In Florida, medical cannabis is legal, but recreational cannabis is not. Several representatives have introduced bills to legalize cannabis use, but they have been met with opposition.
You can get medicinal seeds but you can’t grow them, it’s prohibited to grow marijuana unless you are licensed.
As a result, the penalties for possessing or selling the substance remain severe, with prison sentences even for minor offenses.
Florida Cannabis Legislation
Federal and state laws govern the United States. This article discusses marijuana laws in the state of Florida.
In Florida, is it legal to possess and use cannabis?
Cannabis possession and use are currently illegal in Florida. If caught in possession of 20 grams or less, the detainee faces up to a year in prison and a $1,000 fine.
If the amount of cannabis exceeds 20 grams, the offense is elevated to a felony, and the prison sentence is increased to up to five years (with a $5,000 fine).
However, attempts are being made to legalize cannabis for recreational use, as is the case in other US states. State representatives Carlos Guillermo Smith and Michael Grieco introduced legislation to legalize marijuana in 2019.
The legislation did not put the proposal to the vote or debate. His bill would allow adults over the age of 21 to “consume, possess, and transport” up to 2.5 ounces (71 grams) of cannabis and grow up to six plants.
A significant impediment to recreational cannabis legalization is the prohibition of citizen campaigns.
The bill, sponsored by Republican representatives, limits the impact of citizen petitions on constitutional amendments.
Given that four of the amendments involve changes to existing cannabis legislation, this is likely to become a major issue.
Governor Ron DeSantis signed this contentious bill into law in June 2019, and it went into effect immediately.
The move has been described as an “arrogant abuse of political power” by the South Florida Sun-Sentinel.
Can marijuana be sold in Florida?
Selling cannabis is also prohibited in Florida. If the detainee is caught attempting to sell 20 grams or less, the maximum jail sentence is one year, with a $1,000 fine.
Selling 25 pounds or less is a felony punishable by five years in prison and a $5,000 fine.
Anything greater than 25 pounds (708 grams) but less than 2,000 pounds (57 kilograms) is punishable by three to fifteen years in prison and a $25,000 fine.
Cannabis sales may be legalized if laws change. Regulating Florida requires the legalization of recreational cannabis and the establishment of a regulated industry in which You can sell the plant to the general public.
Can marijuana be grown in Florida?
Cannabis cultivation is illegal in Florida. If less than 25 plants are found, the maximum prison sentence is five years (with a $5,000 fine).
If the number of plants is between 25 and 300, the penalty is increased to a maximum of 15 years in prison and a $10,000 fine; and if the number of plants is between 300 and 2,000, the penalty changes again, from three to 15 years in prison and a $25,000 fine.
If the suspect is caught growing between 2,000 and 10,000 plants, the sentence ranges from seven to thirty years in prison, with a $50,000 fine.
Any cultivation within 1,000 feet (about 300 meters) of an educational establishment, park, or another area can result in a 15-year prison sentence and a $10,000 fine.
The law could change in the future, allowing Floridians to grow a limited number of plants in their homes for personal use only. However, the situation is currently in flux.
Is CBD legal in the state of Florida?
The use, purchase, and sale of CBD have been technically legal in Florida since Congress removed hemp from its list of illegal drugs. It must be sourced from a licensed grower and cannot contain more than trace levels of THC (the substance responsible for the ‘high’ or psychoactive effect).
In practice, the law is far more complicated. The Florida Department of Agriculture’s official position is that selling hemp or CBD is illegal. Still, Nikki Fried, the Commissioner of Agriculture, is currently working to bring state laws in line with federal law.
Meanwhile, despite the ambiguity of the situation, authorities have been turning a blind eye to CBD buyers and users. The few crackdowns that have occurred have targeted CBD retailers rather than buyers.
Despite the legal ambiguity surrounding CBD, sales have skyrocketed across the state. Sales increased by around 59 percent during the 2020 COVID-19 pandemic shutdown, with people reporting using it to treat depression and anxiety.
Can marijuana seeds be delivered to Florida?
