Laws

Florida Cannabis Laws: What the State Allows and Prohibits

Florida maintains a medical-only cannabis system under state law. Marijuana is legal for qualified medical use but illegal for recreational (adult-use) purposes. This legal framework is rooted in the Florida Constitution and reinforced through state statutes and regulatory agencies.

Recreational Marijuana Status

Recreational marijuana is not legal in Florida. Possession, sale, or use of cannabis without medical authorization remains a criminal offense under state law. While enforcement can vary by jurisdiction, unlawful possession may result in fines, probation, or jail time depending on the amount involved and prior offenses.

Florida voters considered adult-use legalization through a constitutional amendment in 2024. Although the measure received majority support, it did not reach the required 60% threshold to pass. As a result, no recreational marijuana market currently exists, and all legal cannabis activity in Florida must be tied to medical authorization.

Medical Marijuana Framework

Medical marijuana is permitted under Florida law following voter approval of a constitutional amendment that established the state’s medical program. The system allows patients with qualifying medical conditions to legally purchase and use cannabis products from licensed dispensaries, known as Medical Marijuana Treatment Centers (MMTCs).

The program is regulated by the Florida Department of Health, which oversees licensing, patient access, physician participation, and product compliance through its specialized division, the Office of Medical Marijuana Use (OMMU).

Official program resources:

Who Can Legally Use Marijuana

Only individuals who:

  • Have a qualifying medical condition
  • Are certified by a state-approved physician
  • Are entered into the state’s registry
  • Possess a valid medical marijuana ID card

may legally obtain and use marijuana in Florida.

Common qualifying conditions include cancer, epilepsy, multiple sclerosis, PTSD, chronic pain, and other serious or debilitating conditions, as determined by a qualified physician.

Possession, Purchase, and Distribution Rules

Florida law tightly controls how marijuana is produced and distributed:

  • Cannabis may only be purchased from state-licensed MMTCs
  • All sales are tracked through the state registry
  • Patients are limited to specific purchase amounts over defined time periods
  • Home cultivation is prohibited, even for medical patients

Florida uses a vertically integrated system, meaning licensed companies must handle cultivation, processing, and retail sales under one license.

Public Use and Location Restrictions

Even for medical patients, marijuana use is not permitted in public places. Consumption is generally restricted to private residences. Use in vehicles, parks, beaches, or businesses open to the public is prohibited unless explicitly allowed by law.

Driving under the influence of marijuana is illegal and treated similarly to alcohol-related DUI offenses.

Federal Law Considerations

Despite state-level legalization for medical use, marijuana remains illegal under federal law. This creates important limitations:

  • Cannabis cannot be transported across state lines
  • Marijuana is prohibited on federal property (airports, national parks, federal buildings)
  • Federal employment and firearm ownership rules may still apply

Key Takeaway

Florida’s marijuana laws are medical-focused, highly regulated, and enforcement-driven. While public support for broader legalization continues to grow, current state law only protects registered medical patients who follow program rules. Anyone outside that system remains subject to criminal penalties.