Florida may not have legalized recreational marijuana, but a loophole in the 2018 Farm Bill has made it possible for some companies to sell marijuana-like products, including delta-8 THC. This substance is legal due to the loophole, which allows the growth and sale of hemp with low levels of THC.
Recreational marijuana remains illegal in Florida, as evidenced by the failed passage of Amendment 3 in 2024. However, medical marijuana is legal for residents diagnosed with specific conditions and who have obtained a Medical Marijuana ID Card.
There are also medical avenues available, such as Representative Alex Andrade’s proposed bill, HB 555, which would allow medical marijuana cardholders to grow up to two cannabis plants for personal use. Additionally, the bill would extend medical marijuana card renewals to every two years.
Despite the illegality of recreational marijuana, some companies are selling delta-8 THC products, which are psychoactive but have milder effects than delta-9 THC, the intoxicating component found in marijuana. These products are often refined from cannabidiol (CBD), which is more plentiful in hemp.
However, the sale of delta-8 THC products is not federally regulated, and some have raised concerns about the potential for dangerous chemicals to find their way into consumer products.
In the meantime, Smart & Safe Florida is gathering signatures for a new recreational marijuana amendment to be put on the ballot in the 2026 midterm elections. The proposed amendment would allow adults 21 and older to possess, purchase, or use marijuana for non-medical consumption, while also establishing possession limits and prohibiting marketing and packaging attractive to children.
It’s worth noting that while some communities and municipalities have decriminalized possession of up to 20 grams of marijuana, possession of marijuana without a medical marijuana card or caregiver card can still result in penalties, including fines and imprisonment.
