Is Weed Legal In Florida? Marijuana and Hemp in the Sunshine State 

Is Weed Legal In Florida? Marijuana and Hemp in the Sunshine State 

People love Florida for a whole host of reasons. There’s Disney World, palm trees, alligators, and plenty of sunshine – what’s not to love? The Sunshine State is truly the vacation destination of America, and with millions flocking there every year in search of relaxation, it is only natural to wonder how Florida feels about a famously relaxing activity—getting high. 

Is Weed Legal in Florida 2024?

Yes. Weed, also known as cannabis, is legal in Florida. However, it’s only accessible to a few people. These select few are patients who have applied for and received a Medical Marijuana ID. Caregivers with a Medical Marijuana Caregiver Card also have access to weed. 

In the topsy-turvy world of the Sunshine State, what is or isn’t legal in Florida seems an obvious question. There has been a lot of change in the cannabis scene in this Southern state, so it is wise to keep yourself as up-to-date as possible with the current information. 

The legal standing of cannabis products at the moment depends largely on medical standing and abiding by rapidly changing laws. Luckily, there are options for cannabis users in virtually every part of the state, as long as you know what to look for. 

Is Medical Weed Legal in Florida?

Marijuana, or cannabis flower containing more than 0.3% Delta 9 THC, is only legal for patients. In 2016, a bill was passed that made medical marijuana legal for specific medical conditions. 

Those interested in pursuing a medical patient status must be evaluated by a qualified physician who has been certified by the state’s Office of Medical Marijuana Use. The process involves a complete physical, and you must be formally diagnosed with a qualifying medical condition, the list of which currently includes conditions like epilepsy, PTSD, and chronic nonmalignant pain.

Click the “LIST OF QUALIFIED PHYSICIANS” button to see the list containing qualified physicians with the power to order medical marijuana in Florida. 

After meeting the requirements of a licensed medical professional, you must be registered with the state, joining the over 800,000 patients who currently receive medical marijuana care in Florida. 

Medical patients may also get a personal caregiver registered by the state to purchase and administer marijuana on their behalf. However, they must receive their own license, maintain registration, and pass a criminal background check. Is weed legal in Florida for caregivers, too? Unfortunately, no. They are only licensed to purchase marijuana for their registered patient. 

Those adults 21 and up who have a medical marijuana ID card can purchase medical marijuana in dispensaries staffed by qualified medical professionals. Patients can choose from edibles, concentrates, vapes, smokeable flower, and topical options depending on their needs. Patients can possess up to 4oz, or 113 grams, of marijuana at any given time. 

Keep in mind that federal laws dictate that you cannot possess a controlled substance and own firearms, so unfortunately, for Florida medical patients, it’s either guns or ganja – you can’t have both. 

Is Recreational Weed Legal in Florida?

Unlike medical marijuana, the fight to legalize recreational use of marijuana is ongoing. Unlike those who have obtained a medical marijuana card, healthy adults have zero legal access to purchase and use marijuana. Still, there is legislation that is actively trying to change the laws. 

Residents will soon vote on proposed Amendment 3, which seeks to make a state constitutional amendment that would upend Florida’s marijuana laws and grant the general public the right to enjoy marijuana without medical distinction. 

USA Today Network Florida conducted polls earlier this year, which revealed that over half the state strongly supported full cannabis legalization. Now, news coming out of the area is prepping the public for that dream to become a reality. 

Possession of marijuana is a misdemeanor in Florida. However, it is still punished with nasty fines and potentially jail time, depending mainly on where you are in the state. 

While many counties still insist on arresting anyone found in possession of this controlled substance, several large cities and counties, including Miami-Dade, Key West, Orlando, Tampa, and others, have decriminalized the possession of small amounts of marijuana, less than 20g. 

Those caught in the crosshairs of law enforcement may still be subjected to small penalty fines and may still earn themselves a criminal record if they catch a police officer at the wrong moment, so it is important to remember that decriminalization is not the same as legalization. 

Legality of Cannabinoids in Florida

Whether or not recreational cannabis passes in the upcoming collection, there are still cannabis options for users in the Sunshine State.  While marijuana is illegal for the general public to purchase and possess, hemp is a very different story. 

