Florida Cannabis Laws You Should Know Without a Doubt

Florida’s cannabis laws, as of 2023, exhibit a blend of legal allowances and restrictions, shaping the cannabis landscape in the state. The following sections provide a comprehensive overview of the current status of cannabis laws in Florida.

Medical Marijuana and Low-THC Cannabis

Medical marijuana and low-THC cannabis are legal in Florida for qualified patients. Low-THC is defined by the Florida Department of Health as containing no more than 0.8% THC by weight. Dispensaries selling medical marijuana must be licensed, with the Department of Health regulating the production and sale of these products​​.

Recreational Marijuana: Illegal but with Proposed Changes

Recreational marijuana remains illegal in Florida. However, recent legislative efforts indicate potential changes. In February 2023, the Florida Senate Criminal Justice Committee approved a bill allowing adults aged 21 and over to purchase and possess up to 2.5 ounces of cannabis. This legislation also proposes the establishment of a Medical Cannabis Production and Regulation Program overseen by the Department of Health​​​​. Despite these developments, recreational use is still prohibited, with a focus remaining on medical use​​.

Penalties for Recreational Use

Penalties for recreational marijuana possession vary depending on the amount. Possession of less than 20 grams is typically a misdemeanor, punishable by a monetary fine and potentially less than a year of jail time. Possession of more than 20 grams is classified as a felony, with potential consequences including probation, jail sentences, and fines. Large amounts fall under trafficking laws, carrying mandatory state prison sentences and substantial fines​​.

Decriminalization Efforts

Some Florida cities have decriminalized possession of small amounts of marijuana, resulting in fines rather than arrests​​​​. It’s crucial for individuals to understand local laws in their respective cities regarding marijuana possession.

Upcoming Ballot Initiative

Looking ahead, there’s an initiative for the 2024 voting ballot, backed by Florida’s largest medical cannabis company, Trulieve, and the country band The Bellamy Brothers. This proposal would permit adults aged 21 and older to buy and possess up to an ounce of cannabis or five grams of marijuana concentrate products. However, it notably omits equity provisions for expunging prior cannabis convictions​​​​.

Growing Marijuana: Still Illegal

Importantly, growing marijuana in Florida is illegal, even for medical patients. Being caught growing marijuana leads to charges of possession, with penalties depending on the number of plants​​.


In summary, while medical marijuana is legal for qualified patients in Florida, recreational marijuana remains illegal. However, legislative efforts and upcoming ballot initiatives suggest potential changes in the near future. It’s imperative for residents and visitors to stay updated on the evolving legal landscape of cannabis in Florida to ensure compliance with current laws.

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