Florida’s 2026 legislative session in Tallahassee has brought cannabis policy back into the spotlight with a flurry of new proposals addressing both recreational marijuana and medical cannabis program reforms.

A New Push for Recreational Legalization

Sen. Carlos Guillermo Smith (D) filed Senate Bill 1398, a proposal that would legalize marijuana for adults 21 and over and rework Florida’s medical cannabis market licensing structure. If passed, the bill would allow:

  • Adults 21+ to legally possess and use marijuana without a medical card.

  • Medical marijuana treatment centers (MMTCs) to apply for adult-use retail licenses.

  • Expanded cultivation and processing flexibility among licensed operators.

The measure also aims to break up what proponents call “monopolies” in the medical cannabis industry by loosening vertical-integration restrictions and permitting more open licensing categories.

Ballot Initiative Still in Play

Meanwhile, Smart & Safe Florida, the group that backed the 2024 recreational amendment, is racing to qualify a constitutional amendment for the November 2026 ballot that would legalize adult-use cannabis and set out possession, licensing and public-use rules.

  • Opponents, including Florida Attorney General James Uthmeier and business groups, have asked the Florida Supreme Court to strike the proposal as misleading or unconstitutional — a hurdle advocates will need to clear before voters ever see it.

  • The petition must submit at least 880,062 valid signatures by Feb. 1, 2026 to maintain its path to the ballot, and as of early January, state records showed hundreds of thousands verified — with ongoing legal disputes over signature invalidations.

Whether through the Legislature or via a ballot measure, adult recreational cannabis legalization is shaping up to be one of the biggest cannabis policy fights in Florida this year.

Medical Cannabis Reform & Patient Rights

Beyond recreational reform, lawmakers introduced bills targeting medical-access and regulatory tweaks:

  • SB 776 would authorize certain qualified patients to cultivate up to six flowering plants at home for personal use, expanding patient autonomy under the state’s medical program.

Other measures under consideration aim to clarify licensure procedures for Medical Marijuana Treatment Centers and adjust regulatory requirements at the Department of Health.

Looking Forward

  • Medical program evolution: Patients may soon have expanded home-grow options and broader business participation.

  • Recreational legalization battles: Lawmakers and activists are pushing on multiple fronts — legislative and citizen-driven — to change state law.

  • Political and legal tensions: Court challenges and procedural debates suggest the path forward won’t be straightforward.