Florida
Is weed legal in Florida? What to know before traveling for holidays
Trump weighs executive order loosening federal marijuana rules
President Donald Trump is considering an order to reclassify marijuana, easing restrictions and expanding research opportunities.
Can Floridians or those traveling to Florida for the holidays light one up while taking part in festive activities? Doing so will result in your name being added to the state’s naughty list.
While it’s legal in about half the country, recreational marijuana remains illegal in Florida.
An amendment last year to make recreational marijuana legal in the Sunshine State came close and got a majority of the vote, but it failed to hit Florida’s required 60% threshold. The group behind it is trying again in 2026.
Here’s what you need to know about marijuana laws in Florida before the holiday.
Is marijuana legal in Florida?
Yes, but only for some people.
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.
Is recreational marijuana legal in Florida?
No. During the 2024 General Election, an amendment that called for legalizing recreational marijuana in Florida failed to get the 60% of votes needed to pass.
Is medical marijuana legal in Florida?
Medical marijuana is legal here, but only for Florida residents with the following conditions who apply for and 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
Note that under a new Florida law as of July 1, medical marijuana registration will be revoked if a patient or caregiver is convicted or pleads guilty or no contest to drug trafficking, sale or manufacture.
Can I bring weed if I have a medical marijuana card from another state?
No. The state of Florida does not offer reciprocity. A bill in this year’s legislative session that would have changed that died in committee.
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, you will be penalized. 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 maximum $1,000 fine.
- Possession of paraphernalia: Misdemeanor, up to one year in jail and 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 maximum $5,000 fine.
- Possessing from 25 to 2,000 pounds of marijuana: First-degree felony, from three to 15 years in jail and $25,000 fine.
- Possessing from 2,000 to 10,000 pounds of marijuana: First-degree felony, from seven to 30 years and $50,000 fine.
- Possessing more than 10,000 pounds of marijuana: First-degree felony, from 15 to 30 years and $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). 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 with a medical marijuana card, you may not buy your pot anywhere but at a licensed dispensary.
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 legal here under the 2018 federal Farm Bill that allows farmers to grow industrial hemp.
Last year, the Florida Legislature passed SB 1698, a bill that effectively banned delta-8 and delta-10 products and set a 5-milligram-per-serving limit for delta-9 THC, but Gov. Ron DeSantis vetoed it, reportedly to protect small businesses.
However, they remain federally illegal.
Can you get a DUI in Florida on marijuana?
Yes. Drivers under the influence of drugs, including marijuana, face the same penalties as drunk drivers in Florida.
That ranges from up to six months of jail time, a fine between $500 and $1,000, a license suspension, 50 hours of community service and a 10-day vehicle impoundment (for the first offense) to up to five years in prison, up to $5,000 in fines, lifetime license revocation and more for the fourth offense.
Penalties go up fast if there is a minor in the vehicle or you cause property damage, injury or death.
Florida
Flying taxis? They could be coming to Florida by the end of the year
Hate driving in Florida traffic? A flying taxi can elevate that problem. Electric aircrafts could used in Florida’s skies in 2026.
Tired of the constant traffic and congestion clogging Florida’s roads?
In the words of the great Dr. Emmett Brown (Back to the Future fame), “Roads? Where we’re going we don’t need roads.”
Florida is on its way to be the nation’s first state to offer commercial Advanced Air Mobility (AAM). Essentially, that means state officials are paving the (air)way for passengers to take flight taxis, including electric vertical take-off and landing aircraft (eVTOL), from one city to another in record time.
The country’s first aerial test site should be operational within the first part of 2026. It’s at Florida Department of Transportation’s SunTrax testing facility in Polk Couty between Tampa and Orlando along the almost-always congested Interstate-4.
“Florida is at the forefront of emerging flight technology, leading the nation in bringing highways to the skies with Advanced Air Mobility (AAM), an entirely new mode of transportation,” according to a press release from the Florida Department of Transportation. “FDOT’s strategic investments in infrastructure to support AAM will help us become the first state with commercial AAM services.”
When will flight taxis be available in Florida?
Sometime in early 2026, the new Florida AAM Headquarters at the SunTrax Campus will be operational. By the end of the year, it will be fully activated and ready to deploy profitable commercial services for passenger travel.
Air taxi company Archer Aviation announced in Dec. 2025 that it will provide flights between Palm Beach, Fort Lauderdale-Hollywood and Miami international airports possibly as early as this year.
The company also plans to pick up and drop off passengers at the Boca Raton Airport, the Witham Field airport in Stuart, Fort Lauderdale Executive Airport, Miami-Opa Locka Executive Airport and Miami Executive Airport.
Phase one of Florida air taxis: Four sections of the state
- Part A: I-4 corridor, Orlando to Tampa, Orlando to the Space Coast, Orlando to Suntrax and Tampa to Suntrax.
