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Florida’s election authorities have initiated preliminary actions to potentially include a proposal for legalizing recreational marijuana on next year’s ballot, responding to pressure from activists, according to legal documents.
This procedural development follows a complaint from Smart & Safe Florida, a group advocating for the initiative. The complaint was filed with the Florida Supreme Court, accusing officials in Republican Governor Ron DeSantis’ administration of attempting to improperly prevent the measure from appearing on the 2026 ballot.
In a legal filing dated November 17, Florida Secretary of State Cord Byrd contended that the lawsuit is now irrelevant and should be dismissed. This assertion comes after state authorities issued a formal letter to Smart & Safe Florida and forwarded the proposed ballot amendment to the state attorney general.
These actions indicate official acknowledgment that the campaign has collected the requisite hundreds of thousands of voter signatures to qualify for the ballot. This step activates the procedure for the state Supreme Court to review the language of the proposed amendment, as mandated by state law, to advance the measure onto the ballot.
This controversy highlights an ongoing conflict between progressive groups aiming to revise the state constitution and the conservative governor. In 2024, Governor DeSantis utilized state funds and his political sway to successfully oppose initiatives aimed at legalizing adult marijuana use and expanding abortion rights.
For years, Florida voters have turned to the citizens’ ballot initiative process to bypass the Republican-dominated Legislature and advance progressive policies such as raising the minimum wage and restoring the voting rights of people with felony convictions.
In May, DeSantis signed a law creating new hurdles for citizen-driven ballot initiatives, changes critics say would make it prohibitively expensive and effectively impossible for grassroots campaigners to get issues on the ballot. Since the passage of the law, a campaign to expand Medicaid in the state announced it’s delaying its push to get the question on the ballot until 2028.
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Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.