Florida Marijuana Laws (2026): Possession, Penalties and Medical Rules

By James Buddsey · Updated November 5, 2026

No. Recreational marijuana is illegal in Florida, and possessing 20 grams or less is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine. Medical marijuana is legal for registered patients with a state ID card, who may possess up to a 70-day supply, with smokable flower capped at 2.5 ounces per 35 days. As of October 2026, no adult-use measure is on the state ballot.

This guide is for Florida residents, seasonal residents and visitors who want to know what is allowed, what the penalties are, and how the medical program and hemp rules work. It reflects the law as of October 2026, with links to the statutes. It is general information, not legal advice.

Florida Cannabis Laws at a Glance

Is Marijuana Legal in Florida?

Only for medical use. Florida’s medical marijuana program rests on Article X, Section 29 of the state constitution and is carried out through section 381.986 of the Florida Statutes, run by the Department of Health’s Office of Medical Marijuana Use. Everyone else who possesses cannabis is breaking state law.

As of October 2026, the Department of State’s initiative database shows no adult-use measure on the 2026 ballot. It lists three “Adult Personal Use of Marijuana” petitions targeting the 2028 general election, including one from Smart & Safe Florida.

Penalties for Marijuana Possession in Florida

• 20 grams or less: a misdemeanor of the first degree under Fla. Stat. 893.13(6)(b). The maximum sentence is 1 year in jail under Fla. Stat. 775.082 and a $1,000 fine under Fla. Stat. 775.083.
• More than 20 grams: possession without a lawful prescription or order is a third-degree felony under Fla. Stat. 893.13(6)(a), punishable by up to 5 years in prison and a $5,000 fine.
• Concentrates: the 20-gram misdemeanor rule applies to “cannabis,” which Florida’s statute defines to exclude resin extracted from the plant. Vape cartridges, wax and other extracts held outside the medical program are not covered by the misdemeanor rule and fall under the felony provision.
• Medical patients who break the rules: since July 1, 2025, the Office of Medical Marijuana Use must cancel the registration of a patient or caregiver convicted of, or pleading no contest to, trafficking, selling, manufacturing or delivering under chapter 893, according to the OMMU, which cites SB 2514 (Chapter 2025-204, Laws of Florida).

Florida’s Medical Marijuana Program

A Florida physician must certify a patient for a qualifying condition and enter the certification into the state registry. The patient then applies for an ID card. The OMMU charges $75 per application, cards expire one year after approval, and renewals may be filed starting 45 days before expiration.

Qualifying conditions under Fla. Stat. 381.986(2) are cancer, epilepsy, glaucoma, HIV, AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, conditions of the same kind or class as those, a terminal condition diagnosed by a second physician, and chronic nonmalignant pain.

Limits:

• A physician may issue certifications covering no more than three 70-day supply limits, or six 35-day supply limits of smokable marijuana.
• A treatment center may not dispense more than a 70-day supply in any 70-day period, or more than 2.5 ounces of smokable marijuana in any 35-day period, unless the department approves an exception.
• Patients and caregivers may not possess more than a 70-day supply, or 4 ounces of smokable marijuana.
• Edibles may contain no more than 200 mg of THC per package and 10 mg per serving.
• Smokable marijuana for patients under 18 requires a terminal condition and the agreement of a second physician who is a board-certified pediatrician.

Seasonal residents who live in Florida at least 31 consecutive days a year and keep a temporary residence here may register using proof of address. Permanent residents register with a Florida driver license or ID card.

Where Medical Marijuana Use Is Not Allowed

Under Fla. Stat. 381.986(1)(k), medical use does not include use on public transportation, in any public place, at the patient’s workplace unless the employer allows it, in a correctional institution, on school grounds, or in a school bus, vehicle, aircraft or motorboat. Low-THC cannabis that is not smokable is the exception for public transportation, public places and vehicles. Smoking in an enclosed indoor workplace is also excluded. Using non-low-THC marijuana in plain view of the public or in those places is a first-degree misdemeanor under 381.986(12)(c).

Hemp, Delta-8 and THCA in Florida

Florida regulates hemp extract under Fla. Stat. 581.217:

• Hemp extract meant for ingestion or inhalation may not be sold to anyone under 21. A first violation by a seller is a second-degree misdemeanor.
• Hemp must contain no more than 0.3% total delta-9 THC, measured on a dry-weight basis for plants and on a wet-weight basis for hemp extract products (Fla. Stat. 581.217(3)(e)).
• Containers need a QR code or barcode linked to a certificate of analysis, must be child-resistant, and may not be attractive to children.

The statute’s limits are written in terms of total delta-9 THC, and FDACS Rule 5K-4.034 counts THCA toward that total (delta-9 THC plus 0.877 times THCA), so high-THCA flower generally fails Florida’s 0.3% test. A federal law signed November 12, 2025, moves federal hemp to a total-THC standard, caps finished products at 0.4 mg total THC per container and excludes synthesized cannabinoids such as most delta-8. Products with cannabinoids the plant cannot naturally produce, such as THC-O, lose hemp status November 12, 2026; the other limits, including the delta-8 exclusion, take effect December 11, 2026. See our federal law guide.

Growing, Driving and Traveling With Cannabis

Home growing: illegal. A patient or caregiver who grows marijuana violates chapter 893, and the state may revoke the patient’s registration, under Fla. Stat. 381.986(12)(d) and (5)(f).

Driving: under Fla. Stat. 316.193, it is DUI to drive under the influence of a controlled substance to the extent your normal faculties are impaired. Florida sets no THC blood limit; the state must prove impairment.

Travel: carrying marijuana across a state line or onto a plane is illegal under federal law, even with a Florida card. Federal land, including national parks and military bases, follows federal law, where adult-use marijuana remains Schedule I.

What Changed in Florida Cannabis Law Recently

• Registry cancellations (2025): SB 2514 requires the OMMU to cancel registrations after certain drug-dealing convictions or pleas occurring on or after July 1, 2025.
• Ballot (2026): no adult-use amendment qualified for the November 2026 ballot; petitions are filed for 2028.
• Federal rescheduling (2026): in April 2026 the Justice Department moved marijuana held under a state medical marijuana license, which includes Florida’s licensed program, to Schedule III. Recreational marijuana remains Schedule I.

Florida Marijuana Laws FAQ

More Cannabis Law Guides

Compare Florida with other states in our state-by-state cannabis law guides, read the latest on rescheduling in our federal marijuana law guide, or check neighboring Georgia and Alabama.

General information about Florida cannabis law as of October 2026, not legal advice.