- Part B: Port St. Lucie to Miami
- Part C: Tampa to Naples/Miami to Key West
- Part D: Pensacola to Tallahassee
Phase two of Florida air taxis: Four more sections
- Part A: Daytona Beach to Jacksonville
- Part B: Sebring out east and west
- Part C: Orlando to Lake City/Tampa to Tallahassee
- Part D: Jacksonville to Tallahassee
What Florida airports are interested in commercial flight taxis
- Boca Raton Airport (BCT)
- Daytona Beach International Airport (DAB)
- Fort Lauderdale/Hollywood International Airport (FLL)
- Lakeland Linder International Airport (LAL)
- Miami Executive Airport (TMB)
- Miami International Airport (MIA)
- Miami-Opa Locka Executive Airport (OPF)
- Orlando Executive Airport (ORL)
- Orlando International Airport (MCO)
- Palm Beach International Airport (PBI)
- Peter O Knight Airport (TPF)
- Sebring Regional Airport (SEF)
- Tallahassee International Airport (TLH)
- Tampa International Airport (TPA)
- Vero Beach Regional Airport (VRB)
Michelle Spitzeris a journalist for The USA TODAY NETWORK-FLORIDA. As the network’s Rapid Response reporter, she covers Florida’s breaking news. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY, at https://floridatoday.com/newsletters.
Florida
Officials withheld evidence on Florida’s ‘Alligator Alcatraz’ funding, environmental groups say
ORLANDO, Fla. — Federal and state officials withheld evidence that the Department of Homeland Security had agreed to reimburse Florida for some of the costs of constructing an immigration detention center in the Florida Everglades known as “Alligator Alcatraz,” according to environmental groups suing to shut down the facility.
The Everglades facility remains open, still holding detainees, because an appellate court in early September relied on arguments by Florida and the Trump administration that the state hadn’t yet applied for federal reimbursement, and therefore wasn’t required to follow federal environmental law.
The new evidence — emails and documents obtained through a public records request — shows that officials had discussed federal reimbursement in June, and that the Federal Emergency Management Agency confirmed in early August that it had received from state officials a grant application. Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center’s construction and operation.
“We now know that the federal and state government had records confirming that they closely partnered on this facility from the beginning but failed to disclose them to the district court,” said Tania Galloni, one of the attorneys for the environmental groups.
An appellate panel in Atlanta put a temporary hold on a lower court judge’s ruling that would have closed the state-built facility. The new evidence should now be considered as the judges decide the facility’s permanent fate, Friends of the Everglades and the Center for Biological Diversity, said in court papers on Wednesday.
A federal judge in Miami in mid-August ordered the facility to wind down operations over two months because officials had failed to do a review of the detention center’s environmental impact according to federal law. That judge concluded that a reimbursement decision already had been made.
The Florida Department of Emergency Management, which led the efforts to build the Everglades facility, didn’t respond to an emailed inquiry on Thursday.
Florida has led other states in constructing facilities to support President Donald Trump’s immigration crackdown. Besides the Everglades facility, which received its first detainees in July, Florida has opened an immigration detention center in northeast Florida and is looking at opening a third facility in the Florida Panhandle.
The environmental lawsuit is one of three federal court challenges to the Everglades facility. In the others, detainees said Florida agencies and private contractors hired by the state have no authority to operate the center under federal law. They’re also seeking a ruling ensuring access to confidential communications with their attorneys.
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Follow Mike Schneider on the social platform Bluesky: @mikeysid.bsky.social
Florida
Florida lawmaker files hands-free driving bill ahead of 2026 legislative session
TALLAHASSEE – Florida lawmakers are once again trying to crack down on distracted driving, this time with a proposal that goes further than the state’s current law.
Senate Bill 1152, filed ahead of the upcoming legislative session, would make it illegal for drivers to hold a phone while operating a motor vehicle. Drivers could still use GPS, make phone calls, or use navigation apps, but only through hands-free technology such as Bluetooth or built-in vehicle systems.
That restriction would apply even when a vehicle is stopped at a red light or in traffic. The bill defines “handheld” use broadly, including holding a phone in one or both hands or bracing it against the body.
Supporters say Florida’s existing law, which primarily targets texting while driving, doesn’t fully address the many ways drivers use their phones behind the wheel and can be difficult for law enforcement to enforce consistently.
The bill also includes privacy protections. Law enforcement officers would not be allowed to search or confiscate a driver’s phone without a warrant.
State officials say distracted driving remains a serious and persistent problem across Florida.
By the numbers:
The most recent available data for a single year shows nearly 300 people were killed and more than 2,200 others suffered serious injuries in crashes involving distracted drivers in 2024. A crash happens in Florida about every 44 seconds, and roughly one in seven crashes involves a distracted driver, according to state data.
Advocates point to other states with hands-free laws, saying those states have seen declines in deadly crashes after similar measures were adopted.
READ: Trump calls for ban on Wall Street buying single-family homes, citing affordability concerns
What’s next:
The bill will be taken up during the 2026 legislative session, which begins Tuesday, Jan. 13. It must pass committee hearings and full votes in both chambers before going to the governor.
If approved, the law would take effect Oct. 1, 2026.
The Source: This story is based on the filed text of Senate Bill 1152 and data from the Florida Department of Highway Safety and Motor Vehicles.
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