Florida Recreational Marijuana Amendment Fails to Qualify for 2026 Ballot

2 February, 2026

Florida’s path toward recreational marijuana legalization has encountered another obstacle, as state election officials announced that a proposed constitutional amendment will not appear on the 2026 ballot due to an insufficient number of verified petition signatures.

The Smart & Safe Florida campaign, which sponsored the initiative, needed close to 880,000 valid signatures to qualify. State records showed roughly 784,000 had been confirmed by the Feb. 1 deadline. Without additional certifications or legal intervention, the amendment is not expected to move forward this election cycle.

Campaign leaders disagree with that conclusion. They say more than 1.4 million petitions were submitted and argue that final validation totals are still pending across counties. In their view, the state’s declaration came too early.

The qualification process became increasingly contentious in recent months. State actions resulted in the removal of hundreds of thousands of petitions, including about 200,000 that did not contain the full amendment text and tens of thousands connected to inactive voters or petitioners from outside Florida.

Meanwhile, the attorney general opened criminal investigations into alleged fraud within the petition effort. Officials said some residents reported signatures that were not theirs, raising questions about the reliability of certain submissions. The campaign countered that it had already flagged questionable petitions to authorities.

Election oversight also drew scrutiny from local officials. Broward County’s elections supervisor suggested the scope and timing of state inquiries appeared geared toward stopping the amendment from advancing, though state leaders have framed their actions as necessary oversight.

The dispute reflects a longer-running policy divide. Governor Ron DeSantis has repeatedly opposed placing marijuana legalization in the state constitution, saying voters who support the change should elect lawmakers willing to enact it through legislation.

Opponents, including business and legal organizations, have similarly challenged the proposal in court, describing it as flawed and unconstitutional. At the same time, public polling has indicated majority support for legalization and strong interest in allowing voters to decide the issue directly.

This is not the campaign’s first setback. A related measure, Amendment 3, reached the 2024 ballot and received majority support but fell short of the 60 percent approval required for constitutional amendments in Florida.

Even as the adult-use effort falters, cannabis policy remains active in the state legislature. Lawmakers are weighing proposals that range from reducing medical marijuana registry fees for military veterans to banning public cannabis smoking. Other bills would expand patient supply limits, allow physicians to recommend cannabis for patients prescribed opioids, protect parental rights for medical marijuana users, permit home cultivation for registered patients, and restructure business licensing within the medical program.

For now, Florida remains a medical-only cannabis state. Whether legalization returns to the ballot may depend on ongoing legal disputes, future signature drives, and the evolving political climate.