Understanding Florida Marijuana Laws and Your Rights

Florida’s marijuana laws have evolved over the years, but misconceptions still persist. While medical marijuana is legal, recreational use remains illegal — and consequences for possession, sale, or cultivation can be severe. Some counties have adopted decriminalization measures, but these do not apply statewide.

In this guide, The Denson Firm breaks down the current Florida marijuana laws, penalties, exceptions, and the importance of hiring a criminal defense attorney to protect your rights.

Charged with possession or intent to sell? Schedule a free consultation now with an experienced Florida marijuana defense lawyer.

Florida Laws on Marijuana (2025)

Despite growing support nationwide, recreational marijuana remains illegal in Florida. You can be arrested and charged for:

• Possession
• Sale or distribution
• Cultivation
• Hash and THC concentrates

Penalties vary based on:

• Quantity
• THC concentration
• Location (e.g., near schools or churches)
• Intent (personal use vs. trafficking)

Decriminalization Zones in Florida

Some counties and cities have passed reforms allowing civil citations for small amounts (under 20g), instead of criminal charges. However, this is not a statewide policy.

Counties & municipalities with civil citation programs:

• Miami-Dade County
• Broward County
• Palm Beach County
• Tampa
• Orlando
• Sarasota
• Volusia County
• Osceola County
• And more

Penalties by offense:

• 1st offense: $75–$100 fine
• 2nd offense: $150–$250 fine
• 3rd offense: $300–$500 or community service/drug education

⚠️ Important: If you're outside these areas, standard state laws apply, and you could face jail time.

Marijuana Possession Penalties in Florida

Hash and THC Concentrates: What You Need to Know

Possession of THC oil, wax, shatter, edibles, or vapes is automatically a felony in Florida — even if it’s for personal use.

Penalties include:

• Up to 5 years in prison
• $5,000 in fines

Possession within 1,000 feet of a:

• School or daycare
• Church or religious site
• Public housing or park
• Assisted living facility
• University or community center

...results in enhanced penalties.

Florida Medical Marijuana Laws

Medical marijuana is legal for qualified patients under Amendment 2 (2016).

Qualifying conditions include:

• Cancer, epilepsy, HIV/AIDS, PTSD
• Parkinson’s, ALS, MS, Crohn’s
• Chronic pain or terminal illness

Requirements:

• Must obtain a Medical Marijuana Use Registry (MMUR) ID card
• Must purchase only from licensed Medical Marijuana Treatment Centers (MMTCs)

When to Hire a Marijuana Defense Attorney

Being arrested for marijuana, whether for possession, concentrates, or trafficking, can lead to long-term consequences, including:

• Jail or prison time
• A permanent criminal record
• Loss of employment or housing
• Driver’s license suspension

Contact The Denson Firm immediately to protect your rights. Our legal team has over 20 years of experience defending clients in Pinellas County and across Florida, and we’re ready to fight for you.