Florida maintains a divided approach to cannabis law, allowing regulated medical marijuana use while recreational weed remains illegal statewide. Patients with qualifying conditions can legally access medical cannabis through licensed treatment centers, but possession outside the medical system can still carry criminal penalties, despite some local decriminalization efforts. This page explains Florida’s current marijuana legality, including medical cannabis rules, recreational restrictions, possession limits, and how pending ballot initiatives could reshape state law. For readers who want to see how Florida’s cannabis laws compare nationwide, explore our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in Florida
1. Medical Marijuana in Florida
Legal Status
- Legal since: November 2016, through Amendment 2
- Voter approval: 71%
- Regulated by: Florida Department of Health – Office of Medical Marijuana Use (OMMU)
Eligibility
- Patients must be diagnosed with a qualifying medical condition, such as:
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- PTSD
- ALS
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis
- Terminal illness or chronic nonmalignant pain
Process
- Obtain a qualified medical professional’s recommendation.
- Sign up for a Medical Marijuana Use Registry account.
- Receive a Medical Marijuana Use Identification Card
- Buy cannabis from Medical Marijuana Treatment Centers (MMTCs) that have been licensed.
Approved Forms
- Edibles
- Oils and tinctures
- Capsules and sprays
- Vaporizers
- Smokable flower (permitted since 2019)
2. Recreational Marijuana in Florida
Legal Status
- Currently illegal statewide
Penalties
- Possession under 20 grams: Misdemeanor
- Up to 1 year in jail
- $1,000 fine
- 1 year probation
- Possession over 20 grams: Felony with harsher penalties
Local Decriminalization
Some local governments have enacted civil citation programs:
- Cities/Counties: Miami-Dade, Tampa, Orlando, Key West
- Police may issue fines instead of arrests for minor possession
3. 2024 Ballot Initiative for Legalization
Proposed by: Smart & Safe Florida
Backed by: Trulieve (Florida’s largest MMTC)
Key Points of the Proposal
- Adults 21+ could legally possess and use cannabis
- Would regulate recreational marijuana similarly to alcohol
- Requires 60% voter approval in statewide election
Conclusion
- Medical marijuana is legal and regulated
- Recreational marijuana remains illegal, though local reforms and pending initiatives may change that landscape in the near future.
