A Florida appeals court on Friday dealt another blow to an adult-use marijuana legalization campaign under mounting deadline pressure to qualify for the November ballot.
The setback in court for the Smart & Safe Florida campaign comes on the heels of state law enforcement arresting another paid campaign worker for alleged election fraud, part of a wide-ranging effort by Gov. Ron DeSantis’ administration to defeat cannabis legalization before voters have their say.
Smart & Safe has until Feb. 1 to collect and submit 880,000 valid signatures from registered state voters to qualify a constitutional amendment legalizing cannabis for adults 21 and older for the November ballot.
Adult-use cannabis legalization would be a massive boost for the marijuana industry in Florida, home to the country’s biggest medical-only market. A similar effort narrowly failed in 2024. Sixty percent support is needed to pass a constitutional amendment in Florida.
Why a Florida judge ruled marijuana legalization campaign signatures invalid
Late last year, Secretary of State Cord Byrd instructed state officials to invalidate more than 70,000 signatures already submitted by Smart & Safe.
Smart & Safe sued to stop the invalidations, but after a lower court partially ruled in the campaign’s favor, the 1st District Court of Appeal found Friday that Byrd’s orders to invalidate the signatures are valid.
Byrd ordered some signatures be declared invalid since they were collected by out-of-state campaign workers – a new requirement imposed in 2025, following a narrow defeat for legalization in 2024.
Others were nullified because they came from so-called “inactive voters,” who are registered to vote but haven’t responded to mail from elections officials to confirm their addresses.
The campaign filed an emergency motion on Sunday to have a full appellate court hear the matter, according to the News Service of Florida.
Smart & Safe has submitted more than 760,000 valid signatures as of Monday, according to the state elections website.
Arrests of cannabis campaign workers continue
It’s the second legalization push from Smart & Safe, which is bankrolled primarily by Trulieve Cannabis Corp., the Tallahassee-based marijuana multistate operator that’s the largest cannabis retailer in the state.
But state officials in DeSantis’ administration have been fighting legalization nearly every step of the way – waging a “political war” against cannabis reform, in the words of one local elections official.
In the meantime, at least nine campaign workers had been arrested as of last week for alleged fraud.
On Friday, Attorney General James Uthmeier announced the arrest of a 41-year-old campaign worker for allegedly soliciting signatures – and then using voters’ information “to fraudulently fill out and submit voter registration applications without their permission.”
“There is no excuse for a mega marijuana corporation and its affiliates to fraudulently hijack Florida’s Constitution,” Uthmeier said in a statement Friday.
Medical Disclaimer:
The information provided in these blog posts is intended for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. The use of any information provided in these blog posts is solely at your own risk. The authors and the website do not recommend or endorse any specific products, treatments, or procedures mentioned. Reliance on any information in these blog posts is solely at your own discretion.
