Legal Status: Recreational ILLEGAL (Amendment 3 failed in 2024 with 56%, needed 60%). Medical legal since 2016.
Last updated: May 2026
Possession Limits (Medical Only)
- Smokable flower: 2.5 ounces per 35-day period; up to 4 ounces stored at home
- Non-smokable products: 70-day supply, capped at 24,500mg THC
- Any non-medical possession over 20 grams is a felony.
Medical Card
Qualifying conditions: Cancer, PTSD, chronic pain, epilepsy, anxiety, plus 45+ additional conditions including HIV/AIDS, Crohn’s, Parkinson’s, MS, ALS, migraines, ADHD, IBS, glaucoma, arthritis.
How to apply: In-person evaluation with state-certified physician, then register with the Office of Medical Marijuana Use (OMMU) online.
Cost: $75 OMMU annual fee + $150-250 physician consultation. Total: $225-325. Veterans, Medicaid, and SNAP recipients get fee waivers.
Renewal: Annual ($75 state). Physician re-certification every 210 days ($99-149).
Reciprocity: NO. Florida does not accept out-of-state cards.
Where You Can Consume
- Private residences: Yes (the ONLY legal location)
- Public spaces: No
- Consumption lounges: None exist
Home Cultivation
NO. Cultivation of any amount is a third-degree felony (up to 5 years prison, $5,000 fine). SB 776 (2026) to permit 6 plants for medical patients died in committee.
DUI / Impairment
THC threshold: No specific per se limit. Impairment-based prosecution.
Penalties: First offense: up to 6 months jail, $500-1,000 fine, 6-12 month license revocation. Even legal medical use does not protect against DUI charges.
Employment Protections
Minimal. Employers may fire employees for failing drug tests even with a valid medical card. One pending court case (Giambrone v. Hillsborough County) may change this but is on appeal.
What Most People Get Wrong
People assume that because Florida has 750,000+ medical patients and is a major tourist state, recreational use must be at least decriminalized. It is NOT. Possession of ANY amount without a medical card is illegal. Over 20 grams is a felony. There is no statewide decriminalization.