• The use of cannabis, including edibles, is legal in Florida for medical purposes.
• Recreational use remains illegal under the applicable law.
• However, hemp-derived Delta-9 THC is legal for both recreational and medical use, although with varying upper limit allowances on the product.

If you are unsure about the legal status of cannabis and its derivatives, don’t worry – everyone can get lost in the cluster of laws regarding the legality of different substances. That is why we decided to answer the most frequently asked questions about the legality of cannabis, edibles and Delta-9 in the state of Florida.

What are edibles? What is Delta-9?

“Edibles” is a term used for a variety of cannabis products that are taken through the digestive system, e.g. by eating or swallowing. They come in different forms – some of the examples include pills, chocolate and gummies. Edibles are becoming increasingly popular among cannabis enthusiasts from all across the world. The reasons are various – some prefer consuming the edibles for the taste, while others (especially people with respiratory issues and those sensitive to inhaling smoke) resort to using the cannabis products in the edible form as opposed to smoking, because it eliminates any risks for their lungs. After all, it helps that using edibles can be completely discreet!

Recent research shows that the percentage of individuals consuming cannabis and derived products is increasing, particularly among older adults, according to a University of Michigan study, with edibles and beverages ranking as the top method of consumption. Edibles have become more popular among younger adults as well, who tend to perceive them as one of the safest alternatives to smoking cannabis.

Delta-9 is the most common type of tetrahydrocannabinol (THC), an active ingredient of cannabis plants. A 2021 study shows that Delta-9 THC may help treat insomnia, anxiety, pain, nausea, and other medical conditions. That remains one of the main reasons why we are seeing an increase in THC users over the previous years.

Is cannabis legal in Florida?

Yes. Cannabis is legal in the state of Florida for medical use, according to Amendment 2 to the Florida Constitution. The new Article X, section 29 lists the criteria a person needs to fulfill to be subject to the right of possession. To possess cannabis legally, an individual must be registered as a patient diagnosed with one of the qualifying medical conditions, which include:

• Cancer
• Epilepsy
• Glaucoma
• HIV positivity and AIDS
• PTSD
• ALS
• Crohn’s disease
• Parkinson’s disease
• Multiple sclerosis

In addition to the listed conditions, a physician may prescribe cannabis to patients who are suffering from other problems similar to those listed above, if the provider deems it appropriate. Florida residents (both permanent and seasonal) are subject to acquiring the status needed for the lawful possession and purchase of cannabis. The allowed limit for possession is set at 4 ounces.

Nonetheless, cannabis remains illegal for recreational use in Florida. Possessing 20 grams or less of cannabis is considered a misdemeanor punishable by the maximum penalty of a one year imprisonment and up to $1000 fine, whereas possession of quantities larger than that is a felony with a maximum five year imprisonment and a fine up to $5000.

Legal status of edibles and Delta-9 in Florida

We’ve seen that cannabis is legal in the Citrus Capital, as long as it is intended for medical use. In Florida, Delta-9 THC can be legally used for recreational purposes as long as it is hemp-derived and the product doesn't surpass the 0.3% threshold. Patients who meet the criteria discussed in the previous segment are allowed to possess marijuana-derived Delta-9 products with the upper limit of 0.8% THC.

Edibles are legal in Florida for qualified patients, and the daily allowance is set to 60mg of THC. Florida edibles are subject to a maximum cap of 10mg of THC per serving.

It might be confusing to some whether hemp and marijuana are different plants. The answer to that is no, however, hemp and marijuana are legal terms that are used to refer to cannabis plants that contain less or more than 0.3% of THC. Under the Agricultural Improvement Bill of 2018 (commonly referred to as the Farm Bill), hemp is federally legal not only to possess, but also to grow, which means that the individuals in Florida can legally enjoy it. Marijuana remains federally illegal, with the laws varying from state to state. You can check whether your favorite cannabis compound is legal in Florida in our Cannabis Laws By State Guide.

Should we be optimistic?

As is usually the case in the Sunshine State, the future looks bright! Even though, last year, Amendment 3 failed to secure the sufficient majority required to make recreational use of cannabis legal for adults, there is a lot to be hopeful about! Smart and Safe Florida, an organization that was working on Amendment 3 is decisive about proposing a similar, but improved initiative in 2026.

If the initiative succeeds to secure a supermajority of 60% of votes, that would mean that cannabis becomes legal for personal use in Florida. With almost 56% of voters supporting the initiative in the previous referendum, we are seeing a growing number of adults of all ages become more open to consumption of cannabis, and the reduction of stigma around those who use it. For now, locals can consume cannabis products under 0.3% THC while being cautiously optimistic about the future of cannabis legislation in Florida.