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Florida Marijuana Legalization Campaign Sues State Over ‘Nonsensical’ Delay In Ballot Initiative Review

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A Florida campaign working to put a marijuana legalization initiative on the 2026 ballot has filed a lawsuit in the state Supreme Court, alleging that officials are violating election laws by unjustifiably stalling the review process for the measure.

Smart & Safe Florida filed a writ petition in the Supreme Court on Thursday, alleging that the secretary of state has failed to comply with the law’s mandate to “immediately send” enough signatures to the attorney general to initiate a fiscal and legal review.

With 662,543 signatures verified by the Secretary of State so far, that’s more than triple the 220,016 signatures needed to push the review forward. The campaign reached that initial threshold over the summer and notified state officialsbut he says that he has not received an answer.

“It is senseless, and contrary to specific constitutional and statutory orders, that the Secretary (of State) and the Director (of the Division of Elections) indefinitely refuse to issue the Article 15.21 letter and frustrate the constitutional order,” the filing says, referring to the notification that the Secretary of State must send to the attorney general when the signature is received.

Attorneys for the campaign also noted that Smart & Safe Florida is involved in other lawsuits state is taking ‘illegal’ steps to force nearly 200,000 voter signatures to be invalidated has presented Officials say the signatures are invalid because the petitions signed by voters do not include the full text of the initiative.

“Therefore, perhaps Respondents speculate that the Secretary’s Directive may ultimately result in the invalidation of a sufficient number of Petitions to bring the measure below the threshold for issuing Section 15.21,” the Supreme Court said. “It’s a dubious presumption at best that Smart & Safe has collected more than three times the number of valid verified applications required statewide and nearly doubled the number of congressional districts.”

“In any event, speculation about Defendants’ motive is futile here because the law is clear that Smart & Safe has the right, and Defendants have a mandatory statutory duty, to issue a Section 15.21, because the statutory requirements have been met,” it says.

“The Secretary and the Director seem to see that the regional officials are valid and behind the reported requests (and as reflected on the Division’s website). The respondents seem to be refusing Article 15.21, that the fulfillment of the Secretary’s Directive by the county officials can lead to the Request that there is no legal source of the authors.

what the case The goal is to compel the court to “force the Florida Secretary of State to follow Florida law and fulfill his mandatory statutory duty to advance the ballot initiative for Supreme Court review as required by the Florida Constitution,” Smart & Safe Florida said in a statement.

“Florida law clearly states that once a statewide ballot initiative collects more than 25 percent of the signatures, the Secretary of State must begin the Supreme Court review process and forward the language to the state Attorney General,” he said. “For reasons unknown, that has not happened, and we are asking the court to step in and compel the secretary to follow Florida’s long-standing law, as Florida Smart & Safe far exceeded that threshold last summer.”

As for the other issue regarding the state’s effort to cancel the approximately 200,000 signatures already collected, the secretariat initially 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.

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.

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.

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 per 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 Riverseven with 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.

Photo elements courtesy of the user rawpixel and Philip Steffan.

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Data collection as an operational tool in commercial cannabis cultivation

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At the latest edition of Indoor Ag-Con, Jeremy Shechter focused his presentation on how data collection should work as an operational tool in commercial cannabis cultivation.

Jeremy, founder of Open Source Horticulture, opened by challenging a common assumption within the cultivation community. “We’re not as good as we think we are,” he said, pointing to the gap between perceived performance and what can actually be demonstrated. Without data, he argued, operators tend to rely on preconceptions rather than evidence.

Genetics, Jeremy explains, cannot be evaluated in isolation. “Genetics don’t just happen in a vacuum,” he said. In other words, data collection becomes the only reliable way to understand how genetics behaves in different rooms, facilities and operating conditions.

Profit figures alone, he adds, rarely tell the whole story. Teams may be able to articulate a number, but struggle to explain how that result was achieved. “Show me the dashboard,” Jeremy said, describing situations where performance claims fall apart because historical data is not available or cannot be accessed. In those cases, memory fills the void, even though, as he said, “our memory is very bad.”

© Eelkje Pulley | MMJDaily.com

The importance of setting goals
Jeremy envisioned data as a mechanism that allows teams to move toward defined goals. “One of the most important drivers for people is moving toward a goal,” he said, and progress is only seen when it’s measured consistently. Without solid data, goals remain abstract.

A recurring point in the presentation was the need for moderation. To illustrate this, he quoted Leonardo Da Vinci: “Simplicity is the ultimate sophistication,” Jeremy said, describing the tendency to overcomplicate data systems. He argued that not all data is worth collecting, and that excessive measurement often creates noise rather than insight.

