Many of you have been asking, is weed legal in Florida? Whether you are a resident or you’re visiting the state, it’s important to know and be aware of the legalities of the substance while you are in the state. So, in this article, we will be focusing on that!
We’ll get on and unravel the truth behind whether marijuana is legal in the state in either medical or recreational use – or both, as well as other relative elements to it.
Understanding Cannabis Laws in the State of Florida
- 1 Understanding Cannabis Laws in the State of Florida
- 2 Is Weed Legal in Florida?
- 3 Cannabis Legalities in Different Counties and Municipalities
- 4 How to Get a Medical Marijuana Card in Florida?
- 5 Illegal Cannabis Use Penalties
The nooks and crannies of the legalities of marijuana in each state could be confusing. However, it is just right for you to have a full understanding of certain laws to keep yourself away from repercussions and unwanted apprehensions from the federal state!
We know how busy you are, so, we’ll keep this short and concise. As of writing, cannabis is still considered illicit under federal law. The only recent changes would be about the use and possession of medical marijuana.
Medical marijuana has been decriminalized and labeled legal, given that the person involved possesses a Medical Marijuana Use Authorization or a medical marijuana card granted by the state of Florida.
To keep it short and simple, the use of recreational marijuana is still considered illegal and can put you in trouble with authorities. Medical cannabis, on the other hand, has been legalized back in 2016.
What’s confusing about all these marijuana rules and regulations is the fact that different cities have different sets of rules about it – we’ll go deeper into that.
Is Weed Legal in Florida?
We know what your real questions are, so, we’d like to get on with it as fast and as swiftly as we can! Is weed legal in the state? If yes, what are the grounds?
So, is weed legal in Florida? Yes and no – let me explain.
It is legal in the sense that medical marijuana is allowed under a certain extent, but recreational marijuana is not. Governor Rick Scott, back in 2014, signed Senate Bill 1030 or the Compassionate Medical Cannabis Act, which allows the use of high-CBD and low-THC.
The qualifying conditions under the bill were amyotrophic lateral sclerosis, cancer, and epilepsy.
Cannabis Legalities in Different Counties and Municipalities
Different municipalities and areas in Florida have their own versions and rules when it comes to the possession, use, and the consumption of cannabis. Let’s dive deeper into each of these!
The county’s commissioners approved a plan to allow the possession of up to 20 grams of cannabis. It was a unanimous vote and the fine would be $100 or a two-day community service.
Civil citations issued for the possession of up to 20 grams of cannabis. It was a unanimous vote (10-3), and would incur a fine of $100 or two days of community service.
Palm Beach County
The Palm Beach County also had a unanimous vote of 4 to 1, allowing civil citations for up to 20 grams of cannabis. Up to the 2nd offense, it is punishable by a $100-fine; a third offense couldn’t be cited, so, instead of it, individuals can choose a 10-hour community service.
Orlando county council approved civil citations for up to 20 grams of marijuana possession. First offense will incur a $100-fine, $200 for a second. Alternatively, offenders can opt to do eight (8) hours of education or community service.
Last but most definitely not least is Tampa. They had aa $75 fine for a first offense and $150 for a second – $300 for third.
Other counties and cities that have approved decriminalization are:
- Hallandale Beach in 2015
- Miami Beach in 2015
- Key West in 2015
- West Palm Beach in 2015
- Alachua County in 2016
- Osceola County in 2016
- Volusia County in 2016
- Port Richey in 2016
- Cocoa Beach in 2019
- Sarasota in 2019
All of these have their own ordinances relating to the possession of cannabis.
How to Get a Medical Marijuana Card in Florida?
The law dictates the eligibility for a medical marijuana card in Florida. As per the state, the following conditions accepted are:
- A Terminal Condition Diagnosed By A Physician Other Than The Qualified Physician Issuing The Physician Certification
- Acquired Immune Deficiency Syndrome (AIDS)
- Amyotrophic Lateral Sclerosis
- Chronic Nonmalignant Pain
- Crohn’s Disease
- Multiple Sclerosis
- Parkinson’s Disease
- Positive Status For Human Immunodeficiency Virus (HIV)
- Posttraumatic Stress Disorder (PTSD)
- Medical Conditions Of The Same Kind Or Class As Or Comparable To Those Enumerated Above
To get it, you’ll need to approach a qualified medical professional to evaluate you for a marijuana card. You will undergo a series of tests to help find out if you are fit for it or not.
NOTE: As per the law, medicinal marijuana or cannabis can be dispensed and distributed in the form of edibles, oils or concentrates, smokes, and vapes.
Illegal Cannabis Use Penalties
Should you be caught in possession or under the influence of the substance, what could happen?
In Florida, the penalties vary by the amount, which is fair. In a typical sense, 20 grams or less is considered a misdemeanor that would incur less than a year of jail time and a monetary fine – this will be determined by a judge.
On the contrary, being caught in possession of 20 grams or more is considered felony, which can result in probation, prison sentence, and/or fines, depending on the amount that will be detected.
So, by these alone, you should already have an idea about whether or not you’re allowed or eligible to possess or consume marijuana in the state of Florida.
Have more questions in mind? Don’t worry, we anticipated that – as we told you, what we experienced was much worse!
Is Weed Decriminalized in Florida?
No, Florida has not decriminalized the possession of small amounts of weed. The state only allows the possession of people who have been approved for medical marijuana.
Can You Smoke Weed in Public in Florida?
No, it’s not. In fact, it would be illegal to smoke weed in public if you are within the vicinity of the Sunshine state.
Are Edibles Legal in Florida?
It is legal in the sense that it’s used for medical purposes ONLY. Consuming marijuana or cannabis edibles for recreational purposes is illegal.
What to Do If You’re Arrested Due to the Possession of Marijuana?
If you have been arrested due to the possession of cannabis, contact a defense attorney. Let your attorney know about the best defense possible.
The Bottom Line
With this article, we hope we’ve shed some light and have answered your question, is weed legal in Florida. In simpler terms, it’s not – it is, however, legal to carry, possess, and consume marijuana if you have been approved for medical purposes and if you have a legal medical marijuana card that granted by a qualified and authorized medical professional.
Be aware of the state’s laws surrounding marijuana and never be in trouble for carrying or possessing cannabis anywhere within the state again!