Marijuana

The Florida Supreme Court will make a decision on whether the proposed recreational constitutional amendment meets legal tests to go on the November ballot.

In the latest battle over marijuana legalization, Smart & Safe Florida alleges in a lawsuit that Secretary of State Cord Byrd improperly directed county election supervisors to invalidate about 71,000 petitions.

The bill that ended the shutdown includes a provision to ban THC drinks and snacks derived from hemp. The $24 billion industry is now scrambling to save itself before the measure takes effect a year from now.

Lawyers for the Smart & Safe Florida committee said they were waiving the right to appeal Leon County Judge John Cooper's ruling “to provide finality to this matter and certainty to the result.”

Despite the rise in use, seeking treatment for cannabis use disorder has become less common. Experts say this is partly due to the misconception that marijuana is safe and nonaddictive.

Elections officials sent the proposed constitutional amendment to the attorney general and advised Smart & Safe Florida that the measure was headed to the Florida Supreme Court for review.

The proposal adds marijuana to a series of outdoor public places where smoking tobacco is already banned.

The Smart & Safe Florida campaign says state elections officials are trying to improperly block the measure from getting on the ballot in 2026.

“The smell of marijuana is probably the most common tool that law enforcement uses to search,” said Richard Hornsby, a criminal defense lawyer in Orlando.

Citing the U.S. Constitution’s Fourth Amendment protections against unreasonable searches and seizures, the appeals court backed away from what it described as a “plain smell doctrine” related to cannabis.

Reclassifying marijuana would not make it legal nationwide, but could change how it's regulated and taxed. The proposal faces opposition from some conservatives and law enforcement groups.

Acquiring a medical marijuana license, setting up facilities and securing dispensary locations costs tens of millions of dollars. Meanwhile, hemp retailers can set up shop faster, easier and cheaper.