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Florida Marijuana Laws Updated For 2021

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Florida Marijuana Laws Updated For 2021

So, Is Weed Legal in Florida? Florida marijuana laws are certainly quite straightforward. In the state of Florida, recreational marijuana use is prohibited. However, marijuana for medical use has been legalized. In this article, we will cover what you need to know about the Florida cannabis laws of 2021. Find out the limits allowed in Florida and the consequences if your found with marijuana, and do not have a medical recommendation. Although there has been some counties in Florida that have decriminalized marijuana laws, there are some who have not.

The year 2021 has truly been a hectic year! Despite this, marijuana sales across the USA continue to remain somewhat stable. In the near future, economists expect marijuana sales, and the industry as a whole, to flourish. Still, it seems to remain that Florida is unlikely to legalize marijuana for recreational use within the year.

Florida Medical Cannabis Laws 2020

Florida medical cannabis limit

Medical cannabis users living in Florida can have up to 2 and a half ounces, and legally buy more every 35 days. Florida, nicknamed the Sunshine State of the USA. Sunny skies, warm beaches, and Disneyland. However, they still have not passed recreational marijuana into law. Florida cannabis laws of 2020 dictate that only medical marijuana is legal by law. 

Cultivation Law Not Friendly For Medical Users

florida cannabis growing law

The state of Florida is strict when it comes to who can grow marijuana. Only a few commercial growers who had to apply for licenses are allowed to grow cannabis in Florida.

Recreational Cannabis Is Not Yet Legal In Florida

Unfortunately, in the state of Florida, recreational marijuana has not been legalized.  At the beginning of the year 2020, a Senator by the name of Jeff Brandes did introduce a new bill—SB 1860— which would legalize the possession and use of cannabis for recreational purposes. 

The bill proposed that all person(s) over the age of 21 years and older would be permitted to use marijuana legally. Sadly on March 14th, 2020 the bill died, deeming recreational marijuana still illegal. 

Florida Counties and Penalties For Possession Of 20 Grams Or Less Of Cannabis

Florida CountyOffense PenaltyFee
Tampa Bay1st Offense Citation$75
Tampa Bay2nd OffenseCitation$150
Tampa Bay3rd OffenseCitation$300
Miami-Dade 1st offense Citation $100 or 2 days of community service.
Orlando 1st offense Citation $100
Orlando 2nd OffenseCitation $200 or 8 hrs of drug education. Community service can also be subsituted.
Palm Beach1st offense Citation $100
Palm Beach2nd OffenseCitation $100
Broward County1st offense Citation$100

Possession of up to 20 grams of marijuana without a medical recommendation can result in not only one year of jail time, but also a fine of up to $1,000 in some counties. Alright, so what if you accidentally acquire more than 20 grams of marijuana? Florida marijuana laws state that if you possess more than 20 grams of marijuana then you could face jail time of up to 5 years and not to mention a hefty fine of up about $5,000.

Florida cannabis laws state that if a person is found with 20 grams or less of marijuana in their possession, then they’re in trouble! However, some counties in Florida have decriminalized the possession of 20 grams or less of cannabis. This decriminalization law for cannabis passed in 2016.

Possession of up to 20 grams of marijuana used to result in one year of jail time. But now there is no arrest, its been replaced with a citation and fine of up to $100.  A second offense of the same crime is a fine up to $200.00. The third offense will require a visit to the court house. These new Florida cannabis laws are much more nicer than the previous ones before it.

Marijuana Laws in Florida: Is CBD Oil Legal in Florida?

Yes and No! In the state of Florida, it is legal to purchase CBD oil which has been derived from hemp-based plants. CBD derived from marijuana is illegal. 

To further elaborate, in 2014 Senate Bill 1030  was approved by lawmakers in Florida. This bill dictates that it is legal for people with a qualifying medical condition to possess and use low-THC CBD based products. To emphasize, you do not need a medical card to purchase hemp-based CBD products in Florida.

