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Friday, Dec 19, 2025
Outside the box.
Florida Supreme Court Set to Review Proposed Recreational Marijuana Amendment
Attorney General forwards citizen-led constitutional amendment to justices as campaign seeks to place legalization on the 2026 ballot
A proposed constitutional amendment to legalize recreational marijuana in Florida has officially been submitted to the Florida Supreme Court for judicial review, advancing a long-running effort to place the measure before voters in the November 2026 general election.
Attorney General James Uthmeier filed the petition on behalf of the political committee Smart & Safe Florida after state elections officials confirmed the campaign had met key procedural requirements for review.
The Supreme Court is scheduled to hear oral arguments on the proposed amendment on February 5, during which justices will evaluate whether the ballot language complies with constitutional requirements, including the state’s rule that citizen initiatives must address a single subject and be clearly presented to voters.
The review is a necessary step before the initiative can be certified for inclusion on the ballot.
Smart & Safe Florida, which is sponsoring the proposal, has collected more than the minimum threshold of signatures needed to trigger the court process.
Supporters must ultimately submit at least eight hundred eighty thousand valid signatures by February 1 to secure placement on the ballot.
According to the state Division of Elections, the committee has submitted hundreds of thousands of signatures toward that total, though the precise number remains in flux as supervisors of elections continue verifying petitions.
The controversy over the petition process includes a dispute over the validity of tens of thousands of signatures that state officials invalidated after concluding that petition forms did not include the full text of the proposed amendment.
Smart & Safe Florida is challenging that invalidation in circuit court, arguing that election rules do not require the full text to accompany petitions in all circumstances.
Meanwhile, elections officials contend that state law grants them authority to enforce uniform petition standards.
If the Supreme Court approves the language and procedural hurdles are cleared, Florida voters will decide whether to amend the state Constitution to allow adults twenty-one and older to possess and use marijuana recreationally.
A supermajority of at least sixty percent of support in the statewide referendum will be required for adoption, as mandated for constitutional amendments in the state.
The move toward judicial review comes after Florida voters narrowly backed a similar recreational marijuana amendment in twenty-twenty-four that failed to meet the sixty percent threshold needed for passage despite securing a majority.
The renewed initiative reflects persistent interest among segments of the electorate in legalizing adult recreational use and the continued organization of advocates seeking to change state law through the ballot initiative process.
Attorney General James Uthmeier filed the petition on behalf of the political committee Smart & Safe Florida after state elections officials confirmed the campaign had met key procedural requirements for review.
The Supreme Court is scheduled to hear oral arguments on the proposed amendment on February 5, during which justices will evaluate whether the ballot language complies with constitutional requirements, including the state’s rule that citizen initiatives must address a single subject and be clearly presented to voters.
The review is a necessary step before the initiative can be certified for inclusion on the ballot.
Smart & Safe Florida, which is sponsoring the proposal, has collected more than the minimum threshold of signatures needed to trigger the court process.
Supporters must ultimately submit at least eight hundred eighty thousand valid signatures by February 1 to secure placement on the ballot.
According to the state Division of Elections, the committee has submitted hundreds of thousands of signatures toward that total, though the precise number remains in flux as supervisors of elections continue verifying petitions.
The controversy over the petition process includes a dispute over the validity of tens of thousands of signatures that state officials invalidated after concluding that petition forms did not include the full text of the proposed amendment.
Smart & Safe Florida is challenging that invalidation in circuit court, arguing that election rules do not require the full text to accompany petitions in all circumstances.
Meanwhile, elections officials contend that state law grants them authority to enforce uniform petition standards.
If the Supreme Court approves the language and procedural hurdles are cleared, Florida voters will decide whether to amend the state Constitution to allow adults twenty-one and older to possess and use marijuana recreationally.
A supermajority of at least sixty percent of support in the statewide referendum will be required for adoption, as mandated for constitutional amendments in the state.
The move toward judicial review comes after Florida voters narrowly backed a similar recreational marijuana amendment in twenty-twenty-four that failed to meet the sixty percent threshold needed for passage despite securing a majority.
The renewed initiative reflects persistent interest among segments of the electorate in legalizing adult recreational use and the continued organization of advocates seeking to change state law through the ballot initiative process.
