florida marijuana laws

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Florida Marijuana Laws 2022

November 9, 2022

The state law in Florida still considers marijuana to be illegal. However, limited marijuana possession is no longer a crime in various Florida communities; instead of being arrested, offenders will receive a payable citation.

Since June 2015, several cities and counties in Florida have approved comparable policies that offer officers the option to issue citations instead of arrest warrants for cannabis possession under 20 grams. The following counties and cities have approved decriminalizing possession of up to 20 grams of marijuana:

  • Miami-Dade County;
  • Broward County;
  • Palm Beach County;
  • Tampa;
  • Orlando;
  • Miami Beach;
  • Hallandale Beach;
  • Key West;
  • West Palm Beach;
  • Volusia County;
  • Osceola County;
  • Alachua County;
  • Port Richey;
  • Cocoa Beach;
  • Sarasota.

For example, an officer in Orlando may issue you a citation with a $100 punishment for a first violation or a $200 fine for a second offense if you have 20 grams or less of cannabis or cannabis paraphernalia. Repeat offenders may be subject to a court appearance and a fine of up to $500.

While this is encouraging, it is essential to act cautiously since, in certain jurisdictions, paying the fine might still result in a criminal record, and some police departments may continue to detain anybody found in possession of cannabis.

Florida’s legislature convened as expected, and the session began. Although many of the cannabis-related bills from the 2021 session are still pending, MPs have already submitted a number of them

What Is the Legal Amount of Medical Weed You Can Purchase in Florida?

Florida marijuana laws permit patients to buy a 70-day supply of various medical marijuana products or a 35-day supply of smokable cannabis from a Medical Marijuana Treatment Center (MMTC).

Personal marijuana growing and possessing more than 4 ounces of marijuana are illegal in Florida. 

Penalties

Possession

Like growing marijuana, you risk severe repercussions if caught with cannabis. Penalties for marijuana use in Florida include the following:

  • 20 grams or less – a misdemeanor with a maximum sentence of 1-year imprisonment and a fine of up to $1,000;
  • More than 20 grams up to 25 pounds – a felony with a maximum sentence of 5 years imprisonment and a fine up to $5,000.

Possession of cannabis more than 25 pounds – 2000 pounds under Florida marijuana laws carry mandatory minimums, with 3-15 years maximum imprisonment, up to 15 years imprisonment, and a fine up to $25,000. From that point on, there are required minimum sentences as well as increased penalties for possession of cannabis in larger amounts. If you are guilty of a marijuana-related offense, your driver’s license will also be suspended for a year. 

Knowing the Florida marijuana laws is not enough; you also need a skilled legal representative since convictions for growing, possessing, or selling marijuana carries serious consequences.

Sale or delivery

Based on Florida marijuana laws, Sale or delivery within 1,000 feet of a school, college, park, or other specified area is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000. The sale of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000. 

However, the delivery of 20 grams or less is a misdemeanour punishable by a maximum sentence of one-year imprisonment and a maximum fine of $1,000.

Cultivation

Under Florida marijuana laws, the home cultivation of cannabis is still illegal. Any cultivation is considered a felony among first-time offenders. The penalties are as follows:

  • Up to 25 plants – a third-degree felony;
  • Up to 25 plants – incarceration up to 5 years and fines up to $5,000;
  • 25 or more plants – if the owner of the property, a second-degree felony;
  • 25 or more plants—incarceration up to 15 years and fines up to $10,000.

There are mandatory minimums and even harsher punishments for illegal operations that are more extensive (300 plants or more). 

Additionally, penalties increase if you’re found in possession of marijuana, including hash and concentrates (whether or not there is an intent to sell), within 1,000 feet of protected areas in Florida, such as:

  • Church or place of worship that conducts religious activities;
  • Park or community center;
  • Assisted living facility;
  • Public housing;
  • Convenience business;
  • Childcare facility between 6 a.m. and midnight;
  • College, university, or another postsecondary educational institute.

Medical Marijuana in Florida

The Florida government passed the Compassionate Medical Cannabis Act of 2014, and went into effect on January 1st, 2015. Through the initiative, qualifying patients have access to non-smoked, low-THC marijuana.

Florida has medical marijuana legislation in place for people who could benefit from using it for pain reduction, spasticity, nausea, and other requirements connected to the qualifying diseases mentioned above.

According to Florida marijuana laws, Patients with qualifying conditions must get a Medical Marijuana Use Registry (MMUR) identification card from the Office of Medical Marijuana Use (OMMU) in order to purchase and possess medical marijuana. The application must be filed annually and may be filled out online. Renewal applications can only be made starting 45 days before your card expires. Details about the identity card application requirements and the approval procedure are provided on the OMMU website.

How Do I Get a Medical Marijuana Card?

To qualify for a medical marijuana card, you must meet specific criteria under Florida marijuana laws. The list of accepted conditions, according to the law, includes:

  • Cancer;
  • Epilepsy;
  • Glaucoma;
  • Positive status for Human Immunodeficiency Virus (HIV);
  • Acquired Immune Deficiency Syndrome (AIDS);
  • Posttraumatic stress disorder;
  • Amyotrophic lateral sclerosis;
  • Crohn’s disease;
  • Parkinson’s disease;
  • Multiple sclerosis;
  • Medical conditions of the same kind or class as or comparable to those enumerated above;
  • A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification;
  • Chronic nonmalignant pain.

Only a licensed, qualified healthcare provider may assess a patient for a medicinal marijuana card. Medicinal marijuana in Florida may be dispensed in smokable, vape, edible, or oil/concentrate forms. 

Subject to Florida marijuana laws, patients may choose a caregiver. With a current registration ID card, caregivers can buy cannabis for their patients and help them administer their medication.

Caregivers must be at least 21 years old. Patients may only designate one caregiver at a time. Patients younger than 18 must designate an adult caregiver or another legal representative to assist them with their medical cannabis use.

Where is it safe to consume cannabis in Florida?

Marijuana use is only permitted in private residences in Florida. Marijuana use while driving is prohibited.

Cannabis may be consumed as edibles and via spray, oils, vaping, smoking, and pills. Cannabis flowers may only be used for smoking or vaping and must be sealed in tamper-proof containers according to Florida marijuana laws. Patients younger than 18 may not use medical marijuana via smoking unless the patient is diagnosed with a terminal condition and a second, board-certified physician concurs with the diagnosis.

Florida Seed to Sale Traceability System 

Florida marijuana laws require Licensed medical marijuana treatment centers (MMTC) to utilize seed-to-sale tracking software, which is BiotrackTHC in the state. 

Marijuana Advertising laws in Florida

The advertising regulations under Florida marijuana laws are as follows:

A medical marijuana treatment center is not allowed to use advertising that the general public may see from a roadway, sidewalk, park, or another area that is open to the public in Florida.

The commercial name and logo of a medical marijuana treatment center may not include any words or graphics often seen in marketing directed at minors or that encourage marijuana usage for recreational purposes.

A medical marijuana treatment center may engage in internet advertising and marketing under the following conditions:

  • All advertisements must be approved by the state department;
  • An advertisement may not have any content that specifically targets individuals under the age of 18, including cartoon characters or similar images;
  • An advertisement may not be an unsolicited pop-up advertisement;
  • Opt-in marketing must include an easy and permanent opt-out feature.

Each medical marijuana treatment center in Florida that dispenses marijuana and marijuana devices shall make available to the public on its website following information:

  • Each marijuana and low-THC product available for purchase, including the form, strain of marijuana from which it was extracted, cannabidiol content, tetrahydrocannabinol content, dose unit, total number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each product;
  • The price for a 30-day, 50-day, and 70-day supply at a standard dose for each marijuana and low-THC product available for purchase;
  • The price for each marijuana device available for purchase;
  • If applicable, any discount policies and eligibility criteria for such discounts.

Packaging and Labeling Requirements in Florida

At the processing facility that the MMTC’s department has authorized, all usable products must be put inside a receptacle. Before dispensing usable product in any receptacle and packaging, a MMTC must obtain department approval of the use of the receptacle, label, and package.

The receptacle must be child resistant. All required information on the label(s) must be prominently and conspicuously placed on the receptacle.

The receptacle must not include depictions of the product or any graphics or images other than one image of the MMTC’s department-approved logo and the universal symbol. They may include instructions, health information, or warnings and precautions.

Receptacles and wrapping for edibles must be plain, opaque, and white. Receptacles for usable products in a form for smoking must be plain, opaque, and white.

Labeling requirements

A MMTC may affix multiple labels to the receptacle as needed to convey the required or permissible information.The package for every usable product must include a patient package insert intended for the patient or caregiver that provides all required information.

The patient insert as well as the package for every usable product must include the following permissive information:

  • The MMTC’s department-approved logo.
  • QR code, or a similar bar code or smart code that allows a patient to access the usable product’s certificate of analysis and information related to the usable product being dispensed.
  • Product Stock-Keeping Unit (SKU), barcode, or other similar product identifier.
  • Cultivar name in black or white, print lettering, in a sans-serif font which must not be larger than 12-point font.
  • Instructions, health information, or warnings and precautions.
  • A MMTC must not include unsubstantiated claims that the usable product cures any medical condition.
  • Labels on all usable products are required to include the following:
  • That the marijuana or low-THC cannabis meets the requirements of 381.986(8)(e)10d.
  • The name of the MMTC from which the marijuana originates.
  • The name of the physician who issued the physician certification.
  • The name of the patient.
  • The product name, if applicable, and dosage form, including concentration of tetrahydrocannabinol and cannabidiol.
  • The product name may not contain wording commonly associated with products marketed by or to children.
  • The recommended dose.
  • A warning that it is illegal to transfer medical marijuana to another person.
  • The universal symbol.
  • The universal symbol must be at a size no less than 10 percent of the overall surface area of the package.

Conclusion

Modifications will undoubtedly impact the state’s whole cannabis business to Florida’s legal marijuana licensing processes in the future. Growing support for cannabis may soon result in the legalization of adult-use marijuana, according to Florida’s brief but exciting history of cannabis legislation. Future changes are, therefore, likely to occur shortly. 

Please remember that the aforementioned Florida marijuana regulations should not be viewed as suggestions but as legal advice. If you want to enter Florida’s cannabis sector, make sure to target authorized organizations.