Cannabis in Florida – Laws, Use, and History
Medicinal cannabis is legal in Florida, but recreational cannabis, at present, is not. Various representatives have attempted to pass bills to make cannabis use legal, but so far, they have been met with opposition. As such, the penalties for possessing or selling the drug remain severe, with prison sentences in place for even minor offences.
- Recreational cannabis
- Medicinal cannabis
- Legal since 2016
Cannabis laws in Florida
The US is governed by federal and state laws. This article covers the cannabis laws in the state of Florida. For US federal laws, please visit this page.
Can you possess and use cannabis in Florida?
At present, it’s illegal to possess and use cannabis in Florida. If caught with 20 grams or under, the offender may be given a prison sentence of up to a year, and/or a $1,000 fine. If the amount of cannabis is over 20 grams, the offence becomes a felony, rather than a misdemeanour, and the prison sentence rises to as long as five years (with a possible fine of $5,000).
However, attempts are being made to make recreational cannabis use legal, as it is in some other US states. In 2019, state representatives Carlos Guillermo Smith and Michael Grieco filed a bill, seeking to legalise the drug. This wasn’t given a hearing or a vote. Their bill proposed to permit adults over the age of 21 to “use, possess, and transport” up to 2.5 ounces of cannabis, and grow up to six plants.
One significant obstacle stands in the way of recreational cannabis being legalised, and that’s the restriction of citizen drives. Pushed by Republican representatives, the bill limits the impact citizen petitions can have on constitutional amendments. Given that four of the amendments involve changing current cannabis law, this is likely to be a major issue in the future.
Governor Ron DeSantis signed this controversial bill in June 2019, and it came into immediate effect. The South Florida Sun-Sentinel referred to the move as an “arrogant abuse of political power.”
Can you sell cannabis in Florida?
Selling cannabis is also illegal in Florida. If the offender is caught trying to sell 20 grams or less, then the maximum prison sentence is one year, with a $1,000 fine. Selling 25 lb or less is a felony, and can result in up to five years in prison, plus a $5,000 fine. Anything over 25 lb but under 2,000 lb is punished with a three to 15-year prison sentence and a fine of $25,000.
If the laws change after the 2020 general election, then selling cannabis may become legal. Regulate Florida are petitioning to not only get recreational cannabis legalised, but also to create a regulated industry, enabling the plant to be sold to the general public.
Can you grow cannabis in Florida?
It’s illegal to grow cannabis in Florida. If caught cultivating less than 25 plants, the maximum prison sentence is five years (with a $5,000 fine). For 25 to 300 plants, the sentence is increased to a maximum of 15 years and a fine of $10,000; and if the amount of plants is between 300 and 2,000, this changes again, to three to 15 years in prison, plus a $25,000 fine.
If the offender is caught growing 2,000 to 10,000 plants, then the prison sentence is seven to 30 years, with a $50,000 fine. Any cultivation that takes place within 1,000 feet of an educational establishment, park or other specified area can result in a 15-year prison sentence and a $10,000 fine.
The law may change in the future, permitting people in Florida to grow a limited number of plants for personal use only, in their homes. However, at the time of writing, the situation hangs in the balance.
Is CBD legal in Florida?
Since Congress removed hemp from their list of illegal drugs, CBD has been technically legal to use, sell, and buy in Florida. It must come from a licenced grower, and it isn’t allowed to contain more than trace levels of THC (the substance responsible for providing a ‘high’).
In real terms, the law is far more complex. The Florida Department of Agriculture’s official stance is that it’s not legal to sell hemp or CBD, but Nikki Fried, the Agriculture Commissioner, is currently attempting to push through legislation to bring state law in line with federal law.
In the interim period while the situation is ambiguous, the authorities have been largely turning a blind eye to consumers purchasing and using CBD. The few crack-downs that have occurred have been involving CBD retailers, not buyers.
Despite the confusion surrounding the legality of CBD, sales have been booming across the state. During the 2020 COVID-19 lockdown, sales rose by around 59%, with people claiming they were using it to cope with depression and anxiety.
Can cannabis seeds be sent to Florida?
