A legal battle has erupted over the future of legal weed in the Sunshine State, with Attorney General James Uthmeier and powerful business groups urging the Florida Supreme Court to block a proposed recreational marijuana amendment from the 2026 ballot.
In briefs filed Friday, Uthmeier’s office joined forces with the Florida Chamber of Commerce and Associated Industries of Florida to argue the proposal is “fatally flawed.” Their central claim is that the ballot language deceives voters regarding where smoking would be permitted and that the initiative conflicts with federal law.
The political committee behind the measure, Smart & Safe Florida, is attempting a second run after a similar amendment failed to reach the required 60 percent voter approval threshold in 2024. The group maintains the new proposal fixes past issues and strictly follows the high court’s prior guidance.
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“In 2024, the Florida Supreme Court rejected nearly identical arguments… and again provided a clear roadmap for ballot approval,” Smart & Safe Florida said in a statement Monday. “We hope their voices won’t be ignored.”
The opposition’s argument hinges largely on the definition of “public.” Uthmeier’s brief contends the ballot summary promises a ban on smoking “in public,” while the full text of the amendment only prohibits it in specific “public places.” Opponents argue this creates a loophole that could mislead parents into thinking smoke would be banned in areas like hotels or restaurant patios, which might not fall under the amendment’s technical definition.
Additionally, the challengers are invoking the Supremacy Clause of the U.S. Constitution. They argue that because marijuana remains federally illegal, the state constitution cannot validly authorize its use. The Florida Supreme Court declined to block the 2024 amendment on these grounds, stating at the time that a detailed conflict analysis with federal law wasn’t the court’s role during the ballot approval phase.
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Beyond the courtroom drama, the clock is ticking for Smart & Safe Florida. The committee must secure Supreme Court approval and verify at least 880,062 petition signatures by February 1. While the group claims to have collected over a million signatures, state tallies currently show around 675,000 valid entries. The committee has since sued elections officials, alleging that roughly 72,000 signatures were improperly invalidated.
The Florida Supreme Court will ultimately decide if the amendment meets the legal standards for clarity and single-subject rules necessary to appear before voters next November.
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