Florida’s marijuana legalization campaign is back for another try in 2026, which means conflict between all the various interests in the Sunshine State will spill into the fold yet again.
One of the effort’s biggest opponents, Gov. Ron DeSantis, doesn’t expect the revamped proposal to survive state Supreme Court review.
“I think it’s going to have big time trouble,” DeSantis said at a budget briefing earlier this month. “Honestly, I don’t think it will even be on the ballot.”
The governor reiterated his long stance that marijuana policy should be handled by state lawmakers, not through constitutional amendments. His comments come even after his past admission that last year’s Amendment 3 would make it past high court scrutiny, when his Attorney General, Ashley Moody, challenged the effort at the time.
“There’s a lot of different perspectives on marijuana,” he said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature.”
Last year’s legalization attempt, which Trulieve backed with $144 million, gathered 56% support but fell short of Florida’s 60% requirement for constitutional changes. DeSantis portrayed it as a corporate power grab.
“I don’t think there’s ever been one company that’s put in this much money for one ballot measure in all of American history,” DeSantis said at an event leading up last year’s vote, according to the Florida News Service. “The only way they can justify that is because this amendment is going to guarantee them a massive profit stream.”
The new proposal attempts to address such criticism. It would ban public smoking, restrict marketing to children, and notably, allow smaller companies to enter without having to go vertical – a costly requirement that has kept Florida’s industry concentrated among large operators.
“This will ensure that the medical marijuana treatment centers that have spent a lot of time and effort to get the licenses and a lot of time and money to operate will hopefully support this,” said Sally Peebles, a cannabis attorney with Vicente LLP. “And also, it will hopefully garner support for those who want to enter the market but might not have millions to do so.”
If passed, it could also open the door for wholesale cannabis sales between licensed operators – though such changes would still require legislative and regulatory framework from state agencies, according to cannabis attorney Paula Savchenko. Currently, wholesale transactions between operators are only permitted in cases of crop failure, creating a highly restricted environment.
Even getting started is proving more challenging versus the earlier days.
“Money is very expensive right now, and you need a lot of it to run these operations,” Peebles said. She noted even established companies are struggling to raise capital.
Appeals are also creating a logjam in Florida’s expansion plans, even though it was expected by industry insiders. However, state health officials have lately missed mandated deadlines to process the challenges, leaving both denied applicants and approved licensees in limbo. By regulation, the Department of Health must refer appeals to administrative court or deny them within 15 days – a timeline that attorneys say isn’t being met.
Some, such as those behind the Florida-based marijuana doctor chain CannaMD, put millions into a cultivation facility and scored highly in mock evaluations, only to be denied a license. Their case is one of 38 appeals tying up the licensing process.
So, companies awarded new licenses are hesitating to launch operations until pending matters such as the appeals are resolved. That uncertainty, coupled with November’s failed legalization attempt, has triggered market adjustments including an uptick in medical card registrations as patients prepare for an extended medical-only market.
The campaign’s return comes alongside major changes in Florida’s cannabis market. Out-of-state brands like STIIIZY and Klutch Cannabis are among 22 newly approved operators with a long road ahead.
“Florida is one of the largest, highest potential cannabis markets in America – and also one of the most saturated,” STIIIZY CEO and co-founder James Kim told GMR in an email. “Obtaining a license in Florida makes sense for STIIIZY as part our ambition to build a national brand, and we’re waiting for the right strategic moment to enter the market.”
The latest recreational dream via this new 2026 campaign has another tough path ahead – gathering signatures, surviving legal challenges and overcoming DeSantis’s opposition in his final year as governor. The vote would take place during a midterm election where conservative voters typically turn out in higher numbers. Still, supporters believe addressing previous criticisms gives them a better shot at reaching the 60% threshold this time around.
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