The campaign behind last fall’s failed adult-use marijuana legalization push in Florida is gearing up to try again in 2026.
This time, Smart & Safe Florida – which medical marijuana companies supported to the tune of $153 million in 2024, most of it from Trulieve Cannabis Corp., the state’s leading operator – might be less susceptible to monopoly accusations, according to petition language approved Tuesday by state elections officials.
In contrast to Amendment 3 – which failed to get the necessary 60% support to pass – the new and potentially improved initiative:
- Specifically bans “the smoking and vaping of marijuana in any public place.”
- Outlaws “the marketing and packaging of marijuana in a manner attractive to children.”
- Extends sales privileges to any “Licensed Marijuana Entity” as well as the state’s existing medical marijuana treatment centers (MMTC), as dispensaries are called in Florida.
- Allows landlords and other property owners to ban marijuana use “within or on their property.”
Amendment 3 gave first-mover status to MMTCs, a privilege not afforded if the 2026 measure qualifies for the ballot and passes.
The campaign will need to collect roughly 900,000 signatures to qualify for the 2026 ballot, according to the state.
The new initiative does not legalize personal cultivation of cannabis.
Instead, it leaves it up to state lawmakers to pass further legislation legalizing home grows.
Accusations of a multistate operator-led monopoly push, amplified by Republican Gov. Ron DeSantis, dogged the campaign.
Supporters also accused DeSantis of using state resources, including public money earmarked for opioid treatment, to fund a misleading scare campaign in opposition, according to the Tallahassee Democrat.
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