Florida’s Adult-Use Marijuana Legalization Proposal Heads to Supreme Court Review

Florida’s long-running campaign to legalize adult-use marijuana just reached a crucial procedural milestone: the proposed constitutional amendment to legalize recreational cannabis will now be reviewed by the Florida Supreme Court — a required step before the measure can appear on the November 2026 ballot.

What’s Happening Now

After months of legal challenge and political resistance, Florida elections officials have formally submitted the adult-use marijuana proposal to the state’s attorney general’s office — triggering the Supreme Court review process. This move comes after the political committee Smart & Safe Florida filed a petition arguing that state officials had been delaying the process.

Under Florida law, constitutional amendment proposals must undergo Supreme Court review to ensure the ballot language is clear, meets legal requirements, and adheres to the single-subject rule. If the court approves the language, the campaign can then begin full signature verification and aim to secure the more than 880,000 valid signatures needed to qualify for the ballot.

The Road So Far

This is not the first time Floridians have sought to legalize recreational cannabis through a ballot initiative. In November 2024, a similar proposal earned 56% voter support — but fell short of the 60% supermajority required under Florida’s constitution to amend the state’s governing document.

Smart & Safe Florida, the group behind both efforts, has persisted despite setbacks:

• Earlier this fall, a Florida circuit judge ruled to invalidate about 200,000 petition signatures, creating a hurdle for the campaign.

• Smart & Safe then sued the state in the Supreme Court, asserting that elections officials were violating state law by delaying procedural actions for months.

• Now, with the ballot language officially advancing to the Supreme Court, the campaign moves into the next phase of the 2026 ballot initiative process.

Why This Matters

Florida remains one of only a handful of large states without legal adult-use cannabis, and cannabis possession can still lead to criminal penalties. Reform advocates argue that legalization would:

• End outdated prohibition policies, including arrests and incarceration for minor possession.

• Boost economic growth through new jobs, tax revenue, and regulated cannabis markets.

• Support equity and social justice, addressing disparities in enforcement and conviction rates.

At the same time, opposition from state leadership — including during the 2024 campaign — has been strong. Former Gov. Ron DeSantis and allied groups spent millions campaigning against the earlier measure, and recent state legislative changes have created new hurdles for citizen-led ballot initiatives.

What’s Next for Legalization in Florida

Here’s what happens from here:

1. Supreme Court Review – Justices will evaluate the proposed amendment text to ensure it meets constitutional requirements.

2. Signature Verification – If approved, elections officials will verify the total number of valid signatures collected across Florida.

3. Ballot Qualification – Upon successful review and signature validation, the question will appear on the November 2026 ballot, where a simple majority vote of Florida’s electorate can make recreational cannabis legal for adults aged 21 and older.

Supporters are cautiously optimistic, while opponents are watching closely — but one thing is clear: Florida’s marijuana legalization movement is far from finished, and the 2026 ballot could mark a historic turning point for cannabis reform in the Sunshine State.