Florida Marijuana Laws (2026): A Beginner’s Guide
Quick answer: Recreational marijuana is not legal in Florida, but medical marijuana is, for permanent and seasonal Florida residents with a state registry card. Patients can buy up to 2.5 ounces of smokable flower every 35 days and hold no more than 4 ounces of it at once. Nobody is allowed to grow at home, and Florida does not accept out-of-state medical cards.
Last verified: October 20, 2026, against the Florida Department of Health Office of Medical Marijuana Use. Laws change, so check the official site before you travel or buy.
| Recreational | No. A 2024 ballot measure failed, and a 2026 measure didn’t qualify for the ballot |
|---|---|
| Medical | Yes. Voters approved Amendment 2 in 2016 |
| Minimum age | 18 to buy; minors can be patients through a caregiver |
| Possession limit | Patients: up to 4 ounces of smokable flower, plus other forms as ordered by your doctor. Non-patients: none |
| Home grow | Not allowed |
| Public use | Not allowed |
| Driving limit/DUI rule | No THC number. Driving while impaired by a controlled substance is DUI |
| Medical card for visitors | No reciprocity. Seasonal residents can apply for a Florida card |
Is weed legal in Florida?
Only for registered medical patients. Florida voters approved Amendment 2 in November 2016, creating the medical marijuana program run today by the Office of Medical Marijuana Use (OMMU). Smokable flower joined the menu in 2019.
Recreational use? Err… not yet. In 2024, Amendment 3 won about 56% of the vote, short of the 60% Florida requires for constitutional amendments. A follow-up campaign for 2026 turned in signatures, but state officials announced in February 2026 that it fell short of the 880,062 valid signatures needed, so there’s no adult-use question on the November 3, 2026 ballot. The 2026 legislative session also ended without any cannabis reforms.
Federal note: recreational marijuana is still Schedule I under federal law. In April 2026, marijuana sold under a state medical license and FDA-approved products moved to Schedule III, and broader rescheduling was paused on September 29, 2026.
How to get a medical card
According to the OMMU patient page, you need to:
- Be a permanent or seasonal Florida resident. Snowbirds who live part of the year in Florida can qualify with the right proof of residency.
- See a qualified physician. The doctor must diagnose a qualifying condition and enter you in the Medical Marijuana Use Registry with an order.
- Apply for your registry ID card. The fee is $75, and online applications take about 10 business days on average.
- Renew every year. Submit your renewal and fee 45 days before the card expires. Starting July 27, 2026, the registry won’t accept an application unless you have a current or scheduled certification with open orders.
Qualifying conditions include cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, chronic nonmalignant pain, terminal conditions and other conditions of the same kind or class, as judged by the physician.
Where can you buy?
Only at a licensed Medical Marijuana Treatment Center (MMTC), and only with an active registry card and an open order from your doctor. Florida has a small number of licensed companies (the OMMU lists 28) that grow, process and sell their own products through storefront dispensaries and delivery.
How much can patients buy or possess?
- Smokable flower: up to 2.5 ounces per 35-day supply, and no more than 4 ounces in your possession at once. Doctors can request exceptions.
- Other forms (vapes, edibles, oils, capsules, tinctures, topicals): the amount your doctor orders, in supplies of up to 70 days.
- Minors: smokable flower generally isn’t allowed for patients under 18, except for terminal conditions with a second physician’s agreement.
Can you grow your own?
No. The OMMU is clear: only licensed treatment centers can grow, process and dispense marijuana in Florida. Growing even one plant can be charged as a felony.
Where can you use it?
At home or another private place. Florida’s medical marijuana law doesn’t allow use in public places, on public transportation, at schools or in most workplaces. Florida’s indoor smoking laws also apply to smokable flower.
Can you drive after using?
No. Florida doesn’t set a THC level, but driving while impaired by a controlled substance, including medical marijuana, is DUI. Keep your products in their original dispensary packaging when you travel within the state.
Can you take it out of state?
No. Crossing state lines with marijuana is illegal under federal law, and the OMMU notes that cannabis is still a Schedule I drug under Florida law outside the medical program. Florida offers no reciprocity, so visitors with medical cards from home can’t buy here, and neighbors aren’t more relaxed: Georgia and Alabama also limit cannabis to registered patients. If you’re traveling to another medical state, ask that state whether it honors Florida cards.
Can your employer fire you?
Yes. Florida’s medical marijuana law doesn’t require employers to accommodate use at work, and it doesn’t create a legal claim against an employer that enforces a drug-free workplace policy. Being a patient won’t protect your job if your employer bans cannabis.
What are the penalties?
Without a card, Florida law is tough:
- 20 grams or less: First-degree misdemeanor, up to 1 year in jail and a $1,000 fine.
- More than 20 grams: Third-degree felony, up to 5 years and $5,000.
- Hash or concentrates (any amount): Third-degree felony.
- Growing plants: Felony; larger grows bring mandatory minimum sentences.
- Selling or trafficking: Felonies, with mandatory minimums starting at more than 25 pounds.
Some cities and counties let police issue civil citations instead of arrests for small amounts, but that’s local discretion, not a state right.
About hemp: Florida allows hemp products for adults 21 and older under state law. But the federal hemp law passed in November 2025 removes legal status from intoxicating hemp-THC products such as delta-8 and THCA flower, with its main provisions taking effect December 11, 2026, so expect those shelves to change.
For other states, see our marijuana law hub.
Florida marijuana law FAQ
Is recreational weed on the Florida ballot in November 2026?
No. Florida officials said in February 2026 that the recreational marijuana amendment fell short of the 880,062 valid signatures needed, so it isn’t on the November 3, 2026 ballot. A similar measure failed in 2024 with about 56% of the vote.
Can tourists get a Florida medical marijuana card?
No. Florida only issues medical marijuana cards to permanent or seasonal Florida residents, and it doesn’t recognize cards from other states. Seasonal residents who live in Florida part of the year can apply with proof of residency.
How much does a Florida medical marijuana card cost?
Florida’s Office of Medical Marijuana Use charges $75 for a registry ID card, and cards must be renewed every year with another fee. Physician visits are a separate cost set by the doctor.
How much smokable marijuana can a Florida patient have?
A Florida medical patient can buy up to 2.5 ounces of smokable marijuana per 35-day supply and can’t possess more than 4 ounces at once, unless their doctor gets an exception approved.
What happens if you get caught with weed in Florida without a card?
Possessing 20 grams or less of marijuana without a card in Florida is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine. More than 20 grams, or any amount of concentrate, is a felony with up to 5 years in prison.