Florida

4/20 holiday is this month. Is weed legal in Florida?

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As many Americans gather to celebrate Easter this weekend, hundreds of thousands across the country are also gearing up for a different kind of holiday later this month.

“4/20” is cannabis culture slang for marijuana consumption, which makes April 20 (or 4/20) the designated holiday for stoners across the globe.

But is weed even legal in Florida? Here’s what to know before you light up later this month.

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When did ‘4/20 Day’ holiday start? See rumored origins

The true origin of why marijuana lovers spark up on 4/20 (or even associate the time 4:20 with smoking pot) isn’t clear, but there are two rumored possibilities:

  • The unofficial story of a group of high school students in the 1970s in California, who allegedly would meet to smoke pot every day at 4:20 p.m. However, this has never been confirmed.
  • According to a Vox article on the origins of the holiday, “One common belief is that 420 was the California police or penal code for marijuana, but there’s no evidence to support those claims.”

Can you smoke marijuana recreationally in Florida?

No, you cannot.

Despite receiving 55.9% of the votes, 2024’s Amendment 3, which sought to legalize recreational marijuana, did not achieve the 60% threshold needed to pass during the General Election. It saw 5,934,139 votes in total.

Is medical marijuana legal in Florida?

Medical marijuana is legal in Florida for residents diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card or caregivers who have received a Medical Marijuana Caregiver Card.

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The following conditions are eligible for and to receive a Medical Marijuana Card:

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV (human immunodeficiency virus)
  • AIDS (Acquired Immune Deficiency Syndrome)
  • PTSD (post-traumatic stress disorder)
  • ALS (amyotrophic lateral sclerosis)
  • Crohn’s disease
  • Parkinson’s disease
  • Multiple sclerosis
  • Comparable medical conditions or status to the above
  • A terminal condition
  • Chronic nonmalignant pain

Can I bring weed if I have a medical marijuana card from another state?

No. The state of Florida does not honor other states’ medical marijuana cards.

Can I get busted for possessing weed in Florida?

Without a Medical Marijuana Card (or Medical Marijuana Caregiver Card, for people assisting medical marijuana patients who are minors or who need help), if you are caught with pot, marijuana advocacy group NORML lists the following penalties under Florida Statutes:

  • Possessing 20 grams or less: first-degree misdemeanor, up to one year in jail and a maximum $1,000 fine.
  • Possession of paraphernalia: Misdemeanor, up to one year in jail and a maximum $1,000 fine.
  • Possessing marijuana within 1,000 feet of a school, college, park or other specified areas: Felony, mandatory three-year sentence and maximum $10,000 fine.
  • Possessing from 20 grams to 25 pounds: Felony, up to five years in jail and a maximum $5,000 fine.
  • Possessing from 25 to 2,000 pounds of marijuana: First-degree felony, from three to 15 years in jail and a $25,000 fine.
  • Possessing from 2,000 to 10,000 pounds of marijuana: First-degree felony, from seven to 30 years and a $50,000 fine.
  • Possessing more than 10,000 pounds of marijuana: First-degree felony, from 15 to 30 years and a $200,000 fine.

However, many communities and municipalities have decriminalized possession of up to 20 grams of marijuana, meaning if you’re busted, you’ll get a fine (which will go up each time) and you may be required to attend a drug education program or do community service.

Areas that have decriminalized pot include Alachua County, Broward County, Cocoa Beach, Hallandale Beach, Key West, Miami Beach, Miami-Dade County, Orlando, Osceola County, Palm Beach County, Port Richey, Sarasota, Tampa and Volusia County.

Is it legal to sell weed in Florida?

Only licensed medical marijuana dispensaries may sell marijuana in the state of Florida. Even if the proposed recreational amendment passes next year, you still would have to buy your pot at a licensed dispensary.

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People charged with selling marijuana can face the following:

  • 25 grams or less, without renumeration: Misdemeanor, maximum 1 year in jail, $1,000 fine.
  • 20 grams to 25 pounds: Felony, maximum 5 years in jail, $5,000 fine.
  • 25 to less than 2,000 pounds or 300-2,000 plants: Felony, three to 15 years, maximum $25,000 fine.
  • 2,000 to less than 10,000 pounds or 2,000-10,000 plants: Felony, seven to 30 years, maximum $50,000 fine.
  • 10,000 pounds or more: Felony, 15 to 30 years, maximum $200,000 fine.
  • If within 1,000 feet of a school, college, park, or other specified areas: An additional 3-15 years, $10,000 fine

Are low-THC products like delta-8, delta-9, delta-10 or THC-O legal in Florida?

Assorted different types of so-called “diet weed” cannabinoids, such as delta-8, delta-9, delta-10 and THC-O, which are derived from hemp and not marijuana and contain lower levels of THC, are sort of legal here under the 2018 federal Farm Bill that allows farmers to grow industrial hemp.

While the Florida Legislature passed a bill in 2024 that effectively banned delta-8 and delta-10 products and set a 5-milligram-per-serving limit on delta-9, Gov. Ron DeSantis vetoed it, reportedly to protect small businesses.

However, they remain federally illegal.

Samantha Neely is a trending reporter for the USA TODAY NETWORK-Florida, covering pop culture, theme parks, breaking news and more. You can get all of Florida’s best content directly in your inbox each weekday by signing up for the free newsletter, Florida TODAY, at https://floridatoday.com/newsletters.



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