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Federal Judge Gives Florida Marijuana Legalization Campaign A Win Over State’s Ballot Initiative Restriction Law

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A federal judge has delivered a win to a Florida campaign seeking to put a marijuana legalization initiative on the state’s 2026 ballot—granting “complete relief” from provisions of a law Gov. Ron DeSantis (R) signed to impose serious restrictions on signature gathering.

In response to a motion for a preliminary injunction from the cannabis campaign Smart & Safe Florida, a U.S. District Court for the Northern District of Florida judge ruled on Thursday that the state’s law forces plaintiffs to “choose between curtailing their First Amendment rights” or “risk invalidation of verified petitions, crippling civil penalties, and further enforcement actions.”

While the law DeSantis signed in May wasn’t directly targeted at the cannabis initiative, there’s been concern among supporters that it could jeopardize an already complex and costly process to collect enough signatures to make the ballot. That’s because it would block non-residents and non-citizens from collecting signatures for ballot measures.

The governor had pitched the idea to lawmakers earlier this year, calling for changes to the petition gathering process that threaten to further complicate citizen-led reform efforts for a range of issues.

But presented with a legal challenge to the policy from several advocacy groups, including the cannabis campaign, U.S. District Judge Mark Walker determined that certain of the restrictions are unlawful.

The judge last month upheld much of the law, as The Tallahassee Democrat reported, but he said in his latest ruling that preventing signature gathering from non-residents amounted to an unacceptably “severe burden on political expression.”

The court said Smart & Safe Florida “demonstrated that it is substantially likely to succeed on the merits of its First Amendment claim challenging the State Attorneys’ role in enforcing the residency requirement.”

“The challenged provisions work an unconstitutional restriction as applied to Plaintiffs’ speech by prohibiting non-citizen and non-residents from gathering signed petitions by silencing the individual non-citizen petition circulators who are Plaintiffs in this case, and by preventing the organizational Plaintiffs’ members or employees who are non-residents or non-citizens from engaging in the core political speech of petition circulation.”

Walker wrote that the threat the restrictions could be enforced against the cannabis campaign is “a cognizable chill on Smart & Safe’s non-resident petition circulator’s speech, which directly injures Smart & Safe, as sponsor of the marijuana ballot initiative.”

As of now, the marijuana campaign has collected more than 75 percent of the required signatures to make the ballot next year.

Smart & Safe Florida began signature gathering for the measure in January, making steady progress as takes a second stab at enacting the constitutional amendment at the ballot after a 2024 version of the legalization measure fell short.

Activists picked up about 50,000 more valid signatures over the last month for a total of 661,327, according to the Florida Division of Elections. They need 880,062 valid signatures to secure ballot placement.

In addition to that signature total from registered voters, Smart & Safe Florida must also gather them from a minimum of 8 percent of voters in at least half of the state’s congressional districts. The campaign has currently exceeded the needed threshold in five of the 28 districts, but is close in several others.

In June, the state affirmed that the campaign collected enough for the 2026 initiative to trigger a fiscal and judicial review.

The governor said in February that the newest measure is in “big time trouble” with the state Supreme Court, predicting it will be blocked from going before voters next year.

“There’s a lot of different perspectives on on marijuana,” DeSantis said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back candidates that you believe will be able to deliver what your vision is on that.”

“But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. I think it’s going to have big time trouble getting through the Florida Supreme Court,” he said.

At its current signature count, the campaign has already succeeded in reaching one of the first milestones. The state is now statutorily obligated to conduct a judicial and financial review of the measure that will determine its legal eligibility and inform the electorate about its potential economic impact.

The latest initiative was filed with the secretary of state’s office just months after the initial version failed during the November 2024 election—despite an endorsement from President Donald Trump.

Smart & Safe Florida is hoping the revised version will succeed in 2026. The campaign—which in the last election cycle received tens of millions of dollars from cannabis industry stakeholders, principally the multi-state operator Trulieve—incorporated certain changes into the new version that seem responsive to criticism opponents raised during the 2024 push.

