Is marijuana legal in Florida?

On Behalf of | May 26, 2020 | Criminal Defense

Marijuana has quickly become one of the most popular drugs in the nation, but its legality is constantly being reevaluated. While some states allow it in recreational settings, some only permit it medically and others outlaw marijuana altogether.

The medical exceptions

Florida Statute 318.986 allows marijuana in a medical context for patients with a diagnosis of one of these conditions by a qualified medical provider:

  • Epilepsy
  • Glaucoma
  • Cancer
  • Immunodeficiency virus
  • Immune deficiency syndrome
  • PTSD
  • Crohn’s disease
  • Amyotrophic lateral sclerosis
  • Multiple sclerosis
  • Parkinson’s disease
  • Chronic nonmalignant pain

There may also be exceptions made for patients with terminal conditions or other conditions comparable to those listed above.

Penalties for illegal possession

While marijuana is legal medically in Florida, it is illegal in a recreational setting. This means that law enforcement may charge possession against those found with the drug.

According to Statute 893.13, the possession of marijuana weighing 20 grams or less may be charged with a first-degree misdemeanor. This is punishable by fines and up to one year in jail. An amount between 20 grams and 25 pounds can result in up to 5 years in jail. This can also be under 300 individual marijuana plants. Possession of marijuana weighing more than 25 pounds is trafficking in Florida and a first-degree felony.

If you require marijuana for a medical condition, you must first work with your medical provider to get a prescription. If you are found with marijuana illegally, whether for medical or recreational situations, you may face charges of possession. Always talk with a lawyer if you find yourself with charges.