In Florida, recreational cannabis is illegal, medical cannabis is legal, and delta-8 THC is legal.
Last verified October 24, 2026 · Last major change November 2025
Illegal. Amendment 3 got about 56% in 2024, short of the 60% required; a 2026 initiative did not qualify after the state counted too few valid signatures, and the Florida Supreme Court declined review in March 2026.
Legal. Voters approved Amendment 2 in 2016 with 71%; patients buy from licensed medical marijuana treatment centers, and smoking has been allowed since a 2019 law.
Licensed centers sell smokable flower, vapes, concentrates, edibles (up to 10 mg THC per serving), oral and sublingual products, topicals and suppositories; patients under 18 may smoke only if terminally ill and a pediatrician agrees. Limits: Edibles: at most 10 mg THC per serving and 200 mg per product, with no candy-like shapes or color additives. Smokable flower: at most 2.5 oz per 35 days. Non-smokable products: 24,500 mg THC per 70 days in total, with daily caps by route (Rule 64ER22-8).
Hemp extract products, including delta-8, may be sold to adults 21+ under Florida Statutes section 581.217 with testing, labeling and packaging rules; the governor vetoed a 2024 bill (SB 1698) to ban intoxicating hemp products.
Legal. Delta-8 and other hemp-derived THC products may be sold at general retail to adults 21+ if they meet state testing, labeling and packaging rules; federal law excludes converted cannabinoids such as delta-8 made from CBD, and products over 0.4 mg total THC per container, from hemp on Dec. 11, 2026.
Possession of 20 grams or less is a first-degree misdemeanor: up to 1 year in jail and a fine up to $1,000; more than 20 grams is a felony: up to 5 years in prison and a fine up to $5,000.
In danger. Hemp THC products legal under Florida law fall outside the federal hemp definition from Nov. 12, 2026 (cannabinoids the plant cannot produce naturally) and Dec. 11, 2026 (converted cannabinoids such as delta-8 made from CBD, and products over 0.4 mg total THC per container).
In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.