Florida Governor Ron DeSantis says he doesn’t believe the renewed effort to place marijuana legalization on the 2026 ballot will survive legal scrutiny.
Florida Governor Ron DeSantis at a February 3 press conference (photo credit: Forbes).
Speaking at a news conference on Monday, DeSantis reiterated his opposition to placing marijuana legalization in the state constitution, just as he did with the 2024 measure that garnered majority support but failed to meet the required 60% approval threshold.
“There’s a lot of different perspectives on marijuana. It should not be in our constitution. If you feel strongly about it, you have elections for the Legislature”, said DeSantis. “Go back candidates that you believe will be able to deliver what your vision is on that.”
He also questioned whether the Florida Supreme Court would approve the ballot language. “There’s all kinds of things going on in here. I think it’s going to have big-time trouble getting through the Florida Supreme Court. Honestly, as written, I don’t think it will even be on the ballot.”
Despite DeSantis’ skepticism, his comments may be more wishful thinking than reality. The state’s high court previously allowed a similar measure—the “Adult Use of Marijuana” amendment—to proceed to the 2024 ballot. The court’s composition has not changed since that ruling.
While DeSantis did not specify why he believes the new proposal will be rejected, he echoed concerns from his 2024 campaign, particularly regarding home cultivation. He argued that the measure does not guarantee individuals the right to grow their own marijuana, instead leaving that decision to lawmakers, much like Florida’s medical marijuana program.
“What they say is they don’t give you that right. They say, well, the Legislature’s allowed to, but guess what’ll happen if this passes?” DeSantis said. “Do you think they’re going to be in favor of you growing your own or against? Of course, they’re going to lobby against, and they have a lot of money to be able to try to influence the legislature as a result of that.”
Last week Smart & Safe Florida, the group behind Amendment 3, began mailing thousands of petitions to households statewide in its renewed push to legalize recreational marijuana.
