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Is Weed Legal In Florida

Is Weed Legal In Florida, Yes for Medical use

In 2016, voters passed a constitutional amendment known as the "Florida Medical Marijuana Legalization Initiative," (Amendment 2). The amendment legalized medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician. It will go into effect will go into effect on January 3, 2017.

Rules and regulations for Florida's medical marijuana program:

  • Patients must have one of 21 qualifying medical conditions including cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, Crohn's disease, Parkinson's, and others.
    (a) Cancer.
    (b) Epilepsy.
    (c) Glaucoma.
    (d) Positive status for human immunodeficiency virus.
    (e) Acquired immune deficiency syndrome.
    (f) Posttraumatic stress disorder.
    (g) Amyotrophic lateral sclerosis.
    (h) Crohn’s disease.
    (i) Parkinson’s disease.
    (j) Multiple sclerosis.
    (k) Medical conditions of the same kind or class as or comparable to those enumerated in paragraphs (a)-(j).
    (l) A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.
    (m) Chronic nonmalignant pain.
  • A Florida licensed physician must diagnose the patient with a qualifying condition and recommend medical marijuana as an appropriate treatment.
  • The Florida Department of Health administers the medical marijuana program and issues ID cards to registered patients and caregivers.
  • As of 2022 there are over 570 licensed medical marijuana dispensaries operating in Florida.
  • Legal products include oils, tinctures, capsules, edibles, vaping cartridges, oral sprays and topical creams. Smokable flower is also allowed.
  • Home cultivation is prohibited. Patients can only obtain products from licensed Florida dispensaries.
  • Possession limits are 2.5 ounces of marijuana every 35 days for most patients. Terminally ill patients are allowed higher amounts.
  • Medical marijuana use is prohibited in public places like schools, airports, parks, etc. It can only be used privately.
  • Patients can be charged with DUIs for driving under the influence of medical marijuana. The program provides no immunity for driving impaired.
  • Only licensed dispensaries can provide medical marijuana to registered patients legally. Purchases from other sources remain illegal.

Florida Marijuana Statutes

Learn more about Florida marijuana laws in the table below. Keep in mind, your Florida driver’s license may be suspended for marijuana-related convictions unrelated to driving.

Code Section

Florida Statute 893.13, et seq.


  • Under 20 grams: 1st degree misdemeanor; up to 1 year jail, fine
  • Over 20 grams to 25 lbs or under 300 plants: up to 5 years jail, fine
  • In excess of 25 lbs. is trafficking (1st degree felony)


3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084;

Subsequent offense: 15 yrs.


All sentencing done pursuant to sentencing guidelines:

25-2000 lbs.: mandatory $25,000 and 3 yrs.;

2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;

Over 10,000 lbs.: 15 yrs. and mandatory $200,000

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Are Marijuana Seeds Legal to Own or sell? DEA Says YES

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