Florida Supreme Court Will Reject 2026 Cannabis Legalization Proposal, Governor Predicts | How to order Skittles Moonrock online

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Florida Gov. Ron DeSantis indicated this week that it’s unlikely another adult-use cannabis legalization measure will land on the 2026 ballot in its current form.

The governor, whose administration successfully opposed 2024’s failed legalization measure, said Smart & Safe Florida’s new initiative filed last month is written in a fashion that won’t survive judicial review for constitutional ballot measures.

DeSantis’ remarks came during a state budget briefing on Feb. 3, when he held firm on his longstanding stance that cannabis reform does not belong in the state’s Constitution.

“There’s a lot of different perspectives on marijuana. It should not be in our Constitution,” he said. “If you feel strongly about it, you have elections for the Legislature. Go [and] back candidates that you believe will be able to deliver what your vision is on that. But when you put these things in the Constitution, and … the way they wrote [it], 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 and honestly, as written, I don’t think it will even be on the ballot.”

As part of the normal judicial review process, the state’s top justices regularly review citizen-initiated amendments to determine if the ballot language is clear and unambiguous in a manner that does not mislead voters, and if the proposal embraces no more than one subject matter.

Although the Florida Supreme Court approved Smart & Safe Florida’s 2024 measure—which received 56% majority support but failed to gain the 60% supermajority vote needed to pass in November’s election—the court ruled in 2021 that a pair of adult-use legalization initiatives aiming for the 2022 ballot did not meet legal standards to go before voters.

“The reality is, the Constitution should really be for [the] structure of government … limiting tax increases—there’s a whole bunch of things you can use it for,” DeSantis said Monday. “But run-of-the-mill policy should not be. Now, I know it’s been used for that over the years, but it does not end well.”

The governor pointed to California’s ballot initiative process, calling it a state that’s become “ungovernable.”

DeSantis failed to mention that California allows for citizen-initiated referendums, statutory measures and constitutional amendments, while Florida only allows for constitutional measures. In other words, while the majority of Floridians support adult-use legalization, their lone avenue in the Democratic process to act when their elective representatives have failed to act is by way of constitutional ballot measures.

DeSantis opposed Florida’s 2024 ballot measure to legalize cannabis by setting up a political action committee to fight the initiative through his former chief of staff, James Uthmeier, whom the governor recently nominated as the state’s attorney general.

The governor also utilized taxpayer-funded public service announcements to sway opinion against legalization leading up to the election. In addition, he continued to suggest throughout 2024 that public places in Florida would be overrun by the smell of those smoking cannabis should voters pass Amendment 3.

Smart & Safe Florida specifically addressed this tale and other gubernatorial concerns in the group’s latest initiative it filed with the Division of Elections last month. The group added language to the 2026 initiative’s ballot summary clarifying that the measure would “prohibit smoking and vaping in public,” and that it “maintains prohibition on driving under [the] influence,” and “prohibits marketing and packaging attractive to children.”

Also new to the 2026 language is a requirement for the Florida Legislature to adopt legislation related to regulating public consumption and licensing additional market entrants before the effective date of the amendment (May 1, 2027).

The 2026 initiative also allows the Legislature to adopt legislation related to home grows and taxes on commercial cannabis sales.

“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 lobby 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.”

When Amendment 3 failed in November, Smart & Safe Florida issued a press release saying, in part, that it would work with the governor and legislative leaders on expanding access to cannabis by allowing home grows.

Tallahassee-based Trulieve CEO Kim Rivers also has publicly stated that her company supports allowing home cultivation, even enabling it through seed or clone sales where it is allowed.

Trulieve represented the primary financial muscle behind Amendment 3, contributing more than $145 million of the campaign’s $153.3 million in funding, according to the Division of Elections.

DeSantis pointed the finger at Trulieve this week, just as he had done leading up to the November election.

“I think that you have one corporation that’s pushing this,” DeSantis said. “People do not want these massive conglomerates to control the constitution. And one of the things that was an issue last time was this idea of ‘can you grow your own?’ And their amendment did not provide for that. As I read this one, what they say is they don’t give you that right.”

Rivers stated throughout 2024 that the only reason Amendment 3 didn’t include a home-grow provision was because of Florida’s stringent single-subject rule in the judicial review process for citizen-initiative ballot measures—the same process that DeSantis said the 2026 proposal stands no chance of surviving.