Is Weed Legal In Florida? (Florida Marijuana Laws)

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Is Weed Legal In Florida - Is Marijuana Legal In Florida - Florida Weed Laws - Florida Marijuana Laws

Is weed legal in Florida? 

In this article, you’ll learn about:

  • is recreational marijuana legal in Florida
  • Florida medical marijuana laws
  • how is weed legal in Florida (when you can use it)
  • criminal charges for recreational weed
  • criminal charges for driving while under the influence
  • recent Bills that have been shut down for Florida marijuana laws

Let’s dig in.

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Is Weed Legal In Florida?

Wondering, “Is weed legal in Florida?”

Medical marijuana is legal in Florida.

And patients need a medical card to buy marijuana in Florida.

But, recreational marijuana is not legal in Florida.

Florida law carries heavy penalties for illegal marijuana possession and sale. 

Possession of small amounts of marijuana in Florida is illegal.

A “small amount” gets defined as 20 grams or less of weed.

Getting caught with a small amount of weed is a misdemeanor in Florida.

Getting a misdemeanor for marijuana in Florida is punishable by:

  • a max sentence of one year in prison
  • a max fine of $1,000

Possession of large amounts of marijuana in Florida is illegal.

A “large amount” gets defined as anything above 20 grams of weed in Florida.

Getting caught with a large amount of weed is a felony in Florida.

Getting a felony for marijuana in Florida is punishable by:

  • a max sentence of 5 years in prison
  • a max fine of $5,000

Let’s look at the sale or delivery of marijuana in Florida.

There are three tiers of selling or delivery of marijuana in Florida:

  • within 1,000 feet of a school, college, or park
  • less than 25 pounds
  • less than 20 grams

Let’s say you’re within 1,000 feet of a school, park, or college.

This is a felony punishable by:

  • a max 15-year prison sentence
  • a max fine of $10,000

For a sale or delivery of 25 pounds or less, it’s a felony punishable by:

  • a max 5-year prison sentence
  • a max fine of $5,000

A sale or delivery of 20 grams or less is a misdemeanor punishable by:

  • a max 1-year prison sentence
  • a max fine of $1,000

There are other repercussions for possession of recreational marijuana in Florida.

You can also lose your license to revocation or suspension.

Florida activists continue to fight for the legalization of recreational marijuana in Florida.

They added it to the statewide ballots in 2020 and 2021.

Lawmakers shut down the efforts.

They claimed that petitioners misled voters.

They claimed that they were telling people the ballots legalized marijuana federally.

When Is Marijuana Legal In Florida?

Is weed legal in Florida for recreational usage? 

No, marijuana is only legal in Florida for medical patients.

They have to have a medical marijuana ID card.

And they have to have met the requirements for Medical Marijuana Use Authorization.

This law includes regulations for:

  • user registry
  • caregiver possession
  • treatment centers
  • purchasing consumable marijuana

Under Florida law, it’s illegal to consume marijuana for recreational purposes.

This is the case even if you obtained it legally.

For example, someone with a medical marijuana card bought it legally.

Then, somehow it got transferred to someone else. 

Florida Marijuana Laws

Florida legalized medical marijuana in 2014.

They did this via Compassionate Medical Cannabis Act Act.

This bill was very limited, though.

They only legalized medical weed for cancer and epilepsy patients.

And they only allowed “Low-THC” weed to get legalized.

But, in 2016, voters expanded the Florida weed laws.

They did this by expanding Florida’s list of qualifying conditions for medical marijuana.

The Amendment also added legal protection for:

  • patients
  • caregivers
  • physicians
  • dispensary staff

In 2017, Governor Rick Scott signed Senate Bill 8A into law.

Before this bill, potential patients had to see a physician for 90 days.

After 90 days were up, they could get prescribed medical marijuana.

Senate Bill 8A removed this policy.

And it implemented a new policy for lab testing medical marijuana.

Even with all this going on, it was still illegal to have or use cannabis flowers.

Even if you were using it for medicinal purposes.

Florida lawmakers didn’t legalize the flower until 2019.

Session Bill 182 allowed medical marijuana patients to use the actual flower.

Now, medical marijuana in Florida is legal to have.

Florida residents can get a medical marijuana ID.

They have to have a physician’s recommendation.

The physicians have a limit on how much they can recommend to patients.

They can only recommend three 60-day supplies at a time.

Medical marijuana patients can buy 2.5 ounces every 35 days.

Medical marijuana patients cannot have more than 4 ounces at a time.

