In 2026, voter initiative fails to make ballot and legislature fails to improve cannabis laws again

Florida’s 2026 legislative session adjourned on March 13, with the legislature failing to enact any cannabis policy reforms. While Florida has a robust, voter-enacted medical cannabis program, it continues to prohibit adult-use cannabis. The Sunshine State is one of only 19 states that hasn’t even “decriminalized” cannabis — simple possession of cannabis can still result in jail time.

In November 2024, 56% of Florida voters cast their ballots for cannabis legalization, but it was shy of the 60% supermajority needed for Amendment 3’s passage.

The campaign behind the 2024 voter initiative — Smart and Safe Florida — launched another effort to bring legalization directly to voters, this time for the 2026 election.  The campaign submitted 1.4 million signatures, but through a series of questionable actions and interpretations, the state found only 793,000 were valid. Over 880,000 valid signatures were needed, so officials deprived voters of the opportunity to consider the issue in 2026.

Meanwhile, the Legislature failed to even hold a hearing on bills to legalize cannabis in 2025 or 2026, despite most voters’ casting their ballots for legalization. In November 2026, voters will have an opportunity to elect a new governor, along with 120 seats in the House of Representatives and 20 of the 40 Senate seats.  The primary will be held on August 18 and Election Day is November 3, 2026. 

Medical cannabis expansion bills die

Lawmakers introduced several pieces of legislation to improve Florida’s medical cannabis program in 2026, but none became law — or even received a committee vote. Opponents of the legalization amendment in 2024 criticized it for not including home cultivation. Lawmakers had a chance to address that issue for patients, but failed to do so. Sen. Carlos Smith’s S 0776 would have allowed medical patients to grow up to six cannabis plants.

Meanwhile, S0130 / H1061 would have protected parents who are medical cannabis patients from being charged with child neglect or endangerment based solely on the status and responsible use of medical cannabis.

Finally, S0136/ H0689 would have provided employment protections for workers who are medical cannabis patients. Because cannabis is federally illegal, the Americans with Disabilities Act does not protect medical cannabis patients’ employment rights. Most medical cannabis states have enacted state law protections to fill the gap.

None of these commonsense bills were even granted a committee hearing in 2025 or 2026.

The legislature also failed to even hold a hearing on the one 2026 bill to legalize and regulate cannabis for adults’ use — SB1398

 Let your legislators know you support ending cannabis prohibition!

Current cannabis laws in Florida

Florida is one of only 19 states that continues to impose jail time for simple possession of cannabis.

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of one year of imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000. While several cities and counties have passed local decriminalization measures, arrests and incarcerations in some of those localities have still continued.

The Miami New Times reported that 42,153 people were arrested for misdemeanor cannabis possession in Florida in 2017.

Data reported to the FBI’s Uniform Crime Reports in 2024 suggests the numbers have decreased, but that there are still thousands of Floridians arrested each year for cannabis possession.

Between 2017 and 2024, hemp  became available all over the state of Florida, which may have had an effect on the number of arrests. There is, however, very little regulation of these hemp products. Gov. Ron DeSantis vetoed an attempt to ban these products in 2024. It is uncertain as to the future of these consumable hemp products, as a vast majority of readily available hemp products will be considered marijuana as of November 2026 due to a last minute addition to a federal spending bill that reopened the government in November 2025.

Florida’s Medical Cannabis Law

On November 8, 2016, 72% of Florida voters approved Amendment 2, legalizing medical cannabis for patients with a qualifying condition and a certification from a Florida doctor.

To qualify, a patient must be a permanent or seasonal resident of Florida, be entered into the medical marijuana use registry, and obtain a medical marijuana ID card. You can learn more about the requirements to become a patient here. Patients can purchase marijuana from registered marijuana dispensaries, called Medical Marijuana Treatment Centers (MMTCs). Click here to search for an MMTC near you.

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