Heading to the Sunshine State, spring breakers? Get ready to enjoy sun, surf and sand. … but leave your weed vapes and edibles at home.
Recreational marijuana remains illegal in Florida, although it is legal in about half the country. An amendment last year to make recreational marijuana legal in Florida came close and got a majority of the vote, but it failed to hit Florida’s required 60% threshold. The group behind it is trying again in 2026.
What about right now? Can you fire one up with your buddies on the beach?
Here’s what you need to know about marijuana laws in Florida before it’s too late.
Yes, but only for some people.
Medical marijuana is legal in Florida for residents diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card or caregivers who have received a Medical Marijuana Caregiver Card.
No. During the 2024 General Election, an amendment that called for legalizing recreational marijuana in Florida failed to get the 60% of votes needed to pass.
Medical marijuana is legal here, but only for Florida residents with the following conditions who apply for and receive a Medical Marijuana Card:
No. The state of Florida does not offer reciprocity, although a bill filed for this year’s legislative session would change that if passed.
Without a Medical Marijuana Card (or Medical Marijuana Caregiver Card, for people assisting medical marijuana patients who are minors or who need help), if you are caught with pot, marijuana advocacy group NORML lists the following penalties under Florida Statutes:
However, many communities and municipalities have decriminalized possession of up to 20 grams or marijuana, meaning if you’re busted you’ll get a fine (which will go up each time) and you may be required to attend a drug education program or do community service.
Areas that have decriminalized pot include Alachua County, Broward County, Cocoa Beach, Hallandale Beach, Key West, Miami Beach, Miami-Dade County, Orlando, Osceola County, Palm Beach County, Port Richey, Sarasota, Tampa and Volusia County.
Only licensed medical marijuana dispensaries may sell marijuana in the state of Florida. Even if the proposed recreational amendment passes next year, you still would have to buy your pot at a licensed dispensary.
People charged with selling marijuana can face the following:
Assorted different types of so-called “diet weed” cannabinoids such as delta-8, delta-9, delta-10 and THC-O, which are derived from hemp and not marijuana and contain lower levels of THC, are sort-of legal here under the 2018 federal Farm Bill that allows farmers to grow industrial hemp.
Last year, the Florida Legislature passed a bill, SB 1698, that effectively banned delta-8 and delta-10 products and placed a 5-milligram-delta-9 concentration limit per serving but Gov. Ron DeSantis vetoed it, reportedly to protect small businesses. However, they remain federally illegal.
Yes. Drivers under the influence of drugs, including marijuana, face the same penalties as drunk drivers in Florida. That ranges from up to six months of jail time, a fine between $500 and $1,000, a license suspension, 50 hours of community service and a 10-day vehicle impoundment (for the first offense) to up to five years in prison, up to $5,000 in fines, lifetime license revocation and more for the fourth offense.
Penalties go up fast if there is a minor in the vehicle or you cause property damage, injury or death.