Florida Election Rule Change Jeopardizes 2026 Cannabis Ballot Push

Florida's cannabis legalization advocates face a new hurdle after the Secretary of State's Office issued last-minute changes to voter verification procedures that could derail efforts to place adult-use legalization on the 2026 ballot.

Maria Matthews, director of the Division of Elections, sent new directives to county election supervisors last week that alter how petition signatures are verified—a process critical to citizen-led ballot initiatives. The timing has raised concerns among campaign organizers who are already gathering signatures for a 2026 cannabis measure.

Florida requires citizen initiatives to collect nearly 900,000 verified signatures to qualify for the ballot, with signatures distributed across at least half of the state's 28 congressional districts. The verification process, which matches petition signatures against voter registration records, typically takes months to complete.

The Procedural Shift

The new directives from Matthews modify protocols that county supervisors use to validate petition signatures. While specific details of the changes weren't immediately disclosed, election law experts say even minor procedural adjustments can significantly slow the verification timeline.

Florida's ballot initiative process has become increasingly contentious in recent years. In 2024, Amendment 3—which would have legalized adult-use cannabis—received 55.9% support but fell short of the 60% supermajority required to pass. That campaign, largely funded by Trulieve Cannabis Corp., spent over $145 million on the effort.

The state's Republican leadership, including Governor Ron DeSantis, actively campaigned against Amendment 3, using state resources and taxpayer funds to oppose the measure. DeSantis' administration is currently facing a federal lawsuit over those tactics.

Industry Response

Cannabis advocates view the timing of the verification changes as suspicious. Florida has a history of implementing procedural changes that complicate ballot access for citizen initiatives, particularly on controversial issues like cannabis legalization.

"This is exactly the kind of administrative maneuvering we've come to expect," said one campaign organizer who requested anonymity due to the ongoing signature-gathering process. "They can't stop people from signing petitions, so they make it harder to verify them."

The 2026 effort represents a second chance for Florida's cannabis industry, which saw medical marijuana sales top $2 billion in 2023. With 25 states now allowing adult-use cannabis, Florida's medical-only market remains one of the nation's largest untapped opportunities for expansion.

What's Next

Campaign organizers have until February 2026 to submit verified signatures if they want to appear on the November ballot. The new verification procedures could compress that timeline if county supervisors need additional time to process signatures under the revised protocols.

Legal challenges to the new directives are possible, though any court action would need to move quickly to avoid disrupting the 2026 campaign timeline. Florida's courts have generally deferred to the Secretary of State's Office on election administration matters, making successful challenges difficult.

The Secretary of State's Office has not responded to requests for comment on the rationale behind the timing of the directive changes.

For now, cannabis advocates are continuing signature-gathering efforts while monitoring how county supervisors implement the new procedures. The coming months will reveal whether the verification changes pose a genuine threat to ballot access or simply add another layer of complexity to an already challenging process.

This article is based on original reporting by ganjapreneur.com.