Tallahassee, FL – Florida’s effort to legalize recreational marijuana is back in motion as a newly revised proposal aims for the 2026 ballot, just months after a similar measure failed to secure enough voter support.
On Tuesday, the Smart & Safe Florida committee, heavily funded by the state’s largest medical marijuana company, Trulieve, filed an updated proposal with the Florida Division of Elections.
The initiative seeks to legalize recreational cannabis for adults 21 and older, while addressing concerns raised by Governor Ron DeSantis and other opponents who contributed to the failure of the previous amendment.
In the 2024 election, Amendment 3 garnered majority support but fell short of the required 60% voter approval to amend the state constitution.
Governor DeSantis, through his chief of staff James Uthmeier, led two political committees to campaign against the recreational marijuana measure and another proposal aimed at protecting abortion rights in the state constitution.
The revised marijuana measure maintains its goal of legalizing adult-use cannabis but includes significant changes designed to ease opposition.
One major update explicitly bans the smoking and vaping of marijuana in public spaces, a response to DeSantis’ criticism that the 2024 initiative would have prevented the legislature from regulating public consumption.
Additionally, the new proposal prohibits marketing and packaging strategies that could appeal to children, another key concern raised by the governor.
Jim McKee, an attorney representing medical marijuana companies, noted that the amendment’s sponsors have worked to address objections voiced by critics.
Cannabis attorney Paula Savchenko praised the revisions, stating they were a smart move to potentially win over opponents like DeSantis.
Trulieve, the leading medical marijuana provider in Florida, played a significant role in backing the previous campaign, contributing more than $144 million—accounting for 94% of the total $152 million raised by the Smart & Safe Florida committee.
Governor DeSantis criticized Trulieve’s financial involvement, arguing the amendment would cement the company’s dominance in the state’s cannabis market.
He called the company’s record-breaking investment a strategy to secure a long-term profit stream.
Ahead of the 2024 election, DeSantis launched a vigorous campaign to defeat the amendment, using public funds for statewide public service announcements and organizing rallies to warn voters about the potential consequences of passing the measure.
He has since called for a special legislative session set for January 27th, where lawmakers may introduce stricter rules for gathering petition signatures for ballot initiatives—a move that could hinder efforts to place the recreational marijuana proposal on the 2026 ballot.
Florida’s medical marijuana market has expanded rapidly since voters approved its legalization in 2016.
Nearly 900,000 patients are now enrolled in the state’s medical cannabis program.
The Florida Department of Health is preparing to nearly double the number of licensed medical marijuana companies, which currently stands at 27, by granting 22 additional licenses.
However, that expansion remains on hold due to ongoing legal challenges.
The new proposal would allow adults 21 and older to possess up to two ounces of marijuana—one ounce less than the previous initiative allowed.
It also permits existing medical marijuana treatment centers to sell recreational cannabis while requiring lawmakers to establish a licensing system for new businesses.
This change could dismantle Florida’s current “vertical integration” model, which forces cannabis companies to manage every aspect of production and sales
H/T: wjno.iheart.com
