A federal court ruling has removed what was considered the biggest obstacle to a Florida marijuana legalization initiative, all but ensuring its place on the November 2026 ballot.
The Smart & Safe Florida campaign, which is working to qualify the initiative, had challenged a law signed earlier this year by Governor Ron DeSantis that severely restricted signature gathering by barring non-residents and non-citizens from collecting petitions. On Thursday, U.S. District Judge Mark Walker struck down the provisions, granting “complete relief” and ruling that the restrictions unlawfully burdened First Amendment rights.
The law had been viewed as the most serious threat to the campaign’s effort, which already requires navigating a lengthy and expensive process. With that obstacle now removed, the campaign is positioned to make the 2026 ballot. Smart & Safe Florida has already submitted nearly 700,000 valid signatures, putting them well on their way to the 891,523 needed by the February 2026 deadline.
The group has also raised over $25 million to fuel its push, the majority of it contributed by Trulieve, the state’s largest marijuana company and one of the biggest operators nationwide with more than 230 dispensaries. The resources have allowed the campaign to fund widespread petitioning efforts and advertising across the state.
Given the court’s decision, the significant funding behind the effort, and the large number of signatures already secured more than a year and a half before the deadline, the initiative is now expected to make the ballot with little doubt. If approved by voters, it would legalize recreational marijuana in the nation’s third most populous state, dramatically expanding access in a market already generating well over $1 billion in annual revenue under its medical-only system.
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