Cannabis Laws in Florida

Legal status at a glance

Florida permits the medical use of cannabis by registered patients through the state's Medical Marijuana Use Registry, operated by the Office of Medical Marijuana Use (OMMU) within the Florida Department of Health ^[1]. Adult (recreational) use remains illegal under state law.

Possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Possession of more than 20 grams is a third-degree felony, punishable by up to five years in prison ^[2] Strong evidence. Possession of any amount of cannabis concentrate is a felony under Florida statute 893.13.

This article is informational and is not legal advice. Laws change, enforcement varies by county, and federal law still classifies cannabis as a Schedule I controlled substance. Consult a Florida-licensed attorney for advice on your specific situation.

How Florida got here

In 2014, Florida legalized low-THC 'Charlotte's Web'-style cannabis for a narrow set of conditions under the Compassionate Medical Cannabis Act (SB 1030) ^[3]. Voters then approved Amendment 2 in November 2016 with 71% support, adding a constitutional right for qualifying patients to use medical cannabis ^[4] Strong evidence.

The legislature implemented Amendment 2 through SB 8A in 2017, creating the current Medical Marijuana Treatment Center (MMTC) system. A controversial provision banned smokable flower; that ban was repealed in 2019 after a lawsuit and a change in governors ^[5].

In November 2024, Amendment 3 — which would have legalized recreational cannabis for adults 21+ — received roughly 56% support but failed to clear Florida's 60% threshold for constitutional amendments ^[6]. As a result, adult-use cannabis remains illegal.

Medical cannabis program

Who qualifies. Florida law lists qualifying conditions including cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn's disease, Parkinson's, multiple sclerosis, and terminal conditions, plus 'medical conditions of the same kind or class' at a physician's discretion, and chronic nonmalignant pain caused by a qualifying condition ^[1][7].

Getting a card. A patient must be a Florida resident (seasonal residency is allowed with documentation), be evaluated in person by a physician registered with the OMMU, and then apply to the state registry. Initial recommendations are valid for up to 210 days (three 70-day supply orders), after which the patient must be re-evaluated.

Purchase limits. Non-smokable forms are capped at a 70-day supply set by the recommending physician, subject to statutory daily and 35-day limits. Smokable flower is capped at 2.5 ounces per 35-day period unless a patient receives a physician waiver ^[1].

Vertical integration. Florida is one of the few states that requires MMTCs to grow, process, and dispense their own product. This has been criticized for limiting competition and keeping prices high ^[8] Strong evidence.

What's still illegal

• Recreational possession, sale, or cultivation. Even for cardholders, sale or transfer to another person is illegal.
• Home grow. Florida does not permit patients to cultivate cannabis at home. All product must be purchased from a licensed MMTC.
• Driving under the influence. Florida has a per-se DUI statute for impairment; there is no THC blood-level threshold, so any detectable impairment can support a charge ^[2] Strong evidence.
• Public consumption. Smoking medical cannabis in public places is prohibited; vaping is also restricted under the Florida Clean Indoor Air Act.
• Federal land and employment. National parks, federal buildings, and most federally regulated workplaces (DOT, federal contractors) prohibit cannabis regardless of state card status.

Possession of cannabis paraphernalia is a first-degree misdemeanor. A drug conviction in Florida also triggers a mandatory two-year driver's license suspension under section 322.055, even if the offense did not involve driving ^[2].

Local decriminalization

Several Florida cities and counties have passed local ordinances allowing officers to issue civil citations (typically $100) instead of making an arrest for small-amount possession. These include Miami-Dade County, Broward County, Palm Beach County, Orlando, Tampa, Key West, and others ^[9] Strong evidence.

Important caveats: local ordinances do not change state law. Officers retain discretion to arrest under state statute, and state prosecutors can still file charges. Practice varies significantly by jurisdiction and even by individual officer.

Hemp, CBD, and Delta-8

Florida legalized hemp and hemp-derived products in 2019 following the federal 2018 Farm Bill, defining hemp as cannabis with no more than 0.3% delta-9 THC ^[10]. This created a large, lightly regulated retail market for CBD, delta-8 THC, and other hemp-derived cannabinoids sold in gas stations and smoke shops.

In 2023 the legislature passed SB 1676, adding testing, labeling, and packaging rules, and banning sales to anyone under 21. A broader 2024 bill (SB 1698) that would have effectively banned delta-8 and capped THC in hemp products was vetoed by Governor DeSantis ^[11]. As of mid-2024, hemp-derived intoxicants remain legal in Florida but the regulatory picture is unstable and likely to change.

Recent and upcoming changes

• November 2024: Amendment 3 (adult-use legalization) failed at 55.9%, below the 60% required ^[6].
• 2024: Governor DeSantis vetoed SB 1698, leaving hemp-derived THC products on the market ^[11].
• 2023: SB 1676 tightened hemp packaging and added a 21+ age limit.
• 2019: Smokable flower ban repealed; hemp legalized.

Legalization advocates have signaled intent to return to the ballot in 2026. Until then, expect continued legislative attention to hemp-derived cannabinoids and possible incremental changes to the MMTC license cap.

Last verified: June 2024. Check the OMMU and Florida Statutes Chapter 381 and 893 for current rules before relying on anything in this article.

Sources

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