Cannabis seeds are legal in Florida and can be purchased and sold freely. Rest assured, you can procure the best marijuana seeds in Florida from the Herbies seed bank.
The law is a little murkier, and there have been reports of seeds being held up at customs.
Florida Medical Cannabis
Although medical cannabis is still illegal at the federal level, the government legalized it in Florida in 2016.
Bill 182 was introduced in the Florida Senate in 2014 and passed by a vote of 36-3 to ensure that children with epilepsy had access to medical cannabis to treat their illness.
The Senate’s decision was based on the case of Charlotte, a young woman who used CBD oil to treat her epilepsy. In honor of this girl and the CBD-rich cannabis strain (“Charlotte’s Web”) that was also named after her, the bill was dubbed the “Charlotte’s Web Bill.”
Medical marijuana edibles are now available in dispensaries after being legalized in August 2020. According to current legislation:
- Edibles may not be brightly colored or resemble any commercial candy to reduce the appeal to children.
- They are not permitted to be decorated with chips, icing, or other embellishments.
- Food must be packaged appropriately and can take the form of pills, candies, baked goods, chocolates, or powdered drinks.
- THC levels in single servings should not exceed 10 mg, and multiple servings should not exceed 200 mg.
- Without a valid medical card, possessing marijuana-infused edibles is illegal.
Obtaining Medical Marijuana in Florida
Patients must meet the following requirements to obtain medical cannabis:
- Have a Medical Marijuana Use Registry identification card, allowing them to buy and possess medical cannabis
- Have one of the necessary diseases
- Be a state resident, either permanently or temporarily.
- Agree to keep medical cannabis in Florida; it is not legal to transport it across the border.
- Agree to consume it privately; public consumption is not permitted.
- Keep it out of reach of children, preferably in a locked box.
Identification card eligibility requirements
To be eligible for medicinal cannabis, a patient must first be diagnosed by a specialist doctor.
If the patient is under 18, the original diagnosis must be confirmed by a second physician.
When approved, the patient is added to the Medical Marijuana Use Registry (and their caregiver, if applicable). After that, You can obtain an identification card and receive cannabis products from an approved Medical Marijuana Treatment Center. Another option is to have the products delivered to your home.
Authorized diseases
In Florida, the following diseases and disorders have been approved for treatment with medical cannabis:
- Cancer\sEpilepsy
- AIDS HIV
- Multiple sclerosis and glaucoma
- Celiac disease
- Post-Traumatic Stress Disorder (PTSD)
- Amyotrophic Lateral Sclerosis (ALS)
- Any condition comparable to those listed above, as well as any terminal illness
- Chronic non-malignant pain
Florida industrial hemp
Under the Farm Bill, The government legalized industrial hemp at the federal level in 2018.
The Florida Senate unanimously passed a bill in 2019 that establishes a framework for regulating hemp cultivation in the state.
If passed, the bill directs the Florida Department of Agriculture to begin developing regulations for the state’s hemp industry, including standards for safety, licensing, and quality control.
An advisory council will also be formed, which will provide training to local communities and explain how hemp differs from cannabis.
Conclusion
If you are planning a trip to Florida (or already live there), you might be interested in knowing the following:
- Although the authorities are currently relaxed on CBD, they have tightened their grip on certain products. For example, in 2019, $33,000 in CBD edibles were seized because they resembled the jellybeans that children frequently eat.
- The Florida Board of Medicine approved the prescription of smoked medical cannabis in 2019.
- After crossing a Californian variety with the Hindu Kush from Amsterdam, the famous OG Kush variety was grown for the first time in Florida.
In Florida, there have been several attempts to legalize recreational cannabis use. None have been successful thus far, but experts believe it is only time before legislation is passed.
Disclaimer:
Qrius does not provide medical advice
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis products in India
CBD oil manufactured under a license issued by the Drugs and Cosmetics Act, 1940 can be legally used in India, for medicinal purposes, only with a prescription, subject to specific conditions. Kindly refer to the same here for the legalities of use in India
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