Is Weed Legal in Florida? A Guide to the State’s Marijuana Laws
Florida is one of the few states where recreational marijuana remains illegal, while medical marijuana is legal with certain restrictions. Here’s what you need to know about the state’s marijuana laws:
Medical Marijuana: Legal for residents diagnosed with specific conditions who have applied for and received a Medical Marijuana ID Card or caregivers who have received a Medical Marijuana Caregiver Card. The approved conditions include cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, and comparable medical conditions or status.
Recreational Marijuana: Illegal in Florida, with no plans to change the law anytime soon. A proposed amendment to legalize recreational marijuana failed to pass in 2024, but the group behind it is trying again in 2026.
Possession of Marijuana: Without a Medical Marijuana Card, possessing marijuana can result in varying penalties, including jail time and fines. The penalties range from a first-degree misdemeanor (up to one year in jail and a maximum $1,000 fine) for possessing 20 grams or less to a first-degree felony (up to 30 years in jail and a maximum $200,000 fine) for possessing more than 10,000 pounds of marijuana.
Driving Under the Influence of Marijuana: Driving under the influence of marijuana carries the same penalties as drunk driving, including up to six months of jail time, a fine between $500 and $1,000, a license suspension, 50 hours of community service, and a 10-day vehicle impoundment (for the first offense).
Selling Marijuana: Only licensed medical marijuana dispensaries may sell marijuana in the state of Florida. Selling marijuana without a license can result in severe penalties, including up to 30 years in jail and a maximum $200,000 fine.
Low-THC Products: Products like delta-8, delta-9, delta-10, and THC-O, which are derived from hemp and contain lower levels of THC, are sort-of legal in Florida under the 2018 federal Farm Bill. However, they remain federally illegal, and the Florida Legislature has banned delta-8 and delta-10 products.
It’s important to note that many communities and municipalities in Florida have decriminalized possession of up to 20 grams of marijuana, meaning that if you’re caught with pot, you’ll likely receive a fine instead of being arrested. However, it’s still important to follow the state’s laws and regulations regarding marijuana use and possession.
