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
Florida baseball falls to Jacksonville in midweek action
Florida lost to Jacksonville, 4-3, on Tuesday night. The Gators hit a season-high six batters in the loss, including two in a disastrous eighth inning.
Schuyler Sandford struggled out of the gate, walking two of the first three batters and bothcing a pickoff attempt. He recovered to get through the inning without giving up a run, but he didn’t make it out of the second. Sandford neared 49 pitches after just five outs, so Kevin O’Sullivan brought in Eli Blair earlier than expected. Blair hit the first batter he faced, but forced a groundout to keep Jacksonville off the board.
Florida didn’t do much offensively until the third. Brendan Lawson and Cole Stanford singled in the first and second, respectively, but neither came around to score. Lawson drove in the first run of the game with a sacrifice fly, capitalizing on a leadoff triple from Kolt Myers. Ethan Surowiec drove in Kyle Jones, who walked earlier in the inning.
Blair hit another batter in the third. A wild pitch and passed ball got him over to third base, but he got out of it again. After a third hit batter in the fourth inning, Caden McDonald took over for Blair. McDonald was the only arm of the night for Florida that didn’t hit a batter. He allowed one run on four hits, but he also struck out five over 2 2/3 innings.
Cole Stanford homered in the fourth to make it 3-0, Florida. Jacksonville got on the board in the sixth, when three of McDonald’s allowed hits came. They were all singles, but it was enough to drive in former Gator Sammy Mummau.
Billy Barlow pitched a 1-2-3 seventh. He was on his way to a second clean inning, but he couldn’t get the third out after striking out the first two batters. He hit a batter and walked Mummau, bringing in Cooper Walls. The former Sunday starter hit the first batter he saw to load the bases.
A bizarre sequence occurred next and ultimately decided the game. Roger Vergara took a 1-2 pitch that was a ball and got passed Stanford, but the umpire called the ball dead, stopping Jacksonville from scoring. The crew convened and decided the call on the field was a hit by pitch, but it missed Vergara by a good six inches. Florida challenged the call, and it was reversed, but the umpires still robbed Jacksonville of a run.
Vergara made it right with a two-run single, tying the game and advancing the go-ahead run to third. A passed ball from Walls gave Jacksonville a 4-3 lead.
Blake Cyr singled in the sixth but couldn’t score. That was Florida’s last hit of the night. Karson Bowen also got on base with a walk in the bottom of the ninth, but Jacksonville stopped him from scoring.
Follow us @GatorsWire on X, formerly known as Twitter, as well as Bluesky, and like our page on Facebook to follow ongoing coverage of Florida Gators news, notes and opinions.
Florida
Brightline ridership grows as South Florida ticket fares shrink while it gets more time to pay its debt
Brightline trains carried almost 10,000 passengers on the average day in February. That’s a new record as ridership between its five stations in South Florida jumped thanks to a sharp drop in average fares.
Long distance trips between South Florida and Orlando, however, remain the main driver of revenue as Brightline works to be a transportation alternative to driving on I-95 or the Florida Turnpike.
The average long distance fare in February was up 7% from a year earlier, while ridership grew by 4%. A price hike for its baggage fee also helped drive stronger revenue. Brightline’s total monthly revenue was $18.3 million, up 8%. The company does not disclose its monthly operating costs.
Short haul riders, those on trains in South Florida, jumped on cheaper fares last month. The average passenger paid 16% less for the shorter trips in February as ridership on those itineraries jumped 21%. And most of that increase came in the final two weeks of the month.
“February ridership and revenue were negatively impacted by a cold weather event in Florida during the first 10 days of February,” Brightline noted in its monthly report. Ticket revenue was flat during that same period. The company also sold a lot more higher-priced premium tickets from a year ago. Brightline has changed its scheduling and fare strategy in recent months to offer peak and off-peak prices while adding trains to its South Florida service, hoping to attract more regular commuters. It canceled a popular ticket package more than a year and a half ago only to reintroduce a commuter pass a year later.
“We believe the commuter business will reach its previous levels over the next several months,” it said.
Brightline is racing to accelerate its revenue growth to meet its debt payments. Last month, it negotiated with some of its bondholders to extend the deadline for one interest payment that was originally due Feb. 17. The lenders agreed to wait two more months.
