Florida’s Battle Over Recreational Marijuana Heads to State Supreme Court
The push to legalize recreational marijuana in Florida has taken a significant turn, as proponents have filed a lawsuit against Republican Governor Ron DeSantis’ administration. The suit, brought to the state’s Supreme Court, claims that state election officials are improperly preventing the measure from appearing on the 2026 ballot.
This development is part of an ongoing conflict between progressive activists aiming to amend Florida’s constitution and the conservative Governor, who has previously opposed such measures. In 2024, DeSantis utilized state resources and his political sway to successfully campaign against initiatives to legalize adult marijuana use and to expand abortion rights.
Smart & Safe Florida, the group leading the initiative, filed a petition on Thursday. They allege that state officials have “failed to perform an indisputable legal duty” and are seeking a court order to compel election officials to verify that the campaign has collected the necessary voter petitions to qualify for the ballot.
The organization claims they have amassed petitions exceeding the legal requirement by threefold, yet state officials have not confirmed this achievement. This formal confirmation is a critical step, as it precedes a review of the ballot language by the state Supreme Court, requested by the attorney general.
“As reflected by Respondents’ own publicly reported data, the initiative petition at issue here has secured three times the number of verified valid petitions required statewide,” the group’s filing states.
With the 2026 election approaching, Smart & Safe Florida is racing against the April 1, 2026, deadline for the state Supreme Court to approve the proposed amendment, a necessary step to present the issue to voters.
Questions directed to Secretary of State Cord Byrd, named in the lawsuit, were met with no comment from the Florida Department of State due to the ongoing litigation. Inquiries to representatives for Governor DeSantis were referred back to the department.
While medical marijuana is legal for qualifying patients in Florida following a 2016 constitutional amendment, the state remains a battleground for such progressive policies. Citizens have often used ballot initiatives to bypass the Republican-controlled Legislature, achieving goals like increasing the minimum wage and restoring voting rights for felons.
In May, Governor DeSantis signed legislation that introduced new challenges for citizen-driven ballot initiatives. Critics argue that these changes make it financially and practically impossible for grassroots campaigns to succeed. Consequently, a campaign to expand Medicaid has postponed its efforts to 2028.
Additionally, scrutiny has intensified on members of DeSantis’ administration. It was revealed that $10 million from a state settlement was allocated to two nonprofits, which then contributed millions to a political committee opposing the 2024 recreational marijuana ballot measure. The committee was chaired by James Uthmeier, the governor’s then-chief of staff and current attorney general.
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