Is Weed Legal in Florida?

Is weed legal in Florida?

Florida allows medical marijuana under a 2016 constitutional amendment (F.S. 381.986), run by the Department of Health's Office of Medical Marijuana Use. Recreational cannabis remains illegal; a 2024 ballot measure won 55.9% support but fell short of Florida's 60% supermajority requirement. Vertically integrated Medical Marijuana Treatment Centers (MMTCs) are the only businesses licensed to cultivate, process, and dispense marijuana. Hemp is separately legal and regulated by the Department of Agriculture under F.S. 581.217, capped at 0.3% delta-9 THC, with hemp extract (including inhalable forms) sold subject to testing, labeling, and an age-21 sale restriction.

Official sources F.S. 893.13 Prohibited acts; penalties (Florida Legislature) 1 · F.S. 381.986 Medical use of marijuana (Florida Legislature) 2 · F.S. 381.986 – Medical Use of Marijuana 3 · Office of Medical Marijuana Use – Florida Department of Health 5 · F.S. 581.217 – State Hemp Program 6 · Florida Division of Elections, Nov. 5, 2024 General Election Official Results 7 · Florida Constitution, Art. XI, § 5(e) 8

Recreational (adult-use) cannabis

Adult-use (recreational) cannabis is illegal in Florida. A 2024 ballot initiative, Amendment 3, received 55.9% voter support but failed to meet the state's 60% supermajority requirement for constitutional amendments, so no recreational program exists.

Official sources F.S. 893.13 Prohibited acts; penalties (Florida Legislature) 1 · F.S. 381.986 – Medical Use of Marijuana 3 · Office of Medical Marijuana Use – Florida Department of Health 5 · Florida Division of Elections, Nov. 5, 2024 General Election Official Results 7 · Florida Constitution, Art. XI, § 5(e) 8

Medical marijuana program

Florida's medical marijuana program, created by 2016's Amendment 2 and codified at F.S. 381.986, requires patients to be diagnosed by a qualified physician with a listed condition (cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain, a terminal condition, or a comparable condition), be entered into the Medical Marijuana Use Registry, and obtain a Registry ID card for a $75 fee, renewed annually. Marijuana is dispensed only by vertically integrated MMTCs, and physicians may conduct renewal exams via telehealth.

How to get a medical marijuana card

Official sources F.S. 381.986 Medical use of marijuana (Florida Legislature) 2 · F.S. 381.986 – Medical Use of Marijuana 3 · Medical Marijuana Use Registry Identification Cards – OMMU 9 · General FAQ – Office Of Medical Marijuana Use 10

Possession limits

Recreational possession is illegal statewide. Possessing 20 grams or less of cannabis is a first-degree misdemeanor; larger amounts escalate through felony tiers with mandatory minimum sentences. Registered medical patients may possess up to a 70-day supply of marijuana as authorized by their physician certification, with smokable marijuana capped at the greater of 4 ounces or a department-approved higher amount, and a 35-day smoking supply capped at 2.5 ounces. Edibles are capped at 200 mg THC per package.

Official sources F.S. 381.986 Medical use of marijuana (Florida Legislature) 2 · F.S. 893.13 – Prohibited Acts; Penalties 11

Buying cannabis

Only qualified patients and registered caregivers holding an active Medical Marijuana Use Registry ID card may purchase marijuana, and only from a licensed Medical Marijuana Treatment Center. Patients under 18 cannot purchase directly; only their caregiver may do so. There is no recreational retail market. Hemp extract products may only be sold by properly permitted businesses and not to anyone under 21.

Official sources F.S. 381.986 – Medical Use of Marijuana 3 · Florida Office of Medical Marijuana Use (PDF: 64ER22-8-Dosing-and-Supply-Limits-for-Medical-Marijuana.pdf) 12

Growing cannabis at home

Home cultivation of marijuana is not permitted for patients or caregivers; all medical marijuana must be purchased from a licensed Medical Marijuana Treatment Center. Only licensed MMTCs may cultivate marijuana, and must do so indoors in an enclosed structure, subject to security and seed-to-sale tracking requirements. Caregivers may assist with a patient's marijuana use but may not grow it themselves.

Official sources F.S. 381.986 Medical use of marijuana (Florida Legislature) 2 · F.S. 381.986 – Medical Use of Marijuana 3

Penalties

Possessing 20 grams or less of cannabis is a first-degree misdemeanor (up to 1 year jail, $1,000 fine); larger amounts and plant counts escalate through felony tiers with mandatory minimum sentences up to 15-30 years and fines up to $200,000. DUI law is impairment-based with no numeric per se THC limit; a first conviction carries a $500-$1,000 fine and up to 6 months imprisonment, rising for repeat convictions.

Official sources F.S. 893.13 – Prohibited Acts; Penalties 11 · Florida Statutes (Online Sunshine) 4 · F.S. 381.986 – Medical Use of Marijuana 3

Product rules: CBD, delta-8 and hemp

Allowed medical marijuana forms include smoking, vaping, edibles, and other physician-authorized delivery devices. Edibles are capped at 200 mg THC per package and 10 mg per serving, with no more than 15% potency variance. Packaging must be sealed, plain, opaque, and child-warning labeled, and bear the marijuana universal symbol; advertising may not target children or promote recreational use.

Federal hemp change: from December 11, 2026 the federal definition of hemp counts total THC, including THCA, and final hemp products with more than 0.4 mg of total THC per container are no longer hemp; products with cannabinoids the plant cannot naturally produce stop counting as hemp on November 12, 2026. What changes, state by state (P.L. 119-37 § 781; P.L. 119-103 § 2019).

Official sources F.S. 381.986 – Medical Use of Marijuana 3 · F.S. 581.217 – State Hemp Program 6 · Florida Statutes (Online Sunshine) 13

Cannabis taxes

Medical marijuana and marijuana delivery devices are specifically exempt from Florida's sales and use tax under F.S. 212.08(2)(l). Florida has no separate cannabis excise tax, cultivation tax, or authorized local cannabis tax, and since there is no recreational market, the state collects no cannabis tax revenue.

Official source Florida Statutes (Online Sunshine) 14

Cannabis business licensing

Florida licenses vertically integrated MMTCs that must handle cultivation, processing, and dispensing together; applicants are merit-scored rather than chosen by lottery, and must show 5 years of Florida business registration. New MMTC licenses are issued on a formula of four per each additional 100,000 registered patients. Local governments may ban dispensing facilities by ordinance, and facilities must sit at least 500 feet from schools. Lab testing for contaminants and potency is required.

Official sources Office of Medical Marijuana Use – Florida Department of Health 5 · F.S. 381.986 – Medical Use of Marijuana 3

Visiting Florida?

• Buying as a visitor: Recreational sales are not legal in Florida.
• Out-of-state medical cards and visiting patients: Florida does not recognize other states' medical marijuana cards; only Florida residents, including seasonal residents who keep a temporary residence and live in the state at least 31 consecutive days a year, may register as patients or caregivers and buy from a Florida medical marijuana treatment center (MMTC).
• Federal land and airports: cannabis remains illegal in national parks and on other federal land even in states where it is legal, and TSA refers any illegal substance found at airport screening to law enforcement. Do not cross state lines with cannabis.

Official sources F.S. 381.986 – Medical Use of Marijuana 3 · General FAQ – Office Of Medical Marijuana Use 10 · National Park Service – Shenandoah: alcohol and marijuana policy 15 · TSA – What can I bring? Medical marijuana 16

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