URGENT UPDATE: Florida’s Secretary of State has just declared a proposed 2026 ballot measure to legalize marijuana as “dead,” citing insufficient petition signatures. However, supporters from the organization Smart & Safe Florida are challenging this announcement, claiming the state has prematurely dismissed over 1.4 million signatures—significantly exceeding the required amount.
The declaration came from Secretary of State Cord Byrd, an appointee of Governor Ron DeSantis, just after the deadline for signature submission passed on February 1, 2026. Byrd’s memo, sent at 6:41 p.m. on Sunday, stated that all proposed amendments, including the marijuana initiative, failed to meet state criteria for the ballot.
Glenn Burhans Jr., the general counsel for Smart & Safe Florida, insists that the Secretary of State’s announcement is not final. “We will have more than enough to make the ballot,” he stated, emphasizing that the complete county-by-county totals of validated petitions have yet to be reported.
State law mandates that all validated signatures by 5 p.m. on February 1 must be counted, and current official tallies show only 783,592 valid petitions after Byrd’s office rejected around 70,000 signatures. The organization faces heightened challenges due to new laws that impose stricter rules on petitioning.
The political stakes are high. If successful, the measure would require 60% voter approval to legalize marijuana, a target it narrowly missed in 2024 when 56% of voters supported it. Governor DeSantis and Attorney General James Uthmeier have actively opposed legalization efforts, utilizing over $30 million in state funds to counter the 2024 amendment, including significant donations to anti-legalization campaigns.
The announcement has provoked outrage among supporters and critics alike. Florida Democratic Party Chair Nikki Fried accused the DeSantis administration of silencing voters. “We’ve seen this governor not only create his own police force to intimidate voters but also steal millions of state dollars to control elections,” she declared.
In a further blow to the initiative, the state invalidated almost 300,000 signatures based on technicalities, including 200,000 that did not include the full amendment text. Smart & Safe Florida decided against challenging this rejection due to time constraints.
As the organization continues to dispute Byrd’s decisions, the political landscape in Florida remains fraught with tension. The group has also raised concerns about the verification process, alleging Byrd’s office implemented confusing new rules that hampered signature validation.
With the clock ticking and a contentious political atmosphere, the future of Florida’s marijuana legalization measure hangs in the balance. Observers are urged to stay tuned for updates as the situation develops.
The next steps are crucial: Smart & Safe Florida plans to continue its campaign to gather and validate signatures, while opponents are likely to ramp up their efforts to thwart the measure. The outcome of this legal tussle could significantly impact the state’s approach to marijuana legalization and voter rights moving forward.
