Recreational marijuana is still illegal in Florida. Possessing 20 grams or less is a first degree misdemeanor punishable by up to one year in jail, and possessing more than 20 grams is a third degree felony. Qualified patients registered in Florida's medical marijuana program may possess cannabis bought from a licensed treatment center within program limits, but driving while impaired and using in public remain illegal.
Key takeaways
- Recreational marijuana remains illegal in Florida.
- 20 grams or less is a misdemeanor, more is a felony.
- Medical patients must buy from licensed Florida treatment centers.
- Driving while impaired by marijuana is DUI.
- Many first-time cannabis cases qualify for diversion.
What are the penalties for marijuana possession?
- 20 grams or less. First degree misdemeanor, up to 1 year in jail and a $1,000 fine.
- More than 20 grams. Third degree felony, up to 5 years in prison.
- Sale or delivery. Generally a third degree felony, with enhancements near schools and other protected locations.
- Over 25 pounds. Trafficking under § 893.135, Fla. Stat., with mandatory minimum prison sentences.
How does medical marijuana work in Florida?
Qualified patients with a physician's certification and a registry card can buy from licensed medical marijuana treatment centers. Patients must stay within program limits, keep cannabis in its original packaging and avoid smoking in public places. Cannabis bought outside the program or in another state is not protected.
Facing this situation in Broward County? Talk to a defense attorney today.
Can you get a DUI for marijuana in Florida?
Yes. Driving while your normal faculties are impaired by a controlled substance, including marijuana, is DUI under § 316.193, Fla. Stat.. A medical card is not a defense to impaired driving. Unlike alcohol, there is no per se THC limit, so these cases depend heavily on officer observations and drug recognition evaluations.
How are marijuana charges defended?
Common defenses include illegal searches, lack of knowledge or control over the cannabis, lab testing issues, and distinguishing legal hemp products from marijuana. First-time offenders often qualify for diversion, drug court or a withhold of adjudication.
Frequently asked questions
Is weed legal in Florida in 2026?
Recreational marijuana is not legal in Florida. Only registered medical patients may possess it within program rules.
Can police search my car if they smell marijuana?
Because legal hemp and medical cannabis exist, the smell of cannabis alone is increasingly disputed as probable cause. These searches are often challenged.
Can I use my out of state medical card in Florida?
Florida's program is for Florida registered patients. Out of state cards generally do not provide protection.
Will a marijuana charge affect my driver's license?
A conviction can carry license consequences in some situations. An attorney can explain how your specific charge is treated.
Related practice areas
Practice areaDrug Crimes Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
Practice areaDUI Defense Attorney
Keep reading
Arrests & CourtWhat To Do If You Are Arrested in Fort Lauderdale
Arrests & CourtArrested in Fort Lauderdale While Visiting? What Out of State Visitors Need To Know
Arrests & CourtDo Police Need a Warrant To Search Your Phone in Florida?
Arrests & CourtUnderstanding Probation Violation in Broward County
Florida law referenced: § 316.193, § 893.135, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.