Smart & Safe Florida, a leading advocacy group for marijuana legalization, has submitted a revamped proposal to amend Florida’s constitution, aiming to legalize recreational marijuana use for adults aged 21 and older.
The proposed amendment, titled “Adult Personal Use of Marijuana,” was filed on Tuesday with the Florida Division of Elections and includes:
Legalization of Adult Use: The amendment would allow adults to possess, purchase, and use marijuana for non-medical purposes.
Strict Regulations: The proposal prohibits marketing and packaging that appeals to children, bans smoking and vaping in public, and maintains the prohibition on driving under the influence.
Business Licensing: The amendment enables Medical Marijuana Treatment Centers (MMTCs) to sell marijuana for recreational use and provides for the creation of licenses for non-medical marijuana businesses.
Possession Limits: Adults would be permitted to possess up to 2 ounces of marijuana, with no more than 5 grams in concentrate form.
Home Growing: Although not explicitly included, the legislature is empowered to consider allowing home cultivation of marijuana by adults.
The proposal does not alter federal law or offer immunity from federal prosecution, emphasizing that the amendment applies only to Florida law. Additionally, it retains strict restrictions on marijuana use in certain public and private settings, such as workplaces, schools, and correctional facilities.
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To qualify for the 2026 ballot, Smart & Safe Florida must gather hundreds of thousands of verified signatures and receive approval from the Florida Supreme Court to ensure the amendment’s compliance with state constitutional requirements.
If approved by voters, the amendment would take effect six months after passage, granting lawmakers time to implement regulations and establish licensing frameworks. Advocates and opponents alike are expected to ramp up their campaigns as the proposal progresses toward potential voter consideration.
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