Credit rating agencies S&P Global, Kroll and Fitch cut their grade on some Brightline bonds this year as the company’s revenue growth has lagged behind forecasts. S&P has since withdrawn its rating altogether at the request of Brightline. Its IOUs are rated as junk bonds, the riskiest category for lenders.
The company tapped its reserve account to pay its interest payments that were due Jan. 1. It is scheduled to pay $162 million in debt payments this year, though credit analysts are increasingly doubtful the company will be able to stay current on its IOUs.
In March, S&P Global predicted Brightline will be forced to restructure its debt “in about six months.”
The company has been updating lenders for months that it is looking to raise money by selling “a substantial amount of equity” to pay down its multi-billion dollar debt load. Analysts expect some bondholders will convert their loans into ownership stakes of the passenger train service.
Florida
Killer cop or the wrong man? DNA halts Florida execution. For now.
Ex-officer James Duckett had been set to be executed by lethal injection on March 30 for the rape and murder of an 11-year-old girl while he was on duty in Florida. But DNA testing has stopped it.
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When 11-year-old Teresa Mae McAbee was kidnapped, raped, strangled and drowned in the small Florida city of Mascotte nearly 40 years ago, a surprising suspect emerged: a rookie cop named James Duckett.
The one undisputed fact of the case is that Duckett was on duty on May 11, 1987, when he encountered Teresa at a convenience store. The little girl had walked there to buy a pencil.
Duckett maintains that he told Teresa that she needed to go home, and that’s the last time he saw her. Prosecutors argue that Duckett was a monster in disguise who abused the badge and brutally raped and killed Teresa before dumping her body in a lake.
Jurors accepted the state’s narrative, convicting Duckett of murder largely based on circumstantial evidence and recommending the death penalty.
Now nearly 40 years later, DNA in the case stands to either save Duckett’s life or seal his fate.
Duckett, 68, had been set to die by lethal injection at a Florida state prison on Tuesday, March 31. But with less than a week to go, the Florida Supreme Court issued a rare stay of execution pending the results of the DNA testing. And on Monday, March 30, the court upheld the stay, effectively stopping any chance that the execution would happen as scheduled.
Though the execution is on hold for now, it’s not on hold for good.
As Duckett awaits his fate, USA TODAY is looking deeper at the case, the recent court actions and why the DNA hasn’t been tested until now.
What happened to Teresa Mae McAbee?
On May 11, 1987, the fates of 29-year-old rookie cop James “Jimmy” Duckett and 11-year-old Teresa Mae McAbee became intertwined.
Teresa had walked to her local Circle K convenience store to buy a pencil around 10 p.m. in Mascotte, Florida, a rural city just west of Orlando that had fewer than 2,000 residents at the time.
Duckett was on patrol for the Mascotte Police Department. The married father of two sons, who had been on the force for seven months, was making his regular rounds and stopped at Circle K, spotting Teresa talking with a 16-year-old boy outside the store, according to court records.
Duckett has always maintained that he talked to Teresa and the teen, telling each to go home. But the boy and his uncle later said that Duckett put Teresa in his patrol car and drove off.
Teresa’s mother arrived at the Circle K around 11 p.m. looking for her daughter. The store clerk told her that Teresa may have gone with Duckett, and the mother began searching the area. When she couldn’t find Teresa, she contacted police and later filed a missing persons report with Duckett, the only officer on patrol at the time.
The next morning, less than a mile from the Circle K, a fisherman found Teresa’s body in Knight Lake. A medical examiner later found that she had been raped, strangled and was still alive when her attacker drowned her. Bodily fluid, presumably from the killer, was found on her underwear − DNA that was saved.
Duckett became a suspect when a sheriff’s investigator, Sgt. Chuck Johnson, thought the officer was acting nervous at the scene of the body recovery, “was not curious about the death,” and told a “rehearsed-sounding story” about his interaction with Teresa and the events of the night before. Duckett was charged with murder five months later.
What happened at James Duckett’s trial?
At trial, prosecutors called James Duckett a “cold-blooded killer” and said that unlike him, Teresa didn’t have a judge or jury.
“She had a police officer named Duckett pick her up and put her in the car and take her down to Knight Lake, and he sentenced her to be raped, and he sentenced her for threatening to tell on him and taking away his power, his almighty power of the badge,” they told jurors, according to court records. “She threatened to tell when she was hurt … so he sentenced her to die. He served as executioner.”
