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.
You’re watching the NBC6 South Florida News streaming channel, which plays local South Florida news 24 hours a day, seven days a week. You can find the “NBC6 South Florida News” streaming channel on your phone or computer, and on Peacock, Samsung, Roku, Xumo or on our app, so you can watch our local news on your schedule.
Brevard County couple gets married in NICU after birth of premature twins
A Florida couple, told they may not be able to have children, welcomed premature twins and had an impromptu NICU wedding.
Provided by AdventHealth for Children
Ben and Danielle Cassidy were told they likely wouldn’t be able to have children.
But this year they will celebrate Mother’s Day just months after having an impromptu wedding in the AdventHealth for Children hospital’s neonatal intensive care unit shortly after Danielle gave birth to twins prematurely — a week before the Palm Bay couple was scheduled to get married.
Both babies, Joshua and Rhett, are doing well despite arriving nine weeks ahead of schedule on Jan. 19, 2026, just one day after their scheduled baby shower. With a proper wedding out of the question with two premature babies in the NICU, a nurse took action.
Issabel Kenkel, the nurse behind the ceremony, said she was already in wedding planning mode for her own upcoming nuptials when she found out the Cassidy family’s ceremony would be interrupted.
“I couldn’t just let them do something small. They needed decorations and something fun, so I spoke to the music therapist and the chaplain,” Kenkel said. In short order, a wedding was being planned for their hospital room and the couple was saying their vows in the company of their safely delivered newborns.
“When we found out we could request staff members to be on our team, that’s when we requested Issabel and having that kind of consistency from someone who has such a big heart and is so kind,” Danielle said.
The hospital ceremony was all the more special because of the Cassidy family’s own health struggles.
“I have five autoimmune diseases and didn’t really think I would have kids. It’s been a rough journey. When Ben and I met, we were floored at how much a miracle it was to have kids,” Danielle said.
Ben, who battled and beat cancer, said he was worried that his prior treatment would result in negative health outcomes for his future children. Having twins for him was an unexpected blessing.
“When we found out we were pregnant, we found it so shocking. We said, wouldn’t it be great if it was twins? It filled out our hopes and dreams list,” Ben said. “They’ve been miracles for sure.”
The Cassidy couple said there was so much fear and uncertainty when their twins were born nine weeks early. Being able to get married right away just made them feel all the better about the future.
“It was nice getting married because we didn’t have to wait any longer to make it official. It made it that much harder for her to get rid of me,” Ben said.
“The unknown made it scary,” Danielle added. “We had no idea how long we would be in the hospital. Our wedding was going to be at the beach with immediate family and parents. Having NICU babies, we realized we’d never be able to get to the beach. It was really special having the people who care for our babies be part of the ceremony.”
The couple hadn’t even planned to have a band at their wedding ceremony and now the hospital’s music therapist was performing live for them and the chaplain was conducting the ceremony, something nurse Kenkel said was just part of her job.
“The babies are going to have the best outcomes if the families are taken care of and going home happy,” she said. “Being in the NICU is already so stressful. This is just one more thing I could do to take care of my patients.”
Tyler Vazquez is the Growth and Development Reporter at FLORIDA TODAY. Contact Vazquez at 321-480-0854 or tvazquez@floridatoday.com. X: @tyler_vazquez.
The Vero Beach Police Department took a man into custody May 8 in connection with a threatening phone call directed toward a business.
The agency received information at 5:21 p.m. May 7 about a threatening call to Thrive IRC Inc. at 2300 5th Ave. in Vero Beach, according to a news release. The call included someone threatening to come to the business with an AK rifle and “light the building up.”
Detectives began investigating the threat and identified Michael Sean O’Brien, 27, of Vero Beach, as the person associated with the phone number used during the call.
O’Brien was taken into custody at about 3:30 p.m. May 8 without incident. He was charged with the false report concerning the use of firearms in a violent manner, which is a second degree felony, according to the news release.
O’Brien was booked in the Indian River County Jail at 6:13 p.m. May 8 but was released at 1:36 p.m. May 9 after posting the $5,000 bond, according to the jail website.
No additional information was available the afternoon of May 9.
Olivia Franklin is TCPalm’s trending reporter. You can contact her at olivia.franklin@tcpalm.com, 317-627-8048 or follow her on X @Livvvvv_5.
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