The group leading Florida’s effort to legalize recreational cannabis has taken Governor Ron DeSantis’ administration to court, accusing state officials of obstructing the campaign’s path to the 2026 ballot. The lawsuit, filed with the Florida Supreme Court, marks the latest chapter in a prolonged fight between reform advocates and the Republican governor.
Smart & Safe Florida, the organization behind the legalization initiative, claims the state’s Division of Elections has refused to certify the number of voter signatures submitted to qualify the measure for review. The group says it has collected more than triple the required number of verified signatures, but that officials have not completed the procedural certification necessary to move the proposal forward.
According to the petition, the delay violates a clear legal obligation under Florida law. The group is asking the state’s highest court to compel election officials to acknowledge that the threshold has been met, which would send the proposed constitutional amendment to the attorney general for language review and then back to the Supreme Court for approval.
The group is racing to meet an April 1 deadline for the Supreme Court to clear the measure for the ballot. Without that approval, voters would be unable to weigh in on whether to allow recreational cannabis for adults statewide.
Florida currently allows medical cannabis for patients with qualifying conditions, following voter approval of a 2016 constitutional change that broadened access beyond therapeutic use. Over the past decade, ballot initiatives have become a key tool for Floridians to pursue policies blocked by the Republican-led Legislature, including restoring voting rights to former felons and increasing the minimum wage.
However, those citizen-led efforts have faced mounting barriers. Earlier this year, Governor DeSantis signed legislation tightening requirements for ballot initiatives, a move critics describe as an attempt to stifle grassroots campaigns. The new rules significantly increase the cost and complexity of gathering the signatures required to place amendments before voters.
In response, a separate campaign to expand Medicaid announced it would postpone its efforts until 2028.
The lawsuit also comes amid broader scrutiny of the governor’s administration. Reports surfaced that a state-run foundation, overseen by First Lady Casey DeSantis, funneled $10 million from a state settlement to two nonprofit organizations that later contributed millions to a political committee opposing recreational cannabis legalization in 2024. That committee was chaired by James Uthmeier, DeSantis’ former chief of staff and now the state attorney general.
These indirect efforts to frustrate marijuana policy reform in Florida are likely to be condemned by the wider marijuana industry, including entities like Cresco Labs Inc. (CSE: CL) (OTCQX: CRLBF) that operate in other legal markets.
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