Thu. Jan 16th, 2025

Marijuana leaves. (Wikimedia Commons)

Smart & Safe Florida, the advocacy group that raised more than $150 million last year attempting to pass a constitutional amendment legalizing recreational cannabis for adults 21 and older, has refiled to run a similar effort for the 2026 ballot in Florida.

The group, largely funded by Trulieve, the state’s biggest medical marijuana company, secured approval to start their campaign for the 2026 ballot on Jan. 14, according to the Florida Division of Elections website.

The 2024 proposal, listed as Amendment 3 on the November ballot, received more than 56% of the vote, short of the 60% threshold required for passage. It was strongly opposed by Gov. Ron DeSantis, who spent considerable time and money — including taxpayer funds — to advocate against the measure last year.

The new initiative includes provisions that were criticized by DeSantis and other critics for not being included as part of the 2024 proposal, including banning smoking in public places and banning the marketing and packing of cannabis in a manner “attractive to children.”

It would not prohibit landowners from growing for personal use cannabis “within or on their property,” otherwise known as “home grow.” That is not now allowed in Florida law, but critics claimed last year that the omission demonstrated that the measure was about “corporate greed.”

It also says that the Legislature could adopt implementing language to the amendment if it were passed by the voters before becoming law. DeSantis and other critics had maintained during last year’s campaign that the Legislature could not make any changes to Amendment 3 if it passed.

Over the past week, DeSantis has been pushing lawmakers to engage in a special legislative session on four specific measures, including reforms to the ballot-initiative process. DeSantis has cited an interim report produced by the Florida Department of State’s Office of Election Crimes & Security release in October alleging that Floridians Protecting Freedom, the Amendment 4 abortion-rights campaign organization, violated petition gathering laws.

The Phoenix reached out to Smart and Safe Florida for comment but did not receive an immediate response.

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