Florida Marijuana Law
Updated September 11, 2026
Current Status: Medical
Florida allows medical marijuana use by qualified patients with qualifying medical conditions. Florida voters approved Amendment 2 in 2016, expanding access to medical marijuana. The state's medical marijuana program is regulated by the Florida Department of Health.
Licensed Medical Marijuana Treatment Centers (MMTCs) cultivate, process, and dispense medical marijuana to qualified patients.
Public Consumption Laws
Florida generally prohibits the use or administration of medical marijuana in public places. However, state law provides an exception for low-THC cannabis that is not in a form for smoking. Smoking medical marijuana is also prohibited in enclosed indoor workplaces and certain other locations.
Cannabis DUI Laws
Florida's cannabis DUI law is impairment-based and does not establish a per se THC limit. A person can be charged with DUI if they drive or are in actual physical control of a vehicle while under the influence of marijuana to the extent that their normal faculties are impaired.
Cultivation Laws
Florida medical marijuana patients and caregivers are not permitted to grow marijuana at home. Medical marijuana for qualified patients must be produced and dispensed through licensed Medical Marijuana Treatment Centers (MMTCs).
Possession Laws
Recreational marijuana remains illegal in Florida. Qualified medical marijuana patients may possess marijuana obtained in accordance with their physician certification. For marijuana in a form for smoking, Florida generally limits dispensing to 2.5 ounces within a 35-day period unless an approved exception applies.
Brief Legislative History
- 2014: Florida enacted the Compassionate Medical Cannabis Act, allowing certain patients to access low-THC cannabis under limited circumstances.
- 2016: Florida voters approved Amendment 2, expanding the state's medical marijuana program to qualified patients with qualifying medical conditions.
- 2019: Governor Ron DeSantis signed SB 182, allowing qualified patients to use marijuana in a form for smoking subject to Florida's medical marijuana requirements.
- 2024: Amendment 3, which would have allowed adult personal use of marijuana, received 55.9% approval but failed because Florida constitutional amendments require at least 60% voter approval.
*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.