Is it legal to smoke weed in Florida? Here’s where marijuana legalization stands

Rachel Tucker
·3 min read
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TAMPA, Fla. (WFLA) — Floridians may be tempted to partake in 4/20 festivities, but to be blunt, the consumption of cannabis is still illegal for most people in the Sunshine State.

Despite a continued push from pot advocates to remove the plant’s status as a Schedule I drug, President Joe Biden has yet to compel the federal Drug Enforcement Agency to decriminalize it, which was one of his campaign promises.

This November, Florida voters will get a chance to weigh in on an amendment that would allow adults over age 21 to buy and possess marijuana in its edible, concentrate and leafy “flower” forms. The citizen ballot initiative that would go on to become Amendment 3 racked up over one million signatures.

Who can legally use cannabis in Florida?

Currently, only the state’s 878,000 medical marijuana patients can legally buy and possess cannabis. A medical marijuana card is required to stop by the state’s dispensaries, which are officially known as Medical Marijuana Treatment Centers.

To qualify for the medical marijuana program, which was established by a 2016 ballot initiative, a potential patient must have at least one of the following conditions:

  • Cancer,

  • Epilepsy,

  • Glaucoma,

  • Positive status for HIV,

  • AIDS,

  • Posttraumatic stress disorder,

  • Amyotrophic lateral sclerosis,

  • Crohn’s disease,

  • Parkinson’s disease,

  • Multiple sclerosis,

  • Medical conditions of the same kind or class as or comparable to the others listed.

  • A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.

  • Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.

Even then, restrictions apply. Dispensaries may not provide patients with more than 2.5 ounces of medical marijuana in a form for smoking for a 35-day supply, unless their doctor approves an extension to 4 ounces.

Patients are not allowed to smoke medical marijuana in public.

What if you’re not a medical marijuana patient?

According to Florida law, possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of one year in prison and a maximum fine of $1,000. Some people charged with this offense can enter a diversion program where, after fulfilling certain requirements, the misdemeanor charge will be dropped.

Possessing more than 20 grams and up to 25 pounds of cannabis is a felony punishable by a maximum sentence of five years in prison and a maximum fine of $5,000.

However, the above only applies to marijuana in its plant form. Possession of THC concentrates, no matter the amount, is a felony offense punishable by up to five years in prison.

What about hemp, CBD and delta-8 THC?

The cannabis plant contains hundreds of cannabinoids. Delta-9 is a psychoactive compound – the thing that makes you feel “high” – and is commonly referred to as just “THC.” Similar cannabinoids like delta-8 and delta-10 mimic the effects of the main psychoactive compound, but are allowed to be sold in Florida through something of a legal loophole.

The federal Farm Bill, passed in 2018, legalized hemp plants containing less than 0.3% delta-9 THC. It opened the floodgates for the hemp-derived cannabis industry, and six years later, delta-8 can be found anywhere from gas stations to online specialty retailers.

Given delta-8’s reputation of being “diet weed,” federal health officials have urged retailers to use proper labelling to distinguish the product from another legal cannabinoid, CBD, which is not psychoactive.

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