Historically Florida has had a strong anti-marijuana stance, but recently the state has made some significant steps forward. Recreational marijuana remains illegal, but in 2016 voters approved a comprehensive medical marijuana program.
Recreational Marijuana in Florida
Florida has some of the harshest recreational marijuana laws in all of the United States. The possession of 20 grams or less of marijuana is charged as a misdemeanor with 1 year imprisonment and a fine of $1,000. Possession, use, or sale of anything greater than 20 grams is charged as a felony with prison time ranging from 5 years to 30 years and up to $200,000 in fines. Also, if you are convicted in a marijuana related offense, the state of Florida can suspend your driver’s license for 1 year.
Medical Marijuana in Florida
Florida had in place a very restrictive high-CBD, low-THC marijuana law for a couple of years before 71 percent of voters approved Amendment 2 in November 2016 to allow full medical cannabis. Amendment 2 goes into effect January 3, 2017, but the Department of Health then has another six months of the effective date to set regulations for the issuance of identification cards and registration of medical marijuana treatment centers.
Under Florida’s Right to Medical Marijuana Initiative, patients suffering from debilitating medical conditions are allowed medical use of marijuana provided they have a doctor’s recommendation and an identification card. Home cultivation for medical purposes is not permitted under the law. The law does allow qualifying patients to have a caregiver who is at least 21 years old to assist in the collection and administering of medical cannabis.
Florida’s medical marijuana program allows medical marijuana to be provided as treatment for patients with the following “debilitating medical conditions”:
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s Disease
- Multiple Sclerosis
- Parkinson’s Disease
- Post-traumatic Stress Disorder (PTSD)
- “Other debilitating medical conditions of the same kind or class as or comparable to those enumerated”
Consumption of CBD from Hemp Oil in Florida
The import and consumption of CBD hemp oil is federally legal in all 50 U.S. states, including Florida, as CBD hemp oil falls under the same importation and commerce laws as other hemp products. Florida has no further policy specifically related to CBD hemp oil.
Cultivation of Cannabis in Florida
Even for first-time offenders, cultivation of cannabis for any purpose is considered a felony in Florida. If found cultivating fewer than 25 plants, it is considered a third degree felony punishable by incarceration up to 5 years and fines up to $5,000. If an individual is the owner of the property where more than 25 plants are being illegally cultivated, the offense is charged as a second-degree felony, punishable by 15 years in prison.
In March 2016, Gov. Rick Scott signed into law House Bill 307, which allows colleges or agriculture to grow hemp for cannabis research.
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