Florida’s marijuana-legalization campaign returns for another attempt in 2026. Conflict between the diverse interests of the Sunshine State in this regard will resurface.
Governor DeSantis is one of its biggest critics. Ron DeSantis does not expect that the revised proposal will pass state Supreme Court scrutiny.
DeSantis told a briefing on the budget earlier in this month: “I believe it will have big trouble.” “Honestly, it’s not going to be even on the ballot,” DeSantis said at a budget briefing earlier this month.
The Governor reiterated his position that state legislatures should handle marijuana policy, and not constitutional amendments. Even though he previously admitted that Amendment 3 last year would pass high court scrutiny when Ashley Moody, his Attorney General at the time, challenged it, his comments are still surprising.
He said, “There are many different views on marijuana.” “It shouldn’t be in our Constitution.” “If you are strongly against it, then you can elect a new legislature.”
Trulieve, who backed the legalization effort with $144m last year, received 56% of support, but it fell short to Florida’s constitutional change requirement of 60%. DeSantis called it a corporate takeover.
DeSantis told the Florida News Service that he didn’t believe there had ever been a company in American history who invested this amount of money in a ballot measure. The only reason they could justify this is that the amendment would guarantee a huge profit.
New proposal is an attempt to counter 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.
Sally Peebles is a cannabis lawyer with Vicente LLP. She said: “This ensures that medical marijuana treatment centres that spent a great deal of money and time to obtain licenses will support it.” It will also hopefully gain support from those who wish to enter the cannabis market, but may not have the millions of dollars 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. At the moment, only crop failures can trigger wholesale trades between operators, creating an extremely restricted market.
It is more difficult to get started than in the past.
Peebles stated that money is expensive at the moment and it’s necessary to have a large amount of cash in order to operate these businesses. Even established businesses are having trouble raising capital, Peebles said.
Industry insiders predicted this, but it is still a problem. State health officials, however, have missed deadlines for processing the appeals, leaving denied applicants as well as approved licensees in an uncertain state. 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 companies, including the Florida-based CannaMD marijuana doctor network, invested millions of dollars in their cultivation facilities and received high marks on mock assessments, but were denied a licence. The case of CannaMD is just one of the 38 appeals that are stalling the licensing process.
As a result, new companies are delaying their operations while pending appeals and other matters are addressed. Due to the uncertainty and November’s unsuccessful legalization effort, market adjustment has been made, with an increase in medical card registrations. Patients are preparing for an expanded medical-only marketplace.
Florida’s marijuana market has undergone major changes since the return of this campaign. STIIIZY, Klutch Cannabis and other out-of-state companies are just two of the 22 new operators that have been approved.
“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. STIIIZY’s ambition is to create a nationwide brand. We are waiting for the best strategic time to enter this 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. Voting would occur during midterm elections, when conservatives are more likely to turn out. But supporters still believe they have a good chance to reach the 60% threshold by addressing criticisms from previous elections.