Efforts to legalize recreational cannabis through a constitutional amendment in Florida are facing a new hurdle: a recently passed state law that adds major roadblocks to the citizen initiative process. The group leading the marijuana amendment push, Smart & Safe Florida, has joined a federal lawsuit challenging the new law, arguing that it undermines Floridians’ fundamental right to propose and vote on constitutional changes.
House Bill 1205, passed by the GOP-led legislature and signed into law by Governor Ron DeSantis, drastically alters how citizens can get amendments onto the ballot. The law introduces more red tape for signature collection, creates new criminal penalties, tightens deadlines, and adds other restrictions that make the process much more difficult.
The changes come in the wake of high-profile ballot initiatives in 2024, including ones advocating for recreational marijuana and abortion rights. Both efforts failed to reach the required 60% voter approval. In response, DeSantis and other state leaders moved quickly to tighten the rules. Critics say these changes are designed to shut down citizen-led proposals before they even get started.
Smart & Safe Florida, which is already working to qualify a new cannabis legalization amendment for the 2026 ballot, says the law unfairly impacts their campaign midstream. They currently have more than 218,000 validated signatures—just shy of the 220,000 needed to trigger a state review of their proposal. Their lawyers argue the law unfairly shifts the rules after campaigns are already underway, leaving little time to adapt.
A federal judge recently approved Smart & Safe Florida’s request to join an existing lawsuit filed by Florida Decides Healthcare, which is fighting to expand Medicaid access through a ballot measure. In court filings, Smart & Safe Florida’s legal team slammed the new rules as unconstitutional, saying they violate free speech rights and prevent grassroots participation.
One of the most contested provisions makes it a felony for unregistered individuals to hold more than 25 petitions and limits who can collect signatures. This has reportedly scared away petition gatherers, many of whom are now leaving the state due to the potential legal risks. The law also slashes the time allowed to submit completed petitions from 30 days to just 10, a change critics say disrupts quality control and leads to more rejected forms.
Another section of the law prohibits a group from backing more than one amendment, though it’s unclear whether that means at one time or permanently. Smart & Safe Florida is also pursuing a separate initiative to let medical cannabis patients grow their own plants. The group says the vague restriction is an unconstitutional limit on political speech. The groups are asking a federal judge to declare the new law invalid and to prevent state and local officials from enforcing it.
The marijuana industry around the North American region, including firms like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB), is likely to raise concerns about the moves in Florida geared at making it harder for grassroots reform initiatives to make their way onto the state ballot.
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