Is Marijuana Legal in Florida

The answer to the question ‘is marijuana legal in Florida’ is a disappointing, No. Not only is it a No – there are still draconian laws on the books which prevent legal cannabis in Florida. Early in the 2020 legislative session, Sen. Jeff Brandes (R) introduced a bill — SB 1860 — to legalize and regulate cannabis for adults 21 and older. A companion bill — HB 1389 — was also introduced in the House. Unfortunately, the legislature adjourned its session in March without taking action on the bills, and an effort to put legalization on the ballot for voters to decide on in 2020 also failed.

How draconian are Florida’s pot laws?

• Possession of small amounts is illegal: Possession of 20 grams or less of marijuana is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of marijuana is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
• Sale or delivery qualifies as a felony: Sale or delivery within 1,000 feet of a school, college, park, or other specified area is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000. The sale of 25 pounds or less of marijuana is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000. However, the delivery of 20 grams or less is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000.

Is medical marijuana legal in Florida?

Medical marijuana permitted: An individual may register as a medical marijuana patient if his or her doctor certifies that the individual suffers from one or more of the following conditions:

• Cancer
• Epilepsy
• Glaucoma
• HIV/AIDS
• Crohn’s disease
• Parkinson’s disease
• Multiple sclerosis (MS)
• Medical conditions of the same kind or class as or comparable to those above
• Post-traumatic stress disorder(PTSD)
• Amyotrophic lateral sclerosis (ALS)
• A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
• Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition

To qualify, a patient must be a permanent or seasonal resident of Florida, be entered into the medical marijuana use registry, and obtain a medical marijuana ID card. You can learn more about the requirements to become a patient here. Patients can purchase marijuana from registered marijuana dispensaries, called Medical Marijuana Treatment Centers When will marijuana be legal in Florida? This table is a compilation of marijuana policy reform in Florida

Recreational Marijuana in Florida

• Florida has some of the harshest recreational marijuana laws in all of the United States. The possession of 20 grams or less of marijuana is charged as a misdemeanor with one year imprisonment and a fine of $1,000. Possession, use, or sale of anything greater than 20 grams is charged as a felony with prison time ranging from five years to 30 years and up to $200,000 in fines.

Mandatory Minimum Sentences for Marijuana

• A mandatory minimum sentence is when a judge must sentence the defendant to at least the outlined mandatory minimum amount of jail time for violating a specified law.

Hash, Concentrates and Paraphernalia

• Being caught in possession of hash can result in up to five years in jail and a $5,000 fine. Selling, delivering, or manufacturing hash is also a felony, and carries the same penalties as a possession.
• Marijuana concentrates hold the exact same penalties as hash, with possession, sale, and/or delivery resulting in five years of jail time and a $5,000 fine.
• “Marijuana paraphernalia” is any product used as an accessory for using marijuana, such as pipes and bongs. The possession of marijuana paraphernalia is a misdemeanor, with Florida marijuana law punishing those in possession of paraphernalia with up to one year of jail time and a $1,000 fine.
• Drivers in Florida are forbidden from using their car or some other type of motor vehicle if there is any detectable level of THC and/or marijuana in their system. If you have recently consumed marijuana, even if it is legally obtained medical marijuana, do not operate a motor vehicle under any circumstances.
• While hemp-derived CBD products are legal under federal law in the United States, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
• Even for first-time offenders, the cultivation of cannabis for any purpose is considered a felony in Florida.
  • If found cultivating fewer than 25 plants, it is considered a third-degree felony punishable by incarceration up to five years and fines up to $5,000.
  • If an individual is the owner of the property where more than 25 plants are being illegally cultivated, the offense is charged as a second-degree felony, punishable by 15 years in prison.
• Florida’s Right to Medical Marijuana Initiative, signed into law by Gov. Rick Scott in March 2016, permits certain dispensing organizations to grow and distribute cannabis.

Local Decriminalization of Marijuana in Florida

Several local jurisdictions that have passed resolutions or laws that decriminalize the possession of marijuana or other cannabis products. For example, in Miami-Dade County, possessing up to 20 grams of marijuana only comes with a $100 fine.

What To Do Since Marijuana is not legal in Florida?

If you are planning a Cannabis Vacation, consider a visit with Happy Travelers Tours in the heart of Northern California’s Wine-and-Weed Country. !