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Florida Marijuana Legalization Campaign Sues State Over Alleged ‘Unlawful’ Attempt To Invalidate 200,000 Signatures For 2026 Ballot Initiative

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A Florida campaign working to put a marijuana legalization initiative on the 2026 ballot is suing the state for allegedly taking “illegal” steps to force it to invalidate about 200,000 voter signatures it submitted.

Smart & Safe Florida filed suit against Secretary of State Cord Byrd and Inspector of Elections Mark Earley last week in Florida’s Second Judicial Circuit, alleging that the secretary’s signature verification criteria invalidate petitions that do not include the full text of the initiative.

That rule “was not anticipated by the state” regarding voting requirements, the campaign said. However, the Secretary earlier this month “ordered all Supervisors of Elections to invalidate more than 200,000 petitions from the Plaintiff, which the Supervisors had specifically verified against statutory criteria.”

A spokesperson for the campaign told Marijuana Moment on Monday that the lawsuit “requires the Secretary of State to follow Florida law and prevent the State from denying the voices of Florida voters who have signed petitions.”

“We’re asking the courts to enforce Florida law, it’s that simple,” they said. “The state is trying wrongly after changing the rules and denying these registered voters their voice in the process.”

The lawsuit, first notify Politico noted that the secretary’s decision to target the cancellation of petitions “comes less than four months before the February 1, 2026, ballot verification deadline.”

At the beginning of the secretariat Smart & Safe sent a letter of resignation to Florida in Marchadvising the campaign on the interpretation of the rules regarding the inclusion of the full text of the proposed initiative in its petitions for signatures, “without specifying any statute, regulation or order” to support its implementation.

“While the Secretary has delegated authority to establish the style and requirements of a citizen initiative form, he does not have the authority to create and implement additional verification criteria not provided for by the Legislature,” the lawsuit states. “No Florida statute expressly or impliedly requires the Full Text Form to be given or shown to a voter before signing a petition.”

Despite legal questions about the revised signature-gathering criteria, the campaign voluntarily complied with the secretary’s directive and began including the full text of the petition. But more than six months after the initial contact, Division of Elections Director Maria Matthews sent an email on Oct. 3 to all of the state’s 63 county supervisors “to rescind any Smart & Safe petition directed at them” before adding the full text of the voter-signed initiative.

“Although the Clerk intends for voters to have the opportunity to read the Full Text Form before signing the petition, there is no statutory or regulatory requirement that a voter verify and count the request to read the full text,” the lawsuit states. “The Secretary’s Directive is imprecise, illegal, ultra vires and void.”

“Due to the Secretary’s Directive, Smart & Safe questions its rights and obligations as a sponsor of the Proposed Amendment,” he added.

The campaign is asking the court to affirm that the secretary lacks legal authority to “impose additional verification criteria” for petition signatures, order the state to “invalidate otherwise valid petitions” under the secretary’s directive, restore the validity of petitions that were allegedly invalidated, and provide any other relief deemed necessary.

Beyond the legal challenge over the signature criteria, there’s another curious wrinkle in how the state has navigated the initiative so far, as the secretary of state apparently missed a statutory deadline to submit the measure to the Florida Supreme Court for legal review after meeting the initial threshold of 220,016 valid signatures.

According to the state Division of Elections, Smart & Safe Florida has collected 662,543 valid signatures as of last count. It needs to verify 880,062 signatures by February 1, 2026 to be voted on. In June, the state confirmed the campaign enough has been collected to initiate a fiscal and judicial review of the initiative.

This is the second vote of the campaign. They successfully got a vote on a version of the 2024 initiative, and a majority voted to pass it, but not enough to meet the state’s 60 percent threshold to pass a constitutional amendment.

An estimated 200,000 applications could be at risk of being invalidated, and with limited time to make up the gap, the campaign could be in jeopardy if the court upholds the state’s mandate to impose new signature criteria.

In the background of this case, in August a federal judge ruled against Smart & Safe Florida—Gov. Ron DeSantis (R) to provide “full relief” from provisions of a law he signed to impose other severe restrictions on signature gathering.

