Florida Takes Action to Advance Adult-Use Cannabis Ballot Measure, Lawsuit Ends Delay

TALLAHASSEE – Florida election officials cleared a procedural roadblock for a proposed constitutional amendment to legalize recreational Cannabis, submitting the measure to the state attorney general’s office just weeks after advocates sued over perceived delays in the review process.

The move sets the stage for scrutiny by the Florida Supreme Court on the ballot language’s clarity and a separate fiscal review, with the initiative eyeing a spot on the November 2026 ballot if it secures 60% voter approval.

The action caps a contentious stretch for Smart & Safe Florida, the political committee spearheading the effort and backed primarily by medical Cannabis giant Trulieve. In late October, the group filed suit in the state Supreme Court, accusing the DeSantis administration of stalling by withholding a required certification letter despite verifying more than 660,000 petition signatures, well above the 220,000 needed to trigger formal review. That tally, collected through grassroots drives and paid circulators, represents about three-quarters of the 891,523 total signatures required for ballot qualification by February 1, 2026.

The lawsuit echoed an earlier federal challenge filed October 19, contesting an order from Secretary of State Cord Byrd to invalidate at least 200,000 signatures over technical issues with mailed petitions. Critics, including Smart & Safe spokespeople, framed these steps as deliberate barriers from an administration that poured resources into defeating a similar measure (Amendment 3) last year. That 2024 ballot question, which would have allowed adults 21 and older to possess up to three ounces of recreational Cannabis flower, garnered 55.9% support [shy of the supermajority threshold] after opponents, led by Gov. Ron DeSantis, aired ads warning of unchecked corporate control and public health risks.

This time around, the proposal tweaks the framework, emphasizing regulated sales through existing medical Cannabis licensees while barring home cultivation and public consumption. Proponents argue it builds on Florida’s robust medical Cannabis program, which serves over 900,000 patients and generated more than $1.28 billion in year-to-date sales.

A fresh poll released November 11 underscores broader voter frustration with state interference in ballot measures. Conducted by Fabrizio, Lee & Associates, the survey found 92% [!] agree residents, not lawmakers, should decide on adult-use Cannabis legalization. Breakdowns reveal strong bipartisan backing: 95% of Democrats, 90% of Republicans and 93% of independents favor voter control on the issue. Sampled via landline, cell and online methods with a margin of error of plus or minus 3.5% points, the results signal potential momentum if advocates frame the 2026 push as a democratic exercise rather than policy debate.

Fiscal questions loom large as the Financial Impact Estimating Conference prepares its analysis, due by mid-2026. While the amendment carries no built-in excise tax [unlike neighbors such as Illinois, where recreational sales yielded $1.72 billion (more than $490 million in tax revenue) in 2024], experts project Florida could see $300 million to $500 million in new revenue by year three, factoring in licensing fees and sales taxes on a market projected to rival California’s in scale. That windfall might fund schools or infrastructure, but detractors point to enforcement costs and lost federal aid risks under current drug laws. Trulieve, which bankrolled 95% of the 2024 effort’s $150 million war chest, stands to gain vertically integrated dominance, though the measure’s vertical restrictions could stifle smaller entrants.

For the Cannabis sector, this progression marks a tactical victory in a state where medical expansion has already created 30,000 jobs and drawn billions in investments since voters approved Amendment 2 in 2016. Still, the path demands flawless execution: additional signatures, solid legal defenses, and a narrative that neutralizes opposition firepower.

As Florida’s battles over recreational Cannabis reforms heat up, a breakthrough here could be the tipping point on scales of long-awaited adult-use legalization, proving that high-bar amendments are viable, even in red-leaning territory. However, with DeSantis harboring national ambitions and a grand jury investigating his 2024 campaign finances, the contest seems to be as much about governance as grams.