Florida Cannabis Laws
Recreational Marijuana in Florida
Florida has some of the harshest recreational marijuana laws in all of the United States. The possession of 20 grams or less of marijuana is charged as a misdemeanor with one year imprisonment and a fine of $1,000. Possession, use, or sale of anything greater than 20 grams is charged as a felony with prison time ranging from five years to 30 years and up to $200,000 in fines. Also, if you are convicted of a marijuana-related offense, the state of Florida can suspend your driver’s license for one year.
Mandatory Minimum Sentences for Marijuana
A mandatory minimum sentence is when a judge must sentence the defendant to at least the outlined mandatory minimum amount of jail time for violating a specified law. With other offenses, the judge is given some wiggle room to consider special circumstances, adjusting the defendant’s jail time to reflect the specifics of their individual case. However, with a mandatory minimum sentence, there is no ability to adjust the sentence based on the circumstances.
Many Florida marijuana laws include a mandatory minimum sentence for both possession and sale. For example, possession of between 25 and 2,000 lbs. of marijuana comes with a mandatory minimum sentence of three years, and possession of 2,000 to 10,000 lbs. of marijuana comes with a mandatory minimum sentence of seven years of jail time.
Is Hash Legal Under Florida Marijuana Laws?
Also known as hashish, hash is an extremely potent cannabis product that is made using the resin found on marijuana plants. Hash features high levels of THC, so possessing any amount in Florida is classified as a felony. Being caught in possession of hash can result in up to five years in jail and a $5,000 fine. Selling, delivering, or manufacturing hash is also a felony, and carries the same penalties as a possession.
Marijuana Concentrate in Florida
Marijuana concentrate is another highly potent form of cannabis, with all excess plant materials filtered out of the final product, leaving users with a very strong concentrate that only features cannabinoids like THC and CBD. Marijuana concentrates hold the exact same penalties as hash, with possession, sale, and/or delivery resulting in five years of jail time and a $5,000 fine.
Florida Marijuana Laws Regarding Drug Paraphernalia
Marijuana paraphernalia” is any product used as an accessory for using marijuana, such as pipes and bongs. The possession of marijuana paraphernalia is a misdemeanor, with Florida marijuana law punishing those in possession of paraphernalia with up to one year of jail time and a $1,000 fine.
Local Decriminalization of Marijuana
Florida has several local jurisdictions that have passed local resolutions or laws that decriminalize the possession of marijuana or other cannabis products. For example, in Miami-Dade County, possessing up to 20 grams of marijuana only comes with a $100 fine.
Compare that penalty to the much more restrictive Florida marijuana law for the entire state, where the penalty for possession of up to 20 grams of marijuana is a misdemeanor that results in a $1,000 fine and up to a year of jail time. Check with your local Florida government for more details regarding the local decriminalization of marijuana.
Hemp derived CBD products/Flower: In 2019, the law was signed to allow industrial hemp growth with strict protocols through the department of Agriculture. Although it was a huge victory for farmers, the law featured a limitation. It primarily limited the THC level a CBD product could have to about 0.3%. Therefore, as a general rule, provided the THC level remains below 0.3%, you can legally buy, trade, and sell CBD.
Selling hemp-derived CBD online and/or in retail outlets is legal in Florida. The product just needs to have its THC level within the legal limit. To purchase marijuana-derived CBD, however, it must adhere to the Florida medical marijuana standard.
Qualified medical marijuana patients are allowed to possess up to a 70-day supply of non-smokable marijuana at any given time and all marijuana products in possession of a patient must remain in their original packaging. Definitive quantities in relation to a 70-day supply are determined by a patient's physician and may be higher or lower than others depending on the patient’s required medicinal usage. However, this does not apply to smokable forms of marijuana. Qualified physicians may order up to six 35-day supplies of medical marijuana in a form for smoking within each certification, and a 35-day order may not exceed 2.5 ounces of smokable medical marijuana. Qualified patients may only possess up to 4 ounces of medical marijuana in a form for smoking at any given time.
Similar to possession laws, qualified patients or designated caregivers may purchase up to a 70-day supply of non-smokable marijuana products from state-licensed Medical Marijuana Treatment Centers. For smokable forms of marijuana, 2.5 ounces is considered a 35-day supply, though this does not supersede the 4-ounce possession limit.
Under no circumstance is medical marijuana allowed to be consumed by anyone other than qualifying patients. Marijuana in Florida may only be consumed by qualifying patients for medical use. Medical use means the purchase, possession, consumption, transport or ingestion of marijuana by a qualifying patient or caregiver to treat a debilitating medical condition.
Additionally, medical marijuana may not be used or administered in the form of smoking and flower is not allowed to be sold in dispensaries unless it is sealed in a tamper-proof receptacle for vaping.
Driving Under the Influence
Driving under the influence of marijuana remains illegal and punishable by law in the state of Florida. Punishments are similar to those of alcohol DUIs, with the first offense facing up to 6 months in jail or fines up to $1,000. Severity of penalties increases with every conviction, so it is strongly advised to never drive under the influence of marijuana.
Exporting marijuana, even to other states with legal medical marijuana, is illegal and will result in steep punishment for those apprehended in the act. Medical marijuana in Florida is legal for the sole purpose of helping qualifying patients with debilitating conditions. Therefore, the marijuana is strictly prohibited from export and must only be consumed in the state of Florida.
Qualifying patients are NOT allowed to grow any plants at home, nor are caregivers. Only registered Medical Marijuana Treatment Centers are able to cultivate or process marijuana. Caregivers are allowed to obtain medical marijuana for patients they assist, but they are not able to grow or consume any medical marijuana.
Florida allows medical cannabis delivery throughout the state