MenuPublic opinion and marijuana laws are changing across the U.S., but Florida remains one of the stricter states when it comes to recreational cannabis. While medical marijuana is legal under state law, recreational use is still prohibited in 2025.
That means possession of marijuana—even small amounts—can still lead to arrest, jail time, fines, and a permanent criminal record. And for out-of-state visitors who may come from states like Colorado, Michigan, or New Jersey where recreational use is legal, this difference can come as a costly surprise.
What Is the Current Legal Status in Florida?
- Recreational marijuana is illegal. Florida voters considered Amendment 3 in November 2024, which would have legalized adult use for those 21 and over. While it received a majority of the vote, it failed to reach the required 60% threshold to amend the state constitution.
- Medical marijuana is legal. Patients with qualifying conditions who are registered with the Florida Medical Marijuana Use Registry can obtain marijuana from licensed dispensaries. Possession outside of this system remains illegal.
Penalties for Marijuana Possession
| Possession Type | Classification | Maximum Penalties |
| 20 grams or less (non-medical) | First-degree misdemeanor | Up to 1 year in jail, fine up to $1,000 (Fla. Stat. § 775.082; § 775.083) |
| More than 20 grams | Felony (3rd degree) | Up to 5 years in prison, fine up to $5,000 (Fla. Stat. § 893.13) |
| Near schools, parks, or other protected zones | Enhanced penalties | Longer sentences, higher fines (Fla. Stat. § 893.13(1)(c)) |
Even misdemeanor charges can have long-term consequences, especially for students, professionals, and non-citizens.
Why Visitors from Other States Need to Be Careful
Many visitors come to Florida for vacation, spring break, or business travel from states where recreational cannabis is legal. It’s easy to assume that Florida’s laws are equally relaxed — but they aren’t.
- What’s legal at home may not be legal in Florida. Bringing marijuana across state lines is a federal crime under the Controlled Substances Act. Even possessing cannabis purchased legally in another state is illegal once you’re in Florida.
- Tourists are not exempt. Out-of-state visitors face the same penalties as Florida residents for marijuana possession. A first-degree misdemeanor arrest on vacation can mean court appearances, legal fees, and travel back to Florida for hearings.
- Decriminalization elsewhere doesn’t apply here. Some cities and counties outside Florida treat small amounts of cannabis like a parking ticket. In Florida, the same conduct can still mean a criminal record.
For visitors, the consequences often include:
- Arrest during traffic stops or at airports.
- Difficulty returning to Florida for court proceedings.
- Criminal records that follow them back to their home state.
- Immigration issues for non-citizen tourists or students.
Out-of-State Medical Marijuana Cards Do Not Count in Florida
One of the most common—and dangerous—misunderstandings about medical marijuana in Florida is the belief that reciprocity applies. Unlike some states, Florida does not recognize medical marijuana cards from other jurisdictions (Fla. Stat. § 381.986).
This means:
- Tourists cannot rely on out-of-state prescriptions; even a valid medical card or doctor’s recommendation from your home state is not a defense in Florida.
- Possession with an out-of-state card is considered illegal possession, and police and prosecutors will treat your marijuana as if you had no authorization at all.
- Florida dispensaries require Florida registration, meaning only patients enrolled in the Medical Marijuana Use Registry can legally purchase cannabis.
In short: your medical card from another state will not protect you in Florida.
Local Citation Programs vs. State Law
Some Florida counties and municipalities have civil citation programs for possession of small amounts (usually under 20 grams). Instead of arrest, someone may receive a citation with a fine or community service requirement.
But here’s the catch:
- These programs are local options — they do not override state law.
- Officers still have discretion to arrest.
- If arrested under state law, you face misdemeanor or felony charges, regardless of local policy.
Critical Nuances That Make Possession Serious
- Medical vs. non-medical. Only patients with Florida registration are protected. Out-of-state cards do not count.
- Possessing more than 20 grams elevates charges to a felony.
- Protected zones. Being caught near a school or park increases penalties.
- Prior convictions. Repeat offenses lead to harsher sentences and fewer diversion options.
- Out-of-state misunderstanding. Tourists often assume Florida laws mirror their home state, only to end up arrested.
Strategies & Defense Options
If you face marijuana possession charges in Florida, possible defenses include:
- Challenging the legality of the search. Was the marijuana found during an illegal search or without probable cause?
- Medical marijuana defense. Are you a qualified Florida medical marijuana patient?
- Diversion programs. First-time offenders may qualify for diversion, potentially leading to dismissal.
- Negotiated pleas. Reduction to lesser offenses may avoid jail time or permanent records.
Why It’s Still a Serious Charge in 2025
Even though much of the country is moving toward legalization, Florida law remains clear: recreational marijuana is illegal.
- Possession under 20 grams = misdemeanor (still a criminal record).
- More than 20 grams = felony, with possible prison time.
- Out-of-state visitors and prescriptions from other states do not provide a defense.
In short, what might be a minor ticket in another state can be life-altering in Florida.
Frequently Asked Questions (FAQs)
Q: Is recreational marijuana legal in Florida in 2025?
 No. A 2024 ballot measure failed, so recreational use is still illegal.
Q: What if I have a medical marijuana card from another state?
 Florida does not recognize out-of-state medical marijuana cards. Only patients registered in Florida’s program are protected (Fla. Stat. § 381.986).
Q: Can tourists be arrested for small amounts?
 Yes. Visitors are treated the same as residents under Florida law.
Q: Do local citation programs mean no arrest?
 Not always. Some counties have them, but officers can still arrest under state law.
Q: What if I legally purchased marijuana in another state and brought it to Florida?
 That’s a crime. Crossing state lines with marijuana is a federal offense under the Controlled Substances Act, even if it was legal where you bought it.
Q: Can I get the charge expunged or sealed?
 Possibly, in some cases. It depends on whether the case ended in a conviction, whether you qualify under Florida’s sealing and expungement laws, and whether the record is eligible.