Will Florida Legalize Recreational Marijuana in 2026?
A political committee, Smart & Safe Florida, is attempting to get a recreational marijuana amendment on the Florida ballot for the 2026 election. The proposal faces legal challenges from the state’s Attorney General and business groups over its wording and conflict with federal law.
If the amendment makes it to the ballot, it must be approved by at least 60% of voters to pass. The proposal would allow adults 21 and older to possess and use recreational marijuana, with restrictions on where they could smoke and child-friendly advertising. Licensed marijuana entities would also be allowed to grow, process, and sell marijuana.
Smart & Safe Florida has until February 1 to present at least 880,062 valid petition signatures to the state. The group has already collected over a million signatures, but the state elections office has only verified 675,307.
The proposal must also pass the Florida Supreme Court’s muster, and Attorney General James Uthmeier, the Florida Chamber of Commerce, and Associated Industries of Florida have filed briefs asking the Court to reject the proposal on the grounds that it is misleading and conflicts with federal law.
If the proposal makes it past the legal challenges, it will face a tough battle against the state’s powerful forces. In 2024, the DeSantis administration spent over $35 million to defeat a similar recreational pot amendment, and it is likely that a similar campaign will be launched in 2026.
The proposal has already been rejected by the Florida Supreme Court once before, in 2024, but Smart & Safe Florida is hoping that the Court will follow Florida law and approve the current ballot language. If the proposal passes, it will take effect six months after voter approval, and the Florida Legislature will need to make and approve the change in the Florida Statutes. This could take months, and there may be legal challenges from proponents and opponents of recreational marijuana.
