URGENT UPDATE: Florida’s Secretary of State has declared the 2026 ballot measure to legalize marijuana officially dead, stating it failed to gather enough signatures to qualify. However, supporters from the Smart & Safe Florida organization are fighting back, claiming the announcement is premature, and they have more than 1.4 million signatures—significantly exceeding the required threshold for ballot inclusion.
At 6:41 p.m.Cord Byrd, appointed by legalization opponent Governor Ron DeSantis, issued a memo to the press asserting that all 22 proposed constitutional amendments, including the marijuana measure, did not meet state requirements. Glenn Burhans Jr., general counsel for Smart & Safe Florida, immediately countered that the final and complete county-by-county totals for validated petitions have not yet been reported, insisting, “Once they are all counted, we will have more than enough to make the ballot.”
State law mandates that all signatures validated by 5 p.m. on February 1 must be counted. Currently, Florida’s Department of State reports 783,592 valid signatures, after Byrd invalidated approximately 70,000 petitions. This latest twist adds to the ongoing tension surrounding the marijuana legalization fight in Florida, which intensified after a previous ballot measure fell short in 2024.
The stakes are high, as the state requires 880,062 valid signatures for a spot on the November general ballot. The Smart & Safe Florida group narrowly missed the mark two years ago, gaining 56% approval from voters, but needing 60% for constitutional amendment success. The DeSantis administration has faced criticism for its aggressive tactics to impede the legalization movement, including spending over $30 million to oppose the previous amendment.
In a striking social media response, Attorney General James Uthmeier reacted to Byrd’s announcement with a sarcastic “You Hate to See it!” captioned over a vintage Looney Tunes logo, further highlighting the political divide surrounding this issue.
As the Smart & Safe Florida group continues to challenge the Secretary of State’s office, they face new hurdles, including a recent law that tightens restrictions on petition gathering. Burhans claims that Byrd’s office has deliberately slowed down the petition verification process, creating confusion among voters and election supervisors.
Election officials in Central Florida reported receiving additional scrutiny from Byrd’s Office of Election Crimes and Security, with audits conducted on marijuana ballot petitions in Orange and Broward counties. This has raised concerns over voter intimidation and transparency in the verification process.
The conflict has prompted leaders from the Florida Democratic Party to accuse the DeSantis administration of attempting to suppress voter voices. Chair Nikki Fried stated, “We’ve seen this governor create his own police force to intimidate voters who participate in petition initiatives, while also misusing state funds to influence election outcomes.”
Supporters of the legalization initiative remain determined, asserting that they will continue fighting to ensure that their voices are heard in the upcoming elections. The next key date to watch is February 1, when the final validation of signatures will be reported, potentially reshaping the landscape of marijuana legalization in Florida.
Stay tuned for updates as this situation develops, as the fight for marijuana legalization in Florida continues to intensify amidst political challenges and public demand.
