Florida officials have issued a cease-and-desist order and hefty fine against the campaign behind a proposed 2026 cannabis legalization initiative, citing multiple alleged violations of state election law.
Marijuana Moment reported today that the escalating situation has now been referred for potential criminal investigation.
The Office of Election Crimes and Security (OECS), a division of Florida’s Department of State, announced this week that it fined Smart & Safe Florida $121,850 for failing to meet deadlines and allegedly submitting fraudulent or duplicated voter petitions.
The campaign, which was behind the failed Amendment 3 legalization measure in 2024, is now seeking to place a revised adult-use cannabis amendment on the 2026 ballot. But state officials claim its latest effort has violated election integrity standards.
Among the most serious allegations: campaign workers submitted at least one petition signed by a person who had been deceased for months, circulated unapproved petition forms, and failed to provide the full text of the constitutional amendment to voters at the time of signing—a requirement under Florida law.
Officials say the campaign’s bulk mailing strategy included two forms per package: one pre-filled with voter details, and a second left blank for other potential signers in the household. The tactic reportedly resulted in more than 100 voters submitting both forms—despite a clear warning that doing so constitutes a first-degree misdemeanour.
In one instance, a petition was allegedly signed in February 2025 by a voter who had died in November 2024.
The OECS claims this process created an ‘opportunity for fraud’ and prompted an uptick in duplicate submissions, triggering the $121,850 fine. The state calculates that 2,437 petitions were submitted after the 30-day legal window for collection, though they stopped short of alleging the violations were ‘willful’, which would have raised the fine to over $600,000.
In a statement to Marijuana Moment, a representative for Smart & Safe Florida pushed back on the claims, calling them ‘a targeted effort to thwart the ability for the people of Florida to express their support of a citizen-driven amendment.’
The group insists all materials were vetted by legal counsel before distribution and says it intends to challenge the state’s assertions in court or administrative review.
“We do not believe this was done with any malice or purposeful intent, just a case of confusion with the mailing process,” the campaign said.
The campaign is currently working to collect nearly 900,000 valid signatures to secure a place on the 2026 ballot. Florida law requires constitutional amendments to garner 60% of the vote to be enacted. Last year’s Amendment 3 garnered a majority but fell short of the threshold despite nearly $100 million in financial backing—mostly from medical cannabis giant Trulieve.
The 2026 proposal includes new language designed to address prior criticisms, including clarifying the possibility of home cultivation and prohibiting marketing aimed at children. It also creates a pathway for existing medical marijuana licensees to begin adult-use sales if the amendment passes.
