Florida’s marijuana laws remain divided between a robust medical program and a strict prohibition on recreational use. While access for qualified patients continues to expand, non-medical possession and use still carry criminal penalties, creating a complex legal environment for residents and visitors alike.
Medical marijuana: eligibility and certification
Florida’s medical cannabis program operates under a constitutional amendment and state statutes that authorize licensed physicians to certify patients with qualifying conditions. These conditions include cancer, epilepsy, PTSD, HIV/AIDS, chronic non-malignant pain, multiple sclerosis, ALS, Crohn’s disease, Parkinson’s disease, and other comparable debilitating illnesses. Physicians must complete state-required training and register the patient in the Medical Marijuana Use Registry before issuing an official recommendation.
Once registered, patients apply for a Medical Marijuana Use Registry identification card through the Department of Health. This ID card is required to legally purchase, possess, or consume medical cannabis from licensed Medical Marijuana Treatment Centers (MMTCs). Patients must renew their card periodically and maintain ongoing treatment relationships with their certifying physicians.
Purchase limits and product categories
Florida sets purchase caps to regulate medical cannabis use. For smokable marijuana, patients are generally limited to 2.5 ounces over a 35-day period, with an overall possession cap of 4 ounces at any given time. Non-smokable products—such as edibles, oils, tinctures, capsules, and vaporizer cartridges—fall within a rolling 70-day supply limit based on physician recommendations and statewide dosage rules.
Home cultivation is not permitted. All legal cannabis for medical use must be purchased through state-licensed MMTCs that undergo rigorous testing and quality-control oversight.
Consumption rules and public restrictions
Even with a medical cannabis card, patients cannot consume marijuana anywhere they choose. State law prohibits use in most public spaces, including on streets, sidewalks, parks, beaches, and public transportation. Smoking is especially restricted and is typically limited to private residences or other areas where smoking is allowed. Low-THC or non-smokable products may have slightly more flexibility in certain public contexts, but overall, public consumption is discouraged and often illegal.
Employers are not required to accommodate cannabis use in the workplace, and many maintain drug-free policies. Patients may request reasonable accommodations in some situations, but workplace protections remain limited.
Driving under the influence of marijuana is illegal and treated with the same seriousness as alcohol-related DUIs. Law enforcement can conduct impairment assessments, and penalties may include fines, license suspension, and possible jail time.
Recreational marijuana: still prohibited
Despite growing public support for adult-use legalization, recreational marijuana remains illegal in Florida. Possession without a medical card is charged under state drug statutes. Holding 20 grams or less of cannabis is a misdemeanor punishable by up to one year in jail and a fine, while possession of more than 20 grams is a felony that can lead to prison time and higher financial penalties. Concentrates and cannabis-derived oils often carry even harsher criminal classifications.
Hemp, CBD, and emerging challenges
Hemp-derived products containing less than 0.3% delta-9 THC are legal under state and federal law, though Florida enforces strict rules on testing, packaging, and sales to minors. Regulatory agencies have increased inspections and enforcement to ensure that intoxicating hemp products—such as delta-8 or delta-10 THC—do not exceed legal thresholds or target underage buyers.
The road ahead
Efforts to legalize adult-use cannabis continue through ballot initiative campaigns and advocacy groups working to place amendments before voters. While these efforts face significant regulatory and political hurdles, the debate over recreational legalization remains active.
For now, Florida’s cannabis landscape remains strictly medical-only, with carefully defined rules for patients and clear criminal penalties for unlicensed possession.