For example, it now specifically states that the “smoking and vaping of marijuana in any public place is prohibited.”Another section asserts that the legislature would need to approve rules dealing with the “regulation of the time, place, and manner of the public consumption of marijuana.”

Last year, the governor accurately predicted that the 2024 cannabis measure from the campaign would survive a legal challenge from the state attorney general. It’s not entirely clear why he feels this version would face a different outcome.

While there’s uncertainty around how the state’s highest court will navigate the measure, a poll released in February showed overwhelming bipartisan voter support for the reform—with 67 percent of Florida voters backing legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans.

However, the results conflict with another recent poll from the Florida Chamber of Commerce, a proactive opponent of legalization, that found majority support for the reform among likely voter (53 percent) but not enough to be enacted under the 60 percent requirement.

Another recent poll of Florida Republican voters showed just 40 percent of that demographic said they’d vote in favor of the legalization proposal.

In the background of the campaign’s signature development, DeSantis signed a GOP-led bill in June to impose significant restrictions on the ability to put initiatives on the ballot—a plan that could impair efforts to let voters decide on marijuana legalization next year.


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.


Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Separately, a Florida GOP senator claimed recently that the legalization campaign “tricked” Trump into supporting the 2024 measure by misleading him and the general public about key provisions.

Ahead of the election, Trump said in September that he felt Amendment 3 was “going to be very good” for the state.

Before making the comments, Trump met with the CEO of Trulieve, Kim Rivers, as well as with a GOP state senator who is in favor of the reform.

While Trump endorsed the Florida cannabis initiative—as well as federal rescheduling and industry banking access—he has since been silent on cannabis issues. On Thursday, however, the CEO of Scotts Miracle Gro said Trump has privately committed to seeing through the rescheduling process in “multiple” conversations since taking office.

Meanwhile in Florida, some medical marijuana patients and caregivers in Florida could see their state cannabis registrations revoked under a bill recently signed into law by the governor.

DeSantis approved SB 2514, a broad budget bill that touches on cancer, dentistry and other health-related matters. But it also contains a provision that directs the state Department of Health (DOH) to cancel registrations of medical marijuana patients and caregivers if they’re convicted of—or plead guilty or no contest to—criminal drug charges.

Read the federal court’s order in the Florida medical marijuana and ballot law case below: 

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Become a patron at Patreon!



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Federal Marijuana Legalization Bill Deserves Lawmakers’ Support, Letter From ACLU And Other Groups Says

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A coalition of drug policy reform and civil rights organizations sent letter urging members of the U.S. House of Representatives to cosponsor a recently filed bill to federally legalize marijuana and promote equity.

The letter, led by the Drug Policy Alliance (DPA), expresses support for the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which was reintroduced by Rep. Jerrold Nadler (D-NY) and about three dozen cosponsors late last month.

This marks the fourth session in a row that Nadler has put forward the proposal. It passed the House twice under Democratic control while the sponsor served as chairman of the Judiciary Committee, but it did not advance last session with Republicans in the majority.

“The MORE Act is the leading comprehensive marijuana reform bill in the House that ends federal prohibition, addresses the collateral consequences of federal marijuana criminalization, and takes steps to ensure the regulated marketplace is diverse and inclusive,” the letter—which was also signed by groups such as the ACLU, National Association of Criminal Defense Lawyers, National Association of Social Workers, Service Employees International Union and Southern Poverty Law Center—says.

“For generations, marijuana’s placement on the [Controlled Substances Act, or CSA] has disproportionately inflicted harm upon communities of color and poor people,” the groups wrote.

They noted that the Trump administration is actively considering a proposal to simply reschedule cannabis, which they described as “a policy that would continue federal cannabis criminalization and its harm.”

With that reform pending, it’s “more important than ever for Congress to advance comprehensive legislation to deschedule marijuana from the CSA,” the letter says. “To be clear, as long as marijuana remains anywhere in the CSA, it will still be criminalized at the federal level.”

