Medical marijuana has been legal in Florida for a decade now for people with specific medical conditions, and nearly a million Floridians have an active medical marijuana card. But questions still pop up about how it works, like: can I smoke it in my yard? What about on my porch?
It is illegal to consume medical marijuana in any form in a public place, on public transportation, while driving or riding in a vehicle, and in a few other places. On private property, a little more interpretation is needed. And what if neighbors complain about the smell?
One of the concerns Gov. Ron DeSantis gave in his successful opposition to the recreational marijuana amendment was the odor.
“I’ve gone to some of these cities that have had this everywhere, it smells, there’s all these things,” DeSantis told reporters in 2024. “I don’t want to be able to go walk in front of shops and have this. I don’t want every hotel to really smell.”
Here’s what to know before you light up.
Yes, but only for people diagnosed with one or more of a list of medical conditions who have been recommended by a licensed doctor and approved by the state. Using weed for fun is not allowed.
No. Medical marijuana users are prohibited from consuming their legal weed, in whatever form:
Doing so is a first-degree misdemeanor, punishable by up to one year in jail and up to a $1,000 fine.
“Qualified patients can use medical marijuana at home or on private property,” the Florida Board of Medicine says.
Florida laws on medical marijuana do not explicitly state whether a publicly visible portion of your private property counts as “public” or whether smoking weed is similar to nudity, which is fine inside the house but not on your front lawn.
Florida statute 381.986 does state that marijuana may not be used “in plain view” of the general public, but it may take a court decision to clarify where that line stops.
You may want to stick to the backyard if it’s fenced, unless you want to be the test case. Consult a lawyer for answers specific to your situation.
That’s up to your landlord. The owner of the property determines if medical marijuana smoking is permitted on the premises.
Smokable medical marijuana is subject to the same laws as smoking or vaping anything else. It’s allowed on public property as long as it’s not causing a health nuisance.
Some HOAs may have specific rules about outdoor smoking in common areas or places where residents are in close proximity. Other than that, a neighbor would have to prove your smoke is causing health or persistent nuisance issues for any legal penalties. Constant smoke streaming across a yard where children play could be a problem, for example.
Be considerate and work out compromises with neighbors to keep your home life stress-free.
C. A. Bridges is a journalist for the USA TODAY Network-Florida’s service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY.
(This story was updated to add new information.)