Florida
Cannabis laws & medical marijuana program in Florida
- $75/yr
- STATE FEE
- 7–14 d
- TIMELINE
- 11
- CONDITIONS
- 18
- MIN AGE
MEDICAL
LegalPROGRAM
- Year legalized
- 2016
- Reciprocity
- ✗ No
LIMITS
- Possession
- 2.5 oz smokable per 35-day supply; 200 mg THC per edible (10 mg per serving); 70-day cap on total dispensed
- Flower allowed
- ✓ Allowed
- Cultivation
- ✗ Not allowed
COST & TIMELINE
- State fee
- $75 /yr
- Physician fee
- $150–$300 (typical)
- Timeline
- 7–14 days
ELIGIBILITY
- Patient min age
- 18
- Caregiver min age
- 21
- Caregivers / patient
- 1 caregiver per patient (1 patient per caregiver, except for parents/legal guardians of minor patients)
- Out-of-state eligible
- ✗ No
RECREATIONAL
Not legalHEMP
ConditionalSTATUS
- CBD
- Legal
- Delta-8 THC
- Restricted
- Delta-10 THC
- Restricted
- THCa
- Legal
RULES
- Age limit
- 21+ for hemp products containing intoxicating cannabinoids (SB 1676, effective 2024)
- Retail rules
- Hemp products with detectable delta-8 or delta-10 THC require labeling, age verification, and may not be sold in packaging that resembles candy or appeals to minors. Smokable hemp flower remains legal for adult purchase.
- Notes
- Governor DeSantis vetoed a 2024 bill (SB 1698) that would have effectively banned delta-8 and delta-10 products outright. The 2025 framework (SB 1676) imposed 21+ age limits, packaging restrictions, and potency caps instead.
Qualifying conditions
How to register as a patient in Florida
- See an OMMU-registered qualified physician. A Florida-licensed MD or DO who has completed the Office of Medical Marijuana Use (OMMU) qualified-physician training and registered with OMMU may evaluate the patient under §381.986. The physician must establish residency in Florida for the patient (Florida driver license or state ID, plus utility bill or comparable documentation for seasonal residents) and must certify one of the ten enumerated conditions or a "comparable class" diagnosis.
- Physician submits certification to the OMMU registry. The qualified physician enters the patient certification into the OMMU Medical Marijuana Use Registry electronically. Once entered, the registry generates an application number that the patient uses for the next step. Patients may not self-register before physician entry.
- Complete the patient application and pay the $75 state fee. The patient logs into the OMMU registry with the application number, uploads a passport-style photograph and Florida driver license or state ID, and pays the $75 annual state ID card fee. Caregivers are registered through the same registry for the same fee and must pass a Level 2 background check.
- Receive the OMMU ID card and purchase from an MMTC. Florida medical marijuana use cards arrive by mail within roughly 10 business days of complete application. Patients may purchase up to 2.5 ounces of smokable cannabis per 35-day supply window and a 70-day supply of non-smokable forms from any of Florida’s licensed Medical Marijuana Treatment Centers (MMTCs). Cards renew annually with a new physician visit and a new $75 fee. Florida does not honor out-of-state medical cards; seasonal residents apply through the same OMMU process.
- State registration fee
- $75
- Physician visit (typical)
- $150–$300
- Certification to card
- 7–14 days
- Out-of-state patients
- Not eligible
- Minors
- Eligible with caregiver
Hemp sources: Florida SB 1676 (2025) — hemp extract regulation; Florida Department of Agriculture: Hemp / CBD
For product-specific guides, see all hemp products.
Articles on Florida
Florida's 2026 cannabis ballot collapsed at signature validation. Here's the math behind the failure.
Smart and Safe Florida's 2026 adult-use ballot effort missed certification by ~87,000 valid signatures. The gap was operational, not political. Floridians voted 56% yes in 2024 but the state requires 60%.
