Florida officials have issued a cease-and-desist letter to the Smart & Safe Florida campaign, which is working to place a marijuana legalization initiative on the state’s 2026 ballot. They allege that the campaign has committed multiple violations of election laws.
The Office of Election Crimes and Security (OECS), part of Florida’s Department of State, has also imposed a fine of over $120,000 on Smart & Safe Florida. This fine stems from the submission of completed petitions more than 30 days after they were signed. The situation has been referred to the Florida Department of Law Enforcement for a potential criminal investigation.
Smart & Safe Florida was responsible for last year’s Amendment 3, which failed to secure the necessary 60 percent approval to become law. The campaign is now attempting to qualify a revised constitutional amendment for the upcoming ballot. Among the alleged violations cited in the letter is the failure to provide voters with the official text of the proposed amendment when collecting signatures. Additionally, the campaign is accused of submitting “forged or fraudulent petitions,” including one signed by a deceased voter from November 2024.
In a statement to Marijuana Moment, a representative from the campaign expressed confidence in their processes and stated their intention to contest the state’s claims of election law violations. They described the allegations as a targeted effort to hinder the citizens of Florida from supporting the amendment. The campaign insists that all forms and communications were vetted by legal counsel before being distributed.
The OECS has outlined further violations, including the circulation of non-approved petition forms, which allegedly created opportunities for fraud. They have noted instances where dozens of Florida voters completed and submitted multiple petitions. The letter demands an immediate accounting of all petition forms obtained from mailings and instructs Smart & Safe Florida to halt the use or circulation of non-approved forms.
Brad McVay, Florida’s deputy secretary of state for legal affairs and election integrity, highlighted the importance of compliance with the law in initiative efforts. He emphasized that the issues raised could undermine public confidence in the initiative process. The letter noted that the campaign sent two types of forms to supporters—one pre-filled with the voter’s information and another left blank for additional signatures, which may have led to an increase in duplicate submissions.
Despite a warning at the bottom of each form stating that it is a first-degree misdemeanor to sign the same petition more than once, more than 100 voters may have inadvertently signed and submitted both versions of the forms. The letter raises concerns that voters might not be reading the warning or could be misled into thinking both forms should be submitted.
