Florida’s Potential to 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 would allow adults 21 and older to possess, purchase, or use marijuana for non-medical consumption, with certain restrictions. However, the amendment faces legal challenges from Florida’s Attorney General and business groups over its wording and conflict with federal law.
To make it to the ballot, Smart & Safe Florida must present at least 880,062 valid petition signatures to the state by February 1. As of January 9, the group has collected over 675,000 signatures, but the state elections office has only verified around 72,000. The group has filed a lawsuit alleging that state elections officials improperly directed the invalidation of some signatures.
The proposed amendment must also pass the Florida Supreme Court’s muster, which has already rejected similar arguments in the past. The Court will review whether the wording of the amendment is clear and whether it improperly deals with multiple subjects.
If the amendment makes it to the ballot and is approved by at least 60% of voters, it would make it legal for adults to possess and use recreational marijuana, with restrictions on where they can smoke and child-friendly advertising. Licensed marijuana entities would also be allowed to grow, process, and sell marijuana.
However, the proposal is not without its challenges. The Attorney General and business groups have filed briefs asking the Court to reject the proposal, citing concerns that it is misleading and conflicts with federal law. They argue that the proposal misleads voters over what “in public” use means, and that it is invalid because recreational marijuana use remains illegal under federal law.
Smart & Safe Florida has pushed back against these concerns, citing the Court’s previous rejection of similar arguments. The group has also pointed out that 24 U.S. states, two territories, and the District of Columbia have already legalized adult recreational marijuana use despite it being illegal under federal law.
Even if the amendment passes, it would not immediately allow adults to buy and use recreational marijuana. The amendment sets an effective date six months after voter approval, and the Florida Legislature would still need to make and approve changes to the state’s laws and regulations. This process could take months, and there may be legal challenges from proponents and opponents of the amendment.
Ultimately, the fate of the proposed recreational marijuana amendment in Florida will be decided by the voters in November 2026.
