Marijuana Moment
Florida’s attorney general is asking the state Supreme Court to review the constitutionality of an initiative to legalize marijuana that activists want to put on the 2026 ballot. The court accepted the request, and has set a schedule for state officials and the cannabis campaign to file briefs next month.
Smart & Safe Florida said last month that it’s collected more than one million signatures to put the cannabis measure on the ballot, but it’s also challenged officials at the state Supreme Court level over delays the certification process, arguing that the review of the ballot content and summary should have moving forward months ago when it reached an initial signature threshold. The state then agreed to move forward with the processing.
Florida Gov. Ron DeSantis (R) campaigned heavily against an earlier version of the legalization proposal, which received a majority of voters last year but not enough to meet the 60 percent threshold required to pass a constitutional amendment. Former Attorney General Ashley Moody (R) unsuccessfully contested the prior initiative in the courts.
So far, while there’s litigation surrounding certification issues—as well as a separate legal challenge over about 200,000 signatures deemed invalid by the state—the latest filings from the secretary of state’s office and court don’t speak to the substance of the proposed measure.
Rather, the court simply said on Wednesday that it received a request from Attorney General James Uthmeier’s (R) office, in compliance with state statutes around ballot initiatives, to conduct a review and issue an advisory opinion on whether the legalization measure is drafted in a way that adheres to constitutional election laws.
Pursuant to the provisions of article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, the Attorney General of Florida has requested this Court’s opinion as to whether the text of the proposed amendment “Adult Personal Use of Marijuana” complies with article XI, section 3, Florida Constitution, and whether the proposed ballot title and substance comply with section 101.161, Florida Statutes. Section 16.061, Florida Statutes, requires the Attorney General, within thirty days after receipt of the proposed amendment or revision to the State Constitution by initiative petition, to petition this Court for an advisory opinion regarding compliance of the text of the proposed amendment with article XI, section 3, Florida Constitution, and compliance of the proposed ballot title and substance with section 101.161, Florida Statutes. The full text of the Attorney General’s letter is attached hereto as an exhibit and made a part thereof. IT IS, THEREFORE, the order of the Court that opponents must file their briefs on or before January 2, 2026, and serve a copy thereof on the Attorney General. Answer briefs must be filed on or before January 12, 2026. Replies by opponents must be filed by January 20, 2026. Briefs submitted will be available on the Court’s public online docket at https://acis.flcourts.gov/portal/court/68f021c4-6a44-4735-9a76-5360b2e8af13/case/cef46eec-a0b2-4dd9-b56c-70d02e031fbe. The above case is hereby scheduled for oral argument at 9:00 a.m., Thursday, February 5, 2026. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
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Florida Attorney General Asks Supreme Court To Review 2026 Marijuana Legalization Ballot Initiative
