Florida’s legal framework currently does not authorize the recreational purchase or consumption of cannabis. A constitutional amendment in November 2024 — Amendment 3, which would have allowed personal use for adults aged 21 and older — failed to reach the 60 % supermajority required, even though it secured approximately 56 % support. Therefore, all adult-use (recreational) cannabis remains illegal under state law.
Medical Marijuana: Qualified Access Only
In contrast, Florida permits medical marijuana under the state’s Compassionate Use Act, passed in 2014, and Amendment 2, adopted by voters in 2016. That measure legalized full‑strength medical cannabis for patients diagnosed with qualifying debilitating conditions such as cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s, Parkinson’s, multiple sclerosis, chronic non‑malignant pain, or other comparable conditions, provided a qualified physician certifies the medical need.
Registration, Purchase Limits, and Delivery Forms
- Patient registration: Qualified patients must register with the Florida Department of Health Office of Medical Marijuana Use (OMMU) and receive a physician certification to obtain a patient card before purchasing cannabis.
- Dispensing supply limits:
- Smokable flower: patients may purchase up to 2.5 ounces in any 35‑day period.
- Non-smoke forms (edibles, tinctures, capsules, topicals, vaporizable products): limited to a 70‑day supply, with daily and total THC caps (e.g. up to ~24,500 mg THC total for vaporized products).
- Some sources indicate an overall possession cap of 4 ounces of flower total at any given time.
Packaging, Labeling, and Product Safety
The 2025 legislative update Senate Bill 512 tightened rules governing medical marijuana edibles:
- Edibles must be plain, opaque, child‑resistant, carry the universal marijuana symbol, and avoid candy-like shapes or appeal to children.
- Potency limited to 200 mg THC per package, with single servings capped at 10 mg THC, and a potency variance no larger than 15 %.
- Licensed facilities must follow FDA-style food safety protocols and use approved testing labs; two employees must review test results before dispensing; mandatory batch retention and recall procedures are required.
Consumption Rules and Locations
Florida law prohibits public consumption of medical marijuana. Qualified patients are only permitted to use medical cannabis in private residences or private property. Consumption on public transportation or in public places remains illegal, except for low-THC cannabis in nonsmoke forms.
Cultivation and Transportation
- Personal cultivation by patients or caregivers is prohibited under Florida law; only state‑licensed medical marijuana treatment centers (MMTCs) may cultivate cannabis.
- Transport of medical cannabis outside the state of Florida is illegal, since cannabis remains a controlled substance federally.
Penalties for Recreational Possession
- Possession of marijuana for non‑medical use remains a misdemeanor for up to 20 grams: penalties include up to one year in jail, $1,000 fine, and driver’s license suspension.
- Larger quantities (above 20 grams or cultivation) may trigger felony charges, with sentences up to five years and fines up to $5,000.