Cannabis seeds are legal in Florida, and may be freely purchased and sold. When it comes to mailing them into the state from another state, the law is a little more ambiguous, and there have been some reports of seeds being withheld at customs.
Medicinal cannabis in Florida
Although medicinal cannabis is still illegal at federal level, it was legalised in Florida in 2016. Bill 182 was originally approved by Florida’s Senate in 2014, with a 36 to three vote; and it was put in place to ensure that children with epilepsy had access to medicinal cannabis to treat their condition.
The Senate’s decision was based on the case of a young girl called Charlotte, who was using CBD oil to treat her epilepsy. The bill was nicknamed the ‘Charlotte’s Web bill’ in honour of this girl, and after the high CBD cannabis strain that was named after her too (‘Charlotte’s Web).
- Edibles cannot have bright colours, or resemble any commercial candy to minimize attraction to children.
- They cannot be decorated with sprinkles, icing or any topping.
- Edibles must be packaged appropriately, and can come in the form of lozenges, candy, baked goods, chocolates and drink powders.
- Tetrahydrocannabinol (THC) levels must not exceed 10 mg in single servings, or 200 mg in multi-servings.
Possessing cannabis-infused edibles without a valid medicinal card is illegal.
Obtaining medicinal cannabis in Florida
- have a Medical Marijuana Use Registry ID card, which permits them to buy and possess medicinal cannabis.
- have a qualifying condition.
- be a permanent or seasonal resident of the state.
- agree to keep the medicinal cannabis in Florida – it can’t legally be taken across the border.
- agree to use it privately – public use is forbidden.
- store it out of reach of children, ideally in a locked box.
How to qualify for an ID card
In order to qualify for medicinal cannabis, the patient must first be diagnosed by a qualified physician. If the patient is under 18, a second physician needs to agree with the original diagnosis.
Once approved, the patient is then entered into the Medical Marijuana Use Registry (and their caregiver, if applicable). They can then apply for an ID card, and obtain cannabis products at any approved Medical Marijuana Treatment Centre. Alternatively, they can have the products delivered to their home.
The following health conditions have been approved for medicinal cannabis treatment in Florida:
Industrial hemp in Florida
Industrial hemp was legalised at federal level in 2018, under the Farm Bill. In 2019, Florida’s Senate voted unanimously to pass a bill, establishing a framework for the regulation of hemp cultivation in the state.
If approved, the bill directs Florida’s Department of Agriculture to start drafting the rules for the state’s hemp industry, with regards to safety standards, licencing, and quality control. An advisory council will also be created, providing education to local communities, and explaining how hemp differs from cannabis.
Good to know
If you are travelling to Florida (or currently live there), you may be interested to know the following:
- Although the authorities are adopting a relaxed approach to CBD at present, there have been clamp-downs on certain products. For example, in 2019, $33,000 worth of CBD edibles were seized, as they looked too much like children’s sweets.
- In 2019, the Florida Board of Medicine officially approved the prescribing of smokeable medicinal cannabis.
- The famous OG Kush strain was first cultivated in Florida, after a California strain was paired with Hindu Kush from Amsterdam.
Cannabis Use in Lebanon – Laws, Use, and History
It took a long time for cannabis to make its way to Florida. Elsewhere in the country, the plant’s popularity grew significantly during the prohibition period (the 1920s), but Florida took a little while longer to fully embrace it.
However, by 1931, the Key West Citizen commented that: “use of marijuana, a drug made from a Mexican plant, is rapidly spreading in the United States. And, the pity of it is, there is little legislation to prevent this.”
At this time in the US, notable public figures and businessmen were promoting negativity towards the plant. Harry J. Anslinger, the first commissioner of the US Bureau of Narcotics, launched a smear campaign, blaming cannabis for several violent offences in the country. These cases of cannabis-inflicted crime were later debunked by historians.
The Marihuana Tax Act of 1937 saw the plant banned in Florida, along with the rest of the country. Although public perception was largely negative throughout the 1940s, by the 1950s and 60s, hippy culture had taken root – and cannabis was taken up by Florida’s hip young citizens.