Falling under the 0.3% dry weight distinction that separates legal and illicit, hemp-derived cannabis products are widely available on shelves and are entirely legal to ship to your door. However, which cannabinoids are legal and which aren’t still requires a little extra explanation. 

Is Delta 8 Legal in Florida?

The original darling of the hemp industry, Delta 8, is becoming a contested cannabinoid in many states, but luckily, Florida is still down with D8. The governor recently struck down a bill that would have banned hemp products from shelves entirely. 

Still, despite Delta 8’s checkered past, it continues to offer Florida fans a much-needed rest after all of their partying. 

Is Delta 9 Legal in Florida?

Delta 9’s legality in Florida entirely depends upon its concentration percentage by dry weight in a finished product. Anything over 0.3% is considered to be marijuana and is only available to qualified medical marijuana patients who are residents of the state. 

Unfortunately, Florida does not recognize the medical distinctions of other states, so patient visitors will have to wait until they get back home to toke up. 

A product that has less than 0.3% Delta 9 THC is considered to be hemp and is legal in the Sunshine State. This means you can enjoy a variety of Delta 9 products, like The Hemp Doctor’s D9 Downshift Gummies, perfect for social dosing any day of the week. 

Is THCA Legal in Florida?

Perhaps the most contentious of the cannabinoids, THCA‘s legal standing in Florida is shaky at best. Though legal at the federal level by the skin of its teeth, things are murky in Florida. 

THCA is sometimes sold on store shelves and sometimes seized in massive raids. It is sometimes totally ignored by law enforcement and occasionally the cause of new criminal records. 

The general belief is that Florida does not adhere to the “total THC” rule, which sets the legal limit at 0.3% D9+THCA instead of just 0.3% D9. However, the Florida Department of Agriculture & Consumer Services has clearly defined that the department’s formula for total THC is THCAx.8777+D9.

Because of the evident confusion, THCA products are best avoided in this controversial state. It may be better to opt for a different cannabinoid option, something like a Delta 8 vape product, which can still give you the same instant lift and on-the-go experience without the cloud of smoke. 

Florida Vape Laws?

Vaping is a complicated issue in most states but is under some incredibly intense fire in Florida. The state’s governor recently signed a measure that would broadly ban the sale of single-use (disposable) vape products throughout the state. 

Businesses and manufacturers have until March 2025 to fully comply without facing severe fines. The hope is that by restricting vapes to refillable mods, fewer will reach young children, a noble goal everyone can agree with. 

As it stands, vapes cannot be sold to anyone under the age of 18 and cannot be used in indoor public spaces or within 1000ft of school properties between 6 am and 12 am. Those 18-21 can be held criminally responsible for vaping around minors, even in their family homes. 

If you’re a cloud chaser, our advice is to follow the rules of posted signs and, in general, avoid vaping around others, especially children. No one will ever fault you for having good manners. 

Is HHC Legal in Florida?

Fans of lively cannabis experiences will be thrilled to learn that when the 2018 Farm Bill passed, it changed Florida law, including HHC, Delta 8, and others on a list of products approved for public sale. 

Though controversial in some states, smoke shops offer a wide selection of HHC products. We suggest The Hemp Doctor’s 40mg HHC Gummies for a burst of creative energy in juicy gummy form. 

Is CBD Legal in Florida?

Thankfully, CBD is legal in the state from St. Augustine to the tip of Key West. 

CBD products are stocked on grocery store shelves, tucked onto gas station displays, and open for testing at your local beauty salon. Whether you’re looking for an option for a better night’s sleep or an amazing topical to melt your muscles, you’re bound to find whatever you need and enjoy the benefits of CBD from head to toe. 

Final Thoughts

There are so many options for cannabis lovers in the Sunshine State, even if recreational marijuana remains illegal – and that might be changing very soon! 

Access to marijuana is widely available for qualifying medical patients, and hemp-derived cannabis is for sale on nearly every street corner for everyone else. Use discretion when consuming cannabis products publicly, and you’ll be kicking back on a gorgeous beach, stoned and happy, in no time. 

City-Specific Rules:

• Jacksonville
• Ft. Lauderdale
• Miami
• Orlando
• St. Petersburg
• Tampa

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