Is marijuana legal in Florida? No, but federal loophole offers an alternative.
After Florida's Amendment 3 meant to legalize marijuana and enshrine it in the state constitution failed to pass, those hoping for legalization are looking toward the midterm elections for a second chance.
But in the meantime, is there any marijuana legal in Florida?
Yes, and no.
There are medical avenues and some loopholes companies are using to sell marijuana in Florida. Here's what to know.
Recreational use of marijuana is currently illegal in the state of Florida. During the 2024 General Election, Amendment 3 failed to garner 60% of the vote to legalize recreational use of marijuana.
However, Florida does allow the use of medical marijuana for residents diagnosed with specific conditions and have applied and received a Medical Marijuana ID Card.
Florida Rep. Alex Andrade sponsored HB 555 earlier in February, a bill that would allow anyone with a medical marijuana card to grow up to two cannabis plants in their home for personal use. The proposed bill would also extend medical marijuana card renewals to every two years.
Although recreationally illegal, there are loopholes used in 2018 federal legislation to sell marijuana-like products that are federally allowed, such as delta-8 THC.
Delta-8 products typically have milder psychoactive effects than delta-9 THC, the cannabinoid that gives 'real' marijuana its high. Marijuana and hemp are both types of cannabis sativa plants. The kind of weed that you buy in dispensaries comes from marijuana plants, whereas CBD and delta-8 THC both come from hemp plants.
It is psychoactive, meaning it can get you "high," though many users describe it as a sort of "diet weed" with weaker effects than delta-9 THC, the intoxicating component found in marijuana.
Much of delta-8 is not sourced directly from the plant. Since the compound only occurs naturally in trace amounts, most delta-8 products are refined from cannabidiol, or CBD, which is much more plentiful in hemp. These synthetic products have alarmed some legislators and medical professionals, who worry that an unregulated refinement process might result in dangerous chemicals finding their way into consumer products.
This led Florida legislators to passing SB 1698 in 2024, which bans delta-8 products statewide. However, Gov. Ron DeSantis later vetoed the bill.
Not being allowed to sell and consume marijuana recreationally hasn't stopped smoke shops, vape shops and even some gas stations from selling "diet weed" gummies or joints throughout the state, but how is that possible?
A loophole in the 2018 Farm Bill, which allowed the sale of hemp that has low levels of delta-9 THC, apparently federally allows the sale of hemp-based products that do not exceed a certain threshold of THC concentration. According to the Florida Department of Agriculture, hemp cannot exceed 0.3% THC on a dry weight basis.
Delta-8 THC is unregulated by the FDA, though. Which means that any delta-8 THC products that you buy are not federally supervised or regulated in any way and could spark health issues, according to an FDA warning.
If you do not have a Medical Marijuana Card or Medical Marijuana Caregiver Card, there are penalties you could face if caught with marijuana.
Marijuana advocacy group NORML lists the following penalties if caught under Florida Statutes:
Possessing 20 grams or less: first-degree misdemeanor, up to one year in jail and maximum $1,000 fine.
Possession of paraphernalia: Misdemeanor, up to one year in jail and maximum $1,000 fine.
Possessing marijuana within 1,000 feet of a school, college, park or other specified areas: Felony, mandatory three-year sentence and maximum $10,000 fine.
Possessing from 20 grams: to 25 pounds: Felony, up to five years in jail and maximum $5,000 fine.
Possessing from 25 to 2,000 pounds of marijuana: First-degree felony, from three to 15 years in jail and $25,000 fine.
Possessing from 2,000 to 10,000 pounds of marijuana: First-degree felony, from seven to 30 years and $50,000 fine.
Possessing more than 10,000 pounds of marijuana: First-degree felony, from 15 to 30 years and $200,000 fine.
Some communities and municipalities have decriminalized possession of up to 20 grams of marijuana, including Alachua County, Broward County, Cocoa Beach, Hallandale Beach, Key West, Miami Beach, Miami-Dade County, Orlando, Osceola County, Palm Beach County, Port Richey, Sarasota, Tampa and Volusia County.
Looking ahead to the 2026 midterm elections, Smart & Safe Florida is gathering signatures from Florida residents to put a new amendment on the ballot to legalize recreational marijuana.
The company's new ballot summary only slightly differs from the original that appeared before voters in 2024 but does address some of the criticisms DeSantis had during the last election cycle. The full summary says:
"Allows adults 21 and older to possess, purchase, or use marijuana for non-medical consumption. Establishes possession limits. Prohibits marketing and packaging attractive to children. Prohibits smoking and vaping in public. Maintains prohibition on driving under influence. Applies to Florida law; does not change, or immunize violations of, federal law. Allows Medical Marijuana Treatment Centers to acquire, cultivate, process, transport, and sell marijuana to adults. Provides for creation of licenses for non-medical marijuana businesses."
Some of the largest changes includes an explicit statement of prohibiting smoking or vaping marijuana in public places as well as decreasing the proposed carry limit of 3 ounces to 2 ounces.
Contributors: Lianna Norman of Palm Beach Post, Anna Kaufman of USA TODAY, C.A. Bridges of USA TODAY.
This article originally appeared on Pensacola News Journal: Is weed legal in Florida? Medical marijuana, delta-8 what to know
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