Overview
Florida legalized medical cannabis on November 8, 2016 via Amendment 2 to the state constitution, which won 71.3% of the vote. Comfortably above the state's 60% supermajority threshold for constitutional amendments. The program is administered by the Office of Medical Marijuana Use (OMMU) under the Florida Department of Health, and is codified at Florida Statute §381.986, most recently amended by Chapter 2025-204 (signed July 1, 2025).
Florida has not legalized adult-use cannabis. Amendment 3 of 2024 received 56% support (short of the 60% threshold) and a follow-up 2026 ballot effort by the Smart and Safe Florida campaign failed to qualify, with state officials validating only 793,000 of the roughly 1.4 million signatures submitted (the threshold was 880,000).
Medical program details
Qualifying conditions
Florida Statute §381.986(2) lists ten enumerated conditions plus a comparable-class clause:
- Cancer
- Epilepsy
- Glaucoma
- HIV positive status
- AIDS
- Post-traumatic stress disorder
- Amyotrophic lateral sclerosis (ALS)
- Crohn's disease
- Parkinson's disease
- Multiple sclerosis
- Conditions "of the same kind or class as or comparable to" those above
- Terminal conditions (diagnosed by a non-treating physician)
- Chronic nonmalignant pain caused by or originating from a qualifying condition
Possession & dispensing limits
Per §381.986(4):
- Smokable form: maximum 2.5 ounces per 35-day supply, unless OMMU approves a specific exception.
- Total dispensing: no more than a 70-day supply of medical marijuana in any 70-day period.
- Edibles: maximum 200 mg of THC per product; 10 mg of THC per single-serving portion.
Patient & caregiver rules
- Patients under 18 require concurrence from a second qualified physician before certification.
- Caregivers must be 21 or older and Florida residents, complete OMMU caregiver training, and pass a background screening unless they are a close relative of the patient.
- Home cultivation is prohibited. A 2026 bill (SB 0776) that would have authorized patients to grow up to six plants died without a committee vote.
Reciprocity
Florida does not recognize out-of-state medical cannabis cards. Patients must be Florida residents to register with the OMMU.
Adult-use penalties
Unauthorized possession is governed by Florida Criminal Code §§893.13, 893.135, and 893.147:
- Under 20 g: 1st-degree misdemeanor. Up to 1 year in jail, $1,000 fine, and driver's-license suspension.
- 20 g to 25 lb: 3rd-degree felony. Up to 5 years and $5,000.
- 25 lb to 2,000 lb: mandatory minimum 3 years, max 15 years, $25,000.
- 2,000 lb to 10,000 lb: mandatory minimum 7 years, max 30, $50,000.
- Over 10,000 lb: mandatory minimum 15 years, max 30, $200,000.
- Hash / concentrate: 3rd-degree felony.
- Sale within 1,000 feet of a school or park: enhanced felony, 3–15-year minimums.
Several Florida municipalities (including Miami-Dade, Tampa, Orlando, and Tallahassee) operate civil-citation or cite-and-release programs that allow officers to issue fines of $75–$500 in lieu of an arrest for small-amount possession. These local programs do not override state law and may be revoked at any time.
Recent developments (2025–2026)
- Chapter 2025-204 (July 1, 2025) amended §381.986 to require OMMU to revoke the registry IDs of patients or caregivers convicted of drug trafficking or related controlled-substance offenses.
- Amendment 3 (Nov 2024). Adult-use received 56% support but failed the 60% supermajority threshold.
- Smart and Safe Florida 2026 ballot campaign fell short of signature validation (793k of 880k required). The Florida Supreme Court dismissed the campaign's legal challenge in March 2026.
- SB 1398 (2026 session) would have legalized adult-use cannabis but received no committee hearing.
- Other 2026 patient-protection bills: S 0776 (home cultivation), S 0130 / H 1061 (child-endangerment shield), S 0136 / H 0689 (employment protections). All died without committee votes.
Federal employment and military service
Florida hosts a dense federal-installation footprint led by the Navy, Air Force, and Space Force. Naval Air Station Jacksonville, Naval Air Station Pensacola, Naval Air Station Whiting Field, Eglin Air Force Base, MacDill Air Force Base (home of US Central Command and US Special Operations Command), Hurlburt Field, Patrick Space Force Base, Tyndall Air Force Base, Naval Station Mayport, and Coast Guard Air Station Clearwater collectively employ several hundred thousand active-duty service members, federal civilian staff, and federal contractors. Florida's medical cannabis program operates under state law only; federal employment and benefits frameworks apply concurrently.
Affected populations:
- Active-duty military: UCMJ Article 112a prohibits cannabis use regardless of Florida law. A positive THC test results in administrative or punitive discipline.
- Federal civilian employees: subject to federal drug-free workplace rules under 5 U.S.C. §7301. A positive THC test is grounds for adverse action even where the employee holds a Florida medical card.
- Security clearance holders: Security Executive Agent Directive 4 (SEAD 4) treats current cannabis use as a clearance concern regardless of state legality.
- Federal contractors: Drug-Free Workplace Act of 1988 applies; drug-testing requirements often extend through subcontract chains.
- CDL holders and other DOT-regulated employees: Department of Transportation 49 CFR Part 40 testing rules prohibit cannabis use; a positive test is disqualifying.
Florida Statute §381.986 does not require employers to accommodate medical cannabis use, and the statute does not create a cause of action for wrongful discharge based on a positive THC test. VA medical providers in Florida cannot prescribe or recommend cannabis under federal VA policy, though VA benefits eligibility is not affected by lawful Florida-program participation. Informational only; not legal advice.
Frequently asked questions
Is recreational marijuana legal in Florida?
No. Adult-use cannabis remains illegal in Florida. Possession of 20 grams or less of cannabis is a first-degree misdemeanor under Florida Statute §893.13 carrying up to one year in jail and a $1,000 fine, and possession of more than 20 grams is a third-degree felony with up to five years in state prison and a $5,000 fine. A conviction also triggers a mandatory two-year driver-license suspension under §322.055. Amendment 3 of November 2024 received 56% voter support but failed Florida's 60% constitutional supermajority threshold for citizen-initiated constitutional amendments. The follow-on Smart and Safe Florida 2026 ballot effort did not certify: state officials validated only approximately 793,000 of the roughly 1.4 million signatures submitted, short of the 880,000 valid signatures required. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Who qualifies for Florida's medical cannabis program?
Patients certified by a qualifying physician for one of ten enumerated conditions under Florida Statute §381.986(2) — cancer, epilepsy, glaucoma, HIV positive status, AIDS, PTSD, ALS, Crohn's disease, Parkinson's disease, multiple sclerosis, or terminal illness diagnosed by a non-treating physician — qualify for the Florida medical cannabis program. The statute also includes a comparable-class clause allowing other conditions of the same kind or class, and chronic nonmalignant pain caused by or originating from a qualifying condition also qualifies. The Office of Medical Marijuana Use (OMMU) within the Florida Department of Health maintains the qualified-physician directory at knowthefactsmmj.com. Patients must be Florida residents 18 or older; minors require concurrence from a second qualified physician and a designated caregiver. Caregivers must be 21 or older and Florida residents. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
What can a Florida medical patient possess?
Registered Florida medical patients may possess up to 2.5 ounces of smokable cannabis per 35-day supply window under Florida Statute §381.986(4), with non-smokable forms dispensed up to a 70-day supply during any 70-day period. Edibles are capped at 200 mg THC per product and 10 mg THC per single-serving portion. Patients must purchase exclusively from licensed Medical Marijuana Treatment Centers (MMTCs); home cultivation is prohibited so the 35-day and 70-day caps apply to dispensary-purchased and on-hand inventory combined. Approved product forms include smokable flower (added in 2019 after Governor DeSantis signed SB 182 ending the prior ban), edibles, oils, tinctures, capsules, vapes, and topicals. Designated caregivers may purchase and possess product on behalf of registered patients within the same 35-day and 70-day caps. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Can Florida medical patients grow their own cannabis?
No. Home cultivation is prohibited under Florida Statute §381.986. All medical cannabis must be purchased from licensed Medical Marijuana Treatment Centers (MMTCs) regulated by the Office of Medical Marijuana Use (OMMU). Unauthorized cultivation carries felony charges under Florida Criminal Code §§893.13 and 893.135 with penalties scaling by plant count and weight. A 2026 bill — SB 0776 — that would have authorized patients to grow up to six plants died without a committee vote, continuing a multi-year pattern of patient-cultivation bills failing in the Florida Legislature. The cultivation prohibition leaves Florida patients dependent on the MMTC retail network for all product, including during supply shortages or hurricane-driven dispensary closures. Designated caregivers also cannot cultivate on behalf of patients under any circumstance. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Does Florida honor out-of-state medical marijuana cards?
No. Florida does not recognize medical-cannabis reciprocity under Florida Statute §381.986, meaning out-of-state medical cards do not authorize purchases at Florida Medical Marijuana Treatment Centers (MMTCs), unlock medical-only product inventory, or grant access to the 2.5-ounce smokable allowance available to in-state registered patients. Visiting medical patients from other states cannot legally purchase here even with valid out-of-state documentation, and adult-use cannabis remains illegal statewide so there is no dual-track adult-use option for visitors. Seasonal residents — including snowbirds who spend part of the year in Florida — may apply for the Florida registry under the same requirements as permanent residents, renewed annually with a $75 state fee. Out-of-state cards do not transfer when a patient establishes Florida residency; a new Florida-licensed physician certification is required. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
How do I get a Florida medical marijuana card?
Schedule a visit with a qualified physician registered in the Office of Medical Marijuana Use (OMMU) system under Florida Statute §381.986. The physician must complete state-required training and establish a bona fide patient-physician relationship before issuing a certification through the Medical Marijuana Use Registry. The patient then completes the registry application, uploads proof of Florida residency and a current government-issued photo ID, and pays the $75 annual state fee. Once approved, the registry ID card authorizes purchases at any licensed Medical Marijuana Treatment Center (MMTC) under the practitioner-set 35-day smokable and 70-day non-smokable allowances. The Office of Medical Marijuana Use maintains the qualified-physician directory at knowthefactsmmj.com. Caregivers must be 21 or older, Florida residents, and pass an OMMU background check unless they are a close relative. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Will I go to jail for smoking weed recreationally in Florida?
Possibly, depending on the amount. Under Florida Statute §893.13, possession of 20 grams or less of cannabis is a first-degree misdemeanor punishable by up to one year in county jail, one year of probation, and a $1,000 fine. Possession of more than 20 grams is a third-degree felony with a maximum sentence of five years in state prison and a $5,000 fine. Sale, manufacture, or possession with intent to distribute escalates further — 25 pounds or more is a first-degree felony. A conviction also triggers a mandatory two-year driver-license suspension under §322.055. First-time offenders may qualify for pretrial diversion or drug court in some counties. Smoking in public is prosecuted under the same possession statutes regardless of whether you hold a medical card, because Florida's medical program prohibits public consumption. This summary is informational and not legal advice; consult a licensed Florida attorney for individual cases.
Can anyone buy from a Florida dispensary, or do you need a medical card?
No, only registered medical patients (or their designated caregivers) can purchase from a Florida Medical Marijuana Treatment Center. You must hold an active Medical Marijuana Use Registry ID issued by the Florida Department of Health Office of Medical Marijuana Use, plus a current physician certification for a qualifying condition. Dispensaries verify identity and registry status at the door before allowing entry, and again at the point of sale. Walk-ins without a registry ID are turned away — Florida has no recreational dispensaries because recreational cannabis remains illegal. Florida does not honor out-of-state medical cards, so visiting patients cannot purchase here even with valid documentation from another state. Seasonal residents may apply for the Florida registry under the same rules as permanent residents, including the $75 annual state fee and a qualified-physician certification.
Can I smoke cannabis in public in Florida, including on the sidewalk?
No. Public consumption of cannabis is prohibited in Florida for both registered medical patients and any non-medical user. Florida Statute §381.986(1)(j) bars medical cardholders from smoking medical cannabis in any public place, on public transportation, in an educational facility, or in a workplace that prohibits it. Sidewalks, parks, beaches, and any space open to the general public fall under public place. Vaporization in public is also prohibited under the same provision. For non-medical users, any consumption in public — sidewalk or otherwise — is prosecuted as recreational cannabis possession under §893.13, which is a misdemeanor for 20 grams or less and a felony for more than 20 grams. Indoor consumption on private property is the only legal venue for medical patients, and private-property owners including landlords may still prohibit smoking on their premises. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Which Florida cities or counties have decriminalized cannabis possession?
Several Florida jurisdictions have passed local civil-citation ordinances that allow officers to issue a fine instead of arresting for small-amount possession, but these do not change state law — possession of 20 grams or less remains a state misdemeanor regardless of where you are. Jurisdictions with civil-citation ordinances on the books include Miami-Dade County (ordinance 15-138, 2015), the City of Tampa (ordinance 2016-46), the City of Orlando (ordinance 2016-29), Hallandale Beach, Key West, Port Richey, Cocoa Beach, West Palm Beach, and Alachua, Broward, Osceola, and Volusia counties. Each ordinance varies in fine amount (typically $75–$100 first offense) and in officer discretion: officers may still arrest under state statute rather than issuing a civil citation. Florida Highway Patrol and the Florida Department of Law Enforcement enforce state law regardless of local ordinances. Local ordinances change frequently; verify current status with the relevant city or county police department, or consult NORML's Florida tracker at norml.org/laws/florida for the latest list. This summary is informational and not legal advice.
Will recreational cannabis be legal in Florida in 2026?
No. There is no recreational legalization measure on the November 2026 Florida ballot, and the Florida Legislature has not advanced a recreational legalization bill in the 2026 session. The most recent ballot attempt — Smart and Safe Florida's 2026 initiative — failed to certify after state officials validated only approximately 793,000 of the 1.4 million signatures submitted (880,000 valid signatures were required). The prior attempt, Amendment 3 of 2024, received 56% voter support but failed to clear Florida's 60% constitutional supermajority threshold. Future ballot initiatives would need to begin a new petition drive and clear the same 60% threshold to amend the state constitution. The medical program continues to operate under §381.986 and is expected to remain Florida's only legal access path through 2027 at the earliest, barring legislative action or a successful future ballot initiative.
Sources
- Florida Statute 381.986: Medical use of marijuanaaccessed May 15, 2026
- Florida Office of Medical Marijuana Use (OMMU)accessed May 15, 2026
- NORML: Florida Laws & Penaltiesaccessed May 15, 2026
- Marijuana Policy Project: Floridaaccessed May 15, 2026
- Florida Statute §893.13: Prohibited acts; penalties (controlled substances)accessed May 17, 2026
- Florida Statute §322.055: Revocation/suspension of driver license for drug convictionsaccessed May 17, 2026
- NORML: Florida — Local Decriminalization Ordinancesaccessed May 17, 2026
- Miami-Dade County Code of Ordinances (Municode) — civil-citation ordinance 15-138 (2015)accessed May 17, 2026
- City of Tampa Code of Ordinances (Municode) — ordinance 2016-46accessed May 17, 2026
- City of Orlando Code of Ordinances (Municode) — ordinance 2016-29accessed May 17, 2026