“Recent news reports have suggested that President Trump may move marijuana to Schedule III of the CSA. While this move would eliminate an unfair tax penalty on the marijuana industry and would be of symbolic importance by recognizing that marijuana has accepted medical use, little else would change. In fact, rescheduling marijuana from Schedule I to Schedule III of CSA will maintain the criminal penalties and collateral consequences that are in effect today. To fully address the conflict between state and federal laws, marijuana must be descheduled from the CSA.”

Other signatories on the letter include Cannabis Regulators of Color Coalition (CRCC), Doctors for Drug Policy Reform, JustLeadershipUSA, Last Prisoner Project (LPP), Law Enforcement Action Partnership (LEAP), Lawyers’ Committee for Civil Rights Under Law, Minority Cannabis Business Association (MCBA), Mission Green, NORML, Students for Sensible Drug Policy (SSDP), Supernova Women and more.

Here are details about the key provisions of the MORE Act: 

  • The bill would deschedule marijuana by removing it from the list of federally banned drugs under the CSA. However, it would not require states to legalize cannabis and would maintain a level of regulatory discretion up to states.
  • Marijuana products would be subject to a federal excise tax, starting at five percent for the first two years after enactment and rising to eight percent by the fifth year of implementation.
  • Nobody could be denied federal public benefits based solely on the use or possession of marijuana or past juvenile conviction for a cannabis offense. Federal agencies couldn’t use “past or present cannabis or marijuana use as criteria for granting, denying, or rescinding a security clearance.”
  • Noncitizens could not be penalized under federal immigration laws for certain cannabis activity after the enactment of the legislation.
  • The bill creates a process for expungements of non-violent federal marijuana convictions.
  • Tax revenue from cannabis sales would be placed in a new “Opportunity Trust Fund.” Half of those tax dollars would support a “Community Reinvestment Grant Program” under the Justice Department, 10 percent would support substance misuse treatment programs, 40 percent would go to the federal Small Business Administration (SBA) to support implementation and a newly created equitable licensing grant program.
  • The Community Reinvestment Grant Program would “fund eligible non-profit community organizations to provide a variety of services for individuals adversely impacted by the War on Drugs…to include job training, reentry services, legal aid for civil and criminal cases (including for expungement of cannabis convictions), among others.”
  • The program would further support funding for substance misuse treatment for people from communities disproportionately impacted by drug criminalization. Those funds would be available for programs offering services to people with substance misuse disorders for any drug, not just cannabis.
  • While the bill wouldn’t force states to adopt legalization, it would create incentives to promote equity. For example, SBA would facilitate a program to providing licensing grants to states and localities that have moved to expunge records for people with prior marijuana convictions or “taken steps to eliminate violations or other penalties for persons still under State or local criminal supervision for a cannabis-related offense or violation for conduct now lawful under State or local law.”
  • The bill’s proposed Cannabis Restorative Opportunity Program would provide funds “for loans to assist small business concerns that are owned and controlled by individuals adversely impacted by the War on Drugs in eligible States and localities.”
  • The comptroller general, in consultation with the head of the U.S. Department of Health and Human Services (HHS), would be required to carry out a study on the demographics of people who have faced federal marijuana convictions, “including information about the age, race, ethnicity, sex, and gender identity.”
  • The departments of treasury, justice and the SBA would need to “issue or amend any rules, standard operating procedures, and other legal or policy guidance necessary to carry out implementation of the MORE Act” within one year of its enactment.
  • Marijuana producers and importers would also need to obtain a federal permit. And they would be subject to a $1,000 per year federal tax as well for each premise they operate.
  • The bill would impose certain packaging and labeling requirements.
  • It also prescribes penalties for unlawful conduct such as illegal, unlicensed production or importation of cannabis products.
  • The Treasury secretary would be required to carry out a study “on the characteristics of the cannabis industry, with recommendations to improve the regulation of the industry and related taxes.”
  • The Bureau of Labor Statistics (BLS) would be required to “regularly compile, maintain, and make public data on the demographics” of marijuana business owners and workers.
  • Workers in “safety sensitive” positions, such as those regulated by the Department of Transportation, could continue to be drug tested for THC and face penalties for unauthorized use. Federal workers would also continue to be subject to existing drug testing policies.
  • References to “marijuana” or “marihuana” under federal statute would be changed to “cannabis.” It’s unclear if that would also apply to the title of the bill itself.

