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Is Marijuana Legal in Florida?

jennifer williams cbd content writer
Jennifer Williams
February 24, 2023
Evidence Based
This post has 4 references

Marijuana is a hot topic of debate throughout the country. As more states move towards legalizing the drug, Florida has been slow to jump on board. With the growing acceptance of marijuana use for medicinal and recreational purposes, many residents are wondering: is marijuana legal in Florida? The answer isn’t simple. 

There are conflicting laws regarding medical marijuana, decriminalization and adult-use recreational law in this state, making it difficult for people to know exactly what’s allowed and what’s not. 

In this blog post, we will provide an overview of marijuana laws in Florida so that you can make informed decisions about whether or not to use cannabis in this state.

Yes, weed is legal in Florida. As of January 2019, medical marijuana is legal in the state of Florida. However, recreational marijuana is still not legal.

Florida law about marijuana

In November 2016, Florida voters approved a ballot initiative to legalize the use of marijuana for medicinal purposes. The new law went into effect on January 3, 2017. However, the law does not allow for the recreational use of marijuana.

Possession of small amounts of marijuana for personal use is still a crime in Florida, punishable by up to a year in jail and a fine of up to $1,000. However, first-time offenders may be eligible for a “diversion” program that includes drug education and treatment, rather than jail time.

sale or cultivation of marijuana remains illegal in Florida. Violators may be charged with a felony and face up to five years in prison and a fine of up to $5,000.

The legal status of marijuana in Florida is changing rapidly, so it’s important to stay up-to-date on the latest developments. For more information, please visit our blog post Is Marijuana Legal in Florida?

Penalties for Possession of Weed in Florida

Possession of 20 grams or less of marijuana is a first-degree misdemeanor in Florida, punishable by up to one year in jail and a fine of $1,000. 

Possession of more than 20 grams is a third-degree felony, punishable by up to five years in prison and a fine of $5,000. Sale or possession with intent to sell any amount of marijuana is also a third-degree felony. 

Trafficking in marijuana is a second-degree felony, punishable by up to 15 years in prison and a fine of $10,000 for trafficking 25 pounds or less. For trafficking more than 25 pounds of marijuana, the penalties increase to a mandatory minimum sentence of three years in prison and a fine of $25,000.

As of November 2016, medical marijuana is legal in Florida. However, the state has not yet implemented a comprehensive system for distributing medical marijuana. This means that patients who wish to use medical marijuana must obtain it from another state.

The Florida Department of Health is responsible for regulating the use of medical marijuana in the state. They have established a Medical Marijuana Use Registry and issued guidelines for physicians who wish to prescribe medical marijuana.

Patients who are approved for medical marijuana must have one of the following qualifying conditions: cancer, epilepsy, glaucoma, HIV/AIDS, Crohn’s disease, post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), multiple sclerosis (MS), Parkinson’s disease, or terminal illness.

Medical marijuana can only be used in forms that are not smoked. This includes oils, edibles, tinctures, and topical creams. Smoking medical marijuana is still illegal in Florida.

How Much Marijuana Can Medical Patients Possess?

In Florida, medical marijuana patients are allowed to possess up to 2.5 ounces of usable marijuana. This is the equivalent of about 70 grams. Patients are also allowed to possess up to 4 ounces of concentrated marijuana, which is the equivalent of about 113 grams.

How to Get a Medical Marijuana Card in Florida

In order to get a medical marijuana card in Florida, you must be a resident of the state and have a valid ID. You will also need to obtain a doctor’s recommendation for medical marijuana. Once you have these things, you can apply for a medical marijuana card through the Florida Department of Health.

Can You Consume Medical Marijuana in Public in Florida?

In Florida, medical marijuana is only legal for qualified patients with a valid MMJ card. Public consumption of cannabis is still illegal, even for medical users. 

This means that patients are not allowed to smoke or vape in public places, including on sidewalks, in parks, or in businesses. However, some localities have passed ordinances that allow for designated smoking areas in certain public places.

Patients are also not allowed to consume edibles in public, as the smell of cannabis can be easily detectable and may cause problems for those who do not wish to be exposed to it. If you must consume your medicine while out in public, it is best to do so discreetly to avoid any potential issues.

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Can You Drive After Consuming Medical Marijuana in Florida?

In Florida, medical marijuana is legal for certain qualified patients with a physician’s recommendation. However, it is still illegal to operate a motor vehicle while under the influence of marijuana. If you are a qualified patient and have been recommended medical marijuana by a physician, you should be aware of the risks of driving after consuming cannabis.

Marijuana can affect your ability to drive safely. The effects of marijuana on driving skills vary depending on the individual, but can include:

  • Impaired ability to pay attention to the road
  • Slowed reaction time
  • Drowsiness
  • Increased anxiety

If you are going to use medical marijuana, it is important to be aware of how it will affect your ability to drive. It is always best to err on the side of caution and not get behind the wheel if you feel that your skills may be impaired in any way.

