Legislature fails to improve cannabis laws, 2026 voter initiative launches

Florida’s 2025 legislative session adjourned on June 6, 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 — though it was shy of the 60% supermajority needed for Amendment 3’s passage.

Despite voters’ support for legalization, the Legislature failed to even hold a hearing on bills to legalize cannabis or make other reforms in 2025. 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. In June 2025, the campaign submitted over 612,000 verified signatures, which triggered a Supreme Court review of the initiative as well as a fiscal impact study. Over 880,000 verified signatures are needed to get the initiative to voters, assuming the state Supreme Court rules the language acceptable. The Legislature’s continuing resistance to cannabis policy reform reinforces the fact that the only path to legalization is through the ballot initiative process.

In 2025, the Legislature enacted legislation — H1205 — to make the ballot initiative process much more difficult. Smart and Safe Florida joined a lawsuit arguing initiative campaigns should be able to continue under the rules that were operational at that time.

Meanwhile, during a conference committee on S2514, a Health and Human Service appropriation bill, language was proposed to exclude anyone from the medical cannabis registry who has a cannabis violation for possession of 10 grams or more. The final language was less extreme, but still mandates removal from the program if a patient grew their own cannabis or distributed it.

Medical cannabis expansion bills die

Lawmakers sponsored several pieces of legislation to improve the medical cannabis program in 2025, but none became law — or even received a committee vote. Opponents of the legalization amendment criticized it for not including home cultivation. Lawmakers had a chance to address that issue for patients, but failed to do so. Sen. Joe Gruters’ (R) S0564 would have allowed medical patients to grow up to two cannabis plants. Sen. Gruters (R) also sponsored S0552, which would have substantially improved the medical cannabis program. Neither of these bills were granted a committee hearing.

Meanwhile, S0146 / H0993 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.

S0142 / H0083 would have provided employment protections for public sector workers who are medical cannabis patients. The bill would not have applied to law enforcement officers, but firefighters and EMS workers would have been covered. 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 granted a committee hearing in 2025.

Legislature also fails to move on expungement and legalization

An issue raised during the 2024 ballot initiative campaign, but not addressed due to the single-subject rule, was expungement of cannabis records. The Florida Legislature failed to address either of the bills proposed on the issue in 2025.

Cannabis prohibition has burdened tens of thousands of Floridians with a criminal record. Criminal records stymie them from economic opportunity, housing, educational loans, and professional licensing. This makes expungement an economic and professional development issue as much as a criminal justice issue.

Sen. Tracie Davis’ S 1026 would have expunged charges for possession of two ounces or less of cannabis. It would have also required the Department of Law Enforcement to notify those eligible for expungement without charging a fee.

Sen. Davis also sponsored S1028, which would have provided a comprehensive framework for the handling of cannabis expungements. The records would become confidential so they no longer affect the individual's life.

Neither piece of legislation was granted a committee hearing in 2025.

The legislature also failed to even hold a hearing on any of the four 2025 bills to legalize and regulate cannabis for adults’ use — H0555, H1501, S1032, and S1390.

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.

Partial data reported to the FBI’s Uniform Crime Reports in 2023 suggests the numbers have decreased, but that there are still thousands of Floridians arrested each year for cannabis possession.

In the interim of those two data years, hemp flower had become 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. An attempt to ban these products was vetoed by Gov. Ron DeSantis in 2024.

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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