Florida AG Escalates Probe Into Marijuana Ballot Drive as Lawmakers Push Public-Use Limits

Florida Attorney General James Uthmeier said Tuesday that the group backing a 2026 recreational marijuana ballot initiative has been subpoenaed, marking what he described as an “escalation” in the state’s investigation into alleged election fraud tied to the petition drive.

Uthmeier’s office said it plans to issue four criminal subpoenas to Smart & Safe Florida, as well as its contractors and subcontractors. The subpoenas seek records to determine whether potential criminal responsibility extends beyond individual petition circulators to the organization itself, according to a press release issued this week.

The Attorney General’s Office also announced 46 new criminal investigations related to alleged fraud in the marijuana legalization effort. Of the 21,600 petitions submitted by 50 petition circulators associated with Smart & Safe Florida, more than 14,500 showed signs of fraud, the office said.

“Recently obtained documents show that Smart & Safe Florida knew about dozens of fraudsters turning in over 21,000 petitions and failed to inform law enforcement,” Uthmeier said in a statement. “Florida’s Constitution is not for sale, and we will not allow a mega marijuana corporation to hijack our state’s governing document.”

The Attorney General’s Office said nine petition circulators have been arrested or had warrants issued in recent months, with six additional cases pending, according to the Miami Herald.

Smart & Safe Florida said it complied with state law by reporting every petition discrepancy and separating questionable submissions.

“In short, it appears the Attorney General is taking issue with the fact that we explicitly follow the law,” a campaign spokesperson said.

The proposed constitutional amendment must collect nearly 880,000 valid petitions from Florida voters by the Feb. 1 deadline to qualify for the 2026 ballot. Qualifying would still send the measure to the Florida Supreme Court for review. The initiative seeks to legalize adult possession and use of recreational cannabis and includes provisions related to licensing and public consumption.

A similar amendment failed in 2024 after falling short of the 60% voter approval threshold required for passage.

Meanwhile, Florida state senators on Tuesday advanced a separate bill that would restrict the smell of medical marijuana in public places, including streets, parking lots, and beaches, reported Florida Phoenix.

Introduced by Joe Gruters, Senate Bill 986 would extend Florida’s existing prohibition on smoking and vaping tobacco in public spaces to include marijuana. A companion bill, House Bill 389, is sponsored by Alex Andrade, a Republican from Pensacola.

SB 986, unanimously approved by the Florida Senate Regulated Industries Committee, defines a “public place” as any area accessible to the public, including streets, sidewalks, highways, parks, beaches, and the common areas of schools, hospitals, government buildings, apartment complexes, offices, lodging establishments, restaurants, transportation facilities, and retail shops.