In fact, Florida was one of the first to embrace cannabis. The Miami Pop Festival (which was held a year before Woodstock) was full of people smoking it, along with performances by Fleetwood Mac, Joni Mitchell, and Jimi Hendrix.
By the end of the 1960s, Florida was known as the US’s cannabis smuggling capital, with the drug regularly entering the ports. This continued throughout the following decade, though as well as gaining a reputation for trafficking the drug, the state was also renowned for growing it too.
Ronald Reagan’s War on Drugs in the 80s meant that Florida’s cannabis fields were covered in chemicals, as part of the eradication efforts. The drugs cartels weren’t too worried about selling cannabis covered in toxic substances, which resulted in users getting sick. In 1988, the Miami Herald stated that the plant was the second biggest crop in Florida, bringing in around $400 million each year.
By the 1990s, attitudes were changing once more. In 1991, Kenneth and Barbara Jenks were arrested for using cannabis to treat their AIDS symptoms. They appealed their conviction and were later acquitted. This, and other similar cases, eventually led to medicinal cannabis being legalised – though it took over 20 years for it to happen.
Cannabis in Algeria – Laws, Use, and History
Attitudes towards cannabis
The legalisation of medicinal cannabis demonstrates how attitudes towards the drug have changed in Florida. When the Medical Marijuana Legalisation Initiative was put to the vote, 71% of the state’s citizens approved it – a considerable majority.
There is still some opposition to its use; notably from Republican representatives. However, it seems that the public are largely open to the legalisation of the drug.
Will it be legalised in the future?
Various attempts have been made to legalise recreational cannabis use in Florida. So far, none have been successful – but experts suggest that it’s only a matter of time before the legislation is passed.
While every effort has been made to ensure the accuracy of this article, it is not intended to provide legal advice, as individual situations will differ and should be discussed with an expert and/or lawyer.
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Author and reviewer
The Sensi Seeds Editorial team has been built throughout our more than 30 years of existence. Our writers and editors include botanists, medical and legal experts as well as renown activists the world over including Lester Grinspoon, Micha Knodt, Robert Connell Clarke, Maurice Veldman, Sebastian Maríncolo, James Burton and Seshata.
Maurice Veldman is a member of the Dutch Association of Criminal Lawyers and one of the Netherlands’ most notable cannabis lawyers. With 25 years’ experience in the field, his knowledge of criminal and administrative law supports cannabis sellers and hemp producers by addressing the inequalities between the individual and the state.
Buy Marijuana Seeds in Florida
Laws on Buying & Growing Marijuana Seeds in Florida in 2022. Growing Tips, Recommended Seed Strains, and the Best Seed Banks That Deliver to The Sunshine State.
If you enjoy cannabis, sunshine, and limitless coastline — Florida is the place to be.
However, underneath the glitz and sunscreen, Florida has the potential to be a tour de force in the cannabis industry — as long as Florida adopts progressive cannabis laws.
Regardless, if you’re ready to buy and grow cannabis seeds in the Sunshine State — read along! You’ll soon discover the best online seed banks, top-shelf seed strains, grow tips, and Florida’s long history with cannabis.
In a Nutshell — The Legality of Marijuana Seeds in Florida
If you want to grow cannabis seeds or plants in Florida — you need to understand the laws surrounding marijuana.
Here’s a summary of current cannabis laws in Florida:
- Medical marijuana is legal
- Recreational cannabis is illegal
- Medical CBD is legal
- It’s illegal to grow cannabis seeds from a seed bank
As you can see — Florida’s current cannabis laws are a buzzkill. Now that you know what’s legal and what’s not — it’s time to learn how to buy and grow cannabis seeds in the Sunshine State!
Below, you’ll discover the best seed banks, top-rated seed strains, grow tips, and an in-depth look at Florida’s cannabis laws.
Super Lemon Diesel
White Widow Max
Super Sour Berry
Growing Cannabis Seeds in Florida
If there’s one thing that Florida isn’t missing — it’s an abundance of sunshine.