Among the state’s evidence: a pubic hair found on Teresa that an FBI analyst said was consistent with Duckett’s, Teresa’s fingerprints on the hood of Duckett’s car, tire tracks at the scene of the murder that police say matched Duckett’s patrol car, and a key witness who testified that she saw Duckett drive off with a small person in his patrol car shortly after he spoke with Teresa.
Prosecutors also put three young women on the stand who testified that they were underage when Duckett sexually harassed or abused them.
Duckett’s attorneys have been working to poke holes in the trial evidence, saying that Teresa’s fingerprints were on the car hood because she sat on it at the Circle K, that a second hair found on the girl’s body was inconsistent with Duckett’s, and that Duckett’s tire tracks were at the scene because drove there after the body was found.
They also argue that the state’s key witness agreed to give bogus testimony in exchange for getting out of jail early and that there was no evidence to corroborate the stories of the three young women who testified that Duckett had been inappropriate with them.
Duckett’s attorneys also argue that there were far likelier suspects in the case, including the teen Teresa was talking to before she vanished and various men who were boyfriends or friends of her mother’s.
“For reasons beyond his control, James Duckett was chosen as the suspect, and other more likely suspects were allowed to walk away,” his attorneys argue in court records. “Rather than find the real perpetrator, the state chose to proceed with a circumstantial evidence case against Mr. Duckett.”
Just before he was sentenced to death, Duckett pleaded with the judge in the case to spare his life.
“I did not do this,” he said, according to court records. “When the person who did this repeats it, I want to see the face of the person telling the victim’s mother, father, sister or brother, ‘I am sorry. We thought we had the right one before.’”
An execution scheduled, then stopped
After spending nearly 40 years on death row, James Duckett’s execution was scheduled for March 31 after Florida Gov. Ron DeSantis signed his death warrant last month.
Duckett’s attorneys fought to stop the execution so that DNA testing could be conducted on the semen collected from the crime scene. On March 26, the Florida Supreme Court agreed to issue a stay of execution pending results from the testing.
The results, which came in on March 27, were inconclusive, possibly because so little of the DNA collected was left to be analyzed. But Duckett’s attorneys had argued that a different lab would be more likely to extract useable results.
The Florida Supreme Court could have lifted its stay because the initial results were inconclusive. Instead, the court decided to uphold it on March 30 in a 6-1 ruling, stopping Duckett’s execution for now.
Duckett’s attorney, Mary Wells, told USA TODAY that the stay was “a significant step toward preventing the irreversible harm that will result if the State of Florida executes an innocent man.”
“DNA testing … has the potential to conclusively establish Mr. Duckett’s innocence,” she said. “When the outcome of the results is whether a man lives or dies, there is no valid scientific basis for prohibiting a second examiner to analyze the results.”
The state’s Attorney General’s Office had argued in court that the stay should be lifted because the DNA results were inconclusive and that Duckett sought DNA testing far too late.
“Duckett waited until after a warrant was signed to seek DNA testing for a murder he committed over 38 years ago where he knew about the (DNA) slide at least since the relinquishment in 2003,” they wrote. “But he did not seek DNA testing as soon as the science was sufficiently advanced. A truly innocent man would have sought … DNA testing as soon as it was available.”
What happens now?
In its order upholding the execution stay, the Florida Supreme Court ordered Lake County Circuit Judge Brian Welke to provide the higher court with a status report by the end of day on April 2
Welke is expected to decide whether there should be further testing of the DNA. Welke is the judge who initially granted Duckett’s request to test the DNA.
In his dissenting opinion to uphold the stay, Florida Supreme Court Justice Adam Tanenbaum wrote that Duckett’s DNA fight amounts to “a Hail Mary pass” and that given the inconclusive test results, there is “nothing further for (Welke) to do at this point.”
“Indeed, as has been the case for decades, there is no exonerating evidence at all to justify any further delay in the defendant’s execution, which has been a long time coming,” Tanenbaum wrote. “Justice for the victim and her family has been delayed far too long. The defendant’s time is up.”
Amanda Lee Myers is a senior crime reporter who covers cold case investigations and the death penalty for USA TODAY. Follow her on X at @amandaleeusat.
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