New Florida Marijuana Initiative Faces ‘Big Time Trouble’ In Supreme Court, DeSantis Says, Predicting It’ll Be Blocked From 2026 Ballot

Florida Gov. Ron DeSantis (R) says the latest version of a marijuana legalization ballot initiative is in “big time trouble” with the state Supreme Court, predicting it will be blocked from going before voters next year. Meanwhile, he dodged a question about whether he would support simple legislation to decriminalize cannabis possession.

“There’s a lot of different perspectives on on marijuana,” DeSantis said at a budget-related briefing on Monday. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back candidates that you believe will be able to deliver what your vision is on that.”

“But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. I think it’s going to have big time trouble getting through the Florida Supreme Court,” he said.

“Honestly, as written, I don’t think it will even be on the ballot,” he said of the new proposal from the Smart & Safe Florida campaign, which was slightly revised from the 2024 version that received a majority of support but not enough to be enacted under state law.

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

DeSantis emphasized on Monday that he doesn’t feel that cannabis reform—or other more nuanced policy issues—should be enshrined in the Constitution, joking about the idea of going to former President James Madison in 1792 and proposing an amendment to the Bill of Rights to related to “pregnant pig care,” alluding to a 2002 Florida ballot initiative that voters passed.

Watch DeSantis address the cannabis legalization ballot proposal, starting around 28:11 into the video below:

“It would have been absurd that an issue like that would have been considered a constitutional [issue],” he said at the briefing, first reported by Florida Politics. “These are policy issues. Have the policy debate on it. And I can tell you, there’s a lot of folks that may be a little bit more liberal on marijuana generally, but I think are rightfully skeptical of these big weed conglomerates, and understanding what they’re looking to do to be able to maximize their profits.”

The governor is reviving his long-standing complaint that a major cannabis company, Trulieve, provided the bulk of funding for the marijuana legalization initiative last year. He also claimed that the industry would likely lobby any attempt by the legislature to add a home grow option for adults for profit-minded reasons.

At the end the briefing as DeSantis was leaving, a reporter asked for his opinion on simply decriminalizing cannabis, but he declined to respond.

Meanwhile, as noted, the Smart & Safe Florida campaign made certain changes to the 2026 version, which seem responsive to criticism opponents raised during the 2024 push.

For example, it now specifically states that the “smoking and vaping of marijuana in any public place is prohibited.”Another section asserts that the legislature would need to approve rules dealing with the “regulation of the time, place, and manner of the public consumption of marijuana.”

There’s also new clarifying language prohibiting the sale of marijuana products that are marketed in a way that might be appealing to children.

This latest iteration further explicitly states that nothing in the measure would “prohibit the legislature from providing for the home growing of marijuana by adults for their personal use and the reasonable regulation thereof.” That clarification may assuage concerns from certain advocates who criticized the lack of a home grow option in the original proposal.

The initiative would also make it so medical marijuana operators that have been licensed as of January 1, 2025 would be able to start providing for adult-use sales starting on the effective date.

It’s unclear whether the changes might affect the outcome if it ultimately qualifies for the 2026 ballot—which would be a midterm election where conservative voters will likely be more represented—but the campaign evidently feels confident it can prevail.

— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. —

That said, even with President Donald Trump’s endorsement of the legalization initiative on the campaign trail, the 2024 measure failed 56 percent to 44 percent. And it’s clear that DeSantis, one of the loudest and most influential voices who opposed the last initiative, isn’t planning on shifting his position this round.

A Florida GOP senator claimed recently that the legalization campaign “tricked” Trump into supporting the measure by misleading him and the general public about key provisions.

Ahead of the election, Trump said in September that he felt Amendment 3 was “going to be very good” for the state.

Before making the comments, Trump met with the CEO of Trulieve, Kim Rivers, as well as with a GOP state senator who is in favor of the reform.

While Trump endorsed the Florida cannabis initiative—as well as federal rescheduling and industry banking access—he has since been silent on cannabis issues. And his cabinet choices have mixed records on marijuana policy.

The Congressional Research Service (CRS) said in a recent report that it “remains to be seen” how Trump will navigate marijuana policy in his second term, and it’s “unknown” whether the Drug Enforcement Administration (DEA) will finalize a proposed rule to reschedule cannabis.

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