Florida Judge Deals Blow to Marijuana Legalization Efforts, Invalidating 200,000 Petition Signatures
A recent ruling by a Florida judge has put the state’s 2026 marijuana legalization ballot initiative at risk. Circuit Court Judge John Cooper sided with Governor Ron DeSantis’ administration, upholding a move to invalidate approximately 200,000 signatures in support of the initiative. The decision was made in response to a lawsuit filed by Smart & Safe Florida, an industry-funded campaign seeking to legalize marijuana in the state.
The controversy surrounds the campaign’s petition format, which included a link to the full text of the proposed initiative on the back of the form. The state argued that this revision was an unapproved change, rendering the signatures invalid. Judge Cooper agreed, citing a statutory provision that states signatures obtained on an unapproved form cannot be counted.
The invalidation of these signatures would cut nearly a third of the campaign’s current total, making it more challenging for the initiative to reach the ballot. Smart & Safe Florida has vowed to appeal the decision, stating that voters deserve to have their voices heard on the matter.
The campaign initially contested the secretary of state’s claims that signature verification criteria required the full text of the initiative to be included on the petition. However, the judge’s ruling did not focus on this issue. Instead, it centered on the formatting revision, which the state deemed an unapproved change.
The lawsuit highlighted the secretary’s decision to direct the invalidation of petitions, which came less than four months before the February 1, 2026, deadline for ballot certification. The campaign argued that the secretary’s office had no authority to create and impose additional verification criteria not contemplated by the Legislature.
Despite the legal questions surrounding the revised signature gathering criteria, the campaign voluntarily complied with the secretary’s directive and began including the full text on petitions. However, the state’s decision to invalidate signatures gathered before the full initiative text was added has put the campaign’s efforts in jeopardy.
This is not the first time Smart & Safe Florida has faced challenges in its quest to legalize marijuana in Florida. The campaign successfully secured ballot placement for a 2024 version of the initiative, but it failed to meet the state’s 60 percent threshold to approve a constitutional amendment. The campaign has incorporated changes into the new version, including provisions that prohibit smoking and vaping in public places and require legislative approval for rules dealing with public consumption.
A federal judge recently granted the campaign “complete relief” from provisions of a law signed by Governor DeSantis, which imposed restrictions on signature gathering. The law would have blocked non-residents and non-citizens from collecting signatures for ballot measures, potentially jeopardizing the campaign’s efforts.
The latest development has sparked concern among supporters, who argue that the state’s actions are an attempt to stifle the democratic process. With a poll showing overwhelming bipartisan support for marijuana legalization, the campaign remains hopeful that the initiative will succeed in 2026. However, the road ahead will likely be challenging, with the state’s highest court set to navigate the measure and determine its fate.
