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Is Cannabis Legal in Florida?

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Florida Cannabis Legality

Do you have plans to open a cannabis business in Florida? Knowing the ins and outs of the legal status of cannabis in the state is essential to the viability and success of your commercial operation. Continue reading for more information.

The Legal Status of Cannabis in Florida

As of July 2022, cannabis is legal for medical use but not recreational use in Florida. The substance became legal for medical use in 2016. Only individuals with the proper medical cannabis approval and identification can legally use cannabis in the state.

Those who use medical cannabis in Florida must do so per various restrictions. Patients must have a recommendation from their physicians and apply for or have a qualified caregiver apply for a medical cannabis card. Then, they can only buy cannabis from a licensed dispensary, also known as a medical marijuana treatment center.

Florida outlines specific penalties for anyone who uses cannabis for recreational purposes, which is still illegal in Florida. These penalties differ according to the amount of cannabis a person possesses. For example, someone who possesses 20 grams or less of cannabis is subject to a misdemeanor with a one-year sentence and a maximum $1,000 fine. The charge is more severe for someone possessing 2,000 grams — a felony with a maximum 30-year sentence and a maximum $50,000 fine.

Is Medical Cannabis Legal in Florida?

Yes, medical cannabis is currently the only form of legal cannabis in Florida. Anyone who wants a medical cannabis card must be 18 years or older or have a caregiver apply for them. A person with a medical cannabis card can only purchase cannabis from a licensed dispensary in Florida.

Is Cannabis Decriminalized in Florida?

“Decriminalization” means lessening criminal offenses associated with the possession of cannabis with the goal of reducing cannabis-related arrests. A state that has fully legalized cannabis has inherently decriminalized it.

Since cannabis is illegal for recreational use in Florida, it’s not decriminalized. Those who use recreational cannabis are subject to varying sentences and fines and people with medical cannabis cards must use according to the state’s restrictions.

Contact Harris Bricken Today

Are you interested in opening a cannabis company? Harris Bricken’s team of expert lawyers will help you navigate the often complex legal system in the state regarding cannabis. Browse more information to see how we help people in the cannabis industry thrive. Start the conversation with us today!

Can You Grow Cannabis in Florida?

No, cultivating cannabis is illegal for personal use in Florida. Unless you have the proper license to commercially grow cannabis in Florida, you’re not permitted by law to do so, even for personal medical use. Florida legislation outlines several penalties for possessing plants, the lowest penalty for possessing fewer than 25 plants — a felony with a five-year sentence and a maximum $5,000 fine.

The only way to legally grow cannabis in Florida is as a licensed dispensary that also cultivates and processes cannabis for medical purposes. If you’re curious about your options and how you can operate a cannabis business in Florida, work with an experienced legal team. The professionals at Harris Bricken can help you set things up properly and legally.

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Is CBD Oil Legal in Florida?

In Florida, cannabidiol (CBD) products are legal. These products must have been extracted from hemp plants that contain less than 0.3% THC. The Farm Bill legalized industrial hemp cultivation on a federal level in 2018.  The Food and Drug Administration currently prohibits making any health-related claims about CBD products

Synthetic CBD, which is a man-made chemical compound, is not legal in Florida.

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