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Florida

1. Overview of Cannabis and Hemp Laws

Cannabis:

  • Recreational Use: Recreational cannabis remains illegal in Florida, and possession of any amount is a criminal offense. However, some localities have decriminalized possession of small personal quantities.
  • Medical Use: Medical cannabis was legalized in 2016 under Amendment 2, permitting registered patients with qualifying conditions to purchase cannabis from licensed Medical Marijuana Treatment Centers (MMTCs)​.

Hemp Intoxicants and Synthetic THC:
Florida regulates hemp intoxicants, such as delta-8 THC, under a Hemp-Specific Framework, requiring compliance with state standards for labeling, testing, and distribution​.

2. Historical Context

  • 2014: The Compassionate Medical Cannabis Act was enacted, allowing low-THC, high-CBD cannabis for specific conditions.
  • 2016: Amendment 2 established Florida’s comprehensive medical cannabis program, including a broader range of qualifying conditions and higher THC limits.
  • 2019: Senate Bill 1020 created Florida’s hemp program, regulating hemp-derived products like delta-8 THC​.

3. Recreational Cannabis Laws

  • Possession Limits: Recreational cannabis possession is illegal. Penalties vary based on the amount, potentially including fines and jail time.
  • Cultivation: Home cultivation is prohibited for both recreational and medical cannabis under Florida law.
  • Public Use: Cannabis consumption in public spaces is prohibited statewide.
  • Sale and Retail: Only licensed MMTCs are authorized to sell medical cannabis to qualified patients. Recreational cannabis sales remain illegal​.

4. Medical Cannabis Laws

  • Patient Eligibility: Qualifying conditions include cancer, epilepsy, glaucoma, PTSD, HIV/AIDS, chronic pain, and other severe ailments. Physicians can also recommend cannabis for conditions considered “of the same kind or class” as those specified.
  • Product Access: Medical cannabis is available in various forms, such as oils, capsules, and vaporized products, through licensed MMTCs. Smoking cannabis flower is allowed if prescribed by a certified physician.
  • Program Details: Patients must register with the Office of Medical Marijuana Use (OMMU) and obtain a medical marijuana ID card. Purchase limits are set based on each patient’s prescribed needs​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Florida permits the sale of hemp-derived intoxicants, such as delta-8 THC, under specific regulations. These products must meet state testing, labeling, and distribution standards.
  • Testing and Labeling Requirements: Florida requires comprehensive testing for potency, contaminants, and labeling. Labels must display ingredients, potency, and disclaimers noting that products are not FDA-approved.
  • Age and Retail Restrictions: Sales of hemp intoxicants are restricted to individuals 21 and older, with licensed retailers following specific requirements for product placement and advertising​.

6. Criminal Penalties for Cannabis Offenses

  • Possession:
    • Under 20 grams: Classified as a misdemeanor, punishable by up to one year in jail and a $1,000 fine.
    • Over 20 grams: Considered a felony, carrying penalties of up to five years in prison and a $5,000 fine.
  • Sale and Distribution: Unlicensed sales are felonies, with enhanced penalties for transactions near schools, parks, and other specified areas.
  • Trafficking and Cultivation: Unauthorized cultivation or large-scale possession is treated as trafficking, with penalties based on plant count or weight and potential mandatory minimum sentences for substantial amounts​.

7. Social Equity Programs

  • Eligibility Criteria: Florida currently does not have a formal social equity program for cannabis or hemp businesses.
  • Licensing Benefits: There are no preferential licensing options or fee reductions for social equity applicants under Florida’s medical cannabis or hemp programs.
  • Additional Support: The state does not provide specific support services or financial assistance for communities affected by past cannabis prohibitions​.

8. Business Types and Operations

  • Licensing Types: Florida licenses MMTCs, which handle the cultivation, processing, and sale of medical cannabis due to the state’s vertical integration requirement.

Regulatory Requirements: MMTCs must comply with strict regulations for security, reporting, and product testing, all overseen by the Office of Medical Marijuana Use (OMMU) to ensure adherence to Florida’s cannabis laws​.

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