Florida Cannabis Laws and Regulations
Located in the southeast between the Atlantic and the Gulf of Mexico, Florida is the third most populated state in the US and home to over 21 million residents. Famously known as the “Sunshine State,” Florida’s beaches and world-renowned attractions are popular destinations for visitors and current residents alike. Home to Walt Disney World, SeaWorld, Universal Resort, Everglades National Park, Busch Gardens, the Salvador Dali Museum, Miami's Art Deco Historic District, the Kennedy Space Center, and Key West, Florida is one of the most popular vacation destinations in the country.
The state of Florida has a booming medical cannabis industry, bringing in over $1.2 billion in revenue in 2020 alone. Florida counts over 699,000 medical marijuana patients and has approximately 396 medical marijuana treatment center locations to date.
Since establishing the medical cannabis program in 2017, several measures have been proposed to legalize adult-use cannabis and sales or to decriminalize possession of cannabis. Proponents attempted to qualify an initiative for the 2022 November election. Still, the Florida Supreme Court ruled that the ballot language selected for the initiative was misleading and disqualified the initiative measure.
A measure is now scheduled for the November 2024 election. However, the initiative's opponents argue that voters wouldn't understand that cannabis would remain federally illegal regardless of the vote.
Is Weed Legal in Florida?
YES, but only for medicinal purposes in the state of Florida, for people with a licensed FL medical marijuana card.
Weed Legalization in Florida
The consumption of cannabis has been legal for medicinal use in the state of Florida since 2015.
Recreational cannabis has been illegal in Florida since the 1930s when the Tampa Bay Times and other Florida newspapers rallied support of prohibition by blaming a local murder on cannabis use. Since then, cannabis possession has carried harsh penalties.
In 1978, the Florida legislature attempted to establish the Therapeutic Research Program, a medical cannabis program for patients with cancer and glaucoma, but it never became operational. A Florida court case (Jenks v. State) in the 1990s helped move the medical cannabis effort forward when it ruled in support of AIDS patients growing cannabis.
In 2012, two bills were introduced, one in the House and one in the Senate, to legalize medical marijuana in Florida, but neither bill was voted on. It wasn’t until 2014 that Florida Governor Rick Scott would legalize low-THC cannabis for medicinal use with the Compassionate Medical Cannabis Act. Florida defines low-THC cannabis as having no more than 0.8% THC and more than 10% CBD.
After passing the Compassionate Medical Cannabis Act, individual jurisdictions slowly began reducing penalties for possession of cannabis. During this time, advocates also began pushing for the expansion of the current medical marijuana program in Florida to allow for medical cannabis with higher THC. In 2016, the Right To Try Act was passed, and the laws in Florida were expanded to allow terminal patients to use medical cannabis. It was also in 2016 that voters passed Amendment 2, with 71.3% in favor of legalizing higher THC medical cannabis but banning smokable cannabis. In 2017, SB8A was passed, creating a regulatory framework for medical cannabis as passed under Amendment 2. Florida eventually repealed the ban on smokable cannabis in 2019 after it was ruled unconstitutional.
While recreational cannabis is still illegal in Florida, several bills have been introduced since 2021 to either decriminalize cannabis possession or legalize adult-use cannabis sales. At the beginning of 2022, SB1696 was introduced to legalize the sale and tax of adult-use cannabis, but the bill died in the Committee on Health Policy.
The newest attempt to legalize recreational cannabis in Florida comes in the form of a ballot initiative set for the November 2024 general election. Voters can expect to vote on Amendment 3 this upcoming election to legalize the sale and possession of up to two ounces for individuals 21 and over. If approved, this initiative would go into effect six months after approval.
Stay tuned for updates!
Where to Buy Legal Weed in Florida
Once you're approved for a Florida medical marijuana card, you'll be able to purchase cannabis at a licensed medical marijuana treatment center (MMTC). Registered medical marijuana patients and caregivers in Florida are only permitted to purchase products from state-licensed facilities.
Medical marijuana patients under 18 years of age must have their medical cannabis bought and administered by their registered caregiver. Minor medical marijuana patients are not permitted to smoke medical cannabis unless their physician recommends it.
In the state of Florida, medical cannabis products sold to a qualified registered patient are tax-exempt.
Is Cannabis Delivery Available in Florida?
YES, but only for medicinal purposes in the state of Florida, for people with a licensed medical marijuana card. Licensed medical marijuana treatment centers can deliver cannabis products to medical marijuana patients 24 hours a day.
Where Can You Legally Use Weed in Florida?
Cannabis can be legally used in the following areas in Florida:
🗹 Private properties such as residences
Cannabis CANNOT be consumed in:
X Public spaces
X Motorized vehicles in motion, for both driver and passengers
Cannabis must be stored in a closed container and kept in a locked glove compartment or trunk while on the road or in a location with public access.
Additionally, employers, landlords, cities, and towns may implement their own policies about the use of both medical and recreational cannabis.
What are the Restrictions on Cannabis Possession in Florida?
For individuals without a med card, possession of 20 grams of cannabis or less is a misdemeanor of the first degree, punishable by up to one year in jail and a maximum fine of $1,000. The same penalties can apply to medical cannabis patients if they:
- possess more medical cannabis than allotted by their recommending physician
- possess, administer, or use cannabis from a non-state-approved source
- give their, or for caregivers their patient's, medical cannabis to another person
- use cannabis in an unapproved place.
Breaking these rules can result in the patient or caregiver's use being classified as non-medical, opening them to the standard criminal charges.
Possession of more than 20 grams not in compliance with state law is a felony that carries 5 to 30 years in jail and fines ranging from $5,000 to $200,000 or more, depending on the amount and severity of the offense.
For medicinal use:
The purchase limit for cannabis flower is 2.5 ounces in any rolling 35-day period. Florida medical marijuana patients can possess up to 4 ounces of smokable cannabis at a time. The law states that a physician can request an exception to this limit from the Department if they feel it is medically necessary. After submitting the proper form and documentation, the OMMU will approve or deny the request within 14 days.
Smokable cannabis must be recommended by a patient's qualifying physician. Qualified physicians may not issue a certification for more than three 70-day supply limits of non-smokable medical cannabis or more than six 35-day limits of smokable flower. The limits for non-smokable cannabis products are as follows:
- Edibles are permitted for up to 60mg of THC per day and 4,200mg for a 70-day supply
- Vaporization is limited to 350mg of THC per day and 24,500mg for a 70-day supply
- Oral methods like capsules and tinctures are limited to 200mg of THC per day and 14,000mg for a 70-day supply
- Sublingual methods are limited to 190mg of THC per day and 13,300mg for a 70-day supply
- Suppository purchases are limited to 195mg of THC per day and 13,650 for a 70-day supply
- Topical purchases are limited to 150mg of THC per day and 10,500mg for a 70-day supply.
In total, medical patients in Florida may purchase no more than 24,500mg of THC in any form other than smokable flower in a 70-day period.
Growing cannabis is illegal in the state of Florida, even for medical marijuana patients and caregivers. Only licensed medical marijuana treatment centers can grow cannabis.
During vehicular transportation:
- Cannabis may either be in a sealed container, or
- Stored in the trunk of the vehicle
Have Questions About Getting a Medical Card in Florida?
Learn more about medical cannabis in Florida with our extensive set of patient resources:
