Is Weed Legal in Florida?
Recreational marijuana is illegal in Florida, and medical marijuana is legal for patients with a state card. Possessing 20 grams or less without a card is a first-degree misdemeanor (Florida Statutes 893.13). Patients with a qualifying condition can buy from licensed dispensaries once a qualified physician enters an order in the state registry (381.986).
Key facts
- Up to 20 grams is a misdemeanor with up to 1 year in jail and a $1,000 fine (775.082, 775.083).
- 941,616 patients held active medical ID cards on September 25, 2026 (OMMU).
- Adult use won 55.9% in 2024, short of the 60% needed (Ballotpedia).
- The 2026 adult-use petition did not make the ballot (CBS News Miami).
Marijuana Penalties in Florida
Florida draws the line at 20 grams, about seven-tenths of an ounce. Up to that amount, possession is a misdemeanor. Above it, the charge becomes a third-degree felony.
Marijuana possession penalties in Florida
Source: Florida Statutes 893.13(6), 775.082 and 775.083
Vapes and concentrates are the trap. The 20-gram misdemeanor tier defines cannabis to exclude “the resin extracted from the plants” and anything made from it. A THC vape cartridge or wax bought outside the medical program can be charged as a felony at any weight, because it falls back under the general possession rule in 893.13(6)(a).
Medical Marijuana in Florida
The medical program has grown to 941,616 active patients, up from 268,877 in 2019. Voters put medical marijuana in the state constitution in 2016, and the Legislature sets the rules in section 381.986.
| Category | Value |
|---|---|
| 2019 | 268877 |
| 2020 | 420743 |
| 2021 | 619228 |
| 2022 | 753618 |
| 2023 | 848942 |
| 2024 | 883503 |
| 2026 | 941616 |
Source: Florida Department of Health, Office of Medical Marijuana Use, weekly updates from September 27, 2019 to September 25, 2026. We could not find the late-September 2025 update, so 2025 is left out.
To qualify, a patient needs a diagnosis on the state’s list and an order from a qualified physician. The list in 381.986(2) covers cancer, epilepsy, glaucoma, hiv or aids, post-traumatic stress disorder, als, crohn's disease, parkinson's disease, multiple sclerosis, a terminal condition, chronic nonmalignant pain, and conditions of the same kind or class as those listed. Physicians must take a 2-hour course and exam before they can order it.
- 781
- licensed dispensing locations, week of September 18-24, 2026
- 57%
- of locations run by the five largest companies
- 22%
- run by Trulieve alone
Medical use has limits. Patients may not use marijuana on public transportation or in any public place, except low-THC cannabis that is not smoked. A physician can order no more than three 70-day supplies at a time, or six 35-day supplies of smokable marijuana. Patients under 18 may be ordered smokable marijuana only with a terminal condition and a second physician’s sign-off (381.986).
Hemp and Delta-8 in Florida
Hemp products are legal in Florida if they hold no more than 0.3% total delta-9 THC. Hemp extract meant to be eaten or inhaled may not be sold to anyone under 21, and selling it to a minor is a second-degree misdemeanor (581.217).
A federal change could end most intoxicating hemp nationwide. Congress narrowed the federal definition of hemp to count total THC, and the change has been delayed to December 11, 2026, according to the Cannabis Law Blog. Our Texas THC explainer shows what happened when one state banned delta-8 first.
Florida Marijuana by Situation
Open the situation closest to yours. This is general information, not legal advice.
Florida marijuana rules, by situation
I want a medical card
- Check whether your diagnosis is on the list in section 381.986.
- See a qualified physician, who must enter an order for you in the state registry.
- Apply for your ID card online through the Medical Marijuana Use Registry.
- Buy only from a licensed medical marijuana treatment center.
OMMU reported 941,616 active cardholders on September 25, 2026 and processing times of about 5 business days.
I was stopped with marijuana
- Say you want a lawyer, and then stop talking about the case.
- Do not consent to a search of your car, phone or home.
- If you cannot afford a lawyer, ask for a public defender at your first appearance.
- Tell your lawyer the exact form: flower, vape, wax or edible. The charge depends on it.
Up to 20 grams of flower is a misdemeanor, but resin products such as vapes fall outside that tier.
Buying hemp or delta-8 products
- You must be 21 or older to buy hemp extract meant to be eaten or inhaled.
- Look for a label and lab results showing 0.3% total delta-9 THC or less.
- Watch for the federal hemp change due December 11, 2026.
Florida Statutes 581.217 sets the 0.3% limit and the age-21 rule.
Visiting from a legal state
- Leave your cannabis at home. Florida does not honor other states' recreational purchases.
- Florida's medical program is for Florida patients with Florida cards.
- Marijuana is still illegal under federal law, including at airports.
Florida possession law applies to any marijuana in the state, wherever it was bought.
Why Legalization Keeps Falling Short
Florida voters have backed marijuana in every statewide vote since 2014, but only the 2016 medical amendment cleared 60%. The state constitution sets that bar for any amendment. Amendment 3 in 2024 won 5,950,589 votes, 55.9% of those cast on it, and would have needed about 435,879 more yes votes to pass.
| Category | Value |
|---|---|
| 2014 medical | 57.6% |
| 2016 medical | 71.3% |
| 2024 adult use | 55.9% |
Source: Ballotpedia, certified results from the Florida Division of Elections. Florida requires 60% approval for a constitutional amendment.
The 2026 attempt never reached the ballot. Initiative #25-01 needed 880,062 valid signatures by February 1, 2026. A state appeals court ruled on January 23, 2026 that 41,894 signatures from voters listed as inactive and 28,752 gathered by noncitizens or nonresidents were invalid, and the Florida Supreme Court declined to review the case on March 9, 2026 (Ballotpedia).
- Medical amendment falls short
- Medical marijuana passes
- Adult use falls short
- New petition blocked
Florida marijuana on the ballot: 2014: Medical amendment falls short (57.6% yes, under the 60% rule). 2016: Medical marijuana passes (Amendment 2 won 71.3%). 2024: Adult use falls short (Amendment 3 won 55.9%, under 60%). 2026: New petition blocked (Initiative #25-01 did not qualify for the ballot).
The 60% rule is the real dividing line. Florida voters added it to the constitution in 2006 (Ballotpedia). Legalization supporters say it lets a minority block what most voters want; defenders of the rule say the constitution should change only with broad agreement, and that lawmakers can still change marijuana penalties by statute.
Where Things Stand
Florida marijuana and THC, laws and fights to watch
As of September 29, 2026
- Adult-use marijuana amendment (Initiative #25-01) Ended, Not on the 2026 ballot
The Florida Supreme Court declined to hear the campaign's appeal on March 9, 2026, leaving it short of the 880,062 signatures required. (source)
- 2024 Amendment 3 (adult-use marijuana) Ended, 55.9% yes, short of 60%
Won a majority on November 5, 2024 but failed under the 60% rule for constitutional amendments. (source)
- Medical marijuana program Law, 942,000 active patients
OMMU counted 941,616 qualified patients with active ID cards on September 25, 2026. (source)
- Federal rescheduling of marijuana Proposal, Schedule III
FDA-approved marijuana drugs moved to Schedule III on April 28, 2026; a DEA hearing on marijuana itself began June 29, 2026. (source)
- Federal hemp definition change Paused, until December 11
Due November 12, 2026, then delayed to December 11, 2026 by the funding law signed September 2, 2026 (H.R. 6500), according to the Cannabis Law Blog. Some products may still change on November 12. (source)
Source: Ballotpedia; Florida Office of Medical Marijuana Use; Federal Register; Cannabis Law Blog
Florida Marijuana Questions
Is weed legal in Florida in 2026?
Not for recreational use. Possessing 20 grams or less of marijuana is a first-degree misdemeanor with up to 1 year in jail and a $1,000 fine. Medical marijuana is legal for patients with a qualifying condition and a state ID card; 941,616 people held one on September 25, 2026.
Will weed be legal in Florida in 2026?
No. The adult-use amendment for 2026, Initiative #25-01, did not qualify for the November 3 ballot. The Florida Supreme Court declined to hear the campaign’s appeal on March 9, 2026. Any change would now have to come from the Legislature or a future ballot.
Why did Amendment 3 fail if most voters said yes?
Florida requires 60% approval for any constitutional amendment. Amendment 3 won 55.9% on November 5, 2024, about 435,879 yes votes short of 60% of the ballots cast on it.
How much weed is a felony in Florida?
More than 20 grams of marijuana flower is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Oil, wax and vape cartridges count as resin. Resin is left out of the misdemeanor tier, so any amount without a medical card can be charged as a felony.
Can anyone buy from a dispensary in Florida?
No. Florida dispensaries, called medical marijuana treatment centers, may sell marijuana only to qualified patients and caregivers with an active state ID card and an order from a qualified physician entered in the state registry.
Is delta-8 or hemp THC legal in Florida?
Hemp products with no more than 0.3% total delta-9 THC are legal under Florida law, and hemp extract meant to be eaten or inhaled may not be sold to anyone under 21. A federal change to the definition of hemp, delayed to December 11, 2026, could outlaw most intoxicating hemp products nationwide.
What You Can Do
- Know the form, not only the weight. Flower under 20 grams is a misdemeanor; a vape cartridge without a medical card can be a felony.
- If you qualify, get the card. Start with the Office of Medical Marijuana Use and a qualified physician.
- If you are charged, get a lawyer before you plead. Ask for a public defender if you cannot afford one. Our public defender guide explains how.
- Tell your state legislators what you think. The Legislature can change marijuana penalties without a ballot measure. Our letter-writing guide shows how.
- Compare other states. Our Texas marijuana and THC explainer covers a state that went the other way on hemp.