Connect with us

Cannabis News

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

Published

4 months ago

on

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:

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.

Become a patron on Patreon!

Related Topics:
Continue Reading

Cannabis News

Greenhouses and more at Fruit Logistica Berlin

Published

17 hours ago

on

February 9, 2026

By











New varieties, new concepts, new packaging, new products, new faces – there was a lot to do in Berlin last week. And, new travel schedules too: due to the black ice, many visitors traveling by plane had to extend their stay or find an alternative mode of transport – or both.

Click here for the photo report.

© Arlette Sijmonsma | MMJDaily.com

Fortunately, our bus drivers got us home safely to the Netherlands, and we were able to take all the photos of the greenhouse suppliers, growers and other related parties, so take a seat and enjoy our Fruit Logistica photo report!

There will be more updates this week, as well as extensive reports from our international Freshplaza colleagues, focused on the fresh produce industry.

Click here for the photo report.










Continue Reading

Cannabis News

Alaska Government Task Force Recommends Legalizing Psychedelic Therapy Upon FDA Approval

Published

17 hours ago

on

February 9, 2026

By

An Alaska psychedelic task force is recommending that the state move forward with plans to provide regulated access to psychedelics if the federal Food and Drug Administration (FDA) allows medical use of substances such as psilocybin and MDMA.

According to a law approved in 2024, after working for about a year studying the issue, Alaska Legislative Task Force on Psychedelic Drug Regulation released its findings and recommendations on Thursday.

“Alaska has one of the nation’s highest rates of domestic violence survivors and combat veterans suffering from PTSD, and many Alaskans continue to struggle with traditional treatments,” Sen. Forrest Dunbar (D), the task force’s leader, said in a press release.

“Our approach to these new medical therapies must be properly and independently evaluated so that if the legislature were to make policy changes, we will do so with empirical data in a properly controlled environment,” the senator said.

The panel’s report lists a number of findings based on a review of the scientific literature and expert testimony. This includes findings that some psychedelics do indeed have “potential therapeutic uses” and that “there is a particular focus on the use of these therapies for veterans, survivors of assault and interpersonal violence, and others with post-traumatic stress disorder (PTSD).

Members emphasized the importance of delivering psychedelic therapies in partnership with “multiple types of providers” to provide comprehensive treatment, rather than leaving it up to the patient.

Among its recommendations, the task force said, “If psychedelic medical therapies are approved by the FDA, the state should take steps to allow them to be used in Alaska, rather than ban their use.”

Alaska regulators should also identify clinical task forces, “whose role is to regularly review up-to-date studies and the evidence base to make recommendations, and rely on those entities to provide ongoing guidance on the use of these therapies,” he said.

“As much as possible, reserve the use of state statute for broad enabling language and essential components of a regulatory structure, and leave most regulatory decisions to the appropriate boards and agencies,” another recommendation reads. “Regulations still require a robust public process to be approved, but they are more predictable and can be updated or changed more easily than statutory amendments that require legislative action.”

“The appropriate parameters for the use of these therapies are likely to change over time as the evidence base matures and FDA approval may be granted for multiple therapies,” he said.

If the FDA continues to approve any psychedelics for medical use, the panel said the Alaska State Board of Medicine should update its guidelines for prescribing controlled substances to include new therapies.

Additionally, if the FDA approves psychedelic drugs and the Drug Enforcement Administration (DEA) federally reschedules substances such as psilocybin, Alaska “should fully reflect federal programming and Risk Evaluation and Mitigation Strategies (REMS), without adding duplicative or conflicting state regulations, and follow the rules for determining whether a DEA license is required.” the report he says

“This approach respects federal science and facilitates access for patients and providers,” he continues.

Additionally, as lawmakers and regulators await a federal decision to advance psychedelic therapies, states should consider legislation to “incorporate the recommendations made in this report to encourage statewide implementation action.”

“Legislation on triggers would require addressing various process and regulatory issues, such as the role and involvement of professional licensing boards, state agencies, and the Controlled Substances Advisory Committee,” the task force said.

The report also says that psychedelic reform should include military veterans’ access to FDA-approved therapies, which could involve working with the US Department of Veterans Affairs (VA) to identify opportunities to participate in clinical trials and pilot programs using new drugs.

“The grant should be considered to ensure active efforts by the American Medical Association (AMA) and the Centers for Medicare and Medicaid Services (CMS) to develop billing codes that will promote sufficient reimbursement for the provision of psychedelic therapy, which are essential to ensure patient access post-FDA approval,” the panel said.

Rep. Justin Ruffridge (R), who also serves as co-chair of the psychedelic panel, said the task force “focused on preparing Alaska for potential federal approval of psychedelic therapies.”

“These recommendations came from months of collaboration and work by medical professionals, advocates and legislators who focused on patient safety, evidence-based care and access, especially for those who have not seen progress through traditional treatments,” he said.

So far two other states have facilitated fully functioning psychedelic programs. Oregon voters legalized the therapeutic psilocybin in 2020and Colorado’s program was approved at the ballot box in 2022, with the state’s governor signing the legislation a year later to create the regulatory framework for the program

Meanwhile, a campaign in Alaska announced in December that it did not get enough signaturesAn initiative to legalize some psychedelics like psilocybin and DMT on the 2026 state ballot.– but the activists have emphasized that “the work is far from over” as they focus on putting the reform measure before the voters in 2028.

“While we won’t be on the ballot in 2026, we’re still on track for 2028, and with the determination, focus and support of our community, we’ll continue to move forward,” Natural Medicine Alaska said in December. “This movement is gaining momentum every day. In fact, 65 percent of Alaskans support this initiative, and that number continues to grow.”

A pre-campaign policy outline explained that the proposal is “under construction”. The Natural Medicine Health Act of 2022 passed by Colorado votersunder last year facilitators administered the state’s first legal dose of psilocybin.

A 2024 poll found that nearly half (49.4 percent) of Alaskan adults would support a ballot measure more broadly. remove criminal penalties for the use of substances such as psilocybin mushrooms.

That support rose significantly—to nearly two-thirds (65 percent)—when participants were told that Alaska has high rates of mental illness that could be treated with psychedelics.

Photo elements courtesy of the user carlosemmaskype and Apollo.

Marihuana 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.

Continue Reading

Cannabis News

Anti legalization group fails to collect signatures to roll back laws

Published

2 days ago

on

February 8, 2026

By











A Maine campaign seeking to significantly roll back the state’s marijuana law failed to submit signatures this week for the November 2026 ballot, meaning anti-cannabis activists will have to move to 2027 if they hope to get the issue before voters.

Amid criticism from reform advocates, industry players and some lawmakers for allegedly deceptive signature-gathering tactics, Mainers for a Safe and Healthy Future apparently couldn’t make the cut by the Feb. 2 deadline.

“Cannabis orders were not returned yesterday,” Assistant Secretary of State for Communications Jana Spaulding told Cannabis Business Times on Tuesday. In Maine, that doesn’t mean the campaign has to start from scratch, though, because they can still put the proposition on next year’s ballot. A Republican Maine lawmaker and marijuana industry advocates raised the alarm last month that prohibitionist campaigners were using deceptive petitions to get voters to sign the petition.

A video shared by Rep. David Boyer (R) appeared to feature an image and audio recording of a person gathering signatures for the ballot measure, in which he grossly misrepresented what the cannabis proposal would accomplish, saying its main goal was to ensure the product’s safety through improved testing.

Read more at Marijuana Moment










Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media