Efforts to legalize recreational cannabis in Florida remain active as the state’s highest court weighs whether to take up a key appeal that could determine if voters see the issue on a future ballot.
The Florida Supreme Court is reviewing a request from the Smart and Safe Florida campaign after roughly 71,000 petition signatures were thrown out. If the justices agree to hear the case and ultimately side with the campaign, the proposed constitutional amendment could move forward to the ballot in November.
The group contends that the disputed petitions were improperly invalidated and should be included in the final tally required for ballot access. State officials previously excluded signatures tied to voters listed as inactive, people residing outside Florida, and forms that did not contain the complete wording of the proposed amendment. Campaign organizers say they submitted more than 1.4 million signatures overall, far surpassing the 880,062 required to qualify for placement before voters.
The latest proposal is a revised version of a 2024 amendment that fell short of passage. Although it earned a majority of support at the polls, it did not reach the 60% approval required to amend the state constitution.
In response to concerns raised during that campaign, the updated measure includes new restrictions. It would bar vaping or smoking cannabis in public areas and direct lawmakers to establish rules governing when and where cannabis could be consumed outside private property.
Opposition, however, remains strong. Governor Ron DeSantis, who actively campaigned against the earlier proposal, has argued that the amendment conflicts with the state constitution. Business organizations have also criticized the initiative, contending that outsiders are attempting to use the state’s citizen initiative process for their own gain.
The campaign is also facing legal scrutiny, with state AG Ashley Moody’s office recently launching dozens of criminal investigations tied to alleged fraud in the petition-gathering process.
Subpoenas were issued seeking records from the campaigners as well as from subcontractors involved in collecting signatures. Campaign representatives have denied wrongdoing and said they are cooperating with authorities.
Despite the legal and political obstacles, backers of the initiative say they remain confident. They point to changes made after the 2024 vote and continued support from segments of the marijuana industry as signs that the measure has a viable path forward.
For now, the next move rests with the Florida Supreme Court. Its decision on whether to hear the appeal, and how it rules if the case proceeds, will shape whether voters get another opportunity to weigh in on recreational marijuana in the coming election cycle.
Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF), a company that has heavily invested in efforts to legalize adult-use marijuana, will be closely following what the Supreme Court in the state decides on this matter placed before it.
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