Summary
- Florida allows medical cannabis possession, transportation, and use
- The state prohibits possession, transportation, and use for other reasons
- Florida weed laws still impose harsh sentences for even small amounts
Florida Weed Laws
As more states pass laws decriminalizing marijuana possession or legalizing its recreational use, the question often arises, “Is weed legal in Florida?” Just under half of the states have legalized cannabis for recreational use, and many people assume Florida, a major tourist hub, is one of them.
Florida takes a middle approach, with cannabis being legal for some purposes — but not all. As such, the state has several criminal statutes that punish people for possessing and using marijuana.
Is Weed Legal in Florida for Medical Purposes?
Is medical weed legal in Florida? Florida voters approved an amendment to the state constitution to legalize medical marijuana in 2016. In response to the amendment, the Florida Department of Health created the Office of Medical Marijuana Use (OMMU) to regulate the production and distribution of medical marijuana.
The OMMU created the Medical Marijuana Use Registry (MMUR) card. Patients must have this card to purchase legal marijuana for medical use from approved cannabis dispensaries. Patients must perform the following steps to obtain treatment using cannabis products:
- Prove they are a permanent or seasonal Florida resident
- Receive a diagnosis of a qualifying medical condition by a qualified physician
- Request entry into the MMUR
- Obtain an MMUR card
The following conditions qualify for entry into the MMUR:
- Cancer, including both treatable and terminal cancers
- Epilepsy
- Glaucoma
- HIV/AIDS
- Post-traumatic stress disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis (MS)
- Conditions comparable to the listed conditions
- A terminal condition diagnosed by a physician
- Chronic nonmalignant pain caused by a listed condition
The state takes roughly 10 days to approve applications. After a patient obtains an MMUR card, they must renew it annually to continue to receive cannabis treatment.
Even though a patient can legally use, possess, or transport marijuana in the state, they can still violate other laws. For example, a driver who is intoxicated by marijuana can still commit a DUI in Florida even though the marijuana was obtained and used legally. Likewise, MMUR card holders cannot use marijuana anywhere visible to the public, including their vehicles, in a violation analogous to open container laws.
Is Weed Legal in Florida for Recreational Use?
Florida does not have any laws allowing non-medical marijuana. In other words, non-medical marijuana is the only approved form of marijuana allowed in Florida. Any other form, including marijuana legally purchased in another state or country, is illegal.
For example, if a person legally purchases marijuana in Virginia and drives to Florida, they can be arrested by the police and prosecuted under the state’s criminal statutes. Similarly, anyone flying to the state from a nation with legalized marijuana could be arrested and prosecuted when they land.
Penalties for Florida Recreational Weed
Florida did not adjust the drug schedule it uses to define controlled substances. Thus, cannabis remains a Schedule I drug with MDMA, heroin, and LSD. Instead of amending its drug schedule, it adjusted the list of prohibited activities.
Specifically, Florida prohibits the following activities involving cannabis by any person without an MMUR card:
- Sell
- Manufacture
- Deliver
- Possess with intent to sell, manufacture, or deliver
- Purchase
- Transport into the state
- Possess or deliver small personal amounts
The activities relating to trafficking, such as the sale, manufacture, delivery, and possession of large amounts, are usually punished as a third-degree felony punishable by up to five years in prison and up to $5,000 in fines.
The punishments for these activities can be increased to second-degree felonies, punishable by up to 15 years in prison and up to $10,000 in fines when certain enhancing factors apply. These factors include activities in or near the following locations:
- Schools
- Parks
- Community centers
- Recreation centers
- Colleges and universities
- Churches
- Public housing
- Mental health facilities
- Substance abuse treatment centers
Conversely, the punishments for violations involving personal use, such as possession and delivery of small amounts of cannabis products, are usually treated as first-degree misdemeanors. These crimes are punishable by up to one year in jail.
However, offenders convicted of low-level crimes will still have a criminal record. This record could affect the offender’s ability to find employment, rent a home, or obtain a professional license. For example, working as a taxi driver or rideshare driver might be impossible for at least a few years after a drug conviction.
Florida Weed Legalization Efforts
In 2024, Florida voters will have the opportunity to change the state’s marijuana laws. Proposed Amendment 3 to the state constitution will license existing medical marijuana dispensaries to “acquire, cultivate, process, manufacture, sell and distribute marijuana products” to adults over 21.
If approved, Amendment 3 will effectively decriminalize the possession, use, or transportation by adult consumers of up to three ounces of marijuana or up to five ounces of concentrate. In other words, the police will not be able to arrest anyone for the possession of “personal amounts” of marijuana.
Instead, they will need to focus on any illegal actions that accompany use, just as they do with alcohol. Just as alcohol is legal but driving under the influence or with an open container is illegal, adult marijuana use will be legal, but driving while stoned will remain illegal.
Likewise, a marijuana user will remain liable for any injuries or property damage they cause while stoned. For example, a stoned driver who causes a fatal car accident will probably be liable to the victim’s family.
Learn More From ConsumerShield
Unfortunately, a conviction for marijuana possession, use, or distribution can ruin an offender’s life. ConsumerShield is dedicated to educating people about their rights and helping them find a lawyer if they run afoul of the law. Contact us for a free case evaluation and a lawyer referral.
