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How’s Pot Doing in Florida?

Cannabis is 20% legal in Florida

Cannabis Legality in Florida: A Comprehensive Report

In Florida, the possession of THC-containing cannabis products is legal for individuals who are registered medical marijuana patients. The state legalized medical marijuana in November 2016 through the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2 (CannaMD, n.d.). Patients with qualifying medical conditions who have been added to the compassionate use registry by a licensed physician are allowed to possess low-THC cannabis, defined as containing 0.8% or less THC and more than 10% CBD, as well as full-strength medical cannabis (Florida State Senate, n.d.). The amount of cannabis a patient can possess is limited to the amount ordered by the physician, up to a 45-day supply (Florida State Senate, n.d.).

Medical marijuana patients in Florida can legally purchase THC-containing cannabis products from licensed dispensaries. There are over 450 open marijuana dispensary locations in the state, catering to the needs of over 750,000 Floridians who possess active medical marijuana cards (Florida State Cannabis, n.d.). These dispensaries are regulated by the state, and only certified patients can enter and make purchases. Non-cardholders are not permitted to enter dispensaries (CannaMD, n.d.).

As of November 17, 2023, medical marijuana patients in Florida are not allowed to cultivate their own THC-containing cannabis plants. However, there is a proposed ballot initiative, the Florida Medical Marijuana Home Cultivation Initiative (Initiative #23-01), which, if passed, would allow qualifying patients who are 21 years of age and older to cultivate medical marijuana at home. This initiative may appear on the November 5, 2024, ballot and is currently in the signature gathering stage (Ballotpedia, n.d.).

For adults who are not registered medical marijuana patients, the possession of THC-containing cannabis products is illegal in Florida. Possession of 20 grams or less of marijuana is considered a misdemeanor, punishable by up to one year in jail and a maximum fine of $1,000. Possession of more than 20 grams is a felony offense, which can lead to up to five years in jail and a fine of up to $5,000 (IndyStar, n.d.).

The purchase of THC-containing cannabis products in a store is not legal for adults who are not medical marijuana patients. Recreational marijuana has not been legalized in Florida, and therefore, there are no legal retail outlets for non-medical cannabis purchases (Florida State Cannabis, n.d.).

Adults in Florida are currently prohibited from growing THC-containing cannabis for recreational purposes. The cultivation of cannabis without proper medical authorization remains illegal and can result in significant legal penalties (IndyStar, n.d.).

Upcoming Changes to the Law

There are potential upcoming changes to the cannabis laws in Florida. A bill in the Florida Senate, SB 1576, proposes the legalization of recreational marijuana, which would allow individuals who are 21 years of age and older to engage in certain actions relating to marijuana, including cultivation (Florida Senate, n.d.). Additionally, the Florida Supreme Court is reviewing a proposal to put recreational marijuana on the 2024 ballot, which would give voters the choice to legalize recreational marijuana use for individuals aged 21 and older (News4Jax, n.d.). The Supreme Court has until April 1 to make a decision on the case (Politico, n.d.).

In conclusion, as of November 17, 2023, in Florida, THC-containing cannabis products are legal for registered medical marijuana patients to possess and purchase from licensed dispensaries, but not to grow. For adults who are not medical marijuana patients, possession, purchase, and cultivation of THC-containing cannabis are illegal. However, there are initiatives and proposals in progress that could change the legal landscape for both medical and recreational cannabis use in the near future.

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