Florida’s Cannabis Laws Explained: Is Weed Legal in Florida?

VAPE GUIDEs

VAPE TIPS

VAPE HELP

Is Weed Legal in Florida?

Cannabis laws in Florida are among the more conservative in the United States. While medical marijuana is legal, recreational cannabis remains illegal. That said, public opinion is shifting, and legal reform may be on the horizon. Here’s everything you need to know about the legal status of cannabis in Florida, including what’s permitted, what’s restricted, and what you risk if you break the rules.

Medical Cannabis: Legal with Conditions

Florida legalised medical marijuana in 2016 through Amendment 2, passed by over 70% of voters. The programme allows patients with certain qualifying conditions to access cannabis products through a regulated system.

Who Qualifies?

Patients must be diagnosed with a qualifying condition such as:

  • Chronic pain

  • Cancer

  • Epilepsy

  • Multiple sclerosis

  • PTSD

  • HIV/AIDS

  • Parkinson’s disease

  • Crohn’s disease

Doctors must be certified by the state and add patients to the Medical Marijuana Use Registry. Once approved, patients receive a medical marijuana ID card.

What Forms Are Allowed?

  • Capsules

  • Oils and tinctures

  • Vapourisers

  • Edibles

  • Smokable flower (legalised in 2019 for medical patients)

Home cultivation is not allowed, even for medical patients.

Where Can You Buy?

Licensed dispensaries across the state sell cannabis products to approved patients. As of 2025, over 800,000 Floridians are registered in the programme.

Recreational Use: Still Illegal

Cannabis for recreational use remains fully illegal in Florida. You cannot legally:

  • Possess cannabis without a medical card

  • Grow your own cannabis

  • Smoke in public places

  • Buy or sell recreational weed

That said, some counties and cities (e.g. Miami-Dade, Orlando, Tampa) have decriminalised possession of small amounts. This means you may face a civil fine instead of criminal charges, depending on local enforcement policies.

Penalties for Cannabis Offences

Florida law still enforces criminal penalties for cannabis possession, sale, and cultivation outside of the medical programme.

1. Possession (without medical authorisation):

  • 20 grams or less: Misdemeanour, up to 1 year in jail and a $1,000 fine

  • Over 20 grams: Felony, up to 5 years in prison and $5,000 fine

2. Cultivation:

  • Growing cannabis at home is illegal, even for medical users.

  • Cultivation is a felony, with penalties of up to 5 years in prison and fines, depending on quantity and intent.

3. Sale or Intent to Sell:

  • Selling without a licence is a felony.

  • Penalties range from 5 to 15 years in prison, depending on the amount and proximity to schools or public places.

4. Driving Under the Influence (DUI):

  • Driving while under the influence of cannabis is illegal.

  • First offence: fine up to $1,000, up to 6 months in jail, and licence suspension.

CBD and Low-THC Products

CBD products derived from hemp (less than 0.3% THC) are legal and widely available across Florida, thanks to the 2018 federal Farm Bill.

  • You can buy CBD oil, gummies, creams, and other products without a prescription.

  • Products must meet state labelling and testing requirements.

However, smokable hemp flower is regulated more strictly, and local authorities may treat it like marijuana depending on how it’s packaged and sold.

Public Attitudes and Future Legalisation

Support for legalising recreational cannabis in Florida is strong. Multiple polls show 60–70% of residents support full legalisation. But efforts to get legalisation on the ballot have faced delays:

  • A 2022 ballot initiative was struck down by the Florida Supreme Court over language issues.

  • New efforts are underway for a 2024 ballot measure, led by advocacy groups and cannabis companies.

If passed, it would legalise recreational cannabis for adults over 21 and allow licensed retail sales. However, Florida’s political leadership has been resistant to these changes.

In Summary:

  • Medical marijuana is legal for qualified patients with a state-issued card.

  • Recreational cannabis is still illegal, but small-scale possession is decriminalised in some areas.

  • CBD products are legal and widely available.

  • Penalties for unlicensed possession, sale, or cultivation remain significant.

Florida may not be fully green yet, but it’s headed in that direction. Until then, cannabis use outside the medical system remains a legal risk.