Florida

Recreational marijuana is not legal in the state of Florida. Possession of 20 g or less is a misdemeanor and could result in a maximum fine of $1,000 or 1 year of incarceration. Larger amounts are felonies:
•    From 20 g to 25 lbs: Maximum punishment of 5 years of incarceration and a fine of up to $5,000.
•    25-2000 lbs: Minimum sentence of 3 years in prison; maximum sentence of 15 years and a fine of up to $25,000.
•    2-10,000 lbs: Minimum sentence of 7 years in prison; maximum sentence of 30 years and a fine of up to $50,000.
•    10,000 lbs or more: Minimum sentence of 15 years in prison; maximum sentence of 30 years and a fine of up to $200,000.


Cultivation of marijuana is a felony and has a similar punishment structure:
•    Less than 25 plants: Maximum punishment of 5 years of incarceration and a fine of up to $5,000.
•    25-300 plants: Maximum sentence of 15 years and fine of up to $10,000.
•    300-2000 plants: Minimum sentence of 3 years in prison; maximum sentence of 15 years and a fine of up to $25,000.
•    2000-10,000 plants: Minimum sentence of 7 years in prison; maximum sentence of 30 years and a fine of up to $50,000.
•    10,000 or more plants: Minimum sentence of 15 years in prison; maximum sentence of 30 years and a fine of up to $200,000.


Additionally, possession of hash or concentrates is a felony. Those convicted of possession of hash or concentrates may face up to 5 years in prison and/or a $5,000 fine.


In some jurisdictions, possession of small amounts of marijuana (20 g or less) has been decriminalized and may result in a fine. These jurisdictions include:
•    Alachua County
•    Broward County
•    Cocoa Beach
•    Hallandale Beach
•    Key West
•    Miami Beach
•    Miami-Dade County
•    Orlando
•    Osceola County
•    Palm Beach County
•    Port Richey
•    Tampa
•    Volusia County
•    West Palm Beach County


Florida does have a medical marijuana program and strongly encourages the use of concentrates over flower, though flower marijuana is available. Authorized patients may possess upwards of 4 oz of flower marijuana or a 70-day supply of concentrates. Home cultivation is prohibited. Properly licensed MDs or DOs may recommend marijuana to patients, provided they have registered with the state. To register, go to Florida’s medical marijuana use registry: https://mmuregistry.flhealth.gov/.


Physicians may recommend marijuana for the following qualifying conditions: 
•    ALS (amyotrophic lateral sclerosis)
•    Cancer
•    Crohn’s disease
•    Chronic pain due to a qualifying medical condition
•    Epilepsy
•    Glaucoma
•    HIV/AIDS
•    Multiple sclerosis
•    Parkinson’s disease
•    PTSD (post-traumatic stress disorder)
•    Seizures
•    Terminal illnesses (defined as less than 12 months to live)


Florida does not have a reciprocity program to accommodate medical marijuana patients from out of state.


For more information, please see the website for the Florida Department of Health Office of Medical Marijuana Use: https://knowthefactsmmj.com/.

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