Florida Gov. Ron DeSantis says the Supreme Court of Florida is “in big trouble” over the new version for a ballot measure legalizing marijuana. DeSantis predicts that it will not be approved to appear before voters. He dodged the question of whether he supports simple legislation that would decriminalize marijuana possession.
DeSantis, at a Monday budget briefing, said that there are many perspectives about marijuana. It should not be part of our Constitution. Elections for the legislative body are available if it is something you strongly feel about. You can go back and talk to candidates who you feel will deliver on your vision.
“But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. He said, “I think the Florida Supreme Court will have a lot of trouble with this.”
“Honestly, as written, I don’t think it will even be on the ballot,” he said of the new proposal from the Smart & Safe Florida campaign, which was slightly revised from the 2024 version that received a majority of support but not enough to be enacted under state law.
The governor correctly predicted last year that 2024 marijuana measure would be able to survive legal challenges from the attorney general of the state. He doesn’t explain why this version of the campaign would have a different result.
DeSantis emphasized on Monday that he doesn’t feel that cannabis reform—or other more nuanced policy issues—should be enshrined in the Constitution, joking about the idea of going to former President James Madison in 1792 and proposing an amendment to the Bill of Rights to related to “pregnant pig care,” alluding to a 2002 Florida ballot initiative that voters passed.
Start watching DeSantis at 28:11 in the video to hear him speak about the marijuana legalization ballot measure.
It would be absurd to have a question like that considered as a constitutional issue [issue]Florida Politics was the first to report on his remarks at this briefing. These are issues of policy. It’s time to have the debate. It’s important to have a policy debate on it.
Governor Reese is revisiting his complaint from years ago that Trulieve – a cannabis giant – provided most of the funding last year for marijuana legalization. The governor also said that industry will likely lobby for any legislation to include a home-grow option for adults, for financial reasons.
DeSantis declined to give his response when a reporter asked him about the decriminalization of cannabis at the conclusion of the briefing.
Meanwhile, as noted, the Smart & Safe Florida campaign made certain changes to the 2026 version, which seem responsive to criticism opponents raised during the 2024 push.
The law now states specifically that smoking and vaping marijuana is not allowed in public areas.Another section states that rules regulating the manner, time and place of public consumption of cannabis would have to be approved by the legislator.
New language has been added to the law that prohibits marijuana sales that may be marketed as appealing to kids.
In the latest revision, it is stated explicitly that the legislation can “provide for the home cultivation of marijuana by adult users for their own personal use as well as reasonable regulation.” The clarification might assuage the concerns of certain activists who criticised the original proposal for not including a home growing option.
This initiative will also allow medical marijuana providers who have been granted a license as of Jan. 1, 2025 to begin selling adult-use cannabis on that date.
It’s unclear whether the changes might affect the outcome if it ultimately qualifies for the 2026 ballot—which would be a midterm election where conservative voters will likely be more represented—but the campaign evidently feels confident it can prevail.
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Even though President Donald Trump had endorsed legalization in the past, the measure 2024 failed with a 56-to-44% margin. DeSantis’ position is not likely to change this time around, despite being one of those who spoke out most against the initiative.
Recently, a Florida GOP senator said that the legalization campaigns “tricked Trump” into supporting the bill by misinforming him and the public about its key provisions.
Ahead of the election, Trump said in September that he felt Amendment 3 was “going to be very good” for the state.
Before making the comments, Trump met with the CEO of Trulieve, Kim Rivers, as well as with a GOP state senator who is in favor of the reform.
While Trump endorsed the Florida cannabis initiative—as well as federal rescheduling and industry banking access—he has since been silent on cannabis issues. His cabinet members have mixed records when it comes to marijuana policy.
The Congressional Research Service (CRS) said in a recent report that it “remains to be seen” how Trump will navigate marijuana policy in his second term, and it’s “unknown” whether the Drug Enforcement Administration (DEA) will finalize a proposed rule to reschedule cannabis.
Major Marijuana Company donates $250,000 to Trump’s Inauguration as Industry works to earn President’s favor for reform
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