Is marijuana legal in Florida?
Only for medical use. As of 2026, Florida allows medical marijuana for registered patients, and recreational marijuana is illegal. A 2026 legalization amendment did not qualify for the ballot.
Status checked November 4, 2026
Contents
Marijuana laws in Florida
Florida allows marijuana only for medical use. Voters approved the medical marijuana amendment on November 8, 2016, and the program is set out in section 381.986 of the Florida Statutes. Recreational use is illegal. A 2024 legalization amendment won about 56% of the vote, short of the 60% Florida requires, and a 2026 version did not qualify for the ballot.
To qualify, a patient must be a Florida resident (seasonal residents can qualify), be diagnosed with a qualifying condition, and receive a certification from a qualified physician after an in-person exam. The patient also needs a registry ID card. Patients may buy only from licensed medical marijuana treatment centers. They may not possess more than a 70-day supply, or more than the greater of 4 ounces of smokable marijuana or a state-approved amount, at any time. Patients under 18 receive marijuana through a caregiver.
Some things are still illegal for patients. They cannot grow marijuana at home or use marijuana in most public places or on public transportation, except for low-THC cannabis that isn’t smoked. Employers do not have to accommodate medical use.
For everyone else, possessing 20 grams or less of cannabis is a first-degree misdemeanor, and more is a felony. Hemp extract products are legal for adults 21 and older. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
What the law says
Legal
- a qualified patient and the qualified patient’s caregiver may purchase from a medical marijuana treatment center for the patient’s medical use a marijuana delivery device and up to the amount of marijuana authorized in the physician certification, but may not possess more than a 70-day supply of marijuana, or the greater of 4 ounces of marijuana in a form for smoking or an amount of marijuana in a form for smoking approved by the department pursuant to paragraph (4)(f), at any given time and all marijuana purchased must remain in its original packaging.
- “Qualified patient” means a resident of this state who has been added to the medical marijuana use registry by a qualified physician to receive marijuana or a marijuana delivery device for a medical use and who has a qualified patient identification card.
Not legal
- Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.
- On any form of public transportation, except for low-THC cannabis not in a form for smoking.
- In any public place, except for low-THC cannabis not in a form for smoking.
- This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana.
- If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree
Quoted from Florida Statutes §381.986, Medical use of marijuana.
How old do you have to be to use marijuana in Florida?
There is no legal age to buy recreational marijuana in Florida, because recreational marijuana is illegal at any age. Medical marijuana is open to qualified patients. Treatment centers may not dispense directly to a patient under 18. For a minor, marijuana can only be dispensed to the patient's caregiver, and a second physician must agree with the certification. Hemp extract products meant to be eaten or inhaled can't be sold to anyone under 21.
How much marijuana can you have in Florida?
Only registered medical patients can legally have marijuana in Florida. A patient may not possess more than a 70-day supply, or more than the greater of 4 ounces of smokable marijuana or an amount approved by the state, at any time. All of it must stay in its original packaging and must have come from a licensed treatment center. Treatment centers can dispense no more than 2.5 ounces of smokable marijuana per 35 days unless the state approves an exception. For non-patients, any amount is illegal.
Where can you buy marijuana in Florida?
You can buy marijuana in Florida only at licensed medical marijuana treatment centers, and only if you are a registered patient or caregiver with an active registry ID card. The amount and type must match the physician's certification. There are no recreational dispensaries in Florida, and marijuana bought from any other source is not covered by the medical law. Hemp-derived products are sold separately by retailers that hold a state hemp permit.
Can you grow marijuana at home in Florida?
No, you cannot grow marijuana at home in Florida, even as a registered medical patient. The medical marijuana law covers only marijuana bought or acquired from a licensed medical marijuana treatment center. It specifically excludes marijuana seeds and any marijuana from another source. Cultivating cannabis without a license is a crime under Florida's controlled substances law.
Where can you use marijuana in Florida?
Only registered medical patients can legally use marijuana in Florida, and mostly in private. The medical law does not cover use on public transportation, in any public place, or in a vehicle, school bus, aircraft or motorboat, except for low-THC cannabis that isn't smoked. It also doesn't cover use at work unless the employer allows it, in prisons, on school grounds, or smoking in an enclosed indoor workplace. Property owners can ban smoking or vaping marijuana on their property. Recreational use is illegal everywhere in Florida.
How do you get a medical marijuana card in Florida?
To get a medical marijuana card in Florida, you need to be a Florida resident and be diagnosed with a qualifying condition, such as cancer, epilepsy, PTSD, Crohn's disease, multiple sclerosis or a terminal condition. A qualified physician must first examine you in person, then enter your certification in the state's Medical Marijuana Use Registry. You then apply to the Department of Health for an ID card. Seasonal residents can prove residency with documents such as a lease or utility bill.
Can visitors buy or use marijuana in Florida?
No. Out-of-state visitors cannot legally buy marijuana in Florida. Recreational marijuana is illegal, and the medical program is limited to Florida residents, with an exception for seasonal residents who can prove a Florida address. Florida does not recognize medical marijuana cards from other states. A visitor caught with marijuana faces the same criminal penalties as anyone else.
What are the rules on driving and marijuana in Florida?
No, you cannot drive high in Florida. It is a DUI to drive while under the influence of a controlled substance to the extent that your normal faculties are impaired, and that includes medical marijuana. Florida law sets no THC blood limit for drivers. The medical marijuana law does not authorize anyone to drive under the influence of marijuana.
Can an employer in Florida fire you for using marijuana?
Yes, you can get fired for using marijuana in Florida, including registered medical patients. The medical marijuana law says it does not limit an employer's drug-free workplace program or policy and does not require employers to accommodate medical use in any workplace. It also does not create a legal claim against an employer for wrongful discharge or discrimination.
What are the penalties for breaking marijuana laws in Florida?
In Florida, possessing 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possessing more than 20 grams is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. Giving away 20 grams or less without payment is also a first-degree misdemeanor. Selling, trafficking and cultivation carry heavier felony penalties. A few cities and counties issue civil citations for small amounts instead of arrests, but state law still applies.
Are CBD, hemp and delta-8 products legal in Florida?
Yes. CBD and other hemp extract products are legal in Florida for adults 21 and older if they meet the state hemp rules. Hemp is defined as cannabis with no more than 0.3% total delta-9 THC, and hemp extract may not contain controlled substances. Hemp products meant to be eaten or inhaled cannot be sold to anyone under 21, must be tested and labeled, and must not be attractive to children. No state law specifically bans delta-8 or THCA products that meet these standards. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Florida?
Yes. Federal law still applies in Florida. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Florida changed recently, or is it about to?
When will weed be legal in Florida? No date is set. The Smart & Safe Florida amendment did not qualify for the November 2026 ballot after falling short of the 880,062 valid signatures required. A 2024 version got about 56% of the vote, below Florida's 60% threshold for amendments. Several adult-use petitions are now filed for the 2028 ballot. The 2026 legislative session ended without changes to hemp law. Federally, state-licensed medical marijuana moved to Schedule III on April 28, 2026, and new federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (9)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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