Although the law DeSantis signed in May was not directly aimed at the cannabis initiative, there has been concern among supporters that it could jeopardize an already complex and expensive process to gather enough signatures to put it on the ballot. That’s because it would block non-residents and non-citizens from collecting signatures for ballot measures.

In March, two Democratic members of Congress representing Florida asked the federal government to investigate What they described as an “illegal diversion” of millions in state Medicaid funds Through a group with ties to DeSantis. The money was used to fight a popular ballot initiative the governor vehemently opposed that would have legalized adult marijuana.

The lawmakers’ letter alleges that a $10 million donation from a state legislative settlement was misappropriated to the Hope Florida Foundation, which later sent the money to two political nonprofits, and sent $8.5 million to the anti-Amendment 3 campaign.

A grand jury is now taking testimony on that case ahead of possible indictments.

The governor said this in February The latest measure to legalize marijuana is in “big trouble” with the state Supreme CourtHe announced that it will be blocked from going before the voters next year.

“There are a lot of different views on marijuana,” DeSantis said. “It shouldn’t be in our Constitution. If you feel strongly about it, you have a legislative election. Bring back the candidates you think will be able to deliver what you think about it.”

“But when you put these things in the Constitution, and I think, I mean, the way they were written, there’s all kinds of things going on here. I think it’s going to have a lot of trouble getting passed by the Florida Supreme Court,” he said.

the last the initiative It was introduced to the secretary of state just months after initial versions failed in the November 2024 election, despite President Donald Trump’s endorsement.

The revised version of Smart & Safe Florida is expected to be successful in 2026. The campaign — which received tens of millions of dollars from cannabis industry players in the last election cycle, notably from multi-state operator Trulieve — introduced some changes in the new version that address criticisms of opponents of the 2024 push.

For example, it now specifically states that “smoking and vaping marijuana in any public place is prohibited.” Another section states that the legislature should adopt rules governing the “time, place and public manner of consuming marijuana.”


It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.


Learn more about our marijuana bill tracking and become a Patreon supporter to gain access

Last year, the governor accurately predicted this The campaign’s 2024 cannabis measure would survive a legal challenge From the state attorney general. It’s not entirely clear why he thinks this version will face a different outcome.

Although there is uncertainty about how the state’s highest court will navigate the measure, a poll released in February It showed the overwhelming support of a bipartisan voter for reform— 67% of Florida voters support legalization, including 82% of Democrats, 66% of independents and 55% of Republicans.

However, the results echo another recent poll by the Florida Chamber of Commerce, a proactive opponent of legalization, which found a majority in favor of reform among likely voters (53 percent). but not enough to be able to set the 60 percent condition.

Another poll of Republican voters in Florida showed only 40 percent of that demographic said they would vote for it of the legalization proposal.

Also, a GOP senator from Florida recently claimed this the legalization campaign “tricked” Trump into supporting the 2024 measure misleading him and the general public about key provisions.

Before the election, Trump said he was sorry last September The 3rd Amendment “would have been great” for the state.

Before commenting, Trump met with Truliev CEO Kim Riversas well as a GOP state senator who favors reform.

Meanwhile, there are medical marijuana officials in Florida actively expunging the records of patients and caregivers with drug-related criminal records. The policy is part of the sweeping budget legislation that DeSantis signed into law earlier this year. The aforementioned provisions address the State Department of Health (DOH). void the records of medical marijuana patients and caregivers if convicted of drug offenses, or pleaded guilty or no contest.

Read the Smart & Safe Florida campaign the case Against the state petition criteria:

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Cannabis products recalled due to “unreliable” tests

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New York State’s Office of Cannabis Management (OCM) has recalled several cannabis products after finding that reported results from a testing laboratory were “unreliable.”

OCM says it has found a total of 54 product lots that tested false positive for Aspergillus, the mold that causes disease. According to OCM, another batch of product had incorrect results for the heavy metal cadmium.

“When test results are inaccurate or unclear, product safety and, in turn, the safety of New York State consumers cannot be guaranteed,” said OCM Executive Deputy Director of Licensing, Enforcement and Laboratories Stephen Geskey. “It’s not a risk OCM is willing to take.”

This information comes from an audit of inspections and records conducted by Keystone State Testing New York between December 2025 and January 2026. According to OCM, there have been no reports of the effects of consuming any of the products.