Getting a bill like the MORE Act through the GOP-controlled House and Senate is a tall task, however. And while Trump previously endorsed a Florida legalization ballot initiative, he’s given little indication he’d be willing to end prohibition altogether at the federal level.

A pending proposal to simply move cannabis from Schedule I to Schedule III under the CSA is still in flux—though the president did recently say a decision was imminent.


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.


Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Numerous voices within Trump’s circles have expressed differing opinions on the reform.

Most recently, for example, Ben Carson, Trump’s former secretary of the Department of Housing and Urban Development (HUD), said a move to reschedule marijuana would play into plots to “destroy this country.”

Trump’s former press secretary Sean Spicer and his long-time advisor Roger Stone recently traded diverging takes on the prospect of the administration moving forward on marijuana rescheduling.

Stone separately made the case for reform in an op-ed for Marijuana Moment last month.

Retired boxer Mike Tyson, meanwhile, recently spoke about the need for federal marijuana rescheduling on a podcast hosted by the wife of White House Deputy Chief of Staff for Policy Stephen Miller—saying he’s expecting “good news” on the issue soon.

In June, the retired boxer also took to Fox News and delivered a message to the president, urging him to reschedule, and ultimately legalize, marijuana.

That interview came days after Tyson led a letter alongside other professional athletes and celebrities promoting cannabis reform that was sent to Trump, calling for rescheduling marijuana, expanding clemency and allowing licensed cannabis businesses to access the banking system.

Meanwhile, Trump’s former senior advisor Kellyanne Conway has been the “biggest champion” of marijuana rescheduling within the president’s “inner circle,” a GOP congressman recently told Marijuana Moment.

Photo courtesy of Brian Shamblen.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Become a patron at Patreon!



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Rhode Island Opens Applications for 24 Adult-Use Dispensary Licenses

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[PRESS RELEASE] – WARWICK, R.I., Sept. 12, 2025 – The Cannabis Control Commission  (CCC) opened the application period for adult-use cannabis retail licenses, marking the beginning of the largest expansion to Rhode Island’s cannabis industry. The commission is authorized under the Rhode Island Cannabis Act to license up to 24 retail establishments statewide, divided equally across six geographic zones, making this announcement a defining moment in shaping the state’s cannabis marketplace.

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“Today’s announcement represents years of work, collaboration and preparation to ensure Rhode Island has a cannabis marketplace that is safe, transparent, and equitable,” CCC Chairperson Kim Ahern said. “The release of this application and launch of our submission portal is not only about opening doors for businesses but about creating meaningful opportunities for Rhode Islanders while keeping public health and public safety at the center of everything we do.”

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With only 24 retail licenses available statewide, the launch of the application process is expected to draw significant interest from prospective applicants. Together with the Social Equity Applicant Status Certification Portal, which opened in August, the application process reflects the CCC’s deliberate steps toward building a cannabis industry that prioritizes economic opportunity, equity and fairness in Rhode Island.

“Rhode Island’s cannabis market is poised for growth, and this application is helping us do exactly that,” Gov. Dan McKee said. “As we expand the cannabis industry here in the Ocean State, we’re opening the doors to new investment, new good-paying jobs, and new opportunities for our economy.”

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Adult-use retail licenses will authorize sales of cannabis products to adults 21 and older. By releasing the application and opening the submission portal simultaneously, the commission is providing applicants with a transparent process while reinforcing its commitment to accountability and access.

