While medical marijuana is legal under specific conditions, recreational use remains prohibited in Tampa Bay. Understanding these regulations is essential to ensure compliance and avoid legal trouble.
Medical Marijuana: Legal with Restrictions
Florida legalized medical marijuana in 2016 through a voter-approved amendment, allowing patients with qualifying conditions to obtain cannabis for therapeutic use. Qualifying conditions include cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, chronic nonmalignant pain, and terminal illnesses.
To legally purchase and possess medical marijuana in Tampa Bay, patients must first be certified by a qualified physician and then receive a Medical Marijuana Use Registry (MMUR) ID card issued by the Florida Department of Health. Once registered, they may purchase products from licensed Medical Marijuana Treatment Centers (MMTCs) operating within the state.
Patients may purchase up to 2.5 ounces of smokable cannabis every 35 days and possess no more than 4 ounces at any given time. For non-smokable forms like edibles, oils, and topicals, a 70-day supply limit applies. Importantly, Florida does not allow patients or caregivers to cultivate cannabis at home, and all use must take place in private residences.
Recreational Use: Still Illegal
Despite increased public support for recreational cannabis, Florida has not yet legalized adult-use marijuana. In 2024, a ballot initiative to legalize recreational use fell short of the required 60% voter approval. As a result, recreational possession and use of cannabis remain criminal offenses statewide.
Possession of 20 grams or less of cannabis is considered a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possession of more than 20 grams is treated as a felony, carrying prison sentences that can range from five to 30 years depending on the quantity. Possession of cannabis concentrates is automatically classified as a third-degree felony under Florida law, regardless of the amount. Additional penalties apply for possession within 1,000 feet of a school, park, or other designated areas.
Local Decriminalization Efforts
In 2016, the City of Tampa passed a local ordinance to decriminalize possession of small amounts of cannabis. Under this ordinance, individuals caught with 20 grams or less of marijuana may receive a civil citation instead of being arrested. Fines start at $75 for a first offense and increase with subsequent violations.
However, this ordinance only applies within the city limits and does not override state law. Law enforcement agencies such as the Hillsborough County Sheriff’s Office or Florida Highway Patrol may still enforce state penalties, even within Tampa’s jurisdiction.
Driving Under the Influence
Driving under the influence of cannabis is strictly prohibited in Florida. Penalties are similar to those for alcohol-related DUIs and may include license suspension, heavy fines, and jail time. Law enforcement may conduct field sobriety tests and request chemical samples if impairment is suspected.
Federal Law Still Applies
Despite Florida’s medical marijuana program, cannabis remains a Schedule I controlled substance under federal law. This means that possession, use, or distribution of cannabis on federal property or across state lines remains illegal. Medical marijuana patients may also be restricted from owning firearms or receiving certain federal benefits.
In Summary
Navigating cannabis laws in Tampa Bay requires awareness of both state and local regulations. While medical cannabis is accessible to qualifying patients, recreational use remains prohibited, and penalties for unauthorized possession can be severe. Staying informed is the best way to remain compliant and avoid legal issues.