Read more at News 10










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Virginia House And Senate Lawmakers Advance Marijuana Sales Legalization Bills Toward Governor’s Desk

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The march to legalize the sale of recreational marijuana in Virginia continues, with the full House of Representatives and a Senate committee advancing a pair of bills to create a regulated adult cannabis market in the commonwealth.

The House on Tuesday approved the second reading of the cannabis sale bill passed by the Senate, giving it the chance to pass it definitively in the chamber. Earlier, a House measure moved through the Senate Finance and Appropriations Committee on a 10-5 vote, sending the measure back to the floor for consideration.

Both chambers’ marijuana-sale proposals aim to give adults a legal way to buy cannabis, legalizing both state possession and home cultivation in 2021, though there are key differences between them.

Bicameral measures—HB 642 and SB 542—Recently changed to allow micro business licensees to cultivate, process or conduct retail sales at two locations instead of one, as long as they are within 10 miles of each other and operate under common ownership and control.

Lawmakers also revised the legislation to clarify that current medical cannabis businesses would only be able to grow cannabis indoors, including in secure greenhouses with a total hood of 70,000 square feet. The amendments also would not allow additional marijuana licenses with “dual-use privileges” beyond medical licenses.

Finally, the measure’s conversion fee structure was revised to pay current medical marijuana companies the privilege of dividing the adult-use market into three parts.

There are some key differences between the House bills that still need to be ironed out — related to the start date of legal sales and cannabis tax rates — before a final product can be delivered to the governor’s desk.

Here are the key details of Virginia’s marijuana sales legalization legislation, SB 542 and HB 642:

  • Adults would be able to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products, as determined by regulators.
  • The House bill sets a statewide sales date of Nov. 1, 2026, while the Senate measure would allow it to begin on Jan. 1, 2027.
  • The Senate bill would impose a 12.875 percent excise tax on cannabis products, in addition to a 1.125 percent state sales tax and a mandatory 3 percent local tax. The House measure would apply a 6 percent excise tax, as well as a 5.3 percent retail sales and use tax, allowing municipalities to impose a 3.5 percent local tax.
  • Under the House bill, the Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, while the Senate legislation calls for a new combined Alcoholic Beverage and Cannabis Control Authority.
  • The House bill calls for the proceeds to be allocated to a new Cannabis Equity Reinvestment Fund (60 percent), early childhood education (10 percent), the Department of Behavioral and Developmental Health Services (25 percent) and public health initiatives (5 percent). The Senate proposal, on the other hand, would put 30 percent into the capital reinvestment fund, 40 percent for early childhood education, 25 percent for the department of behavioral and developmental health services and 5 percent for public health initiatives.
  • Local governments could not allow marijuana companies to operate in their area.
  • Delivery services would be allowed.
  • Serving sizes would be limited to 10 milligrams of THC, with no more than 100 mg of THC per package.
  • Existing medical cannabis operators could enter the adult-use market if they pay a license conversion fee set at $15 million in the Senate bill and $10 million in the House measure.
  • Cannabis businesses should implement peaceful labor agreements with their employees.
  • A legislative committee would direct the addition of local consumer licenses and micro-enterprise cannabis event permits that would allow licensees to hold sales at farmers markets or pop-up locations. The Virginia Alcoholic Beverage Control Authority would also investigate the possibility of involvement in marijuana regulation and enforcement.

Both the Virginia House and Senate Last month, he took action on multiple marijuana bills during a major deadline—accept proposals to legalize the sale of cannabis, provide a way to punish previous marijuana convictions and allow access to medical cannabis for seriously ill patients in hospitals.

As for the Senate marijuana sales bill, members recently clashed in committee over amendments to the body version that would add new penalties for illegal cannabis activity.

The amendments in the Judiciary Committee’s case included penalties for consumers who purchase from unlicensed sources, recriminalizing possession and sale of cannabis by those under 21, making it a Class 1 felony for a first offense and a felony punishable by a mandatory prison sentence for a second offense. As revised, the bill would also increase the penalty for unlicensed cultivation to a felony with up to five years in prison and make it a felony to transport cannabis with the intent to distribute it across state lines.

