The fight over recreational marijuana in Florida has entered a new phase, with state officials now challenging the validity of hundreds of thousands of petition signatures needed to get the 2026 legalization initiative before voters. This latest development adds another layer of complexity to what has already become one of the most contentious political battles in the Sunshine State.
Smart & Safe Florida, the organization behind the recreational cannabis push, according to POLTICO, has filed a lawsuit against Secretary of State Cord Byrd and other state officials. The lawsuit alleges that the DeSantis administration is improperly attempting to invalidate nearly 200,000 petition signatures that have already been verified—representing almost a quarter of the signatures required to qualify for the ballot.
The dispute centers on a technical requirement that has become the latest battleground in Florida’s ongoing cannabis wars. State officials claim Smart & Safe Florida failed to provide complete copies of the proposed constitutional amendment when collecting signatures through mail campaigns, making those petitions invalid under Florida law.
The Signature Controversy Explained
The controversy began when Smart & Safe Florida launched a mail-based petition drive earlier this year. The organization sent petition forms to potential supporters along with return envelopes and prepaid postage. Rather than including the full text of the amendment with each mailed petition, they included a website address on the reverse side where voters could access the complete proposal.
This approach drew scrutiny from Secretary of State Cord Byrd, who sent a letter to the campaign in March arguing that the petitions were invalid because they didn’t include the full amendment text and because the website reference appeared on the back of the form. Following Byrd’s concerns, Smart & Safe Florida began including complete amendment copies with their mailings and provided state officials with the names of everyone who had returned mail-in petitions.
However, in early October, the state Division of Elections took the unprecedented step of directing all 67 county election supervisors to invalidate up to 200,000 previously accepted signatures. This directive came from Maria Matthews, the division’s director, who works under Secretary Byrd.
Smart & Safe Florida’s legal challenge argues there is no provision in Florida law requiring the full text of an amendment to be provided before someone signs a petition. The campaign characterizes the state’s actions as an “unlawful” attempt to change the rules after the fact and prevent voters from having their voices heard.
DeSantis Administration’s Resistance Strategy
This signature challenge represents just one element of what appears to be a yet another effort by the DeSantis administration to prevent the recreational marijuana initiative from reaching voters. Governor Ron DeSantis, who successfully campaigned against the 2024 cannabis measure that just fell short of the required 60% threshold, has made his opposition to marijuana legalization a defining political position.
The administration’s resistance extends beyond signature challenges. Under Florida law, constitutional amendments must be reviewed by the state Supreme Court once organizers collect 25% of the required signatures. Despite Smart & Safe Florida having gathered more than 75% of the needed signatures—approximately 663,000 out of the required 880,000—the measure has not yet been submitted to the court for review.
This delay is particularly significant because the Supreme Court must approve amendments by April 1 for them to appear on the ballot. If the review process doesn’t begin soon, the timeline could become impossible to meet, effectively blocking the initiative regardless of signature collection success.
Attorney General James Uthmeier, who previously served as DeSantis’s chief of staff and directed the campaign against the 2024 marijuana amendment, told reporters he hasn’t received official notification from the Department of State that the amendment has crossed the necessary signature threshold. This administrative delay appears to be creating additional obstacles for the legalization effort.
Legal Precedent and Grand Jury Investigation
The current battle unfolds against the backdrop of ongoing legal scrutiny of the 2024 campaign. A Florida grand jury is reportedly investigating the DeSantis administration’s actions during last year’s marijuana initiative, including the controversial use of $10 million from a Medicaid settlement that flowed through the governor’s wife’s foundation to groups opposing legalization.
State Representative Alex Andrade, who chairs a House budget committee that investigated the money transfer, confirmed he was subpoenaed and testified before the grand jury. The investigation adds another dimension to the political stakes surrounding cannabis legalization in Florida.
The legal challenges also highlight the increasingly complex regulatory environment for ballot initiatives in Florida. The legislature recently passed new restrictions making it more difficult for citizen-led campaigns to place measures on the ballot, creating additional hurdles for future reform efforts.
Strategic Modifications for 2026
Learning from their 2024 experience, Smart & Safe Florida has incorporated several changes into their new initiative designed to address previous criticisms. The revised measure explicitly prohibits smoking and vaping marijuana “in any public place” and requires legislative approval for rules governing “the regulation of the time, place, and manner of the public consumption of marijuana.”
These modifications appear aimed at addressing public consumption concerns that may have contributed to the previous measure’s defeat. The campaign is also emphasizing stronger regulations around marketing to children and clearer guidelines for public safety.
However, the fundamental challenge remains the same: securing 60% voter approval in a state where polling shows mixed results. While some surveys indicate majority support for legalization, others suggest the measure may yet again struggle to reach the constitutional threshold required for passage.
Political and Economic Stakes Surround Recreational Marijuana in Florida
The marijuana legalization debate in Florida carries implications far beyond state borders. As the nation’s third-largest state, and a state where 64% of Americans say they have visited, the most of any state. Florida’s decision could influence cannabis policy nationwide and represent a significant market opportunity for the industry.
Trulieve, the state’s largest medical marijuana company, has already invested over $20 million in the 2026 campaign, they invested over $100 million in the failed attempt in 2024, which in made it the largest marijuana legislation of all time by a large margin. The company’s substantial investment reflects both the potential market opportunity they have potential for and the challenging political environment for cannabis reform in Florida.
The debate also represents a test of DeSantis’s political influence as he potentially prepares for future political campaigns. His successful opposition to the 2024 measure, despite even President Trump’s endorsement of recreational marijuana legalization in Florida, demonstrated his ability to shape Florida politics on contentious issues.
What Next For Recreational Marijuana in Florida?
The lawsuit filed by Smart & Safe Florida will likely determine whether the signature challenge succeeds or whether the campaign can move forward with their current petition totals. A favorable court ruling would allow the organization to continue building toward their signature goal without losing the contested petitions.
Meanwhile, the timeline for Supreme Court review remains uncertain. If the DeSantis administration continues delaying the submission of the measure for judicial review, the April 1 deadline could become impossible to meet, effectively killing the initiative regardless of public support.
The grand jury investigation into the 2024 campaign activities may also influence the political dynamics surrounding the 2026 effort. If the investigation reveals improper conduct by state officials, it could shift public opinion or create legal consequences that affect future campaign activities.
Smart & Safe Florida faces the dual challenge of completing their signature collection while navigating an increasingly complex legal and political landscape. Their success in gathering signatures demonstrates organizational capacity and grassroots support, but converting that into electoral victory requires overcoming the same 60% threshold that proved insurmountable in 2024.
The outcome of this will likely set the tone for the remainder of the campaign and determine whether Florida voters get another opportunity to decide on recreational marijuana legalization in 2026.
