Adults only (18+)

Legal Status of Cannabis in Florida

Cannabis is not legal for recreational use in Florida. Under state law, possession, sale or cultivation of cannabis for non-medical purposes remains a criminal offence. Possession of 20 grams or less is considered a misdemeanour and can result in up to one year in jail, a fine of up to $1,000, or both. Possession of more than 20 grams is treated as a felony with significantly harsher penalties. While a few cities and counties have passed local ordinances allowing police officers to issue civil citations instead of arresting individuals for small amounts, these policies do not override state law and are applied at the discretion of law enforcement.

Medical Cannabis in Florida

Florida has legalised the use of cannabis for medical purposes through the state’s medical marijuana programme. This was approved by voters in 2016 through Amendment 2, which expanded the qualifying conditions and made medical cannabis more widely accessible. Patients with a valid qualifying condition such as cancer, epilepsy, multiple sclerosis, chronic nonmalignant pain or post-traumatic stress disorder may apply for a medical marijuana card. This card allows access to licensed dispensaries where medical cannabis products are sold in various forms including oils, tinctures, capsules and vapouriser cartridges. Smoking cannabis flower was initially prohibited under the programme but was legalised for medical use in 2019 following a legal challenge and new legislation.

How the Medical Programme Works

Patients must be residents of Florida and obtain certification from a licensed physician registered with the state’s medical marijuana use registry. Once approved, they receive a medical marijuana identification card issued by the Florida Department of Health. This card must be renewed annually and is required to purchase any cannabis product from a state-licensed medical marijuana treatment centre. Medical cannabis is subject to strict regulations, including dosage limits and packaging requirements. It remains illegal to use medical cannabis in public or operate a vehicle while under its influence.

Recreational Use and Possession Laws

Despite some public support and repeated legislative efforts, Florida has not legalised recreational cannabis. Possession of cannabis without a medical card remains illegal and is actively enforced throughout most of the state. Being caught with even a small amount can lead to arrest and a criminal record, although some jurisdictions have adopted citation programmes for first-time or low-level offences. The sale or distribution of cannabis without a licence is considered a felony and carries the risk of substantial prison time, particularly when involving larger amounts or activity near schools or parks.

CBD and Hemp Products

Hemp-derived CBD products are legal in Florida, provided they contain no more than 0.3 percent THC by dry weight. This change followed the federal legalisation of industrial hemp in 2018 and the passage of state legislation aligning Florida law with federal standards. CBD products are widely available in shops, supermarkets and wellness stores across the state. These include oils, gummies, creams and pet supplements. However, such products are not regulated as medicines and may vary in quality and labelling. Consumers are advised to purchase CBD from reputable suppliers who provide third-party testing and compliance information.

Cannabis Cultivation in Florida

Cultivating cannabis at home is illegal for both recreational and medical users. Only licensed medical marijuana treatment centres are permitted to grow cannabis under Florida law. Patients and caregivers are not allowed to cultivate their own plants, even if they are using cannabis legally with a medical card. Illegal cultivation is treated as a felony and can lead to arrest, property seizure and prosecution. Proposed legislation to permit limited home cultivation for medical users has been introduced in the past but has not passed into law.

Cannabis and Driving

Driving under the influence of cannabis is illegal in Florida and treated similarly to drink-driving offences. Law enforcement may conduct roadside sobriety tests if impairment is suspected. A medical marijuana card does not provide a defence for impaired driving. Cannabis must also be stored securely and not be accessible to the driver during transport. Violations can lead to fines, licence suspension or imprisonment. Tourists and out-of-state patients are not permitted to use medical cannabis unless they have a valid Florida-issued medical marijuana card.

Tourist Information and Federal Law

Florida’s cannabis laws apply to all residents and visitors. Tourists are not allowed to purchase or use cannabis in the state unless they are registered in the Florida medical marijuana programme. Possessing cannabis without a medical card is illegal and can result in legal penalties. It is also important to note that cannabis remains illegal under federal law. This creates potential complications at airports, national parks and federal buildings located in Florida. Travellers should avoid carrying cannabis across state lines or attempting to bring it onto flights, even between states where it is legal.

Future of Cannabis in Florida

There is increasing public support for recreational cannabis legalisation in Florida. Advocacy groups and lawmakers have proposed ballot measures and legislative bills aimed at legalising adult-use cannabis, but none have yet succeeded in passing. The next opportunity for voters to weigh in on the issue may come in a future election cycle. Meanwhile, the state’s medical cannabis programme continues to grow, with more physicians participating and patient numbers rising steadily. While Florida has taken steps toward a more regulated approach, recreational cannabis remains illegal and subject to enforcement under state law.

In Summary

Cannabis is not legal for recreational use in Florida. Possession without a medical marijuana card can result in criminal charges. Medical cannabis is available through a state-regulated programme for qualifying patients and must be purchased from licensed dispensaries. Cultivation is illegal, and driving under the influence is a punishable offence. CBD products derived from hemp are legal if they contain less than 0.3 percent THC. Tourists are not allowed to use or purchase cannabis unless registered under Florida’s medical programme. While public opinion may be shifting, cannabis remains tightly regulated and illegal for non-medical use across the state.