{"id":646,"date":"2020-05-26T18:07:00","date_gmt":"2020-05-26T18:07:00","guid":{"rendered":"http:\/\/www.medicalmarijuanainc.com\/?p=3324"},"modified":"2020-05-26T18:07:00","modified_gmt":"2020-05-26T18:07:00","slug":"florida-marijuana-laws","status":"publish","type":"post","link":"https:\/\/medicalmarijuanainc.com\/2020\/05\/26\/florida-marijuana-laws\/","title":{"rendered":"Florida Marijuana Laws"},"content":{"rendered":"

Updated May 2020
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Historically Florida has had a strong anti-marijuana stance \u2014 but recently the state has made some significant steps forward. Recreational marijuana remains illegal, but in 2016 voters approved a comprehensive medical marijuana program. Learn more about Florida marijuana laws below.<\/p>\n

Recreational Marijuana in Florida<\/h2>\n

Florida has some of the harshest recreational marijuana laws in all of the United States. The possession of 20 grams or less of marijuana is charged as a misdemeanor with one year imprisonment and a fine of $1,000. Possession, use, or sale of anything greater than 20 grams is charged as a felony with prison time ranging from five years to 30 years and up to $200,000 in fines. Also, if you are convicted of a marijuana-related offense, the state of Florida can suspend your driver\u2019s license for one year.<\/p>\n

Mandatory Minimum Sentences for Marijuana<\/h2>\n

A mandatory minimum sentence is when a judge must sentence the defendant to at least the outlined mandatory minimum amount of jail time for violating a specified law. With other offenses, the judge is given some wiggle room to consider special circumstances, adjusting the defendant\u2019s jail time to reflect the specifics of their individual case. However, with a mandatory minimum sentence, there is no ability to adjust the sentence based on the circumstances.<\/p>\n

Many Florida marijuana laws include a mandatory minimum sentence for both possession and sale. For example, possession of between 25 and 2,000 lbs. of marijuana comes with a mandatory minimum sentence of three years, and possession of 2,000 to 10,000 lbs. of marijuana comes with a mandatory minimum sentence of seven years of jail time.<\/p>\n

Is Hash Legal Under Florida Marijuana Laws?<\/h2>\n

Also known as hashish, hash<\/a> is an extremely potent cannabis product that is made using the resin found on marijuana plants. Hash features high levels of THC, so possessing any amount in Florida is classified as a felony. Being caught in possession of hash can result in up to five years in jail and a $5,000 fine. Selling, delivering, or manufacturing hash is also a felony, and carries the same penalties as a possession.<\/p>\n

Marijuana Concentrate in Florida<\/h2>\n

Marijuana concentrate is another highly potent form of cannabis, with all excess plant materials filtered out of the final product, leaving users with a very strong concentrate that only features cannabinoids like THC and CBD. Marijuana concentrates hold the exact same penalties as hash, with possession, sale, and\/or delivery resulting in five years of jail time and a $5,000 fine.<\/p>\n

Florida Marijuana Laws Regarding Drug Paraphernalia<\/h2>\n

\u201cMarijuana paraphernalia\u201d is any product used as an accessory for using marijuana, such as pipes and bongs. The possession of marijuana paraphernalia is a misdemeanor, with Florida marijuana law punishing those in possession of paraphernalia with up to one year of jail time and a $1,000 fine.<\/p>\n

Local Decriminalization of Marijuana<\/h2>\n

Florida has several local jurisdictions that have passed local resolutions or laws that decriminalize the possession of marijuana or other cannabis products. For example, in Miami-Dade County, possessing up to 20 grams of marijuana only comes with a $100 fine.<\/p>\n

Compare that penalty to the much more restrictive Florida marijuana law for the entire state, where the penalty for possession of up to 20 grams of marijuana is a misdemeanor that results in a $1,000 fine and up to a year of jail time. Check with your local Florida government for more details regarding the local decriminalization of marijuana.<\/p>\n

Medical Marijuana in Florida<\/h2>\n

Florida had a very restrictive high-CBD, low-THC marijuana law for a couple of years before 71% of voters approved Amendment 2<\/a> in November 2016 to allow full medical cannabis. Amendment 2 went into effect January 3, 2017, and the Florida Legislature passed legislation that implemented the amendment<\/a> in July 2017.<\/p>\n

Under Florida\u2019s Right to Medical Marijuana Initiative, patients suffering from debilitating medical conditions are allowed medical use of marijuana provided they have a doctor\u2019s recommendation and an identification card. Home cultivation for medical purposes is not permitted under the law. The law does allow qualifying patients to have a caregiver who is at least 21 years old to assist in the collection and administering of medical cannabis.<\/p>\n

Originally, Florida marijuana laws permitted only medical cannabis oils, sprays, tinctures, edibles, and vaping materials. While smoking marijuana was originally not permitted under the law, in 2018 Leon County Circuit Judge Karen Gievers ruled<\/a> that the constitutional amendment approved by Florida voters in 2016 broadly legalized medical marijuana and gave eligible patients the right to smoke marijuana in private. In March 2019, the Florida Legislature approved SB 182<\/a>, a bill that overturns the ban on smokable forms of medical marijuana for adults and patients under 18 who are either diagnosed with a terminal illness or who have obtained a second recommendation from a pediatrician.<\/p>\n

SB 182 also allows patients to order a 210-day supply of medical marijuana at a time, up from the original 70-day supply limit approved in the initial legislation.<\/p>\n

Who Can Be Treated with Medical Marijuana Under Florida Marijuana Laws?<\/h2>\n

Florida\u2019s medical marijuana program allows medical marijuana to be provided as treatment for patients with the following \u201cdebilitating medical conditions\u201d:<\/p>\n