Marijuana laws in Florida are strict. While many states have moved toward full legalization, Florida has continued to make recreational marijuana illegal, although medical marijuana is allowed under specific conditions.
The sections below discuss key Florida marijuana laws and what happens when a marijuana-impaired driver causes a car accident.
Marijuana Possession and Sale Remain Illegal in Florida
Florida has not legalized cannabis for non-medical use. Marijuana remains a Schedule I controlled substance under both federal and Florida law. Therefore, it is illegal to possess, sell, or cultivate marijuana without a state-issued medical authorization.
Common marijuana-related criminal charges in Florida include:
- Possession of marijuana
- Possession with intent to distribute
- Marijuana trafficking
- Cultivation of cannabis
Possession charges may be classified as misdemeanors or felonies.
Medical Marijuana Use in Florida
Florida legalized medical marijuana through the Compassionate Medical Cannabis Act and subsequent constitutional amendments. However, only individuals with a valid Medical Marijuana Use Registry (MMUR) identification card can legally obtain and use marijuana for medical purposes.
To qualify, a patient must be diagnosed with one of several approved medical conditions, including:
- Cancer
- Epilepsy
- Parkinson’s Disease
- ALS (Lou Gehrig’s Disease)
- PTSD
- Multiple Sclerosis
- Glaucoma
- HIV/AIDS
- Crohn’s Disease
- Chronic nonmalignant pain
- Terminal illnesses
Even with a valid MMUR card, there are strict limits on possession. Patients may only possess up to a 35-day supply of smokable marijuana or a 70-day supply of non-smokable forms. Home cultivation is still strictly prohibited.
Proposed Laws
In early 2026, lawmakers unanimously advanced a bill that would reduce the fee for military veterans to obtain a medical marijuana card, lowering the cost to $15 for honorably discharged veterans (down from the standard fee).
Other proposed reforms under consideration include:
- Expanding the medical marijuana program and supply limits
- Protecting the parental rights of patients who use medical cannabis legally
- Creating protections for doctors who recommend medical marijuana
- Potentially allowing home cultivation of cannabis for registered medical patients
These proposals haven’t become law yet, but they show an increasing desire for more expansive marijuana regulations in Florida.
Driving Under the Influence of Marijuana in Florida
Florida law makes it illegal to operate a motor vehicle while under the influence of marijuana, even for medical cardholders. A marijuana DUI (Driving Under the Influence of Drugs) is treated similarly to alcohol-related DUIs.
Importantly, marijuana DUIs not only lead to criminal penalties but can also trigger personal injury liability if the impaired driver causes a car accident.
Marijuana DUI and Personal Injury Claims
If you’ve been injured by a driver under the influence of marijuana in Florida, you may be entitled to compensation through a car accident lawsuit. However, proving a marijuana DUI alone is not enough; you must show that the driver caused the accident.
In some cases, negligence per se can help. If the driver violated Florida DUI laws, this doctrine presumes the individual was negligent in causing the accident.
Victims of marijuana DUI accidents in Florida can pursue damages from an impaired driver and their insurance company, including but not limited to:
- Medical expenses
- Lost income
- Rehabilitation costs
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
- Mental anguish
These damages are meant to address both the financial costs of the crash and the ways the injuries disrupt your day-to-day life.
Contact the Jacksonville DUI Accident Lawyers at Baggett Law Personal Injury Lawyers for Help Today
If you were injured in a marijuana-related car accident, you should consult a Jacksonville DUI accident lawyer for help understanding your rights and legal options. That’s where Baggett Law Personal Injury Lawyers can step in.
Our team can review your case and help you pursue the compensation you deserve. For more information, please contact the Jacksonville and Ponte Vedra car accident law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167