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Florida Marijuana Laws

Medical Marijuana is Legal

In 2016, voters passed a constitutional amendment known as the "Florida Medical Marijuana Legalization Initiative," (Amendment 2). The amendment legalized medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician. It will go into effect will go into effect on January 3, 2017.

Florida Marijuana Statutes

Learn more about Florida marijuana laws in the table below. Keep in mind, your Florida driver’s license may be suspended for marijuana-related convictions unrelated to driving.

Code Section

Florida Statute 893.13, et seq.


  • Under 20 grams: 1st degree misdemeanor; up to 1 year jail, fine
  • Over 20 grams to 25 lbs or under 300 plants: up to 5 years jail, fine
  • In excess of 25 lbs. is trafficking (1st degree felony)


3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084;

Subsequent offense: 15 yrs.


All sentencing done pursuant to sentencing guidelines:

25-2000 lbs.: mandatory $25,000 and 3 yrs.;

2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;

Over 10,000 lbs.: 15 yrs. and mandatory $200,000


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