Florida Marijuana Laws & Regulations 2026
Florida has a medical marijuana program but recreational cannabis remains illegal. This guide covers Florida's marijuana laws as of December 2025.
Legal Framework Overview
Florida's medical marijuana program is governed by:
- Florida Statute 381.986 - Medical Use of Marijuana
- Article X, Section 29 - Florida Constitution (Amendment 2, 2016)
- Florida Administrative Code Chapter 64-4 - Office of Medical Marijuana Use Rules
Is Marijuana Legal in Florida?
Medical Marijuana: Legal since 2016 under Amendment 2 (Florida Medical Marijuana Legalization Initiative). Patients with qualifying conditions can purchase from licensed Medical Marijuana Treatment Centers (MMTCs).
Recreational Marijuana: ILLEGAL. Amendment 3 (recreational legalization) was on the 2024 ballot but did not receive the required 60% supermajority to pass. Recreational cannabis remains prohibited.
Regulatory Agency
The Office of Medical Marijuana Use (OMMU) under the Florida Department of Health administers the state's medical marijuana program.
Patient Requirements
- Must be a Florida resident
- Must have a qualifying medical condition
- Must be certified by a qualified physician
- Must register in the Medical Marijuana Use Registry
- Must obtain a Medical Marijuana Use Registry Identification Card
Age Requirements
- Adults (18+): Can apply directly for a patient card
- Minors: Can qualify with two physician recommendations and parental/legal guardian consent. Smokable marijuana requires terminal condition diagnosis.
Qualifying Medical Conditions
Per Florida Statute 381.986(2):
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- Post-traumatic stress disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS)
- Crohn's disease
- Parkinson's disease
- Multiple sclerosis
- Medical conditions of the same kind or class
- Terminal conditions
- Chronic nonmalignant pain
- Any other debilitating condition as determined by a qualified physician
Possession Limits
Under Florida law:
- Up to a 70-day supply of marijuana as certified by the ordering physician
- 2.5 ounces of smokable flower per 35-day period (unless exemption granted)
- Daily dose amounts determined by certifying physician
- Amounts recorded in the Medical Marijuana Use Registry
Approved Forms of Medical Marijuana
Permitted:
- Smokable flower (added in 2019)
- Vaporization (oil cartridges, flower)
- Edibles
- Tinctures
- Capsules
- Topicals
- Suppositories
- Full-spectrum extracts
- Concentrates
Important: Smokable marijuana was not initially permitted under Amendment 2 but was allowed starting in 2019 after legislative action.
Home Cultivation
Home cultivation is NOT permitted in Florida, even for medical marijuana patients. All medical marijuana must be purchased from a licensed Medical Marijuana Treatment Center (MMTC).
Medical Marijuana Treatment Centers (MMTCs)
Florida operates a vertical integration model. MMTCs must:
- Cultivate, process, and dispense their own products
- Be licensed by the OMMU
- Operate dispensing locations throughout the state
- Maintain seed-to-sale tracking
Find licensed MMTCs at KnowTheFactsMMJ.com
In-Person Evaluation Requirement
⚠️ IMPORTANT: Florida requires an in-person evaluation for initial certification. Telemedicine is permitted for follow-up visits and renewals, but the first visit must be face-to-face with a qualified physician.
Driving Under the Influence
Driving while impaired by cannabis is illegal under Florida Statute 316.193.
Florida uses an impairment standard (no per se THC limit). Impairment is determined through:
- Field sobriety tests
- Drug Recognition Expert (DRE) evaluation
- Blood or urine tests
Penalties:
- First offense: $500-$1,000 fine, up to 6 months jail, 6-12 month license suspension
- Second offense (within 5 years): $1,000-$2,000 fine, up to 9 months jail, 5-year license revocation
- Third offense (10+ years apart): $2,000-$5,000 fine, up to 12 months jail
- Third offense (within 10 years): Third-degree felony, up to 5 years prison
Penalties for Non-Medical Possession
| Amount | Classification | Penalty |
|---|---|---|
| 20 grams or less | First-degree misdemeanor | Up to 1 year jail, $1,000 fine |
| Over 20 grams | Third-degree felony | Up to 5 years prison, $5,000 fine |
| Over 25 lbs | First-degree felony | Up to 30 years prison, $25,000+ fine |
Distribution/Sale Penalties
| Amount | Classification | Penalty |
|---|---|---|
| Under 25 lbs | Third-degree felony | Up to 5 years prison, $5,000 fine |
| 25 lbs - 2,000 lbs | First-degree felony | 3-year mandatory minimum, up to 30 years |
| 2,000 - 10,000 lbs | First-degree felony | 7-year mandatory minimum |
| Over 10,000 lbs | First-degree felony | 15-year mandatory minimum |
Enhanced penalties apply:
- Within 1,000 feet of schools, parks, child care facilities
- Sale to minors
Consumption Rules
Where You CAN Use Medical Marijuana
- Private residence
- Private property with owner permission
Where You CANNOT Use Cannabis
- Any public place
- Inside vehicles
- On school grounds
- At work (unless employer permits)
- On federal property
- In the presence of children (smoking/vaping)
Employment Rights
Florida's medical marijuana law provides limited employment protections:
- Employers CAN maintain drug-free workplace policies
- Employers CAN discipline for on-the-job impairment
- Employers CAN refuse to hire based on positive drug tests
- Some courts have ruled employers cannot fire solely for being a registered patient
Note: Protections vary by employer and situation. Consult an attorney for specific guidance.
THC Limits and Product Regulations
- Smokable flower: 2.5 oz per 35-day period (standard)
- THC cap for minors: 10% (unless terminal condition)
- Edibles: Must not resemble commercially available candy
- Packaging: Child-resistant, opaque, labeled with THC content
Reciprocity
Florida does NOT recognize out-of-state medical marijuana cards. Visitors cannot purchase medical marijuana in Florida.
Temporary Seasonal Residents
Seasonal residents can apply for a temporary ID card if they can demonstrate seasonal residence in Florida.
Caregiver Program
- Must be 21 years or older
- Can assist one patient (unless family members)
- Must pass background check
- Must register with OMMU
- Responsible for acquiring and administering cannabis for patient
Recent Developments
- 2016: Amendment 2 passed (71.3% approval)
- 2017: Implementing legislation (SB 8A)
- 2019: Smokable flower legalized
- 2024: Amendment 3 (recreational) failed to reach 60% threshold
- 2025: Program continues as medical-only