Need assistance getting a cannabis business license? Schedule a Free Consultation
Happy 4/20 day, for all who celebrate. But make sure you know what you’re getting into before you light up.
Saturday is 4/20, the international holiday to celebrate and consume cannabis. Even if we don’t know for sure why we call it 4/20, many Floridians will use the time to consume a fair amount, festivals will be held across the globe and deals will abound at marijuana dispensaries and even some savvy restaurants.
Is it legal, though? For most of the people smoking, vaping, and edible-ing in the Sunshine State, it is most definitely not.
Here’s what you need to know about marijuana laws in Florida.
Is marijuana legal in Florida?
Yes, but only for some people.
Marijuana is legal in Florida for people diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card.
Is recreational marijuana legal in Florida?
No.
That might change if enough voters approve the recreational marijuana amendment that will be on the ballot in the November general election, but for now, it remains illegal.
4/20 ahead:Where does Florida rank on list for best cities for weed?
Is medical marijuana legal in Florida?
Yes. In 2016, Florida voters overwhelmingly supported the Florida Medical Marijuana Legalization Initiative referendum, which expanded the existing limited state medical marijuana program from only terminal patients to include more patients.
The qualifying conditions for medical marijuana are currently:
- Cancer
- Epilepsy
- Glaucoma
- HIV (human immunodeficiency virus)
- AIDS (Acquired immune deficiency syndrome)
- PTSD (post-traumatic stress disorder)
- ALS (amyotrophic lateral sclerosis)
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis
- Comparable medical conditions or status to the above
- A terminal condition
- Chronic nonmalignant pain
The Florida Legislature banned smokable medical marijuana and THC vaping but reversed the bans in 2019.
What is the difference between medical marijuana and recreational marijuana?
How it’s sold, and how legal it is.
Recreational marijuana, or adult-use marijuana, is for adults 21 and older to use for fun instead of for medical reasons. There is rarely any difference in quality between recreational and medical marijuana, according to Good Rx, although medical marijuana must undergo a stricter and more controlled process.
Can I smoke medical marijuana in public?
Nope. Medical marijuana users are prohibited from using their weed in any public place, on any public transportation, in their place of employment unless the boss is cool with it, in a correctional institution, on school grounds (unless administered by school district personnel), or in a school bus, vehicle, aircraft, or motorboat.
In some cases, you may publicly use “low-THC cannabis not in a form for smoking,” according to Florida Statutes.
Is it legal to possess weed in Florida?
Without a Medical Marijuana Card (or Medical Marijuana Caregiver Card, for people assisting medical marijuana patients who are minors or who need help), if you are caught with pot, you may face penalties under Florida Statutes:
- Possessing 20 grams or less: first-degree misdemeanor, up to one year in jail and maximum $1,000 fine.
- Possession of paraphernalia: Misdemeanor, up to one year in jail and maximum $1,000 fine.
- Possessing marijuana within 1,000 feet of a school, college, park or other specified areas: Felony, mandatory three-year sentence and maximum $10,000 fine.
- Possessing from 20 grams: to 25 lbs: Felony, up to five years in jail and maximum $5,000 fine.
- Possessing from 25 to 2,000 lbs of marijuana: First-degree felony, from three to 15 years in jail and $25,000 fine.
- Possessing from 2,000 to 10,000 lbs of marijuana: First-degree felony, from seven to 30 years and $50,000 fine.
- Possessing more than 10,000 lbs of marijuana: First-degree felony, from 15 to 30 years and $200,000 fine.
However, many communities and municipalities have decriminalized possession of up to 20 grams or marijuana, meaning if you’re busted you’ll get a fine (which will go up each time) and you may be required to attend a drug education program or do community service.
Areas that have decriminalized pot include Alachua County, Broward County, Cocoa Beach, Hallandale Beach, Key West, Miami Beach, Miami-Dade County, Orlando, Osceola County, Palm Beach County, Port Richey, Sarasota, Tampa, Volusia County, and West Palm Beach County.
