Florida’s marijuana and hemp industries are poised for significant change in 2026. Over the next year, critical questions will be resolved regarding the state’s response to impending federal restrictions on hemp-derived products and whether a revived adult-use marijuana ballot initiative will finally clear Florida’s high constitutional threshold. The outcomes of these developments could reshape Florida’s cannabis landscape for years to come.
At the same time, potential federal rescheduling of marijuana may provide long-awaited relief to the industry, while Florida’s tightly controlled medical marijuana market could see long-delayed expansion. Together, these forces make 2026 one of the most consequential years in Florida’s cannabis history.
Florda Hemp Law Changes in 2026: Federal Restrictions and State Responses
On November 12, 2025, President Trump signed H.R. 5371 into law (the “Act”), dramatically narrowing the federal definition of hemp. Under the Act, intoxicating hemp-derived cannabinoid products intended for human consumption are excluded from the definition of hemp and are treated as marijuana under federal law. With the federal law taking effect on November 12, 2026, Florida has less than one year to decide its response. Florida’s legislature could use the 60-day session beginning on January 13, 2026, to align state law with federal definitions, a move that would ban most consumable hemp products currently available. Alternatively, the state could adopt the federal stance with specific carve-outs to protect products like THC-infused beverages, or simply do nothing, leaving Florida’s hemp in conflict with federal law. Regardless of the state’s chosen path, the practice of shipping intoxicating hemp products directly to consumers is expected to end by the Act’s effective date unless the federal law is further delayed or modified.
Florida Adult-Use Marijuana Ballot Initiative
For the 2026 election cycle, the adult-use marijuana initiative financed by Trulieve has returned, seeking to surpass the 60% approval threshold that it narrowly missed by approximately 4% in 2024. To qualify for the 2026 ballot, the petition must obtain 880,062 valid signatures verified by February 1, 2026.
As of early January 2026, state records show 675,307 verified signatures, roughly 204,000 short of the requirement. On December 29, 2025, the sponsor, Smart & Safe Florida, filed a lawsuit challenging the state’s rejection of roughly 71,000 signatures, which included petitions from “inactive” voters and those collected by out-of-state workers. This follows an earlier failed legal challenge to the invalidation of roughly 200,000 other signatures, which the sponsor chose not to appeal in favor of pursuing new collections.
If the signature threshold is met, the Florida Supreme Court (the “Court”) must clear the initiative’s language. Florida Attorney General James Uthmeier recently petitioned the Court for an opinion, filing an initial brief in opposition that argues the initiative is flawed. This adversarial stance contrasts with the 2016 cycle, when then-Attorney General Pam Bondi did not formally challenge the medical marijuana initiative, citing the Court’s prior 2014 ruling. Despite this opposition, given that the 2026 proposal maintains much of the language from the 2024 version, which the Court approved in a 5-2 decision, the current Court composition is likely to deem the initiative valid for the 2026 ballot if sufficient signatures are secured.
The ultimate success of the initiative depends on meeting the state’s high 60% voter approval threshold. While the 2024 attempt reached approximately 56% support, it faced an aggressive opposition campaign from the Governor’s office that utilized state funds. However, new legislation now prohibits the use of public funds for such advocacy. Thus, the 2026 outcome will be driven by private-sector funding, messaging effectiveness, news media coverage, and the dynamics of voter turnout.
Florida Medical Marijuana Market Expansion
Beyond the headlines of legalization, Florida’s existing medical marijuana market is poised for long-awaited growth. Under 2017 state law, the Department of Health is mandated to issue four new Medical Marijuana Treatment Center (MMTC) licenses for every 100,000 additional patients added to the registry. Although the program now boasts approximately 930,000 active patients, MMTC license issuance has been delayed for years. While the Department announced 22 new license winners in late 2024, legal challenges from unsuccessful applicants have stalled the process. With a final hearing for these consolidated cases currently pending, 2026 is anticipated to be the year that these new licenses are finally issued, significantly expanding the market participants in Florida.
The 2026 outlook for Florida’s cannabis and hemp sectors points towards a year of significant transition driven by new federal laws and shifting state dynamics. While the hemp industry faces potential contraction due to restrictive federal definitions, the marijuana market is poised for growth through both the resolution of long-standing MMTC licensing delays and the potential approval of the adult-use ballot initiative. Ultimately, the Florida legislature and voters in 2026 will decide the fate of the hemp and marijuana industries in the state. Click here to subscribe to our blog to stay ahead of the evolving cannabis landscape as we progress into 2026.
