UPDATE: Florida’s Secretary of State, Cord Byrd, has just declared a proposed ballot measure to legalize marijuana for the 2026 election as dead, citing insufficient petition signatures. However, advocates from the Smart & Safe Florida organization are fighting back, insisting the announcement is premature and that they have more than enough verified signatures to qualify.
Byrd, an appointee of legalization opponent Governor Ron DeSantis, revealed the news in a memo sent at 6:41 p.m. on Sunday, just over an hour after the deadline for petition submissions passed. He stated that all 22 proposed constitutional amendments, including the marijuana initiative, failed to meet state requirements.
Advocates, however, claim they submitted over 1.4 million signatures, exceeding the 880,062 valid signatures required to secure a spot on the November ballot. Glenn Burhans Jr., general counsel for Smart & Safe Florida, stated, “Once they are all counted, we will have more than enough to make the ballot.”
“The declaration by the Secretary of State is premature, as the final and complete county-by-county totals for validated petitions are not yet reported,” Burhans emphasized via text. Under Florida law, all signatures validated by 5 p.m. on February 1 must be counted, leaving room for potential changes in the outcome.
The controversy surrounding the ballot measure marks the latest clash over the initiative process in Florida, further complicated by new restrictions imposed by DeSantis and his allies. In 2024, a similar measure failed despite 56% voter approval, falling short of the required 60%. DeSantis and Attorney General James Uthmeier previously spent over $30 million in state resources to combat marijuana legalization efforts, including a significant donation to a charity linked to First Lady Casey DeSantis that supported opposing political committees.
Uthmeier reacted to Byrd’s announcement on social media with a mocking “You Hate to See it!” overlaying a classic cartoon logo, further indicating the administration’s stance against legalization.
The Florida Department of State currently reports 783,592 valid petitions, a number that reflects Byrd’s dismissal of around 70,000 signatures. The Smart & Safe Florida organization faces heightened challenges and costs due to new laws that impose stricter petition-gathering rules and tighter deadlines. They assert that Byrd’s office has deliberately slowed down the verification process, complicating efforts to gather valid endorsements.
Election supervisors statewide have reported confusion among voters due to Byrd’s recent directives, which included a requirement for them to verify signatures and notify signers “on the same day” — a stipulation not found in state law.
In response to Byrd’s actions, the group has challenged the state’s new petition rules in court but has seen limited success. They contend that if not for the rejection of nearly 300,000 signatures due to technicalities, they would have easily met the threshold. A significant portion was invalidated for lacking the full amendment text — a decision the group opted not to contest due to time constraints.
Florida Democratic Party Chair Nikki Fried condemned the state’s actions, stating, “The DeSantis administration is deliberately trying to silence voters.” She accused the governor of using state resources to manipulate the electoral process, pointing to the administration’s efforts to redraw maps favorably for Republicans amid ongoing voter disenfranchisement concerns.
As this situation unfolds, the implications for Florida’s marijuana legalization efforts remain critical. Advocates are determined to ensure every validated signature counts, while state officials continue to navigate the politically charged landscape surrounding this contentious issue.
Stay tuned for updates as the situation develops and the final counts are reported in the coming days.
