By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed June 18, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
On marijuana laws, Florida is a study in contrasts. Florida law still classifies cannabis as a Schedule I drug, yet the state has a thriving, popular, and legal medical marijuana program. Recreational marijuana is illegal, yet many Florida municipalities issue citations instead of arrest warrants for minor cannabis possession violations.
While the governor of Florida is a staunch opponent of marijuana legalization, it's the voters who will decide in November 2024 whether adult recreational personal use cannabis should be legal in the state. With the potential of huge changes on the horizon, it's more important than ever to understand Florida marijuana laws.
In this article, we'll examine how Florida's medical cannabis program works, the penalties you can face for violating state marijuana laws, and what the future of adult recreational use of marijuana here might be.
Possession of marijuana in Florida that isn't for medical use is illegal. As of May 2024, marijuana still carries a Schedule I drug classification, which is the same as it has on the federal level. Given that Schedule I drugs are said to have "no medicinal value," but Florida has a robust medical marijuana system, this is a contradiction.
Regardless, possession of cannabis in Florida by someone who is not part of the Marijuana Medical Use Registry (MMUR) is a crime. Even first-time offenders can face fines and jail time for simple possession. Even a minor charge can become a blight on your legal record, so consider seeking a skilled criminal defense attorney if you find yourself in trouble.
While you should do everything possible to mitigate risk, some parts of the state have chosen to take a decriminalization approach instead. For example, if you're guilty of simple possession of small amounts of marijuana in Orlando and are a first-time offender, law enforcement can give you a citation and a $100 fine instead of charging you. It's still better to err on the side of caution and not carry in public, if possible.
While some states allow medical marijuana patients to grow cannabis plants for personal use, Florida is not one of them. Having marijuana plants on your property may expose you to trafficking and other felony charges.
In November 2024, Florida Amendment 3 is on the ballot. After the Florida Supreme Court voided a legalization initiative in 2022, Smart and Safe Florida gathered over 900,000 valid signatures to qualify for the 2024 ballot. The initiative proposes the following:
The Florida Legislature will also be able to enact further laws to regulate the adult-use system. This initiative won't supersede the federal prohibition on cannabis, allow cultivation, or expunge prior convictions.
The laws on legal marijuana may be forever changed in the state of Florida. The initiative needs 60% of voters to vote yes to pass the amendment.
Absent approval of Amendment 3, the only legal way to buy, possess, and use cannabis in Florida is to be a medical marijuana patient. Medical marijuana use became legal after the passage of Florida Amendment 2 in 2016. There is an annual fee of $75 to renew your Medical Marijuana Use Registry Identification Card. Find more information at the Office of Medical Marijuana Use (OMMU) site.
Qualified medical marijuana patients can buy products at state-registered Medical Marijuana Treatment Centers. Some will even deliver your order. To become a qualified patient in the state, you must be:
Caregivers can also get a medical marijuana card and make medical marijuana purchases. Physician can get certification to write prescriptions for medical marijuana through a state course. Qualifying medical conditions include:
Physicians must renew prescriptions every seven months. The amount of marijuana patients can buy is broken up into either 35- or 70-day supply limits. Some examples are:
CBD products with low THC are also available.
The table below lists some of the charges you may face for marijuana law violations in Florida. Keep in mind that driving under the influence of marijuana will carry the same punishments as an alcohol-caused DUI. For a deeper dive into the statutes surrounding cannabis, take a look at FindLaw's Cannabis Law section.
| Relevant Florida marijuana codes | Florida statutes Title XLVI - Crimes, Chapter 893 — Drug Abuse Prevention and Control |
|---|---|
| Is marijuana legal in Florida? |
|
| Illegal possession penalties |
|
| Illegal sale/transfer penalties |
|
| Trafficking penalties | All sentencing pursuant to sentencing guidelines:
|
Note: State laws are subject to change through the passage of new legislation and rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any particular state law(s) you are reviewing.
Marijuana remains a controversial topic across the country, and recreational use remains illegal under Florida and federal law. If you or someone you love has been arrested for a marijuana-related crime or want more information surrounding medical marijuana in Florida, your best move is to contact an experienced criminal defense attorney near you today.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Florida attorneys offer free consultations for Drug Crime.