Florida has not broadly legalized marijuana. Several changes in the law since 2016 are what cause the confusion.
Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.
Medical Cannabis (2016)
In 2016, about 71% of Florida’s voters passed Amendment 2, creating Florida’s medical cannabis program. This allows Floridians to consume cannabis legally by obtaining a doctor’s prescription.
Hemp Legalization (2019)
In July 2019, the Florida Legislature legalized hemp — defined as cannabis with a total delta-9-THC concentration not exceeding 0.3% on a dry-weight basis. See Florida Statute 581.217.
Still Illegal Without a Prescription
In Florida, it is still illegal to possess cannabis with a THC concentration higher than 0.3% without a valid doctor’s prescription. Depending on the amount:
- Under 20 grams: Misdemeanor
- Over 20 grams: Felony
Call 863-774-4556 for a free consultation with Board Certified Criminal Trial Lawyer Tonmiel Rodriguez. Hablamos Español.