Florida’s path to cannabis legalization just hit a major legal and political wall—and activists are fighting back. Smart & Safe Florida, the campaign aiming to put marijuana legalization on the 2026 ballot, has officially joined a lawsuit challenging new restrictions on citizen-led ballot initiatives signed into law by Governor Ron DeSantis.
The controversial law, enacted in May 2025, imposes a wave of new barriers to grassroots political efforts. These include shorter deadlines for submitting petition signatures, stricter filing rules, felony penalties for unregistered petition collectors, and increased fines for late or incorrect submissions. Critics argue these changes were designed to stifle public-driven reform—including marijuana legalization.
Smart & Safe Florida has already gathered more than 200,000 verified signatures for its proposed adult-use cannabis amendment. But organizers say the new law has forced them to pause mailings and reconsider outreach strategies due to legal uncertainty and the fear of penalizing volunteers.
According to the lawsuit, the new law violates First Amendment rights by restricting citizens’ ability to participate in direct democracy. Advocates also say it creates an environment of fear and confusion that will disproportionately harm small grassroots campaigns with limited resources.
Governor DeSantis and Republican lawmakers claim the new law is necessary to “protect the integrity” of the ballot process, arguing that constitutional amendments should be difficult to enact. However, critics say the measure is a direct response to the growing success of ballot initiatives on issues like abortion rights, minimum wage increases, and cannabis reform.
The case is currently under review by a federal judge, who has expressed concern about the potential chilling effect of the law on democratic participation.
Despite these challenges, Smart & Safe Florida remains committed to advancing cannabis legalization. Advocates are calling on supporters to stay engaged, donate to the legal fight, and help spread awareness as they continue gathering signatures ahead of the 2026 election cycle.
This legal battle could determine not just the fate of cannabis reform in Florida, but the broader right of citizens to directly influence state policy through the ballot box.
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