UPDATE: Florida’s Secretary of State has declared a proposed 2026 ballot measure to legalize marijuana as dead, igniting a fierce dispute among supporters and state officials. Just moments after the petition deadline passed on January 1, 2026, Secretary of State Cord Byrd announced the initiative failed to gather enough valid signatures, claiming only 783,592 were verified—far below the required 880,062 for ballot access.
However, supporters from the Smart & Safe Florida organization are pushing back, stating their submission of over 1.4 million signatures exceeds the necessary threshold by nearly 60 percent. “We will have more than enough to make the ballot,” asserted Glenn Burhans Jr., general counsel for the group, highlighting the premature nature of Byrd’s announcement.
The conflict escalated when Byrd, an appointee of legalization opponent Governor Ron DeSantis, issued a memo shortly after the deadline, listing all proposed constitutional amendments as disqualified. Burhans emphasized that the final county-by-county totals for verified signatures have yet to be reported, with state law stipulating that all signatures validated by 5 p.m. on February 1 must be counted.
This controversy marks the latest chapter in a heated battle over marijuana legalization in Florida, which has seen significant pushback from DeSantis and his administration. The governor’s allies have tightened petition rules, aiming to thwart the initiative’s chances after a previous attempt failed in 2024 despite garnering 56 percent voter support—just shy of the required 60 percent for constitutional amendments.
Critics argue that the state’s latest measures, including the rejection of nearly 300,000 signatures based on technicalities, undermine the democratic process. Burhans noted that 200,000 signatures were dismissed for not including the full text of the amendment, while another 42,000 signatures from “inactive” voters faced invalidation.
As tensions rise, the Florida Democratic Party has condemned the actions of the DeSantis administration, accusing it of deliberately attempting to silence voter voices. Chair Nikki Fried stated, “We’ve seen this governor create his own police force to intimidate voters and steal millions from families to control election outcomes.”
The outcome of this dispute could significantly impact the future of marijuana legalization efforts in Florida, as the state’s political landscape grows increasingly contentious. With the deadline for signature validation approaching, all eyes are now on how the state will handle the counting process and whether Smart & Safe Florida will successfully challenge Byrd’s recent declarations.
Stay tuned for further developments on this evolving story as both sides prepare for a potential legal showdown.
