Florida

Cannabis policy is on the agenda in the 2025 legislative session

Florida’s 2025 legislative session is underway and legislators have a plethora of cannabis policy legislation to consider. Traditionally, the legislature has been hesitant to expand access to medical cannabis and to reduce harsh penalties for cannabis. However, in November a solid majority of voters cast their ballots for cannabis legalization — though it was shy of the supermajority needed for passage. This is a perfect time to call on lawmakers to heed the will of their constituents and improve cannabis laws.

Several cannabis policy reform bills have been introduced, including medical cannabis expansions, cannabis-related expungement, and adult-use legalization.

Medical cannabis expansion bills filed

Lawmakers have sponsored several pieces of legislation to improve the medical cannabis program. Opponents of the legalization amendment criticized it for not including home cultivation. Now lawmakers have a chance to address that issue. Sen. Joe Gruters’ S0564 would allow medical patients to grow up to two cannabis plants.

Sen. Gruters (R) also sponsored S0552, which would improve the medical program in many ways, including:

allowing doctors to use telemedicine for cannabis recommendations
allowing patients currently being prescribed opiates to utilize the program
allowing a recommendation to be good for two years
waiving fees for honorably-discharged veterans
increasing product allotment for patients
allowing for reciprocity for certain visiting patients

You can let your legislators know you support this legislation here.

Meanwhile, S0146 / H0993would protect parents who are medical cannabis patients from being charged for child neglect or endangerment based solely on the status and responsible use of medical cannabis.

S0142 / H0083would provide employment protections for public sector workers who are medical cannabis patients. Law enforcement officers would not be granted these protections, but firefighters and EMS workers would be covered. Because cannabis is federally illegal, the Americans with Disabilities Act does not protect medical cannabis patients’ employment rights. Most medical cannabis states have enacted state law protections to fill the gap.

Expungement has become an issue for the legislature in 2025

An issue raised during the ballot initiative campaign in 2024, but not addressed due to the single-subject rule, was expungement of cannabis records. Cannabis prohibition has burdened tens of thousands of Floridians with a criminal record. Criminal records stymie them from economic opportunity, housing, educational loans, and professional licensing. This makes expungement an economic and professional development issue as much as a criminal justice issue.

S 1026 would expunge charges for possession of two ounces or less of cannabis. It would also require the Department of Law Enforcement to notify those eligible for expungement without charging a fee.

Meanwhile, S1028 provides a comprehensive framework for the handling of cannabis expungements, citing that the records of past convictions become confidential, to ultimately no longer affect the individual’s life.

Let your legislators know you support expungement for cannabis possession charges.

Legalization bills submitted, initiative planned for 2026 for if it fails

On November 5, 2024, 55.9% of Florida voters approved a state constitutional amendment to legalize cannabis — Amendment 3. This fell short of the 60% that was required for passage, but it shows most Floridians support legalizing cannabis for adults. The legislature should tackle legalization itself and create legislation that deals with concerns they have.

Legislators have submitted H0555 , H1501, S1032, and S1390, each of which would establish a framework for legalization of adult-use cannabis. As the legislative session continues, the opportunity is there for further legislation to be submitted.

Let your legislators know you support ending cannabis prohibition!

If legislators fail to act, voters may get another say in 2026. Smart and Safe Florida, the organization behind the Amendment 3 campaign, has begun the process to try to bring the question back to the voters in 2026. Their new language addresses the concerns the 2024 measure received, such as its lack of a prohibition on public smoking.

Current cannabis laws in Florida

Florida is one of only 19 states that continues to impose jail time for simple possession of cannabis.

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.

The Miami New Times reported that 42,153 people were arrested for misdemeanor cannabis possession in Florida in 2017.

Partial data reported to the FBI’s Uniform Crime Reports in 2023 suggests the numbers have decreased, but that there are still thousands of Floridians arrested each year for cannabis possession.

In the interim of those two data years, hemp flower had become available all over the state of Florida, which may have had an effect on the number of arrests. There is, however, very little regulation of these hemp products. An attempt to ban these products was vetoed by Gov. Ron DeSantis in 2024. The legislature is considering multiple bills to limit access and/or regulate consumable hemp products in the 2025 session.

Florida’s Medical Cannabis Law

On November 8, 2016, 72% of Florida voters approved Amendment 2, legalizing medical cannabis for patients with a qualifying condition and a certification from a Florida doctor.

To qualify, a patient must be a permanent or seasonal resident of Florida, be entered into the medical marijuana use registry, and obtain a medical marijuana ID card. You can learn more about the requirements to become a patient here. Patients can purchase marijuana from registered marijuana dispensaries, called Medical Marijuana Treatment Centers (MMTCs). Click here to search for an MMTC near you.

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