Florida’s push to legalize recreational marijuana has hit another roadblock. Smart & Safe Florida, the political committee behind the 2026 ballot initiative, filed a lawsuit in the state Supreme Court on October 30, 2025, accusing state officials of deliberately stalling their petition.

The group argues that Secretary of State Cord Byrd and Division of Elections Director Maria Matthews are refusing to perform a legally mandated duty—acknowledging that the campaign has collected enough verified signatures to advance.

This isn’t Smart & Safe’s first rodeo. The group successfully placed a similar measure on the 2024 ballot, where it earned 56% voter approval but fell short of Florida’s 60% threshold needed to amend the state constitution. Now, as they gear up for another attempt, they’re facing what they describe as “nonsensical” obstruction from the DeSantis administration.

The legal battle raises serious questions about the citizen initiative process in Florida. If a group collects hundreds of thousands of verified signatures—far exceeding the legal requirement—shouldn’t they get the green light to proceed? Smart & Safe thinks so, and they’re asking the state’s highest court to intervene.

What Smart & Safe Florida Is Alleging

The lawsuit centers on a seemingly simple administrative step that has become a major sticking point. Under Florida law, once a citizen initiative gathers signatures equal to 25% of the total needed statewide, the Secretary of State must issue a letter to the Attorney General confirming this milestone. This letter, referred to as the “Section 15.21 Letter,” triggers a fiscal and legal review process that eventually leads to the Florida Supreme Court evaluating the ballot language.

Smart & Safe Florida surpassed this threshold back in June, when they reported 377,832 verified signatures—well above the 220,016 required to trigger the letter. By August, they had formally requested that Byrd and Matthews issue the required acknowledgment. The response? Silence.

As of the lawsuit’s filing date, Smart & Safe had collected over 660,000 verified signatures, nearly three times the initial threshold. Yet state officials still hadn’t issued the letter.

In their petition for a writ of mandamus—a legal mechanism that compels government officials to perform mandatory duties—Smart & Safe argued that this delay is both unlawful and illogical.

“It is nonsensical, and contrary to the express constitutional and statutory mandates, to allow the Secretary and Director to indefinitely refuse to issue the Section 15.21 Letter and frustrate the constitutional order,” the lawsuit states.

The campaign’s attorney, Glenn Burhans, Jr., emphasized that this isn’t just about procedural red tape. By refusing to issue the letter, state officials are preventing the petition from moving forward to the Attorney General and, ultimately, the Florida Supreme Court for review.

Given that the court must sign off on the amendment by April 1, 2026, every day of delay increases the risk that the initiative won’t make it onto the ballot in time.

The State’s Alleged Obstruction Tactics

Smart & Safe Florida’s lawsuit doesn’t just focus on the missing letter. It also highlights what the group sees as a pattern of interference.

On October 3, 2025, the Division of Elections issued a directive ordering county supervisors of elections to invalidate up to 200,000 signatures that had already been verified.

The reason? State officials claimed that Smart & Safe’s petition circulators failed to provide the full text of the amendment to voters who were contacted by mail—a requirement they say is mandated by law.

Smart & Safe disputes this interpretation. They argue that the directive is legally baseless and appears designed to push their signature count below the required threshold. The petition filing suggests that state officials may be “slow-walking” the process, hoping that invalidating enough signatures will eliminate the need to issue the Section 15.21 Letter altogether.

This isn’t the first time the DeSantis administration has thrown up barriers. In March 2025, Secretary Byrd’s office sent a cease-and-desist letter to Smart & Safe, warning them about the state’s interpretation of rules around including full amendment text on petitions.

Smart & Safe also filed a separate lawsuit in Circuit Court on October 14, 2025, challenging the validity of the directive to invalidate signatures.

That case is ongoing, but the group isn’t waiting for a resolution. By filing directly with the Florida Supreme Court, they’re asking the state’s highest judicial authority to step in and force the Secretary of State’s hand.

Political Context and Opposition

It’s no secret that Governor Ron DeSantis and his allies are staunchly opposed to legalizing recreational marijuana. During the 2024 election cycle, DeSantis led a multi-million-dollar campaign against Amendment 3, the previous version of Smart & Safe’s initiative. Despite his efforts, the measure still earned majority support from Florida voters—just not enough to clear the 60% bar.

The political stakes are high. Secretary of State Cord Byrd is a DeSantis appointee, and Attorney General James Uthmeier, who would be responsible for requesting Supreme Court review of the initiative, previously served as DeSantis’ chief of staff.

Uthmeier has also come under fire for his role in a political committee that received millions of dollars to defeat the 2024 marijuana amendment—funds that originated from a Medicaid settlement directed to a charity run by Florida’s first lady, Casey DeSantis.

This web of connections has fueled suspicions that the administration is using every tool at its disposal to prevent Smart & Safe from reaching the ballot.

New Laws Make It Harder to Get on the Ballot

The challenges facing Smart & Safe Florida aren’t happening in a vacuum. In May 2025, Governor DeSantis signed HB 1205, a law that introduced a host of new restrictions on citizen-driven ballot initiatives. Among other things, the law imposes stricter deadlines, adds new penalties for petition groups, and prohibits nonresidents and noncitizens from volunteering to collect signatures.

Critics argue that these changes are designed to make it prohibitively expensive and difficult for grassroots campaigns to succeed.

Smart & Safe Florida, along with a Medicaid expansion group, has challenged HB 1205 in court. They argue that the law undermines Floridians’ constitutional right to propose amendments through the citizen initiative process—a right that has been a cornerstone of the state’s democratic system for decades.

What Happens Next?

Smart & Safe Florida needs to gather a total of 880,062 verified signatures by February 1, 2026, to officially qualify for the ballot. They’re already well on their way, but the clock is ticking. The Florida Supreme Court must review and approve the initiative’s ballot language by April 1, 2026—a deadline that becomes harder to meet with each passing day of administrative delay.

The lawsuit seeks a writ of mandamus compelling Secretary Byrd and Director Matthews to issue the Section 15.21 Letter immediately. If the court grants this request, it would force state officials to advance the petition to the next stage of the process, regardless of any ongoing disputes over signature validity.

Whether the court will intervene remains to be seen. What’s clear is that Smart & Safe Florida isn’t backing down. After coming so close in 2024, they’re determined to give Floridians another chance to vote on recreational marijuana legalization—and they’re willing to fight through the courts to make it happen.

Why This Matters

At its core, this lawsuit is about more than marijuana. It’s about whether Florida’s citizen initiative process will remain a viable tool for everyday people to propose changes to the state constitution. If elected officials can indefinitely delay or obstruct initiatives they don’t like—even when those initiatives have overwhelming support—then the entire system loses its meaning.

Smart & Safe Florida has gathered more than 660,000 verified signatures, far exceeding the legal requirement. They’ve followed the rules, met the deadlines, and demonstrated substantial public interest in their cause. If that’s not enough to trigger a mandatory administrative step, then what is?

The outcome of this case could set a precedent that affects not just marijuana legalization but any future citizen-led effort to amend Florida’s constitution. For now, all eyes are on the Florida Supreme Court as it decides whether to step in and ensure that the constitutional order is upheld.

Follow and Like:

Instagram: @ruderequipment

LinkedIn: Ruder Equipment

Sources: