Is weed legal in Florida?

Cannabis is making waves in the Sunshine State, with shifting public perception and new laws pointing toward its positive reception. Learn more about Florida's cannabis laws and what's in store for the future. 

Is medical marijuana legal in Florida?

Though not legal for recreational use, medical marijuana is legal in Florida. The state has a medical marijuana program that allows patients with qualifying conditions to obtain and use cannabis for medical purposes, provided they have a prescription from a licensed physician and a medical marijuana card. The Office of Medical Marijuana Use is the organization responsible for regulating Florida's medical cannabis program.

Florida graphic Photo by: Weedmaps

However, the law may be changing soon. In 2023, the conservative Florida Supreme Court showed support for a ballot initiative to legalize recreational marijuana in the state. The justices, including those appointed by Governor Ron DeSantis, questioned the clarity of the initiative's language but found it plain enough to move forward. The proposal, pushed by Smart & Safe Florida and backed by Trulieve, could appear on the 2024 ballot if approved by the court. This move follows a significant signature collection from state residents, and it aims to bypass the GOP-controlled Legislature despite DeSantis' opposition to recreational marijuana.

Qualifying conditions

To receive medical marijuana, a qualified physician must diagnose the patient with a qualifying condition. 

A patient must be diagnosed with at least one of the following conditions:

  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig's disease
  • Cancer
  • Crohn's disease
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Multiple sclerosis (MS)
  • Parkinson's disease
  • Post-traumatic stress disorder (PTSD)
  • A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
  • Chronic nonmalignant pain caused by a qualifying medical condition
  • Medical conditions comparable to those above

Patient registry process

All prospective medical marijuana patients must be permanent or seasonal Florida residents and at least 18 years old; a minor younger than 18 must designate an adult caregiver to obtain cannabis. 

Here's how to register as a medical marijuana patient in Florida:

  1. Meet with a qualified physician. You can search for qualified physicians on Weedmaps or the Florida Department of Health website.
  2. Get diagnosed with a qualifying medical condition listed above. A second physician must confirm the diagnosis if the patient is younger than 18 or terminally ill.
  3. Get your doctor to enter your patient information into the registry and approve an order. Caregivers can be added at this time.
  4. The OMMU will email you with directions for the identification card application process. A Patient ID Number will be included.
  5. Submit the ID application electronically or via mail. The application fee is $75. You will be notified by email whether their application is approved.
  6. Order from an approved and licensed MMTC with the approval email until the ID card arrives.

Caregiver qualifications

Patients may designate a caregiver when they apply to the registry. Caregivers with a valid registry ID card can purchase cannabis on their patients' behalf and assist with the administration of their medicine. Caregivers must be at least 21 years old, not a qualifying physician, and not have any financial interest in an MMTC. 

Caregiver registry process

Patients may only designate one caregiver at a time, and patients younger than 18 are required to appoint an adult caregiver or another legal representative to assist them with their medical cannabis use.

  1. Patients must designate a caregiver in their application for the registry identification card. The OMMU will send the caregiver an email, which includes directions for the registry identification card application process. A Caregiver ID Number will be included.
  2. Submit the ID application electronically on the online registry or via mail. The application fee is $75.
  3. Get notified by email whether your application is approved.
  4. Order from an approved and licensed MMTC using the approval email until the ID card arrives. ID cards are valid for one year after approval.

Is CBD legal in Florida?

Yes, CBD is legal in Florida. The state allows for the sale, purchase, and use of CBD products derived from hemp, following the Federal Farm Bill of 2018, which legalized hemp-derived CBD products containing less than 0.3% THC.

Florida marijuana laws

In 2014, the Florida Legislature passed the Compassionate Medical Cannabis Act, allowing seriously ill patients with cancer or epilepsy to use low-THC cannabis. The Florida Department of Health (DOH) established the Office of Compassionate Use (OCU) to manage the state's medical cannabis program. 

marijuana laws Photo by: Gina Coleman/Weedmaps

From there, Florida's cannabis history and laws have been shifting:

History

A year after the Compassionate Medical Cannabis Act was passed, Governor Rick Scott signed the Florida Right to Try Act into law in 2015, allowing physicians to provide seriously ill patients with experimental treatments or medicines not approved by the Food and Drug Administration (FDA). 

In March 2016, low-THC and medical cannabis were added to this list of experimental medicines with the passage of HB 307.

Florida voters passed the Florida Medical Marijuana Legalization Initiative, or Amendment 2, on Nov. 8, 2016, with more than 70% voting in favor. Amendment 2 permitted broader legalization of medical cannabis and expanded the list of qualifying conditions. The amendment also transitioned the OCU to the Office of Medical Marijuana Use (OMMU) and called for the establishment of Medical Marijuana Treatment Centers (MMTC). 

Possession

Florida defines cannabis as either low-THC cannabis or medical marijuana. To qualify as low-THC, the flowers, seeds, resin, and any other products derived from the cannabis plant must contain 0.8% or less THC and more than 10% CBD by weight.