Deciding what data matters, Jeremy insists, should not be left to chance. “Data is not created equal,” he said, “teams can easily spend time collecting information that doesn’t impact results. KPI selection should be driven by leadership and tied directly to business performance, then clearly communicated to crop managers.”

Entrepreneurship then becomes the key. “If a data point doesn’t inform a decision, it shouldn’t be treated with the same rigor.” Jeremy used room pressure as an example, explaining that while deviations from a set point can indicate a problem, they don’t necessarily correspond to long-term performance tracking. In other words, trends are more important than isolated readings.

Data collection systems
Jeremy also discussed the structure of effective data collection systems. “It has to be top to bottom,” he said, describing the need to follow every step of the process from cultivation to packaging. “Those systems have to be custom built for each facility.” He again emphasized the importance of keeping it simple and easy. “If you want to keep doing something, keep calm,” Jeremy said. Adding steps to any process increases friction and reduces compliance, whether in cultivation or data entry.

Paper-based workflows were highlighted as a persistent problem. Jeremy described the operations involved in entering data and then transferring it to a computer, a process he noted is inefficient and error-prone. Fully digitized systems, using tablets or mobile devices, were presented as a basic requirement for reliable data access.

Towards the end of the session, Jeremy touched on how data influences decisions beyond crop metrics. He noted that some cultivars can produce high yields but perform poorly after drying, becoming brittle or difficult to handle. Without tracking these results, operators run the risk of optimizing for numbers that don’t translate into finished product performance.

For more information:
Indoor Ag-Con
www.indoor.ag

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Michigan’s Marijuana Tax Experiment Should Be An Urgent Warning To Other States (Op-Ed)

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“Other states should also learn from Michigan’s experience, rather than repeating the same economic mistake when faced with a budget deficit.”

By Hirsh Jain, Verdant Strategies

In an effort to raise short-term revenue, Michigan recently adopted a cannabis tax structure that is already proving economically counterproductive and strategically short-sighted.

For many years, Michigan was one of the most successful legal cannabis markets in the United States. The explanation was simple. Michigan, understandably, adopted one of the lowest cannabis tax rates in the country.

The state imposed a 10 percent excise tax on adult use, shared between state and local governments, plus a standard 6 percent sales tax, for a total effective rate of 16 percent. By comparison, California’s cannabis tax burden was twice as high, approaching 40 percent in some cities.

The contrast was stark because California and Michigan share deep histories of medical cannabis. California was the first state in the nation to legalize medical cannabis in 1996. Michigan subsequently developed one of the strongest grower-based cannabis markets in the country in the 2000s and 2010s. Both states built strong cultural and political foundations around the idea that cannabis is medicine.

When it came to legalizing adult use, however, the two states went in different directions.

Michigan largely believed that cannabis should be treated as a medicine rather than a vice. He adopted a moderate tax structure that kept legal prices competitive. California, in contrast, imposed heavy taxes and regulatory costs that treated cannabis as a luxury or vice product rather than a therapeutic good.

Predictable results followed.

Michigan’s relatively modest taxes drove consumers out of the illegal market and into licensed stores. Legal sales rose quickly, reaching about $3.3 billion annually in a state of just 10 million people.

California’s market has hovered around $4 billion in recent years, despite nearly quadrupling its population. Per capita, Michigan became one of the strongest adult cannabis markets in America, while California became the weakest, driven by tax policies.

In July 2025, industry analytics firm Headset stated: “What’s so surprising about Michigan’s pace of sales is California’s population difference. With a population of 10 million, Michigan is on the verge of usurping America’s largest state, California, with a population of nearly 40 million.”

Cannabis became a major driver of employment in Michigan. According to industry recruiting firm Vangst, 47,000 Michiganders were expected to work in the industry in 2024, representing a staggering nearly 1 percent of the statewide workforce.

Even more striking, Crain’s Detroit Business reported that cannabis accounted for a staggering 52 percent of Michigan’s private sector net job growth from 2018 to 2024. At a time when many of Michigan’s traditional manufacturing industries have struggled and wage growth has stalled for many workers, cannabis has been the state’s most consistent source of job growth.

Then the tax structure changed.

From January 1, 2026. Michigan enacted a new 24 percent wholesale cannabis tax. This effectively doubled the tax burden on operators at a critical point in the supply chain. The effects were immediate.

According to New Cannabis Ventures, Michigan’s legal cannabis market generated just $226 million in sales in January 2026, the lowest monthly figure since late 2022. Sales fell a sharp 16 percent from December 2025, the month before the tax took effect, and were 8 percent lower than in January 2025.

The situation may worsen in the coming months. Many Michigan dispensaries stocked inventory at the end of 2025, before the tax went into effect, and are still selling product that was not subject to the new wholesale tax.

