Florida

Florida Marijuana Laws

Current Legality State
Medical Program Only
Jump to…
Is Cannabis Legal In Florida?
Florida Qualifying Conditions
How to get a medical marijuana card in Florida​
Frequently Asked Questions​

Florida State Information Page

  • Medical marijuana legalization only
  • Not decriminalized statewide; there is local decriminalization in some areas.
  • Possession of recreational marijuana is not allowed: possession of a 70-day supply of medical marijuana products is legal for medical patients.
  • Florida medical marijuana laws state that home cultivation is illegal, even for a medical marijuana patient.

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Is Cannabis Legal In Florida?

Medical marijuana use is legal in Florida, and there is a complete medical program established within the state. Recreational cannabis, however, is still illegal under state and federal law. While marijuana has yet to be decriminalized statewide in Florida, law enforcement in other cities and counties that have approved decriminalization ordinances are Miami Dade County (2015), Hallandale Beach (2015), Key West (2015), West Palm Beach (2015), Volusia County (2016), Osceola County (2016), Alachua County (2016), Port Richey (2016), Cocoa Beach (2019), and Sarasota (2019)

State Laws and Offenses

Here’s a list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Florida. 

  • Marijuana is a Schedule I controlled substance under the Florida legislature
  • Under federal law, cannabis is still considered a Schedule I Controlled Substance and is not legal for recreational use.
  • Personal marijuana use possession is punishable by a maximum fine of 1,000 USD and one year or less of incarceration by law enforcement
  • Intent to sell below twenty grams is a misdemeanor punishable by a maximum fine of 1,000 USD and up to a year of jail time.
  • Intent to sell above 20 grams of cannabis is a Felony punishable are up to five years of incarceration and civil citations with fines up to 200,000 USD.
  • Possession of drug paraphernalia for personal use is a Misdemeanor with a maximum of one year jail time and a 1,000 USD fine with possible community service


Find Florida Dispensaries Nearby

Florida Qualifying Conditions For Medical Marijuana

Florida qualifying conditions for a medical marijuana card are:

  • Amyotrophic lateral sclerosis (ALS)
  • Cancer
  • Crohn’s disease
  • Chronic nonmalignant pain
  • Epilepsy
  • Glaucoma
  • HIV/AIDS (human immunodeficiency virus)
  • Multiple sclerosis
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Seizures
  • Acquired immune deficiency syndrome
  • Terminal condition (any terminal condition diagnosed with no more than twelve months to live)
  • Other debilitating medical conditions of the same kind as those mentioned previously

How to get a medical marijuana card in Florida

1.

Book An Appointment

You will schedule an appointment to see a medical marijuana doctor in Florida at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.

2.

Evaluation

Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.

3.

Approval

Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Florida to complete the registration process.

When does my Florida medical card expire?

Your medical card expires one year from when the doctor completes this registration. This is generally within 24 hours after the evaluation appointment.


Get a Florida Medical Marijuana Card

Florida marijuana DUI laws

Driving under the influence of cannabis is illegal, even in states with a medical marijuana program. When operating a motor vehicle in Florida, the driver automatically consents to a blood or urine test with the Florida Department of Transportation.

The state department considers a refusal to allow testing for medical cannabis a misdemeanor offense and could be punished by a one-year suspended license and one year in jail; a subsequent offense could revoke one’s driver’s license for eighteen months and a third offense will result in the maximum sentence and fines.

Florida marijuana growing laws

Home cultivation is illegal in Florida. Qualifying patients must source medical marijuana use from state-approved dispensaries.

Florida public consumption laws

Home cultivation is illegal in Florida. Qualifying patients must source medical marijuana use from state-approved dispensaries.

Florida public consumption laws

According to the state of Florida’s marijuana laws, it is illegal to administer medical marijuana:

  • By smoking raw cannabis
  • By transferring medical marijuana to a person other than the qualified patient
  • On any form of public transportation
  • In any public space
  • In a qualified patient’s place of employment, if restricted by the employer.
  • In a state correctional institution
  • On the grounds of a preschool, primary school, or secondary school
  • On a school bus or in a vehicle, aircraft, or motorboat.

Florida city specific laws

The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.

Frequently Asked Questions

How many Florida voters support cannabis legalization? 

Approximately 75 percent of Florida voters supported the legalization of cannabis for medical use in their state. 

Is smokable medical marijuana legal in Florida?

Yes. A bill in March 2019 to allow smokable medical marijuana to be sold in licensed treatment centers to a medical marijuana patient with a medical marijuana card.

Can I use a vape pen in Florida?

Under Senate Bill 182, marijuana devices that can be inhaled are legal in the state of Florida from qualified medical marijuana treatment centers.

How do I get a medical marijuana card in Florida??

To qualify for a registry identification card to legally purchase marijuana, you must meet the following qualifications:

  • For medical marijuana in Florida, residents must be 18 years of age or older or be a minor patients with parental consent.
  • Be diagnosed with a qualifying medical condition per the state’s Department of Health.
  • As medical marijuana patients, you’ll need the official written certification from a qualified physician to be prescribed medical marijuana.
  • Be a Florida resident with proof of residency, pay the application fee, and join the medical marijuana use registry with the Office of Medical Marijuana.
  • A military veteran must follow the same procedures as any other resident in the state of Florida. Acquiring a medical cannabis card in Florida requires a formal diagnosis by a qualified physician issuing Post-traumatic stress disorder or other qualifying chronic symptoms.

Cannabis Policy Reform Timeline

1933: Marijuana was banned in Florida due to federal prohibition.

2014: Low THC cannabis oil was legalized for qualifying medical conditions. 

2014: Florida legislatures legalized access to medical marijuana with the Compassionate Medical Cannabis Act.

2016: Florida residents voted to expand cannabis programs through constitutional Amendment 2. 

2017: Lawmakers expanded the list of qualifying conditions for qualified patients through the state’s medical marijuana registry. 

2019: Cannabis flower was legalized for patients via Session Bill 182. Patients with a prescription from a licensed physician can utilize consumer services to obtain medical marijuana from licensed Florida dispensaries. 

Some of the Current Cannabis Bills in Florida

Learn more about Cannabis legalization in Florida:

Updated 6.14.2022

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