Marijuana is not legal for recreational use in Florida. The state runs a medical program with roughly 930,000 registered patients, and that program is the only lawful route to cannabis in the state. A ballot measure to legalize adult use, Amendment 3, won about 56% of the vote in November 2024 but fell short of the 60% supermajority Florida requires to amend its constitution. A new campaign is already collecting signatures for 2026.
Why the 2024 Vote Failed
Amendment 3, titled “Adult Personal Use of Marijuana,” would have let anyone 21 or older buy and possess cannabis without a medical card, with limits of three ounces of flower and five grams of concentrate. Existing Medical Marijuana Treatment Centers would have been allowed to sell to all adults, and the Department of Health could have licensed additional retailers. Home cultivation was not part of the proposal.
A majority of voters said yes. It wasn’t enough. Florida’s constitution sets a 60% threshold for citizen-led amendments, one of the highest in the country.1Florida Department of State. Constitutional Amendments/Initiatives The result left every marijuana law in Florida unchanged.
What’s Happening for 2026
Smart and Safe Florida, the group behind Amendment 3, relaunched almost immediately with a similar initiative aimed at the 2026 ballot. By mid-2025 the campaign had submitted more than 612,000 verified signatures against a threshold above 880,000. The Florida Supreme Court will again need to sign off on the ballot language before voters see it. Several legalization bills were also filed in the 2025 legislative session; none got a committee hearing.
The 60% wall is the whole story. Clearing a majority is not what has stopped legalization in Florida. Clearing a supermajority is.
Possession Penalties Right Now
Without a valid Florida medical card, any amount of marijuana is illegal, and the penalties turn on weight.
Twenty grams or less (just under three-quarters of an ounce) is a first-degree misdemeanor, punishable by up to one year in jail.2The Florida Legislature. Florida Code 893.13 – Prohibited Acts; Penalties Anything over 20 grams is a third-degree felony carrying up to five years in prison.3The Florida Legislature. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison That felony line is lower than many people expect.
Cannabis is a Schedule I substance under Florida law, so growing it without a license is also a third-degree felony with the same five-year maximum.4The Florida Legislature. Florida Code 893.03 – Standards and Schedules2The Florida Legislature. Florida Code 893.13 – Prohibited Acts; Penalties Selling or delivering falls under the same statute, and larger quantities trigger enhanced penalties.
Local Civil-Citation Programs
More than a dozen Florida cities and counties have adopted ordinances that soften the consequences for small-scale possession. In places like Miami-Dade County, Orlando, Tampa, Key West, and Sarasota, officers can issue a civil citation instead of making an arrest when someone is caught with 20 grams or less. Fines usually run from $75 to $155.
These ordinances do not make marijuana legal. Officers keep the discretion to file criminal charges under state law, and the citation option only reaches small amounts. Over 20 grams is still a felony statewide no matter what the local policy says. For residents in these jurisdictions, though, a civil citation avoids the criminal record a misdemeanor conviction creates.
How to Get a Florida Medical Marijuana Card
Medical cannabis is governed by Section 381.986 of the Florida Statutes, and it is the only legal path to marijuana in the state.5The Florida Legislature. Florida Code 381.986 – Medical Use of Marijuana The steps are more straightforward than most people assume.
A qualified physician has to diagnose you with a qualifying condition and decide that marijuana is an appropriate treatment. Your physician then enters you into the Medical Marijuana Use Registry. You apply for a Medical Marijuana Use Registry ID card through the Office of Medical Marijuana Use for a $75 fee. Once the card is active, you can buy from any licensed Medical Marijuana Treatment Center in the state, with your physician placing specific orders in the registry that set what forms and quantities you can purchase. The physician certification and the card both renew annually, and the $75 applies each cycle.6Office of Medical Marijuana Use. Registry Identification Cards
One thing that trips up visitors: Florida does not recognize medical cards from other states. A valid card from elsewhere gives you no legal right to buy or possess cannabis in Florida.7Office of Medical Marijuana Use. Frequently Asked Questions
Which Conditions Qualify
A physician can recommend medical marijuana for any of the following:8Office of Medical Marijuana Use. Patients
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- PTSD
- ALS (Lou Gehrig’s disease)
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis
- Terminal conditions diagnosed by a physician other than the one issuing the marijuana certification
- Chronic pain caused by or originating from a qualifying condition
- Comparable conditions of the same kind or class as those listed above
The last category gives physicians real discretion. Severe anxiety, chronic migraines, and certain autoimmune disorders have qualified patients under that provision, though approval depends on the individual physician’s clinical judgment.
What a Florida Card Doesn’t Protect You From
Federal law still classifies marijuana as a Schedule I substance under the Controlled Substances Act.9Drug Enforcement Administration. Drug Scheduling Federal agencies rarely go after individual patients following state law, but a few practical consequences catch people off guard.
Firearms
Federal law prohibits any user of a controlled substance from buying or possessing a firearm or ammunition, and that includes state-legal marijuana patients.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts ATF Form 4473 asks directly about controlled substance use, and answering dishonestly is itself a federal crime. Holding both a Florida medical card and a concealed weapons permit places you in violation of federal law, even though Florida issues both.
Housing
Federally subsidized housing follows federal drug policy. HUD prohibits admitting marijuana users to assisted housing, including medical patients.11HUD Exchange. Can a Public Housing Agency Make a Reasonable Accommodation for Medical Marijuana Private landlords have broad authority to bar cannabis use as well, and a no-smoking lease clause generally covers it.
Air Travel
TSA officers do not actively look for marijuana, but they are required to report any illegal substance found during screening to law enforcement. Airports sit under federal jurisdiction, and moving cannabis across state lines is a federal trafficking offense regardless of the laws at either end. Someone without a Florida card who gets caught at a Florida airport faces potential state charges on top of the federal exposure. Hemp-derived CBD with 0.3% THC or less is federally legal and allowed on domestic flights; keeping it in original packaging helps at the checkpoint.12Transportation Security Administration. Medical Marijuana
Driving Under the Influence
A medical card is not a defense to impaired driving. Florida’s DUI statute covers impairment from any controlled substance, not just alcohol. A first offense carries a fine of $500 to $1,000 and up to six months in jail. A second offense raises the minimum fine to $1,000 and extends possible jail time to nine months. A third offense more than ten years after a prior conviction brings fines up to $5,000 and up to a year in jail.13The Florida Legislature. Florida Code 316.193 – Driving Under the Influence; Penalties Every conviction also triggers license suspension.