Florida moves closer to letting voters decide on recreational marijuana in 2026

State officials have formally advanced a proposed constitutional amendment to legalize recreational marijuana to the next — and critical — step: review by the Florida Supreme Court.

How We Got Here

The initiative — backed by Smart & Safe Florida — had previously been stalled after its 2024 predecessor failed to clear a 60% threshold in public vote.

But after the group submitted hundreds of thousands of verified signatures, election officials forwarded the amendment to the state Attorney General on Monday, effectively resolving a legal dispute that had been blocking progress.

That procedural step now triggers mandatory Supreme Court review — a necessary move before the proposed amendment can appear on the 2026 ballot.

What’s in the Amendment

If approved by voters, the amendment would legalize adult recreational use of marijuana — allowing people 21 and older to purchase, possess, and use cannabis without requiring a medical card.

This would represent a major shift in state law for the Sunshine State, where currently only medical marijuana is authorized.

What Could Derail It — And What’s Next

The backers of the measure now face a February 1, 2026, deadline to submit roughly 880,062 valid signatures for ballot qualification; so far, they’ve submitted about 675,000.

Meanwhile, a separate lawsuit alleges that over 200,000 of their submitted petitions were invalidated due to a formatting directive from state elections officials. A court hearing is scheduled this week.

If the legal hurdles are cleared, the amendment could appear on the 2026 ballot — giving Florida voters the chance to legalize recreational cannabis after years of heated debate.