And even that temporary solution came with compromises. Retail analytics firm Happy Cabbage noted that high-demand items were often in limited supply by the end of 2025, while low-demand items were readily available. As a result, purchasing decisions increasingly reflected what suppliers had available, rather than what customers would buy.

The full impact of the tax increase will become clearer in the coming months as more inventory from the new taxes hits store shelves and higher costs are passed on to consumers.

But already the influence of the industry has been sobering. In January alone, several large operators in Michigan announced crop closures, retail consolidation and layoffs, citing falling margins after the tax hike.

Higher Love Cannabis announced the layoffs of 61 of its 213 employees, explaining that the cuts were necessary to deal with the new tax. C3 Industries said it would close its Webberville cultivation facility and lay off 62 workers, noting that it had warned lawmakers of this outcome if the wholesale tax were enacted. PinCanna put its operations up for sale, citing the new wholesale tax as the reason. The owner of The Greenhouse announced that 30 percent of Michigan dispensaries could close in the next year due to tax increases.

This tax increase is quickly destabilizing perhaps Michigan’s most dynamic job-creating industry in recent history. An unmistakable reminder that cannabis does not operate in a closed legal market. It competes directly with a resilient illegal market with no excise taxes, no compliance costs and no regulatory burden.

This illegal market has operated for decades and can quickly absorb consumers if the price difference is too great. It is an intellectual fantasy to think that when policymakers raise taxes on cannabis, they are adjusting their revenue projections. In reality, market share and financial resources are being shifted to an unscrupulous and often violent illegal market.

Michigan’s early success showed that moderate taxation can expand the legal market and grow revenue organically. His latest shift suggests that aggressive taxation could quickly reverse that progress.

It is critical that other states take notice of what is happening in Michigan right now. In recent months, states such as Maine, Maryland and Minnesota have also increased tax rates on cannabis, hoping to cover several unrelated revenue gaps. But whether policy makers in these states appreciate it yet, these decisions will reduce legal sales and strengthen illegal operators.

In fact, California learned this lesson in the third quarter of 2025 when it raised its already high cannabis tax from 15 percent to 19 percent. Legal sales fell 5 percent from the previous quarter, falling to the lowest quarterly level in more than five years and prompting the state to quickly overturn and reset the tax rate to 15 percent. Michigan ignored this clear economic lesson.

Beyond its economic consequences, overtaxing cannabis runs counter to the spirit and logic of federal reprogramming. If cannabis is formally recognized at the federal level for medical use under Schedule III, states with a long history of medical cannabis should pause and reconsider whether their tax policies adequately reflect and respect their heritage.

Michigan and California pioneered the legalization of cannabis as medicine, creating the conditions for the dramatic shift in national attitudes reflected in the current rescheduling push. Taxing cannabis at rates that exceed those applied to alcohol and tobacco, products that kill hundreds of thousands of Americans each year, betrays this pioneering medical legacy.

If the lessons of reorganization are taken seriously, both Michigan and California should reexamine their punitive tax structures in light of their history.

And states like Pennsylvania and Virginia, which could vote to create new adult-use markets in 2026, also have a clear chance. They can achieve illusory short-term fiscal gains through higher taxes and risk repeating Michigan’s recent mistakes. Or they can design tax structures that support stable businesses, protect jobs, and align policy with the growing acceptance of cannabis.

Michigan’s tax experiment is unfolding, but early signs are troubling. The state still has time to change course, as California did, albeit modestly.

For the sake of the public, tens of thousands of cannabis workers, and the legal market it built, Michigan lawmakers should roll back this tax increase.

Other states should also learn from Michigan’s experience, rather than repeating the same economic mistake in the face of a budget deficit.

Hirsh Jain is the Director of Market Intelligence Green strategiesfinancial services and solutions company providing tax planning and accounting services to many of the nation’s leading cannabis brands and retailers. He is also the principal of Ananda Strategy, a consulting firm based in Los Angeles.

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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Liquor shops may start selling low-THC drinks

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New York State lawmakers have introduced a bill that would allow liquor stores to sell low-THC cannabis drinks, amid growing interest in cannabis drinks.

Democrat Senator Jeremy Cooney and Assemblyman John Zaccaro have recently introduced additional legislation in the Senate and Assembly to allow licensed liquor and wine stores to sell low-potency cannabis beverages.

The bill would allow retail sales of beverages containing 5 milligrams of THC, produced by New York adult-use cannabis licensees, and direct related tax revenue to the state’s cannabis revenue fund.

The measure would open a new way for liquor stores to sell low-dose cannabis drinks, imposing new taxes and determining how the revenue would be used, and would expand New York’s adult-use market.

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