Florida adult-use marijuana legalization stinks, state attorney general tells Supreme Court

OG article by MJBizDaily Staff

January 8, 2026

Florida Attorney General James Uthmeier has filed a challenge with the state Supreme Court against the Smart & Safe Florida campaign's proposed adult-use marijuana legalization amendment, alleging it is misleading and unconstitutional. Uthmeier, a former chief of staff to Gov. Ron DeSantis, claims the amendment's prohibition on public cannabis use fails to prevent the smell of marijuana, potentially deceiving voters, including parents, about protections in public spaces like hotels and restaurants. The campaign, primarily funded by Trulieve Cannabis Corp. with at least $25 million, seeks to place the measure on the 2026 ballot after a similar 2024 effort, backed by President Donald Trump and endorsed by him, failed despite 5.9 million votes in favor and over $150 million in spending. Florida's medical cannabis market exceeds $1.8 billion in sales, positioning it as a major potential adult-use market. Smart & Safe has collected over 675,000 valid signatures toward the required 880,062 by February 1, amid ongoing disputes over invalidated signatures. The campaign's court response is due January 12, with a 60% voter approval needed for passage. Trulieve CEO Kim Rivers secured Trump's December 18 executive order to reschedule cannabis to Schedule 3.