Adam JacksonFlorida state officials issued a cease-and-desist letter to a campaign working to place a marijuana legalization initiative on the state’s 2026 ballot, alleging “multiple election law violations.”
The Office of Election Crimes and Security, which is a part of Florida’s Department of State, fined Smart & Safe Florida more than $120,000 for submitting completed petitions more than 30 days after they were signed, according to the letter, which was first published by Florida’s Voice, a conservative-leaning publication in its reporting on alleged ethics violations by the campaign.
The issue has been referred to the Florida Department of Law Enforcement for review.
The allegations cited in the two letters sent to the campaign include failure to provide voters with the complete official text of the proposed constitutional amendment when obtaining signatures and submission of “forged or fraudulent petitions,” including one purportedly signed by a Florida voter in February 2025 who had been deceased since November 2024.
In a statement to Marijuana Moment, a campaign representative defended their practices and suggested the state’s actions were politically motivated.
“The claims made appear to be a targeted effort to thwart the ability for the people of Florida to express their support of a citizen-driven amendment,” the statement said. “We stand by the process and had legal counsel vet all forms and communications prior to mailing and look forward to challenging the validity of these claims.”
The campaign was behind last year’s Amendment 3 legalization ballot measure, which failed to win the supermajority of 60% required to become law. The group has already started working to qualify a revised constitutional amendment for the 2026 ballot.
Deputy Secretary of State Brad McVay’s letters claim the campaign circulated nonapproved petition forms “in a manner that has created the opportunity for fraud” and led to dozens of Florida voters completing multiple petitions.
According to one of the letters, which was based on an initial February report from Florida’s Voice, Smart & Safe Florida sent voters two petition forms – one prefilled with voter information and another blank form allegedly intended for other household members. State officials claim the practice led to confusion and duplicate submissions.
“Smart & Safe Florida acknowledges the voter confusion, yet you place blame on the voter’s inability to properly follow the mailing process,” McVay wrote. “Based on our preliminary review, it appears the confusion is attributable to your decision to send two forms.”
The state also accused the campaign of failing to include the full text of its proposed amendment with petitions, instead providing “campaign-style literature” with a “printed hyperlink to the text.”
“Simply put, the law requires more,” the letter states.
The letter demands “an immediate accounting of any and all petition forms” obtained through the campaign’s mailings and that Smart & Safe Florida “immediately cease the mailing, use, or circulation of non-approved petition forms.”
The campaign’s revised 2026 ballot initiative includes several changes to appease criticisms of the 2024 version, including clarifying language banning the sale of cannabis products marketed to children and explicitly stating that nothing in the measure would prohibit the legislature from allowing home grow, among other items.
Gov. Ron DeSantis, who has criticized the push for legalization in the state, said in January that the latest version of the initiative would face significant hurdles with the state Supreme Court, calling it “in big time trouble” and arguing that cannabis policy “should not be in our Constitution,” according to Marijuana Moment.
The campaign needs to collect 891,523 valid signatures to qualify for the 2026 ballot.
Smart-Safe-Letter-1 Smart-Safe-Letter-2
