Is Marijuana Legal in Florida?

is weed legal in florida
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For a state that’s only legalized medical cannabis, Florida has grown and evolved its industry to become one of the most advanced in the country. In terms of sales revenue, the Florida cannabis market generated over $1.3 billion in 2020, the third-highest nationwide. This is no surprise as Florida has been a case study for states looking to legalize medical cannabis for years.

Read on as we explore the key details about Florida’s marijuana laws and how they have contributed to its thriving medical cannabis industry.

Is weed legal in Florida?

Unfortunately, recreational weed is not currently legal in Florida. Only medical marijuana is legal.

When will weed be legal in Florida?

There are no indications of when weed will become legal in Florida. However, like many other states, there are bills and proposals by lawmakers and advocates seeking to change this as soon as they can.

Are edibles legal in Florida?

No, edibles are illegal in Florida since they mostly fall under adult use.

Is medical marijuana legal in Florida?

Yes, medical cannabis is legal in Florida. The state has a thriving medical marijuana industry that generates well over $1 billion in sales annually. 

How to get medical marijuana in Florida

To get medical marijuana in Florida, you’ll need to visit one of the over 200 state-licensed dispensaries across the state. However, only duly registered patients with medical marijuana cards can purchase medical marijuana from dispensaries in Florida.

Can I go to a dispensary without a card in Florida?

No, you cannot. It is in fact a legal requirement to have a medical marijuana card when you visit a licensed dispensary in Florida.

How long does it take to get your medical card in Florida?

It takes approximately 10 days from the date of application to receive your medical marijuana card in Florida. Patients however need to be approved by their medical marijuana doctor before they can apply for the marijuana card.

Does Florida accept out-of-state MMJ cards?

Unfortunately, Florida does not currently accept out-of-state medical marijuana cards. However, it allows seasonal residents to be assessed and register for a marijuana card in the state. Interestingly, some states accept Florida’s medical marijuana cards in their dispensaries.

Marijuana bills/laws in Florida & key questions

Florida’s journey with legal marijuana dates back to 2014 when the Compassionate Medical Cannabis Act was passed by state lawmakers. The goal was to allow seriously ill patients with cancer or epilepsy to use low-THC cannabis. Consequently, the state’s Department of Health created the Office of Compassionate Use (OCU) to manage Florida’s medical cannabis program.

In 2015, the Florida Right to Try Act was signed into law by Governor Rick Scott. This law effectively allowed physicians to use experimental treatments or medicines not approved by the FDA on seriously ill patients. By March 2016, the passage of HB 307 meant that low-THC and medical cannabis were added to a list of approved experimental medicines.

The most notable event in Florida’s marijuana legalization history is perhaps when voters approved Florida Medical Marijuana Legalization Initiative via the ballot. Also called Amendment 2, this initiative was passed in November 2016. The initiative essentially created broader legislation for medical marijuana in the state and expanded the previously limited list of qualifying conditions.

How much marijuana can I have in Florida? (in oz)

Medical marijuana doctors can prescribe up to a limit of 2.5 ounces over a 35 day period. Doctors may also choose to prescribe less than this limit. However, at any given time, patients are not allowed to possess more than 4 ounces of smokeable marijuana. Medical marijuana patients in Florida are also prohibited from transferring or gifting cannabis products to other patients or adults.

Is Marijuana decriminalized in Florida?

Unfortunately, marijuana has not been decriminalized in Florida.

Is there a fine or penalty for marijuana possession in Florida?

Yes. For instance, possession of fewer than 20 grams in Florida is considered a misdemeanor and punishable by up to a year in jail and a $1000 fine.

How many cannabis plants per household in Florida? 

Unfortunately, Florida does not currently permit the cultivation of marijuana plants by patients or their caregivers at home.

Florida dispensaries regulations

The Office of Medical Marijuana Use (OMMU) is responsible for licensing and regulating dispensaries in Florida.

Florida growers regulations

Again, the OMMU is the regulatory authority for the cultivation of cannabis for medical purposes in Florida.

Closing thoughts

Florida’s flourishing medical cannabis market highlights all the benefits that legalizing marijuana can offer to states. However, it also showcases the many limitations that the state should be seeking to fix. For example, recreational use of marijuana, as well as home cultivation even for medical marijuana patients, remains illegal in the state.

We are NOT legal advisers. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice, should not be construed as legal advice nor relied upon as such.