Is Weed Legal in Florida? The Answer is Complicated
Florida is one of the states where marijuana is still illegal for recreational use, but it is legal for medical use with certain restrictions. Here’s a breakdown of the state’s marijuana laws:
Recreational Marijuana: No, recreational marijuana is not legal in Florida. In 2024, an amendment to make recreational marijuana legal in the state failed to pass, falling short of the required 60% threshold.
Medical Marijuana: Yes, medical marijuana is legal in Florida, but only for residents who have been diagnosed with a specific set of conditions and have 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 chronic nonmalignant pain.
Possession of Marijuana: Without a Medical Marijuana Card, possession of marijuana can result in varying penalties, including jail time and fines. The penalties vary depending on the amount of marijuana possessed, with larger quantities carrying more severe penalties.
Driving Under the Influence of Marijuana: Yes, driving under the influence of marijuana is illegal in Florida and carries the same penalties as driving under the influence of alcohol.
Selling Marijuana: Only licensed medical marijuana dispensaries are allowed to sell marijuana in Florida. Selling marijuana without a license can result in severe penalties, including fines and imprisonment.
Low-THC Products: Products containing delta-8, delta-9, delta-10, and THC-O, which are derived from hemp and contain lower levels of THC, are technically legal in Florida under the 2018 federal Farm Bill. However, the Florida Legislature has passed a bill banning delta-8 and delta-10 products, but it was vetoed by the governor.
In summary, while medical marijuana is legal in Florida with certain restrictions, recreational marijuana is still illegal. Possession and sale of marijuana without a license are also illegal and can result in severe penalties.
