Florida Marijuana Law
Updated October 06, 2025
Current Status: Medical
Florida has seen significant changes to its marijuana laws in recent years. In 2016, a ballot initiative was passed legalizing medical marijuana for patients with qualifying conditions. This opened up access to marijuana for medical use, and dispensaries began opening throughout the state.
Public Consumption Laws
While medical marijuana is legal in Florida, public consumption of any form of marijuana is still prohibited. This includes smoking, vaping, and consuming edibles in public spaces such as parks or sidewalks. Violating this law can result in fines and/or jail time.
Cannabis DUI Laws
Florida's cannabis DUI policy is impairment based with no per se THC limit. This means if the evaluating law enforcement finds you to be operating a vehicle while under the influence of cannabis, you will be charged with a DUI.
Cultivation Laws
Only licensed medical marijuana treatment centers are allowed to cultivate and distribute marijuana in Florida. It is illegal for individuals to grow their own marijuana, even if they have a medical card.
Possession Laws
Possession of marijuana in Florida is still illegal for recreational use. However, those with a valid medical card can legally possess up to 2.5 ounces of marijuana within a 35-day supply period.
Brief Legislative History
- 2014: The Compassionate Medical Cannabis Act was passed, allowing for low-THC cannabis to be used by patients with qualifying conditions.
- 2016: Amendment 2 was passed, legalizing medical marijuana for a wider range of qualified conditions.
- 2019: Governor Ron DeSantis signed legislation repealing the ban on smoking medical marijuana and also allowed for patients to use smokable forms of marijuana.
- 2024: Florida's ballot initiative to legalize recreational marijuana, known as Amendment 3, failed to pass after falling short of the required 60 percent supermajority vote.
*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.