Is marijuana still illegal in Florida?
Recreational marijuana remains illegal in Florida, and the state has not decriminalized simple possession — a possession charge can still carry jail exposure.
The 2024 ballot amendment drew about 56% of the vote, short of the 60% Florida requires to amend its constitution. A follow-up initiative aimed at the 2026 ballot failed to qualify; the Department of State found the signature count insufficient and the related court challenge was dismissed. It is not on the November 2026 ballot.
What is legal: medical marijuana for qualified patients registered under Florida's program, and hemp products within the legal THC threshold.
That three-way split — illegal recreational, legal medical, legal hemp — is the source of most current litigation in this area, because the three are frequently indistinguishable by sight or smell.
The law here is moving. Anything you read from more than a year ago is worth double-checking. ---
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