“Today’s release of the adult-use retail license application reflects the commission’s commitment to equity and accountability,” Commissioner Layi Oduyingbo said. “This framework provides applicants with the information they need while reinforcing our responsibility to safeguard public health and consumer safety.”

Commissioner Robert Jacquard said, “The commission aims to make this application process as business-friendly as possible, while upholding standards that will protect public health.”

To ensure the process is fair and accessible, the commission and Cannabis Office will provide technical assistance resources and ongoing guidance for prospective applicants. Applications will be accepted until 4 p.m. on Dec. 29, 2025.

“This is a milestone that reflects the dedication and perseverance of so many people,” Cannabis Office Administrator Michelle Reddish said. “From lawmakers and advocates to community members and our dedicated staff, countless individuals have helped build the foundation for this moment. By publishing the application today, we are taking a historic step toward building a cannabis marketplace that serves consumers, supports equity and advances public health in Rhode Island.”

The adult-use retail license application is available on the commission’s website at www.ccc.ri.gov/auapp.



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Can LSD Battle Anxiety? The Answer Is Yes, According to Science

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Hands down, one of the drugs that has received the worst press in the decades marked by the War on Drugs has been LSD. All sorts of things have been said about this molecule: that it drives you crazy, or suicidal, that it remains stored in your body forever, that it irreparably damages the brain… Fortunately, we now have professionals investigating the matter, with a scientific perspective rather than a moralistic or prohibitionist one.

One of the latest findings on the subject seems to directly contradict one of the great myths about LSD: instead of leading to insanity, this compound could reduce anxiety. This is according to a study by Mind Medicine (MindMed) Inc., a biopharmaceutical company that has been researching psychedelic compounds for mental health for many years. While the preliminary results were released in 2022, they were officially published this month in the Journal of the American Medical Association.

This isn’t the first time MindMed has embarked on studying this topic: it had already achieved positive results with LSD for anxiety on another occasion. In fact, the FDA granted Breakthrough Therapy designation for generalized anxiety disorder (GAD) to the company’s proprietary drug candidate, MM120, a pharmacologically optimized formulation of LSD.

LSD and Anxiety: What the MindMed Study Says

The company conducted a multicenter, randomized, double-blind, placebo-controlled Phase 2b study at 22 outpatient psychiatric research centers in the US. The effects of a single dose of MM120 (lysergide D-tartrate, LSD) were analyzed in 198 adults with moderate to severe generalized anxiety disorder (GAD). Participants experienced sustained improvements in their condition over the 12-week observation period.

According to the company’s press release, this is the first randomized, placebo-controlled trial evaluating a single treatment at four dose levels (25, 50, 100, or 200 µg), without any psychotherapeutic intervention.

The optimal dose of MM120 was determined at 100 µg. This demonstrated a “clinically and statistically significant improvement vs. placebo, and a 65% clinical response rate and 48% clinical remission rate” at the end of the experiment.

Likewise, tolerance to the medication was positive, with the expected adverse effects of an LSD experience remaining mild to moderate and lasting only one day.

During the study, participants receiving medication for their condition had to discontinue such treatment under the supervision of the study professionals. Furthermore, on the day of dosing, they were offered “standardized music and eyeshades and could lie down, move freely around the room, read, write, or draw.” It should be noted that the study protocol explicitly prohibited participation in psychotherapy.

Dr. Maurizio Fava, one of the study’s authors, stated that “this study is a true turning point in the field of psychiatry… For the first time, LSD has been studied with modern scientific rigor, and the results are both clinically meaningful and potentially paradigm-shifting for the treatment of GAD. GAD affects 26 million adults in the U.S., yet no new medications have been approved since 2007—and first-line treatments fail 50% of patients.”

Thus, scientific innovation continues to advance against the willful ignorance of prohibitionists, working tirelessly to ensure patients have access to the relief that traditional therapies fail to provide.

This article was first published on El Planteo.



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