Delta-8 THC is a cannabinoid that is similar to THC, the active ingredient in marijuana. However, delta-8 THC is less potent than THC and does not produce the same psychoactive effects. Delta-8 THC is legal in Florida, but only when it is derived from hemp plants.

Is Weed Decriminalized in Florida?

In 2016, Florida voters passed a ballot initiative known as Amendment 2, which legalized the use of medical marijuana for certain qualified patients. 

However, the amendment did not decriminalize the possession or sale of marijuana for recreational purposes. So, while medical marijuana is legal in Florida, recreational marijuana remains illegal.

In Florida, marijuana is still illegal for recreational use. However, there are some exceptions when it comes to medical marijuana. In 2016, Florida voters passed a constitutional amendment that legalized medical marijuana for patients with certain qualifying conditions.

So, while growing weed is not technically legal in Florida, there are some loopholes that allow for it. For example, if you have a valid medical marijuana prescription, you are allowed to grow up to six plants for personal use. 

Additionally, many people grow cannabis illegally but don’t get caught or punished due to the low priority that law enforcement gives to this type of crime.

Marijuana laws in Florida

The future of marijuana in Florida is hazy at best. While some lawmakers are pushing for legalization, others are content to keep the status quo. The reality is that no one really knows when (or if) weed will be legal in Florida. The best we can do is look at the current landscape and make an educated guess.

Right now, there are two main camps when it comes to marijuana in Florida: those who want it legalized and those who don’t. The pro-legalization camp includes a growing number of Floridians, as well as some lawmakers. 

This group believes that marijuana should be regulated and taxed like alcohol, and they point to the many medical benefits of the drug. They also argue that legalization would put a dent in the black market for marijuana, and they say that it’s time for Florida to catch up with other states that have already legalized the drug.

The anti-legalization camp, on the other hand, argues that marijuana is a dangerous drug with no place in society. They point to the negative health effects of smoking weed, and they worry that legalization would make it more accessible to minors. They also believe that tax revenue from legal marijuana would be outweighed by the costs of regulating the drug.

At this point, it’s impossible to say which side will eventually prevail. What we do know is that the debate over marijuana in Florida is likely to continue for many years to come.

Cannabis is still illegal under federal law, but some states have legalized it for medicinal or recreational use. In Florida, medicinal use of marijuana is legal, but recreational use is not. Possession of small amounts of marijuana for personal use is a first-degree misdemeanor in Florida, punishable by up to one year in jail and a $1,000 fine. 

However, possession of 20 grams or less of marijuana is a felony if the person has been previously convicted of certain drug offenses. The penalties for possession of larger amounts of marijuana depend on the amount possessed and the person’s prior criminal history. 

Can I get a cannabis card in Florida?Yes, if you have a qualifying condition as determined by a licensed physician. Patients with cancer, HIV/AIDS, epilepsy, glaucoma, post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating medical conditions as determined by the Department of Health are eligible to receive a medical marijuana card.

Despite marijuana not being legal in Florida, that has never stopped people from using it. In fact, marijuana is one of the most commonly used drugs in the state. 

This is because Florida has a high rate of drug use overall, and marijuana is readily available. Additionally, many people view marijuana as a less harmful drug than other substances, such as alcohol or tobacco.

Despite its illegal status, there are a number of ways to obtain marijuana in Florida. For example, it can be purchased from dealers, grown privately, or obtained through medical marijuana programs. Additionally, some people may turn to the black market to buy marijuana.

The penalties for possessing or selling marijuana vary depending on the amount involved and the person’s prior criminal history. However, even first-time offenders can face up to a year in jail and a $1,000 fine.

Marijuana Legalization in the United States

Marijuana is still illegal under federal law, but the tide is turning in favor of legalization. Several states have already legalized marijuana for recreational use, and many more are considering doing so. The movement to legalize marijuana has been gaining steam in recent years, and it seems inevitable that eventually marijuana will be legal nationwide.

This issue is especially relevant in Florida, where medical marijuana is already legal. However, there is still a lot of confusion about the laws surrounding marijuana use in the state. Is it really legal to smoke pot in Florida? Let’s take a look at what the current laws say.

Marijuana use is currently illegal in Florida, except for medical purposes. Even then, the rules are strict and only certain patients are eligible to receive a prescription for medical marijuana. Recreational use of marijuana is still very much against the law in Florida.

Possession of small amounts of pot can lead to misdemeanor charges, while larger quantities can result in felony charges. If you are caught selling or growing marijuana, you will be facing much more serious penalties. Getting caught driving under the influence of marijuana can also lead to DUI charges.

So, while medical marijuana is legal in Florida, recreational use is still not allowed. If you are caught with pot in Florida, you could be facing some serious consequences. It’s important to know the laws before you decide to partake!

jennifer williams cbd content writer

Jennifer Williams - Expert cannabis author

Jennifer Williams is a freelance writer from Vancouver, Canada specializing in CBD and delta 8 THC cannabis. She’s read thousands of studies on CBD and other supplements, helping her translate complex science into plain language. Jennifer has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD and delta-8 THC industry inside and out. 

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