Florida Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Florida. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALFlorida allows hemp-derived CBD products under the Florida Department of Agriculture and Consumer Services Hemp Program (Fla. Stat. § 581.217). Products must contain less than 0.3% THC and comply with state testing and labeling requirements.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% THC.
Sale
Sale is permitted with compliance to state licensing and testing requirements.
Penalties
N/A
Age Restriction
None
Delta-8 THC
RESTRICTEDFlorida law (Florida Statutes § 893.03) classifies Delta-8 THC as a Schedule I controlled substance if synthetically derived. The Florida Department of Agriculture and Consumer Services regulates hemp products, but Delta-8 produced via chemical conversion is banned. Only hemp-derived cannabinoids with less than 0.3% Delta-9 THC and not synthetically altered are legal.
Possession
Illegal if synthetically derived; legal if naturally derived and compliant with hemp laws.
Retail Sale
Sale of synthetic Delta-8 is prohibited.
Penalties
Possession or sale of synthetic Delta-8 can lead to felony charges.
Age Restriction
21+ for hemp products; Delta-8 generally restricted.
Delta-9 THC Edibles
RESTRICTEDHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal with restrictions in Florida under the 2018 Farm Bill. New rules that took effect in mid-2025 impose strict packaging and labeling requirements on hemp-derived products.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in Florida, with no state laws banning or regulating it. It is not listed as a controlled substance under Florida Statutes. Some local jurisdictions may have restrictions, but none statewide.
Possession
Legal to possess kratom.
Sale
Legal to sell and purchase kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are classified as Schedule I controlled substances under Florida Statutes § 893.03. Possession, sale, or manufacture is illegal and subject to criminal penalties.
Possession
Illegal; possession is a criminal offense.
Distribution
Illegal; sale or distribution is a felony.
Penalties
Penalties include imprisonment and fines under Florida Statutes § 893.13.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is not legal in Florida, but medical marijuana is available with a qualifying condition and state-issued card. No significant legislative changes since 2023.
Personal Possession
Medical only with state card. Recreational possession under 20 grams is a first-degree misdemeanor (up to 1 year jail, $1,000 fine). Over 20 grams is a third-degree felony.
Retail Purchase
Illegal for recreational purposes. Medical marijuana is available through licensed dispensaries under Amendment 2. Recreational sale is a felony.
Penalties
Under 20 grams: misdemeanor, up to 1 year, $1,000 fine. Over 20 grams: felony, up to 5 years, $5,000 fine. Over 25 lbs: mandatory minimum 3 years.
Age Restriction
18+ with medical card, 21+ in some programs
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Florida. Florida enforces its ban on Salvia, and it is treated as a controlled substance.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Florida. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Florida.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A