Is weed legal in Florida? What federal change Trump said might be made – The News-Press
President Donald Trump announced that his administration is considering reclassifying marijuana as a less dangerous drug and will make a decision in the coming weeks.
The federal government classifies it as a Schedule I drug, which is defined as highly dangerous, addictive and without medical use.
USA TODAY notes this move to declassify the drug started when former President Joe Biden asked the Department of Health and Human Services and the Drug Enforcement Administration to review how marijuana is scheduled. In 2023, Health and Human Services recommended that marijuana be moved to Schedule III.
In 2024, the United States Drug Enforcement Administration proposed a rule to transfer marijuana to Schedule III. That rule change has been on hold since March 2025.
Is marijuana already legal in Florida? Here’s what you need to know about the state’s marijuana laws.
Trump said on Aug. 11 that the decision is complicated, weighing the benefits of marijuana use for medical reasons against potential societal impacts.
“Some people like it, some people hate it. Some people hate the whole concept of marijuana,” he said.
Trump has previously expressed his support for declassifying the drug, particularly ahead of November’s general election last year.
“As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state-authorized companies, and supporting states’ rights to pass marijuana laws,” Trump wrote on Truth Social last September.
According to the Alcohol Policy Information System, the Controlled Substances Act of 1970 categorized marijuana as a Schedule I substance, meaning it was considered to have “no acceptable medical use and was among the class of drugs having the highest potential for misuse.”
The DEA says it classifies drugs, substances, and certain chemicals used to make drugs into five distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential. Other Schedule 1 drugs include:
No, it would not make recreational usage legal under federal law.
The Hill does report that this change would lessen criminal penalties, as well as open new research opportunities and allow pharmaceutical companies to get involved in the sale and distribution of marijuana where it is legal.
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 in Florida, but only for residents with the following conditions who apply for and receive a Medical Marijuana Card:
Note that under a new Florida law as of July 1, medical marijuana registration will be revoked if a patient or caregiver is convicted or pleads guilty or no contest to drug trafficking, sale or manufacture.
No. The state of Florida does not offer reciprocity. A bill in this year’s legislative session that would have changed that died in committee.
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 of marijuana, meaning if you’re busted, you’ll get a fine (which will go up each time). You may be required to attend a drug education program or do community service.
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:
Yes. Drivers under the influence of drugs, including marijuana, face the same penalties as drunk drivers in Florida.
It 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.