After a narrow defeat in the 2024 election, Florida advocates are reigniting efforts to legalize adult-use marijuana with a revamped campaign targeting the 2026 ballot. The initiative, led by Smart & Safe Florida, aims to address previous shortcomings and capitalize on growing public support.
2024’s Close Call
In November 2024, Amendment 3 sought to legalize recreational marijuana for adults aged 21 and over. Despite receiving 56% of the vote, it fell short of the 60% supermajority required for constitutional amendments in Florida . The campaign faced opposition from Governor Ron DeSantis, who criticized the measure as being driven by industry interests and lacking provisions for home cultivation .
A Renewed Effort for 2026
Undeterred, Smart & Safe Florida filed a new proposal in January 2025 to place a revised constitutional amendment on the November 2026 ballot . The updated measure maintains the core objective of legalizing marijuana for adults 21 and older but includes adjustments to address concerns raised during the previous campaign.
Key Provisions of the 2026 Initiative
- Legalization: Allows adults 21 and over to purchase and possess marijuana.
- Regulation: Permits existing medical marijuana treatment centers to sell recreational cannabis.
- Restrictions: Prohibits public consumption and marketing targeting children.
- Compliance: Clarifies that the amendment applies to Florida law and does not change federal law : CBS News
Strategic Adjustments
Learning from the 2024 experience, the campaign has implemented new tactics:
- Broader Engagement: Actively involving veterans and community leaders to highlight the benefits of legalization .
- Legal Preparedness: Ensuring the amendment’s language withstands judicial scrutiny by explicitly stating its limitations concerning federal law .
- Public Outreach: Launching a comprehensive petition drive, including mailing petitions to households and providing online access .
Challenges Ahead
Despite these efforts, the campaign faces significant hurdles: New York Post
- Political Opposition: Governor DeSantis remains a vocal critic, suggesting the new measure may not survive judicial review .
- Legal Restrictions: New laws signed by DeSantis impose stricter regulations on ballot initiatives, including limitations on out-of-state petition collectors and tighter deadlines for submitting signed petitions. Smart & Safe Florida has joined a lawsuit challenging these restrictions, arguing they undermine the citizens’ initiative process : Cannabis Business Times, Marijuana Moment
Looking Forward
With over 200,000 signatures already verified, the campaign is steadily progressing toward the required 891,589 signatures to qualify for the ballot. Advocates remain optimistic that, with strategic adjustments and increased public engagement, Florida can join the growing list of states embracing adult-use marijuana legalization: NECANN, The Marijuana Herald
For more information on the campaign and to access the petition, visit Smart & Safe Florida.