Is marijuana legal in Florida?

On Behalf of | Feb 13, 2024 | Drug Charges

Medical research has proven that marijuana does have potential health benefits. The problem is that it is still a highly addictive substance. Medical marijuana has been legal in Florida since 2016. Recreational marijuana, on the other hand, is still illegal.

Recreational marijuana is when people use the drug for fun or to unwind, not for health reasons. While some states in the United States have embraced the legalization of recreational marijuana, it remains illegal under federal law. Therefore, you must be aware of the specific laws in your state before using or possessing the controlled substance.

When the possession of marijuana is legal in Florida

Just because you have a medical condition does not automatically mean you can legally possess the drug. Any possession of marijuana must still fall within the legal framework established by Florida law. It is legal to have marijuana in Florida under the following conditions:

  • Possession of marijuana is legal in Florida for those who have a qualifying medical condition, but you must obtain a recommendation from a certified physician.
  • To legally possess marijuana for medical purposes, you must have a valid medical marijuana card issued by the state of Florida.
  • You can only purchase medical marijuana from a licensed medical marijuana treatment center (MMTC) in Florida.

Owning a medical marijuana card does not give you unlimited access; there are still legal limits to the quantity you can carry. You must adhere to the possession limits set forth by the state for medical marijuana. Before, only non-smokable forms of the drug were legal for medical use. However, now, even smokable forms are legal under certain conditions. You must remember that even if you have a medical marijuana card, using marijuana in public remains illegal.

Penalties for illegal possession of marijuana can be severe

While some states have relaxed their stance on recreational marijuana, Florida maintains strict laws against it. The severity of the penalties you might face will be dependent on the quantity of the drug you have with you at the time of the arrest. You could face hefty fines, probation and jail time.

Remember, a charge is not a conviction, and with the right defense, you can find a way to minimize the negative impact of these charges on your life.


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