Florida Ballot Initiatives Fail: Medicaid Expansion & Marijuana Efforts Face Hurdles

TALLAHASSEE, Fla. – Florida voters will not see recreational marijuana on the ballot this November after the state announced that all 22 proposed constitutional amendments, including one legalizing cannabis for adult use, failed to meet legal requirements for placement on the 2026 general election ballot. The announcement came Sunday from the Florida Department of State.

Smart & Safe Florida, the group spearheading the effort to legalize recreational marijuana, immediately disputed the decision, calling Secretary of State Cord Byrd’s action “premature.” The group claims to have submitted over 1.4 million signatures, exceeding the 880,062 required to qualify for the ballot. However, the Division of Elections website reported only 783,592 validated signatures as of Monday.

The failed attempts come as new petition rules took effect last year, creating additional hurdles for ballot initiatives. These changes, enacted through House Bill 1205, signed into law by Gov. Ron DeSantis on May 2, 2025, imposed increased costs, bureaucratic obstacles, and a slower verification process, according to Florida Decides Healthcare, another group whose proposed amendment failed to qualify.

Attorney General James Uthmeier indicated Monday that the state’s investigation into potential election fraud related to the petition process would continue despite the ballot qualification failure. He referenced “numerous cases of fraudulent petitions” connected to the Smart & Safe Florida campaign, and described a “major escalation” in the investigation last month.

The new restrictions were a response to contentious and expensive battles over proposed constitutional amendments in 2024 concerning abortion rights and recreational marijuana, both of which ultimately fell short of the 60 percent approval threshold needed to pass.

House Minority Leader Rep. Fentrice Driskell, D-Tampa, predicted this outcome when the new law was passed nearly a year ago. She stated Monday that the failure of all proposals was “inevitable,” and that the law was designed to make it “all but impossible to gather enough signatures to get on the ballot.” Driskell characterized the situation as “anti-democratic” and a denial of the people of Florida’s right to have their say.

Florida voters previously signaled support for marijuana legalization in 2022, with over 50 percent voting in favor of a proposed amendment. However, it did not reach the 60 percent threshold required for passage.

While the recreational marijuana initiative failed to qualify, legislative efforts that could be placed on the November ballot, such as Gov. DeSantis’ push for tax relief for homesteaded property owners, are unaffected by the Department of State’s announcement.

Florida Decides Healthcare, which sought to expand Medicaid coverage through a constitutional amendment, is already shifting its focus to the 2028 election cycle. The group reported submitting 90,250 signatures, of which 75,855 had been validated as of Monday. They also cited the “unprecedented and punitive barriers” created by the 2025 law as a significant obstacle.

A full list of the proposed constitutional amendments can be found here.