Florida Marijuana Laws

Florida classifies marijuana as a Schedule I controlled substance. Possessing, buying, and growing marijuana are highly regulated in Florida. With very limited exceptions for medicinal use, it's a crime to possess, use, buy, or grow marijuana in Florida.

While not covered in this article, it is also a crime to drive under the influence of marijuana.

Is Possession of Marijuana for Recreational Use Legal in Florida?

No. Recreational use of marijuana remains a crime in Florida. A 2024 ballot measure to legalize adult recreational use of marijuana failed.

Misdemeanor Marijuana Possession

Possession of 20 grams or less of marijuana for personal use is a misdemeanor of the first degree. A conviction means up to one year of jail time and a fine of up to $1,000.

Felony Marijuana Possession

Possessing more than 20 grams of marijuana carries third-degree felony penalties of up to 5 years of prison time and a $5,000 fine. Bringing any amount of marijuana into the state is also a third-degree felony.

Felony Trafficking Charges for Marijuana Possession

Drug trafficking includes selling, buying, cultivating, and bringing large amounts of drugs into the state. But Florida, like many other states, also considers possession of large quantities of drugs to be a trafficking offense.

Anyone who sells, grows, buys, or possesses more than 25 pounds of marijuana or 300 or more marijuana plants commits "trafficking in cannabis" under Florida law. A person convicted of trafficking in cannabis faces penalties for a first-degree felony and a mandatory minimum sentence of 3, 7, or 15 years in prison. The exact penalty depends on the amounts involved.

(Fla. Stat. §§ 893.03(1)(c); 893.13(2)(a), (5), (6)(b); 893.135 (2024).)

Is Medical Marijuana Legal in Florida?

Yes, under state law. Qualified patients who've obtained a registry card for a qualifying condition may purchase and use medical marijuana. Patients must buy medical marijuana from licensed treatment centers. The law limits how much marijuana a qualified patient can possess at one time and where and how it can be used. Qualified patients cannot legally grow their own marijuana.

(Fla. Stat. § 381.986 (2024).)

Is It a Crime to Possess Drug Paraphernalia in Florida?

Yes. Florida makes it a crime to possess, use, manufacture, sell, or deliver drug paraphernalia, including objects used to grow, harvest, manufacture, store, or use marijuana. Penalties vary according to the violation.

Misdemeanor Drug Paraphernalia Crimes

Possession and use of drug paraphernalia is a first-degree misdemeanor, punishable with up to one year in jail and a fine of as much as $1,000.

Advertising the sale of drug paraphernalia also carries first-degree misdemeanor penalties.

Felony Drug Paraphernalia Crimes

Someone who manufactures or possesses paraphernalia with the intent to transport or sell it (or someone who actually sells paraphernalia) is guilty of a third-degree felony. Offenders can face up to 5 years in prison and a fine of as much as $5,000.

An adult who sells drug paraphernalia to a minor younger than 18 is guilty of a second-degree felony, punishable with up to 15 years in prison and a fine of as much as $15,000.

(Fla. Stat. § 893.147 (2024).)

What Are the Penalties for Growing or Selling Marijuana in Florida?

It's illegal to grow or sell marijuana, to possess marijuana with the intent to sell it, or to knowingly maintain a property on which these activities take place. Penalties vary according to the amount grown, possessed, or sold, and whether the crime involved a minor or was committed in a drug-free area, such as a school or church (a factor that increases the applicable penalties).

Delivery of less than 20 grams. Someone who delivers or gives away up to 20 grams of marijuana, without being paid, is guilty of a first-degree misdemeanor, punishable with up to one year in jail and a fine of as much as $1,000.

Sale to a minor. An adult who sells marijuana to a minor younger than 18 (or who hires a minor to sell marijuana to other people), commits a second-degree felony, punishable with up to 15 years in prison and a fine of up to $10,000.

Cultivate, sell, or possess with intent to sell. Cultivating, selling, or possessing marijuana with the intent to do so, is a third-degree felony, punishable with up to 5 years in prison and a fine of up to $5,000.

Drug-free zones. Marijuana sales, cultivation, or possession with intent to sell within 1,000 feet of a school (between 6 a.m. and midnight), college, public recreation area, place of worship, public housing facility, or assisted living facility is a second-degree felony, punishable with up to 15 years in prison and a fine of as much as $10,000.

Maintain a drug property. It's illegal to keep or maintain a store, warehouse, vehicle, or other structure in Florida to cultivate, manufacture, or store marijuana; or use such a structure as a point from which to distribute marijuana or other drugs. A violation is a first-degree misdemeanor, punishable with up to one year in jail and a fine of up to $1,000.

(Fla. Stat. § 893.13 (1)(a), (1)(c) to (f), (3), (4)(b), (7)(a) (2024).)

Does Florida Have a Good Samaritan or 911 Overdose Law?

Yes. Anyone who seeks medical assistance for oneself or another believed to be experiencing an alcohol or drug overdose cannot be arrested, charged, or prosecuted for misdemeanor marijuana possession or drug paraphernalia possession.

(Fla. Stat. § 893.21 (2024).)

When to Get Legal Help

If you've been charged with a marijuana-related offense, it's always a good idea to speak to an attorney—especially before answering any questions from law enforcement. Ask for a public defender if you can't afford a private criminal defense attorney.