Florida’s Smart & Safe Campaign Moves Closer to 2026 Recreational Cannabis Ballot

The push to legalize recreational cannabis in Florida has taken a significant step forward, with state election officials confirming that Smart & Safe Florida’s proposed 2026 amendment has advanced to the next stage of review.

In mid-November, the Florida Division of Elections issued a formal acknowledgment that the Smart & Safe Florida committee had turned in enough valid signatures to begin the mandatory ballot review process. The acknowledgment sent the proposed constitutional amendment—titled “Adult Personal Use of Marijuana”—to Attorney General James Uthmeier, who must now forward it to the Florida Supreme Court for a legal review of the ballot language. This is a required step before any citizen-initiated amendment can appear on the statewide ballot.

The development followed weeks of tension between the campaign and the state. Smart & Safe Florida had filed a suit accusing Governor Ron DeSantis’ administration of delaying recognition of the signatures. Shortly after the lawsuit was submitted, the state responded by issuing the acknowledgment letter, arguing that the campaign’s complaint was now unnecessary.

If placed on the 2026 ballot, this initiative would mark the campaign’s second attempt at legalizing adult-use cannabis in Florida. A similar measure appeared in 2024 as Amendment 3, winning roughly 56% of the vote—short of the required 60% threshold needed to amend the Florida Constitution. Despite record spending from major medical marijuana operators and strong polling, the measure failed to secure the supermajority needed for passage.

The 2026 amendment mirrors much of the earlier proposal. It would allow adults 21 and older to purchase, possess, and use marijuana for non-medical purposes; restrict smoking or vaping in public; prohibit marketing targeted to minors; and allow licensed Medical Marijuana Treatment Centers to expand into the adult-use market. It would not alter federal cannabis law or permit driving under the influence.

Still, the path to the ballot is far from guaranteed. Smart & Safe Florida is appealing a recent Leon County ruling that upheld the state’s decision to discard more than 200,000 petition signatures due to incomplete amendment text on some forms. At the same time, the campaign must meet the final petition-verification requirement of nearly 880,000 signatures by the state’s February 1 deadline.

The campaign also faces a more restrictive political environment. A new state law enacted in 2025 added tougher requirements—and possible criminal penalties—for petition-gathering mistakes, making citizen initiatives more complex and costly. Advocacy groups behind other major campaigns, including a Medicaid expansion effort, have already postponed their drives due to these tightened rules.

Supporters of legalization argue that bringing adult-use cannabis to Florida would create one of the largest legal marijuana markets in the country, boosting an already thriving medical market that generates billions in annual sales. Opponents—including Governor DeSantis and other state Republican leaders—continue to warn that widespread legalization could create public-safety risks and increase youth access.

For now, the Florida Supreme Court will determine whether the amendment’s language is clear and legally valid—one of the final hurdles before it can be placed on the 2026 ballot. If the court approves the language and the required signature count is met, voters will once again decide whether Florida should join the growing list of states with legal recreational cannabis.

Whether it can reach the 60% supermajority in 2026 remains one of the most closely watched questions in Florida politics.