However, long sunshine hours aren’t the only thing that’ll transform your cannabis garden into a bud-producing powerhouse. Below, we’ll discuss essential aspects of growing cannabis seeds, such as when to germinate weed seeds and what to look out for.
Once you finish this section, you’ll have a clear path to growing cannabis seeds in Florida.
When to Sprout Cannabis Seeds in Florida
Florida exhibits a humid subtropical climate.
In other words, Florida is a playground for anyone who prefers sunny and balmy weather over four seasons. Although Florida has a “winter” — it’s by far the warmest winter in the continental United States.
Therefore, you don’t need to worry about frost while sprouting weed seeds. Overall, the best time to germinate cannabis seeds in Florida is between April and May.
If you want nearly-year-round outdoor growing capabilities — autoflowering seed strains are the best options from seed banks!
If you grow marijuana indoors — you can germinate cannabis seeds any time.
Florida exhibits a humid subtropical climate, like here in Miami.
Issues to Consider When Growing Marijuana Seeds in Florida
Now, let’s talk about a few problems that can occur while growing cannabis seeds in Florida.
From the police to hurricanes — a lot can go wrong when you germinate your seeds to the day before harvest. Here’s a list of problems that you may experience while growing marijuana seeds in the Sunshine State:
As you can see — each of these issues can disrupt or destroy your weed crop. Below, you’ll find in-depth content on how to avoid each of these problems for a stress-free grow!
Considering it’s illegal to grow marijuana seeds at home in Florida — you don’t want to see the boys and girls in blue headed to your door.
Therefore, your cannabis garden needs to go incognito for the duration of the growing season. Let’s take a look at how to go dark while growing marijuana seeds and plants at home.
If you grow cannabis indoors, you’ll need a dedicated carbon filter. Carbon filters diffuse the smell of weed, which is essential to avoiding detection.
Additionally, growing cannabis seeds or plants in a grow tent is a must. Remember, grow tents mask your garden and prevent bright light and aroma from spilling out into your neighbors view.
If you grow marijuana outdoors — tall fencing is an absolute must. Remember, no one should be able to glance at your backyard and see a bunch of weed plants.
Furthermore, you can get creative with camouflage. Tomato plants look similar to cannabis from a distance — so always plant tomatoes around the perimeter of your weed garden.
Besides — who doesn’t like fresh tomatoes at the end of the growing season?
Thieves are another problem that you may experience while growing weed seeds and plants in Florida.
Unlike the police — thieves will rip you off without a warrant, so always tread carefully when telling someone you grow marijuana at home.
The best way to avoid thieves is by harnessing useful technology, such as security devices.
If you grow cannabis indoors — your best bet is to install high-quality security equipment throughout your home. From surveillance cameras to alarms — a thief won’t want to risk it once they see how protected your home is.
If you grow marijuana outdoors, you’ll need high fencing and motion-detecting lights. Furthermore, cameras looking at the garden is a tried-and-true deterrent.
Although Florida is known for its beautiful weather, beaches, and endless sunshine — you may run into some inclement weather.
That’s right, not everything is perfect in paradise, and you may soon experience the force of a hurricane. Therefore, you need to have a plan if a hurricane decides to barrel through Florida.
Additionally, Florida is hot and humid, which means you’ll need to buy tolerant cannabis seeds from online seed banks.
you need to have a plan if a hurricane decides to barrel through Florida.
Pests and Diseases
Considering Florida’s elevated humidity throughout the year — it’s clear that cannabis crops have a challenging time throughout the growing season.
However, there are a few battle-tested methods to avoid devastating outbreaks of mold or pests — let’s take a look.
First, it’s best to buy disease and pest-resistant seed strains from an online seed bank. By doing so, your cannabis crop will be less susceptible to pests and diseases.
Next, you should always apply organic pesticides or fungicides a few times during the vegetative stage. By doing so, you will prevent minor infestations from occurring.
Tips for Growing Cannabis Seeds in Florida
Now, let’s take a look at a few tried-and-true tips for growing cannabis seeds in Florida.
Buy Cannabis Seeds From a Reputable Online or Local Seed Bank in Florida
The best tip that you’ll ever read is to buy marijuana seeds from online seed banks.
Furthermore, you must buy cannabis seeds from trustworthy seed banks that deliver to Florida. By using online seed banks, you’ll feel like a kid in a candy store.
Online seed banks are the gateway to thousands upon thousands of verified seed strains. Whether you’re on the hunt for award winners or heavy-hitter seeds — you’ll find the seeds you’re after!
Buy Cannabis Seeds for Your Regional Climate in Florida
Another excellent idea is to buy marijuana seeds according to your local climate.
In other words, whether you live in Miami or Tampa, you should always buy cannabis seeds that are resistant to powdery mildew and bud rot.
Remember, Florida exhibits high humidity levels during the summer months, which makes disease-resistant seed strains a must-have.
Due to high humidity, you should always buy cannabis seeds that are resistant to powdery mildew and bud rot.
Plan Your Cannabis Garden in Advance
Last but not least is to plan your cannabis garden.
Even if your marijuana seeds from a seed bank arrive earlier than expected — don’t germinate them until the indoor or outdoor garden is set up. From trellises to grow light systems, ensure everything is ready for your incoming cannabis crop for the best results.
Which Marijuana Seed Store Is the Best Option For Residents in Florida?
Next, let’s look at two different types of seed banks and which is the best option for residents in Florida.
Local Cannabis Seed Stores in Florida
Considering cannabis cultivation is illegal in Florida — don’t expect to find weed seeds for sale while cruising through downtown Jacksonville.
Instead, residents in Florida have a better (and more convenient) option — online seed banks.
Online Cannabis Seed Banks That Ship to Florida
If you want to grow the best weed in Florida — you need to buy marijuana seeds from an online seed bank.
Our two favorite online seed banks that deliver to Florida are:
ILGM and MSNL Seed Bank offer thousands of top-shelf seed strains at affordable prices. Furthermore, ILGM and MSNL Seed Bank’s customer service offerings are through the roof.
Ultimately, ILGM and MSNL Seed Bank are two of the most trusted seed banks that ship ultra-fast to Florida.
Recommended Cannabis Seed Strains to Buy From Online Seed Banks and Grow In Florida
Without further ado — it’s time to discover this year’s top three seed strains to grow in the Sunshine State.
From endless layers of trichomes to mind-blowing effects — you’ll be shocked that weed could be this good once you harvest these astounding genetics.
Bruce Banner Feminized Seed Strain
If you’re ready to get dazed and confused — look no further than the Bruce Banner Feminized seed strain.
The Bruce Banner Feminized seed strain is one of the world’s strongest varieties that’ll knock you off your feet in a single puff. In other words, the Bruce Banner seed strain is the perfect tool for anyone looking for a one-hit-quit.
Although the Bruce Banner Feminized seed strain isn’t the easiest variety to grow — it’s well worth the experience once you harvest ounces of trichome-covered nugs.
Furthermore, the Bruce Banner Feminized seed strain flowers within 8-weeks. Whether you grow the Bruce Banner Feminized seed strain indoors or outdoors — you’ll have an easy-going experience.
Additionally, the Bruce Banner seed strain is mold resistant — making it perfect for cannabis cultivators in Florida.
From lip-smacking terpenes to stoned-to-the-bone potency — you’ll always reach for the jar that holds Bruce Banner weed.
Amnesia Fast Flowering Seed Strain
Amnesia Fast Flowering
Although sativas are notorious for lengthy flowering times — the Amnesia Fast Flowering seed strain transforms the game.
The Amnesia Fast Flowering seed strain flowers within 6-weeks, making it one of the quickest varieties in the industry. Furthermore, Amnesia’s award-winning qualities are locked in the Fast Flowering version, making it perfect for anyone who wants to experience its legendary traits.
From mind-racing thoughts to amped-up energy — the Amnesia Fast Flowering seed strain is the perfect option for thrill-seekers in Florida.
The best quality of the Amnesia Fast Flowering seed strain is its ease of growth. There’s nothing better than hassle-free growth — and the Amnesia Fast Flowering seed strain is exactly that.
From stellar yields to deliciously potent buds — the Amnesia Fast Flowering seed strain is a must-buy for this year’s grow!
Auto AK47 Seed Strain
When you need a heavy-hitter — look no further than the Auto AK47 seed strain.
The Auto AK47 seed strain is perfect for beginners and professionals alike. Whether you grow indoors or outdoors, the Auto AK47 seed strain rewards anyone who ventures to grow out her seeds.
In as little as 8-weeks post-germination, you’ll find ounces of trichome-packed buds that smell of diesel sweetness and sour fruit. Once you indulge, however, get ready for instant euphoria and hours of blissful relaxation.
The Auto AK47 seed strain can withstand an abundance of inclement weather — especially high heat and humidity. Therefore, the Auto AK47 seed strain is a clear winner for Florida growers.
The History of Cannabis in Florida
Now, let’s go over the history of cannabis in Florida.
When we talk about cannabis history — we’re specifically talking about marijuana in terms of the law. To understand why Florida’s current cannabis laws are the way they are — we must first dive into its past.
Cannabis Laws in Florida
From cannabis prohibition to medical marijuana and beyond — Florida’s history with cannabis is complicated.
Below, you’ll find all of the landmark moments that lead to cannabis reform.
Florida Bans Cannabis
Florida banned all forms of cannabis, including seeds for cultivation, in the 1930s after the landmark Victor Licata case in 1933.
Although we won’t go into the gruesome details, Victor Licata murdered his family during a bout of severe mental illness. However, authorities attributed his acts to cannabis.
Headlines across the state and the rest of the USA read that Victor Licata was under the influence of weed when he committed the murders. However, it was later disproved that Licata was high on cannabis.
Regardless, the push to ban cannabis began. Eventually, marijuana was banned in Florida based on the belief that it made people insane.
Florida banned all forms of cannabis, including seeds for cultivation, in the 1930s.
Florida Legalizes CBD Oil
In 2014, Florida relaxed its cannabis laws to allow the use of CBD oil.
SB 1030, also known as the Compassionate Medical Cannabis Act, was signed by the acting Governor into law. SB 1030 allowed patients to consume high CBD and low THC extracts from the Charlotte’s Web seed strain.
However, all patients must first qualify and receive permission from their physician.
Florida Attempts to Legalize Medical Marijuana
In 2014, cannabis advocates tried to get Amendment 2 on the ballot.
Amendment 2 was the name of the bill that would legalize medical marijuana in Florida. However, the measure did not gain the necessary support to be added to the ballot.
Florida Expands Medical Cannabis to Terminally Ill Patients
In 2016, the acting Governor signed The Right to Try Act into law.
The Right to Try Act allows terminally ill patients to consume cannabis products, such as concentrated oils.
Florida Legalizes Medical Marijuana
Finally, in 2016, Florida officially legalized medical marijuana.
Amendment 2 passed with flying colors and officially cemented itself as law in Florida. Overall, Amendment 2 allowed patients to obtain MMJ cards and purchase medical marijuana from licensed dispensaries.
However, Amendment 2 does not include the right to grow cannabis seeds at home.
In 2016, Florida officially legalized medical marijuana.
How to Obtain a Medical Marijuana Card in Florida
If you’re ready to indulge in medical marijuana — you must apply at Florida’s Department of Health Office of Medical Marijuana Use (OMMU).
Once complete, you’ll have access to high-quality cannabis products, such as flowers, concentrates, and edibles.
The Legality of Cannabis Seeds and Seed Banks in Florida
As we’ve discussed — it’s illegal to grow cannabis seeds in Florida.
Therefore, owning and operating a local seed bank in Florida is illegal. However, possessing cannabis seeds is not a crime. Once you germinate cannabis seeds, the live seeds become a criminal act. Therefore, it’s illegal to sprout marijuana seeds.
Remember, most online seed banks sell marijuana seeds as souvenirs for this exact reason. As long as your marijuana seeds remain in the ungerminated form — you shouldn’t have any issues with law enforcement.
However, we recommend that you stash your marijuana seeds in a safe location and keep them away from the police.