And home cultivation is not permitted in Florida.

Is Recreational Weed Legal In Florida

No, recreational weed is not legal in Florida. 

Florida Medical Marijuana Laws

Here are the key takeaways for Medical Marijuana Laws in Florida.

  • You can only buy medical marijuana in Florida at a dispensary. And it has to be in a sealed, tamper-proof container.
  • Medicinal marijuana patients cannot use recreational marijuana in Florida.
  • Even with a medical marijuana card, it’s illegal to buy, have, or use recreational weed in Florida.
  • Medical marijuana must get purchased by you or a caregiver from a dispensary in Florida.
  • It is illegal for you to share your medical marijuana with anyone. Even if they are also medical marijuana patients.
  • Florida Medical Marijuana Laws prohibit you to use the medication in public.
  • It is legal to have medical marijuana in public. But you cannot use it in public.
  • You cannot medicate at work unless your employer approves.
  • It is illegal to take your medical marijuana out of state. Even if the other state allows medical marijuana. Medical weed cannot cross state lines.
  • You have to show your Medical Marijuana Card to the police if they ask for it. You should keep your Medical Marijuana Use Registry identification card on you.
  • Medical weed patients in Florida have to continue to meet the standards to qualify. You must meet with your physician and you must renew your card every year.

Qualifying Conditions For Medical Marijuana In Florida

Any resident of Florida can register as a medical marijuana patient.

Your doctor will need to certify that you qualify.

Qualifying medical conditions for medical marijuana in Florida are:

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Crohn’s disease
  • Parkinson’s disease
  • Multiple sclerosis (MS)
  • Medical conditions of the same kind or class as or comparable to those above
  • Post-traumatic stress disorder(PTSD)
  • Amyotrophic lateral sclerosis (ALS)
  • A terminal condition diagnosed by a physician
  • Chronic nonmalignant pain

The diagnosing physician cannot be the doctor issuing the medical marijuana card.

And, to qualify, the patient must:

  • be a permanent or seasonal resident of Florida
  • get entered into the medical marijuana use registry
  • get a medical marijuana ID card

Updated Weed Laws In Florida

In April of 2022, the House passed a bill to decriminalize marijuana on a federal level.

This bill’s name was, “Marijuana Opportunity Reinvestment and Expungement Act.”

Its purpose was to remove marijuana from the list of scheduled substances.

Marijuana is listed in the Controlled Substances Act of 1970.

This bill would have eliminated the criminal penalty for any of the following:

  • manufacturing of weed
  • distribution of weed
  • possession of marijuana

This bill got to the House where it got voted to pass onto the Senate.

In the House, only three Florida Representatives voted to pass the bill.

The bill updating the weed laws in Florida never made it to the Senate.

Lawmakers and state leaders continue to oppose recreationally legalizing weed in Florida.

Various attempts to legalize marijuana for recreational use have gotten shut down.

Weed Laws In Florida For Driving

Driving under the influence of weed is illegal in Florida.

Even medical marijuana patients need to be careful.

It is illegal to drive under the influence even for medical marijuana patients.

By driving in Florida, one has implied consent to a blood and/or urine test.

Refusing to take a blood and/or urine test is automatically a misdemeanor.

And the punishment can be:

  • a one-year suspended license
  • one year in jail

A second offense for a refusal can lead to a revocation of one’s license for 18 months.

These test results may get used as evidence against you.

But they cannot get used against you in the prosecution for possession.

They only get used for prosecution for driving under the influence of marijuana.

The test can be administered via breath, blood, or urine.

Your first offense of driving under the influence of marijuana in Florida leads to:

  • a max of 6 months in jail
  • a $500-$1,000 fine
  • 180 – 360 days suspended license
  • mandatory 50 hours of community service
  • up to a year of probation
  • 10 days of vehicular impoundment
  • mandatory DUI school

Your second offense, if it’s more than 5 years from your first offense, is:

  • a max of 9 months in jail
  • a $1,00-$2,000 fine
  • 180 – 360 days suspended license
  • mandatory ignition interlock device for one year

Your second offense, if it’s less than 5 years from your first offense, is:

  • mandatory 10 days in jail
  • a $1,000-$2,000 fine
  • 5 years of a suspended license
  • 30 days of vehicular impoundment
  • mandatory DUI school
  • DUI supervision program
  • cannot consume marijuana for one year after getting a license back
  • mandatory ignition interlock device for one year

Your third offense of driving under the influence of marijuana in Florida leads to:

  • 3rd-degree felony
  • mandatory 30 days in jail
  • a $2,000-$5,000 fine
  • 10 years of a suspended license

Your fourth offense of driving under the influence of marijuana in Florida leads to:

  • 3rd-degree felony
  • up to 5 years in jail
  • $5,000+ fine
  • mandatory permanent license suspension

Bills For Florida Weed Laws

FL H0467 – Legalization of Recreational Marijuana

An act relating to legalization of recreational marijuana; amending s. 20.14, F.S.; establishing the Division of Cannabis Management under the Department of Agriculture and Consumer Services; creating ch. 566, F.S., entitled “Recreational Marijuana”;…

03/14/2022: Died in Regulatory Reform Subcommittee

FL H0549 – Legalization of Recreational Marijuana

An act relating to the legalization of recreational marijuana; providing a short title; amending s. 20.165, F.S.; renaming the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation as the Division…

03/14/2022: Died in Regulatory Reform Subcommittee

FL H0551 – Taxes and Fees/Legalization of Recreational Marijuana

An act relating to taxes and fees; creating s. 566.801, F.S.; specifying fees under ch. 566, F.S., for various applications, renewals, and other purposes; creating s. 566.802, F.S.; providing contributions for early approval adult-use dispensing…

03/14/2022: Died in Regulatory Reform Subcommittee

FL H0679 – Cannabis Regulation

An act relating to cannabis regulation; amending s. 381.986, F.S.; revising the course and examination requirements for qualified physicians and medical directors; prohibiting qualified physicians from engaging in certain advertising for their…

03/14/2022: Died in Professions & Public Health Subcommittee

FL H1323 – Pharmaceutical Products Containing Cannabis

An act relating to pharmaceutical products containing cannabis; amending s. 893.03, F.S.; excluding cannabis from Schedule I listing if it is contained within a pharmaceutical product approved by the United States Food and Drug Administration;…

03/14/2022: Died in Criminal Justice & Public Safety Subcommittee

FL H1471 – Availability of Marijuana for Adult Use

An act relating to the availability of marijuana for adult use; amending s. 212.08, F.S.; revising the sales tax exemption for the sale of marijuana and marijuana delivery devices to apply only to purchases by qualified patients or caregivers;…

03/14/2022: Died in Professions & Public Health Subcommittee

FL H1473 – Fees/Cannabis Expunction

An act relating to fees; amending s. 943.0586, F.S., as created by HB 1471; requires applicants for a certificate of eligibility of expunction for certain criminal history records to pay a specified fee to the Department of Law Enforcement…

03/14/2022: Died in Professions & Public Health Subcommittee

FL H1539 – Allow Persons Prescribed Medical Marijuana to Purchase Firearms

Urges Congress to revise federal firearms laws to allow persons who are prescribed medical marijuana to be permitted to purchase firearms.

03/14/2022: Died in Criminal Justice & Public Safety Subcommittee

FL H1585 – Physician Certifications for the Medical Use of Marijuana

An act relating to physician certifications for the medical use of marijuana; amending s. 381.986, F.S.; deleting a requirement that qualified physicians be physically present in the same room as their patients when conducting an examination…

03/14/2022: Died in Professions & Public Health Subcommittee

FL H2915 – Drug-Free America Foundation – Reducing the Use of Marijuana During Pregnancy and Postpartum

An act relating to the Appropriations Project titled Drug Free America Foundation – Reducing the Use of Marijuana During Pregnancy and Postpartum; provides an appropriation; providing an effective date.

03/14/2022: See HB 5001 (line item 476)

FL S0162 – Physician Certifications for the Medical Use of Marijuana

Increasing the number of supply limits of marijuana a qualified physician may issue in a single physician certification for the medical use of marijuana; providing a higher supply limit for certain disabled qualified patients; revising the frequency…

03/14/2022: Died in Health Policy

FL S0164 – Physician Certifications for the Medical Use of Marijuana

Authorizing qualified physicians to perform patient examinations and evaluations through telehealth for renewals of physician certifications for the medical use of marijuana, etc.

03/14/2022: Died in Health Policy

FL S0556 – Medical Marijuana Identification Cards for Service-disabled Veterans

Prohibiting the Department of Health from charging a fee for the issuance, replacement, or renewal of an identification card for the medical use of marijuana for a service-disabled veteran or his or her caregiver if a specified form is included…

03/14/2022: Died in Health Policy

Get Protection From Florida Marijuana Laws

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