Smart & Safe Florida Presses Forward on Adult-Use Marijuana Legalization

Florida’s adult-use cannabis debate is back on the ballot trail, and the Smart & Safe Florida campaign is again using Florida’s citizen initiative process to try to put a marijuana legalization question before voters on Nov. 3, 2026.

The proposed constitutional amendment is titled “Adult Personal Use of Marijuana.” According to the ballot summary, it would allow adults 21 and older to possess, purchase, or use marijuana for non-medical consumption and establish possession limits. It would also prohibit marketing and packaging attractive to children, prohibit smoking and vaping in public, and maintain Florida’s prohibition on driving under the influence. The summary further notes the change applies to Florida law and does not change or immunize violations of federal law.

A major design question is who may sell and how the market could expand. The summary says Florida’s licensed Medical Marijuana Treatment Centers (MMTCs) would be allowed to acquire, cultivate, process, transport, and sell marijuana to adults. It also provides for the creation of licenses for non-medical marijuana businesses, pointing to an adult-use licensing framework beyond the existing medical operators.

Smart & Safe Florida is pressing ahead after the 2024 legalization effort—Amendment 3—failed to meet Florida’s 60% constitutional threshold. News outlets reported the measure won a majority but fell short of the supermajority required, keeping adult-use cannabis illegal statewide.

The mechanics of getting back on the ballot are steep. Ballotpedia lists 880,062 valid signatures as the statewide requirement for a 2026 initiated constitutional amendment, along with minimum distribution across at least half of Florida’s congressional districts and a Feb. 1, 2026 deadline for signature verification. Florida’s Division of Elections publishes district-by-district signature thresholds and county-level verified totals and cautions that posted totals are unofficial until certification.

The campaign has also fought over the state’s processing of petitions. In late 2025, the Associated Press reported that Smart & Safe Florida sued Gov. Ron DeSantis’ administration in the Florida Supreme Court, arguing elections officials were failing to carry out a required ministerial step: formally confirming enough verified petitions to trigger the next stages of review. Later, it was reported election officials sent the proposed amendment to the attorney general, moving the measure toward Florida Supreme Court review of the ballot language.

All of this is unfolding under tighter petition rules. AP reported that DeSantis signed a 2025 law adding new restrictions and penalties for initiative drives, including limits on unregistered signature gathering and shorter deadlines for returning petitions—changes supporters describe as anti-fraud measures and critics say will increase costs. State guidance also notes that updated initiative petition forms became effective July 1, 2025.

Even if Smart & Safe Florida clears signatures, ballot language scrutiny remains decisive. In April 2024, the Florida Supreme Court reviewed a recreational marijuana initiative for compliance with Florida’s single-subject requirement and the clarity of its ballot summary—an example of how judicial review can shape whether voters ultimately get to decide.

Blog read: What Recreational Cannabis Legalization Could Mean for Florida’s Economy