Photo: Anton Petrus / Moment / Getty Images
FLORIDA - Florida’s Supreme Court is considering whether a proposed constitutional amendment to legalize recreational marijuana should appear on the 2026 ballot after state officials and business groups raised legal objections.
Florida Attorney General James Uthmeier has formally asked the court to block the proposed amendment, arguing that its ballot language could mislead voters and does not meet constitutional requirements.
The proposal, backed by the political committee Smart and Safe Florida, would allow adults 21 and older to possess and use marijuana for recreational purposes if approved by voters.
In filings submitted to the court, Uthmeier and several business and advocacy organizations argued that the ballot summary does not accurately reflect the full scope of the amendment.
One key issue centers on how the proposal describes limits on smoking or vaping marijuana.
The summary states that use would be prohibited in public, while critics argue the amendment text refers more narrowly to public places, a distinction they say could affect how voters understand where marijuana use would be allowed.
Opponents also contend the amendment violates Florida’s single subject rule for ballot initiatives and conflicts with federal law, since marijuana remains illegal at the federal level.
Supporters of the measure dispute those claims, noting that the Florida Supreme Court approved similar language for a recreational marijuana amendment in 2024.
That earlier amendment received a majority of votes statewide but failed to reach the 60 percent threshold required to amend the state constitution.
Supporters are now attempting a second effort for 2026.
In addition to surviving court review, the proposal must also meet the state’s signature requirements by early February to qualify for the ballot.