We officially have one last weekend in 2023, one that includes a major holiday. One that allows you to legally light up fireworks and sparklers, among other things.
Before you live it up too hard this New Year’s Eve weekend with friends and family, here is a refresher on Florida’s stance on marijuana and what its current laws look like.
What is marijuana?
Marijuana is a greenish-gray mixture of the dried flowers from the Cannabis sativa or Cannabis indica plant, according to the National Institute of Drug Use.
The main psychoactive chemical in marijuana, responsible for most of the intoxicating effects that people seek, is delta-9-tetrahydrocannabinol, or THC. The chemical is found in resin produced by the leaves and buds primarily of the female cannabis plant.
The plant also contains more than 500 other chemicals, including more than 100 compounds that are chemically related to THC, called cannabinoids.
Is weed legal in Florida?
Yes, but only in certain cases.
Marijuana is only legal in Florida once a person has obtained a Medical Marijuana Use Authorization, as outlined in Chapter 381 in Florida Statutes. This law also includes regulations for a user registry, caregiver possession, and treatment centers for purchasing consumable marijuana.
Medical marijuana was adopted by Florida voters back in 2016 by a vote of 71% to 29%.
Getting a medical marijuana card in Florida is a three-step process involving a diagnosis from a qualified physician for certain medical conditions, registering in Florida’s Medical Marijuana Use Registry and applying for a registry ID.
What about recreational marijuana? Is it legal in Florida?
No, recreational marijuana is still illegal in Florida. But it is possible that could change sometime in the near future.
A proposed amendment seeks to authorize the use of recreational marijuana for people 21 and older while also allowing individuals to possess up to 3 ounces of marijuana. It is sponsored by Smart & Safe Florida, which is backed by the state’s largest medical marijuana producer, Trulieve.
In November, the amendment was challenged by Florida Attorney General Ashley Moody, claiming that the language of the initiative fails to explain that marijuana is still prohibited under federal law.
The Florida Supreme Court heard arguments from the state and Smart & Safe’s lawyers on the amendment. Justices have until April 1, 2024 to make a decision on the case.
If they rule in favor of the initiative, Florida residents will see recreational marijuana on the ballot in Florida as an initiated constitutional amendment on Nov. 5, 2024, the same day as the presidential election.
What is recreational marijuana? What makes it different from medical marijuana?
Recreational marijuana, or adult-use marijuana, is for adults 21 and older to use for enjoyment rather than for health benefits. Merriam-Webster says recreational drugs are often “used without medical justification” for their effects.
According to Good Rx, medical and recreational cannabis are the two categories cannabis legalized by some U.S. states. There usually isn’t any quality difference between medicinal and recreational cannabis, however it is noted that cannabis meant for medical use undergoes a stricter and controlled process.
In short, the key difference between the two is how they’re sold. Medical marijuana in Florida requires a medical marijuana card to make a purchase. For recreational marijuana in qualifying states, purchases can be made by any person over the age of 21.
What are Florida’s current marijuana laws?
While medical marijuana is legal in Florida, there are still many laws in place that prohibit the possession, selling and transporting of marijuana, marijuana products and accessories.
Florida marijuana possession laws
Possession charges can have a wide range of penalties. Possessing 20 grams or less is a misdemeanor charge that could lead to one year of jail time and a $1,000 maximum fine. Possessing more than 20 grams becomes a felony and could result in up to five years in jail and a $5,000 fine. Incarceration times go all the way up to 30 years and fines can reach as high as $200,000.
Possessing marijuana within 1,000 feet of a school, college, park or other specified areas is a felony with a mandatory three-year jail sentence and fines up to $10,000.
Possession of paraphernalia is a misdemeanor crime punishable by up to a year in jail and up to a $1,000 fine.
Florida marijuana sale laws
Selling 20 grams of marijuana or less without remuneration is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Selling more than 20 grams is a felony charge punishable with jail time up to 30 years and $200,000 in fines, depending on the volume and whether the sale occurred within 1,000 feet of a school, park, college or other specified area.
DUI after smoking or eating marijuana
All states criminalize driving under the influence of controlled substances. Laws regarding driving while impaired range depending on jurisdictions.
Contributing reporting: Brandon Girod, Pensacola News Journal