Is it legal to sell weed in Florida?
Only licensed medical marijuana dispensaries may sell marijuana in the state of Florida. Even if the proposed recreational amendment passes, you still would have to buy your weed at licensed dispensaries.
People charged with selling marijuana can face the following:
- 25 grams or less, without renumeration: Misdemeanor, maximum 1 year in jail, $1,000 fine.
- 20 grams to 25 lbs: Felony, maximum 5 years in jail, $5,000 fine.
- 25 to less than 2,000 lbs or 300-2,000 plants: Felony, three to 15 years, maximum $25,000 fine.
- 2,000 to less than 10,000 lbs or 2,000-10,000 plants: Felony, seven to 30 years, maximum $50,000 fine.
- 10,000 lbs or more: Felony, 15 to 30 years, maximum $200,000 fine.
- If within 1,000 feet of a school, college, park, or other specified areas: An additional 3-15 years, $10,000 fine
Is it legal to grow marijuana in Florida?
Only for state-licensed growers. It is illegal for anyone else, even those eligible for medical marijuana, to grow their own plants. Anyone found with marijuana plants can be charged with a felony and will face the following penalties:
- Fewer than 25 plants: 5 years in jail, $5,000 fine.
- 25 – 30 plants: 15 years in jail, $10,000 fine.
- 300 – 2,000 plants: 3-15 years in jail, $25,000 fine.
- 2,000 – 10,000 plants: 7-30 years in jail, $50,000 fine.
- 10,000 plants or more: 15-30 years in jail, $50,000 fine.
- If within 1,000 feet of a school, college, park, or other specified areas: An additional 3-15 years, $10,000 fine.
Are low-THC products like delta-8, delta-9, delta-10 or THC-O legal in Florida?
Assorted different types of so-called “diet weed” cannabinoids such as delta-8, delta-9, delta-10 and THC-O, which are derived from hemp and not marijuana and contain lower levels of THC, are sort-of legal here under the 2018 federal Farm Bill that allows farmers to grow industrial hemp.
However, they remain federally illegal and this year the Florida Legislature passed a bill, SB 1698, that effectively bans delta-8 and delta-10 products and places a 5-milligram-delta-9 concentration limit per serving. Once signed, the law will go into effect Oct. 1, 2024.
Can you get a DUI in Florida on marijuana?
Yes. Drivers under the influence of drugs, including marijuana, face the same penalties as drunk drivers in Florida. That ranges from 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) to up to five years in prison, up to $5,000 in fines, lifetime license revocation and more for the fourth offense.
Penalties go up fast if there is a minor in the vehicle or you cause property damage, injury or death.
Does Florida accept medical marijuana cards from other states? What about weed I bring from states where it’s legal?
No. According to the Florida Department of Health, Florida does not offer reciprocity when it comes to medical marijuana cards, and if you bring any in from other states you can get busted for it.
What is the recreational marijuana amendment in Florida?
Under a proposed constitutional amendment on the November general election ballot, anyone 21 years old and up could use and possess up to three ounces of marijuana with not more than five grams in a concentrated form (with assorted restrictions) and it could be sold through marijuana dispensaries without the need for a medical marijuana card.
Marijuana possession, sales, transportation and use would still be against federal law, however.
Is weed federally legal?
No, marijuana remains on the list of controlled substances as far as the federal government is concerned.
However, on Oct. 6, President Joe Biden announced he was pardoning people with federal convictions for simple possession of marijuana, USA TODAY reported. The president’s pardon also blocked future federal prosecutions for simple possession.
In December he went a step further and issued a federal pardon to every American who has used marijuana in the past, including those who were never arrested or prosecuted. The pardons do not apply to people who violated state law and do not forgive anyone jailed for selling pot or driving under the influence, but they were intended to help people overcome barriers to employment, educational opportunities and housing.