But the Finance and Appropriations Committee backed down the amendments last month, sending a letter to senators under pressure from a coalition of advocacy groups. saying that they undermined the “intent” of the legislation and “the will of the people” by adding criminal penalties to certain cannabis-related activities.

In general, both chambers’ commercial sales bills have largely aligned with recommendations released by the legislature in December. Joint Committee to Oversee the Transition to the Commonwealth Retail Cannabis Market.

Meanwhile, some members of the GOP have aligned ideologically with their Democratic colleagues throughout this legislative process, breaking with the majority of their caucus. in favor of creating a regulated market for adults to buy cannabis.

Since legalizing cannabis ownership and home cultivation in 2021, Virginia lawmakers have been working to establish a commercial marijuana market– Only for those efforts to stall under former Gov. Glenn Youngkin (R), who twice vetoed measures sent to his desk by the Legislature.

Governor Abigail Spanberger (D), for her part, supports legalizing the sale of marijuana to adults..

Meanwhile, members of the Virginia House and Senate advanced a pair of bills Monday, with amendments that provide a pathway to resentencing for people with prior marijuana convictions.

Members of the Senate and House Judiciary Committees approved alternate versions of the opposite chamber’s reform bill on Monday, setting the stage for bicameral negotiations as the measures move through the legislative process.

Legislation introduced in both chambers would create a process to consider changing the sentences under which people incarcerated or on community custody for certain felonies involving the possession, manufacture, sale or distribution of marijuana could receive an automatic trial.

Separately last month, the Virginia House patients passed a bill to allow the use of medical marijuana in hospitals. It would require health care facilities to implement policies “to address the situation in which an eligible patient is authorized to use medical cannabis.”

The Senate passed various pieces of legislation use of medical cannabis in healthcare facilities last month


It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.


Learn more about our marijuana bill tracking and become a Patreon supporter to gain access

Meanwhile, the Virginia House passed the bill earlier this month Protecting the rights of parents who use marijuana by complying with state laws.

Del. According to the proposal by Nadarius Clark (D), a parent or guardian’s own use of cannabis “shall not serve as a basis for a finding of abuse or neglect of a child unless other facts establish that its possession or consumption causes or produces physical or mental injury to the child.”

“A person’s legal possession or consumption of substances permitted (under state marijuana law) shall not serve as a basis for limiting custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child,” reads the text of HB 942.

Separately, the Virginia Department of Labor and Industry has published a new defining workplace protections for cannabis users.

Photo by Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

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Swiss company launches nationwide price comparison tool for cannabis

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Evidena Care AG is one of the leading Swiss telemedicine platforms and specialized medical practices for medical cannabis. The company currently supports more than 2,000 patients across the country. Under the direction of Dr. Nicolai Berardi and two other specialist doctors, Evidena Care has focused on evidence-based, responsible and patient-centered treatment for the past two years.

Now, Evidena Care is launching a nationwide online comparison portal for medical cannabis products. The platform is designed for patients who already have a valid medical prescription and want a clear and reliable view of the market. For the first time in Switzerland, patients can directly compare products and prices from the country’s largest pharmacies in one place.

Medical cannabis plays an essential role in the treatment plans of many patients. At the same time, prices can vary significantly between pharmacies, even when the products contain the same levels of active ingredients. As these costs are often not covered by health insurance, or only partially covered, many patients have a heavy financial burden. The new portal addresses this issue by bringing transparency to a market that until now has been difficult to navigate.

The platform provides an overview of available products and dosages, clearly lists the active ingredient content, such as THC and CBD levels, and displays the current prices of leading Swiss pharmacies. Patients can directly compare options and make informed decisions that help optimize their therapy costs, without compromising medical guidance.

“Patients should not be victims of non-transparent pricing structures,” says Dr. Nicolai Berardi, CEO of Evidena Care AG. “We are creating transparency with our comparison portal, strengthening the self-responsibility of those affected and promoting fair competition in the interests of patients.”

The portal is only for people with a valid prescription. It serves as a true information tool and supports cost optimization in an existing therapy supervised by a physician.

For more information:
Evidena Care AG
Email: (email protected)
https://evidena.care/










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