Florida is one of the states in the US that has legalized medical marijuana, but not recreational cannabis. This means that you can only use marijuana legally in Florida if you have a qualifying medical condition and a valid card from the state’s Office of Medical Marijuana Use (OMMU). However, there are still some restrictions and penalties that you need to be aware of before you light up in the Sunshine State. Here are some of the most important cannabis laws you need to know in Florida.
Medical Marijuana in Florida
Medical marijuana was legalized in Florida in 2016, after voters approved the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2. This amendment expanded the list of qualifying medical conditions for medical marijuana use, which previously only included severe epilepsy and terminal illnesses. Now, patients with any of the following conditions can apply for a medical marijuana card in Florida:
- ALS or Lou Gehrig’s disease
- Cancer
- Crohn’s disease
- Epilepsy
- Glaucoma
- HIV/AIDS
- Multiple sclerosis
- Parkinson’s disease
- PTSD
- A terminal condition diagnosed by another physician other than the licensed doctor who issued the physician certification
- Nonmalignant chronic pain induced by a qualifying medical condition
- Medical conditions comparable to those above
To obtain a medical marijuana card, you need to be at least 18 years old, a resident of Florida, and have a written recommendation from a certified physician. You also need to register with the OMMU and pay a fee of $75. Your card will be valid for one year and you need to renew it annually. As of October 2022, there are over 750,000 active medical marijuana cardholders in Florida and over 2,500 certified physicians.
As a medical marijuana patient, you can purchase or smoke medical marijuana from state-licensed dispensaries, also known as Medical Marijuana Treatment Centers (MMTCs). There are over 450 open dispensary locations in Florida, and you can find the nearest one on the OMMU website. You can also order medical marijuana online or by phone and have it delivered to your home. However, you cannot grow your own marijuana, even for medical purposes. Only state-licensed cultivators are allowed to grow marijuana in Florida.
The amount of medical marijuana you can possess or purchase depends on your physician’s recommendation and the OMMU’s approval. Generally, you can buy up to 2.5 ounces of smokable marijuana every 35 days, and up to 4 ounces of edibles, oils, tinctures, or capsules every 70 days. You can also possess up to 4 ounces of smokable marijuana and up to 70 grams of other forms of marijuana at any given time.
Recreational Marijuana in Florida
Recreational marijuana is illegal in Florida, and the state imposes harsh penalties for possession, sale, cultivation, and distribution of cannabis for non-medical purposes. Possession of any amount of marijuana is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1,000, and the suspension of your driver’s license. Possession of more than 20 grams or 25 pounds of marijuana is a felony offense, punishable by up to 5 years in prison, a fine of up to $5,000, and the suspension of your driver’s license. Possession of very large amounts of marijuana falls under trafficking laws, which involve mandatory state prison sentences and hefty fines.
Sale, cultivation, and distribution of marijuana for recreational use are also prohibited in Florida. The penalties vary depending on the amount and location of the offense, but they can range from 5 years to life in prison, and from $5,000 to $200,000 in fines. For example, selling or delivering marijuana within 1,000 feet of a school, park, or other specified areas is a felony punishable by up to 15 years in prison and a fine of up to $10,000.
However, some cities and counties in Florida have enacted reforms to apply lesser penalties for possession of small amounts of marijuana, such as civil citations or fines instead of arrests or criminal charges. These include Miami-Dade County, Broward County, Palm Beach County, Orlando, Tampa, Key West, and Sarasota. You should check your local laws before you possess or use marijuana in Florida, as they may differ from the state laws.
The Future of Marijuana Legalization in Florida
There have been several attempts to legalize recreational marijuana in Florida, but none of them have succeeded so far. The most recent one was a bill introduced by the industry-led campaign Make It Legal Florida, which aimed to put the issue on the 2024 ballot. However, the bill was blocked by the Florida Supreme Court, which ruled that the ballot summary was misleading and did not inform voters that marijuana would remain illegal under federal law.
The new initiative, backed by the state’s largest medical cannabis company Trulieve and the country band The Bellamy Brothers, is called Regulate Florida. It proposes to amend the state constitution to allow adults 21 and older to possess, use, purchase, transport, and transfer up to 2.5 ounces of marijuana and marijuana accessories. It also proposes to allow adults to grow up to six marijuana plants at home, and to establish a system for the regulation and taxation of marijuana businesses. The initiative needs to collect at least 891,589 valid signatures from registered voters and get approval from the Florida Supreme Court before it can appear on the 2024 ballot.
Conclusion
Florida has a medical marijuana program that allows qualifying patients to use marijuana for therapeutic purposes, but recreational marijuana is still illegal and subject to harsh penalties. However, there is a growing movement to legalize adult-use marijuana in the state, and a new initiative is underway to put the issue on the 2024 ballot. Whether you are a medical marijuana patient or a recreational user, you should be aware of the current cannabis laws in Florida and the possible changes in the future.