DeSantis Signs New Petition Law That Could Block Marijuana Ballot Campaign—Lawsuit Challenges Constitutionality

Florida Governor Ron DeSantis has signed a new law that imposes sweeping restrictions on the ballot initiative process, a move that could have direct implications for the state's ongoing efforts to legalize adult-use marijuana and expand Medicaid.

The law, signed Friday, requires organizers of citizen-led ballot measures to post a $1 million bond before collecting signatures, prohibits out-of-state and noncitizen petitioners and shortens the timeframe for submitting petitions to elections officials. It also bars individuals with felony convictions from participating unless their voting rights are restored and mandates that petition signers provide personal identification details, such as a driver’s license or the last four digits of their Social Security number.

As reported by Marijuana Moment, the bill's sponsor, Rep. Jenna Persons-Mulicka (R), said the initiative process has been "taken over by out-of-state fraudsters looking to make a quick buck and by special interests intent on buying their way into our Constitution." Governor DeSantis echoed that sentiment on social media, saying the bill would "combat petition fraud and prevent the special interest-abuse of our constitutional amendment process."

Critics argue the legislation will make it prohibitively difficult for grassroots efforts to qualify initiatives for the ballot. State Sen. Carlos Smith (D) told the Associated Press the measure was "intentionally designed to make it impossible for any statewide citizen initiative to make it to the ballot ever again," calling it "the final kill shot against direct democracy."

Among the most immediately impacted is Smart & Safe Florida, the campaign seeking to place a revised adult-use marijuana legalization measure on the 2026 ballot. The group has already been fined over $120,000 by the state for allegedly submitting petitions beyond the required 30-day window and was recently issued a cease-and-desist letter. The case has been referred to the Florida Department of Law Enforcement for a potential criminal investigation.

Smart & Safe Florida has not publicly commented on how the new law may affect its campaign but previously stated that legal counsel vetted its documents and procedures. "The claims made appear to be a targeted effort to thwart the ability for the people of Florida to express their support of a citizen-driven amendment," the campaign said in a statement to Marijuana Moment. "We stand by the process and…look forward to challenging the validity of these claims."

In 2024, Smart & Safe Florida raised more than $150 million to support its effort, largely from leading cannabis operators. Donors include:

• Trulieve Cannabis Corp. TCNNF, the largest donor, by far.
• Verano Holdings Corp. VRNOF.
• Curaleaf Holdings, Inc. CURLF.
• Green Thumb Industries Inc. GTBIF.
• AYR Wellness Inc. AYRWF.
• Cresco Labs Inc. CRLBF.

The campaign's 2024 initiative fell short of the 60% supermajority required to pass a constitutional amendment in Florida, but organizers are preparing for another run in 2026.

Federal Lawsuit Challenges Constitutionality Of New Law

Following the news, a federal lawsuit was filed to challenge the new restrictions. As reported by The Associated Press, Florida Decides Healthcare, a campaign supporting Medicaid expansion, brought the case along with the Southern Poverty Law Center and the Elias Law Group.

"This bill is not about improving the ballot initiative process. It attacks the fundamental freedom of Floridians to participate in their own democracy," said FDH executive director Mitch Emerson. He noted that new legal risks and logistical hurdles have already caused some volunteers to withdraw, adding that the new compliance burden could raise campaign costs by millions.

Under the law, anyone collecting more than 25 signed petitions beyond their own or immediate family members must register with the state or face felony charges. Campaigns will also face higher fines for submitting petitions late or to the wrong county.

Florida has a history of using ballot initiatives to enact major reforms, including the legalization of medical marijuana, the restoration of voting rights for people with felony convictions and a minimum wage increase. But in recent years, Republican lawmakers have sought to tighten the rules around constitutional amendments.

Former state Sen. Jeff Brandes, a Republican and leader of the nonprofit Florida Policy Project, wrote that it should be "difficult to change the constitution, but not impossible." He added, "Unless you're the Florida Legislature… then you just keep moving the goalpost until only you can score."

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