That being said, in 2019 another senate bill was passed—SB 182—this bill allows medical marijuana patients to possess, use, and smoke CBD based products that contain a higher (than normal) amount of THC.  

History Of Florida Medical Marijuana Laws

As we discussed above, marijuana for recreational use is prohibited in the sunshine state. However, Florida marijuana laws do make certain provisions for those who wish to use cannabis for medical purposes. To understand more about the Florida marijuana laws—for medical purposes that is— we need to look at 3 laws/acts:

  • The Compassionate Medical Cannabis Act
  • Amendment 2
  • State Bill 1030

Alright, let’s break it down…

The Florida Marijuana Act, known as, The Compassionate Medical Cannabis Act, is a bill that allowed patients to legally possess and consume cannabis for medical purposes. Specifically, under this bill:

  • A patient is legally allowed to possess and purchase products containing low THC-cannabis 
  • This bill also allows the attending physicians to order and prescribe low-level THC-cannabis products to their patients.

Not too long after the formation of The Compassionate Medical Cannabis Act, did Amendment 2 come into play? Now, among Florida Marijuana laws lies the next important legislation—Amendment 2. In its very essence, this law created Florida’s medical marijuana program.

It not only protects patients who qualify for medical cannabis, but it will also protect the attending physicians, dispensaries, and caregivers who service medical marijuana patients. Amendment 2 states that to qualify for medical marijuana a patient must be diagnosed with “qualifying” medical conditions. To give you an example, here is a list of some qualifying medical conditions.

  • Cancer
  • Epilepsy
  • Glaucoma 
  • Human immunodeficiency virus (HIV)
  • PTSD 
  • Multiple Sclerosis 

Finally, we come to State Bill 1030! Remembering that in 2014, the Compassionate Medical Cannabis Act dictated that patients were only permitted to use low-THC cannabis products?

Well, in March of 2016, State Bill 1030 further emphasized that now patients can use full-strength medical marijuana if they were diagnosed with a terminal condition.

Florida Pot Laws 2019 and 2020

Florida Marijuana laws state that a qualifying patient must legally purchase their medical marijuana from a licensed dispensary. Now, in the state of Florida, there are no dispensaries, just marijuana treatment centers which are heavily controlled by the Florida Department of Health. 

To purchase medical marijuana you must show your state-issued medical marijuana ID card. This card will enable you to purchased marijuana products at any medical marijuana treatment center.

Now, as we mentioned above. The 2014 act, The Compassionate Medical Cannabis Act, only allowed patients to purchase low THC cannabis products. So, what can you buy?

Fortunately, in 2019 SB 182 was passed by lawmaker Senator Brandes. This bill expanded on the use of marijuana for medical purposes. It states that a qualifying patient is now legally allowed to smoke medical cannabis.

In addition, they are now legally allowed to possess up to 2.5 ounces of cannabis every 35 days. Prior to the passage of SB 182, medical marijuana patients were only allowed to use marijuana products like tinctures, aerosols, and ointments.

Florida Weed Laws: The Do’s and Don’t!

If you’re planning on taking a trip to Florida, it is important to familiarize yourself with Florida marijuana laws. Here are some important do’s and don’t to follow:

  • Even if you are medically qualifying patient, under the Florida marijuana laws, it is illegal to grow your own cannabis.
  • Don’t smoke or use marijuana in public and in any form
  • Driving while intoxicated is still illegal
  • If you do legally qualify for medical marijuana, keep it to 2.5 ounces.

To put simply, if you really are keen on visiting a cannabis-friendly state, then check out Oregon Cannabis laws  or Colorado Marijuana laws

Summarize Of Current Florida Cannabis Laws 

To briefly recap the Florida marijuana laws, here’s a quick summary:
  • Medical marijuana is legal in Florida. However, it is heavily regulated. 
  • It was initially illegal to smoke marijuana or even use cannabis products that are high in THC content. However, with the expansion of medical marijuana laws. It is now legal to smoke marijuana. 
  • If you do require medical marijuana, you will need to be above 21 years of age. If you are a minor then you require hand-written permission from either a parent or guardian.



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