Florida

Medical Marijuana

Office of Medical Marijuana Use

Fla. Const. art. X § 29 (2017)

2016 Amendment 2
Use of Marijuana for Debilitating Medical Conditions
EFFECTIVE DATE: November 8, 2016

Fla. Stat. § 381.986 (2017)

2014 Act No. 157 PDF
Compassionate Medical Cannabis Act
EFFECTIVE DATE: June 16, 2014

Fla. Stat. § 381.987 (2017)

2014 Act No. 158 PDF
Compassionate Use Registry
EFFECTIVE DATE: June 16, 2014

Rules and Regulations

There are no limits on the number of plants a producer can grow in the text of the amendment. Limits will be determined by administrative rules. Current rules, Rule Chapter 64-4, do not specify any plant limit.

Assuming there will be no limit on the number of plants a producer can grow, here is the federal penalty for 1,000 or more plants:
$10/50 million — 10 years to life in prison — 21 U.S.C. § 841(b)(1)(A)(vii) (2016)

Federal Penalties

21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison

21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison

21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison

21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison

21 U.S.C. § 844

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,

except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L

except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

21 U.S.C. § 844a

(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.

(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.

(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.

Industrial Hemp

Fla. Stat. § 1004.4473 (2017)

  • Directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. Commercialization projects may be allowed after two years with certain conditions.
  • Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities.
  • Requires a university to submit a report within two years of establishing a pilot program.

2017 Act No. 124
Industrial Hemp
EFFECTIVE DATE: June 16, 2017

Marijuana Classification

Florida
Does Florida have scheduling criteria? Yes
Are Florida and federal criteria the same? Yes
Code citation of the schedules (see below)
Fla. Stat. § 893.03 (2017)
Is marijuana listed in a schedule? Yes
Is scheduling by statute or administrative rule? Administrative
Is there an administrative process? Yes
Code citation of the process (see below)
Fla. Stat. § 893.0355 (2017)
How many schedules are there? 5
What schedule is marijuana in? Schedule 1
Last method used to schedule marijuana? Legislative
When was marijuana included in this schedule? July 1, 1973

History

1973 Act No. 331 PDF
Florida Comprehensive Drug Abuse Prevention and Control Act
EFFECTIVE DATE: July 1, 1973

Page last updated on January 1, 2018