A federal judge ruled Florida’s petition law barring non-resident circulators unconstitutional, marking a key win for marijuana legalization advocates.
In a state where voter-led constitutional amendments have long served as a check on legislative overreach, Smart & Safe Florida is testing the limits of that tradition. The advocacy group has launched an effort to place a recreational marijuana initiative on the 2026 ballot. Their proposal would legalize cannabis for adults aged 21 and older, mirroring regulations in other states by prohibiting public use and restricting advertising. That effort, however, now collides with a new state law designed to make qualifying for the ballot significantly more difficult.
A New Law Designed to Hinder Participation
Florida’s new petition-gathering restrictions, signed into law by Gov. Ron DeSantis in May 2025, include felony penalties for unregistered signature collectors who exceed a 25-signature threshold, a rigid 10-day return period for signed petitions, expansive personal data collection requirements, and categorical bans on non-residents and non-citizens serving as petition circulators. These stipulations drew immediate scrutiny from legal experts and civil liberties groups, who argued they imposed unconstitutional burdens on free speech.
Early Legal Response Yields a Partial Win
Smart & Safe Florida swiftly challenged the law. In June 2025, U.S. District Judge Mark Walker issued a narrow injunction shielding one campaign worker from the law’s harshest criminal provisions. Yet most of the law’s provisions, including the 10-day return rule and the registration requirements, remained in place. That partial victory offered some relief, but did little to restore broader petitioning rights.
August Ruling Chips Away at the Restrictions
A more consequential development arrived on August 22, 2025, when Judge Walker issued a second preliminary injunction. This time, he blocked the enforcement of the statute’s ban on non-resident and non-citizen circulators. In his opinion, Walker wrote that the law placed an unconstitutional burden on core political speech. The measure, he argued, effectively forced advocacy groups to silence willing participants or expose themselves to legal peril. The ruling represented a significant win for Smart & Safe Florida and other initiative campaigns, affirming that participation in direct democracy does not require a Florida address or U.S. passport.
Challenging the Remaining Provisions
Despite this victory, the bulk of the restrictive law remains active. Circulators still face narrow deadlines, steep fines, and criminal exposure if they fail to comply with the state’s tight regulatory framework. Smart & Safe Florida is now pressing to expand the injunction further, asking the court to prevent state attorneys from enforcing the statute against any campaign volunteers or workers. The organization contends that unless broader protections are granted, the 2026 initiative drive could be chilled by the threat of prosecution.
A Test Case for Democratic Participation
Further hearings are expected as the legal challenge continues. At stake is not only the fate of marijuana legalization in Florida, but also the viability of citizen-led ballot initiatives more broadly. Legal scholars point out that the case touches on foundational First Amendment principles, raising questions about who has the right to participate in political advocacy and under what conditions.
Florida’s approach is not occurring in a vacuum. Around the country, state legislatures have introduced and enacted measures curbing ballot initiatives—especially those targeting contentious social issues like marijuana and abortion. Critics argue these laws are designed not to ensure integrity, but to suppress popular proposals that lawmakers oppose. Judge Walker’s rulings so far suggest there are constitutional limits to how far states can go in regulating the initiative process.
The Road to 2026
For now, the August ruling offers a reprieve for campaigns relying on out-of-state or immigrant volunteers. Yet the broader battle is far from over. The next round of judicial review could determine whether Florida voters even get a chance to weigh in on marijuana legalization come 2026—or whether the state’s gatekeeping mechanisms will succeed in blocking one of the most potent tools of modern democracy.
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