Patients and caregivers may not possess more than a 70-day supply of cannabis at any given time, and all marijuana purchased must remain in its original packaging. Patients may not purchase more than a 35-day supply of cannabis (2.5 ounces) or possess more than 4 ounces of smokable cannabis at any one time.

Marijuana may not be transferred for any purposes other than a caregiver buying and transporting for a designated patient.

Sale

purchasing weed at a dispensary Photo by: Gina Coleman/Weedmaps

In Florida, it's illegal to sell marijuana outside of the state-regulated medical marijuana program. Only licensed medical marijuana treatment centers (MMTCs) can legally grow, process, and sell marijuana. These centers must comply with state laws and regulations, including securing proper licensing, testing products for safety and potency, and ensuring sales are made only to individuals with a valid medical marijuana card. Unauthorized sale, distribution, or trafficking of marijuana can result in criminal charges, fines, and imprisonment.

Cultivation

It is illegal to grow marijuana for personal use in Florida. MMTCs are the only entities legally allowed to grow cannabis strictly for medical purposes under the state's medical marijuana program. Individuals caught growing marijuana without authorization can face criminal charges, including fines and imprisonment.

Additional limitations

You may not consume marijuana in any public place or aboard a motor vehicle, public bus, train, aircraft, or watercraft. Consumption must take place in a private residence. Driving under the influence of marijuana is illegal.

You may consume via edibles, sprays, oils, vapes, flower, and capsules. Cannabis flower may only be used for smoking or vaping and must be sealed in tamper-proof containers. Patients younger than 18 may not consume medical cannabis via smoking unless the patient is diagnosed with a terminal condition and a second, board-certified physician concurs with the diagnosis.

Lab testing

MMTCs must submit cannabis samples to a licensed testing facility. Samples must be tested for cannabinoids, heavy metals, microbes, moisture and water activity, pesticides, and residual solvents.

Is weed decriminalized in Florida?

No, weed is not decriminalized in Florida at large. In some cities, possession of small amounts is a lesser crime, resulting in fines rather than arrest. However, growing marijuana is prohibited even for medical patients. The state allows medical marijuana for qualifying patients with a Medical Marijuana Use Authorization.

Does Florida allow reciprocity for medical marijuana cards?

Somewhat. Florida allows seasonal residents who live in the state for at least 31 consecutive days each year, maintain a temporary residence, and are registered to vote or pay income tax in another state to qualify for its medical marijuana program, offering a form of reciprocity.

How much does weed cost in Florida?

The cost of medical marijuana in Florida can vary widely based on the type and quality of the product you're purchasing. 

Various cannabis products in white bag Photo by: Gina Coleman/Weedmaps

For flower, expect to pay anywhere from $6 to $11 per gram, with top-shelf flowers costing more, or around $45 for an eighth. You can get mids for around $33 for an eighth, while low-budget options will set you back roughly $80 for half an ounce.

Florida weed taxes

Marijuana and marijuana delivery devices used for medical purposes are exempt from state sales tax. Retail, delivery, distribution, and storage are also exempt from state sales tax.

Where is it safe to purchase weed in Florida?

Registry Identification Cards allow patients to purchase medical marijuana. Present the ID cards when purchasing at an approved MMTC. Some locations offer delivery services. Patients and caregivers can purchase a 35-day supply of smokable flower (up to 2.5 ounces) and a 70-day supply of other cannabis forms, including edibles, at a time. Licensed MMTCs can deliver medical cannabis to registered patients anywhere in Florida. Delivery fees may apply depending on the MMTC.

Finding licensed dispensaries in Florida

Find licensed dispensaries in Florida by searching on Weedmaps.  

Bottom line

Medical marijuana is legal in Florida so long as you have a medical marijuana ID card registered with the state. Be mindful of possession laws; you may not possess more than a 70-day supply of cannabis at any given time, and all marijuana purchased must remain in its original packaging. Florida laws state you must not purchase more than a 35-day supply of cannabis (2.5 ounces) or possess more than 4 ounces of smokable cannabis at any one time.

FAQ

Hemp-derived Delta-9 THC is legal in Florida as long as it contains no more than 0.3% Delta-9 THC — this aligns with the 2018 Farm Bill and Florida's legislation. Floridians can also access marijuana-derived Delta-9 products through the state's medical marijuana program, provided they are registered with the medical marijuana registry

How much weed can I buy in Florida?

Patients and caregivers can purchase a 35-day supply of smokable flower and a 70-day supply of other cannabis products, including edibles, at a time. 

Can you buy weed if you're visiting Florida?

No. Florida does not accept out-of-state medical marijuana cards; however, it does allow seasonal residents to apply for registry cards.

Can you go to a dispensary without a medical marijuana card in Florida?

No, in Florida, you cannot go to a medical marijuana dispensary without a medical marijuana card. 

Are there recreational dispensaries in Florida?

No, Florida does not have recreational dispensaries because recreational marijuana is not legal in the state.

Was this article helpful? Give Feedback

{EMAIL}
has been subscribed!

The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on March 15, 2024.