What Is Low THC in Florida? Rules, Limits, and Penalties

Low-THC cannabis in Florida is a category of medical cannabis defined by its chemistry: no more than 0.8% THC and more than 10% CBD by weight. It is designed to deliver therapeutic effects, particularly anti-inflammatory and anti-seizure benefits, without the intoxication of full-strength medical marijuana. Only patients with a qualifying diagnosis who hold a Medical Marijuana Use Registry identification card can legally buy or possess it, and it can only be purchased from a state-licensed Medical Marijuana Treatment Center.

The Legal Definition

Section 381.986 of the Florida Statutes sets the threshold. To qualify as low-THC cannabis, a product must contain 0.8% or less THC and more than 10% CBD by weight.1The Florida Legislature. Florida Statutes 381.986 – Medical Use of Marijuana Anything above that THC cap is regulated as full-strength medical marijuana, which is also available in Florida but under the same registry and card system. The CBD-dominant ratio is what defines the category and what gives it a milder psychoactive profile that some patients prefer.

The category traces back to the Compassionate Medical Cannabis Act of 2014, which first allowed physicians to order low-THC cannabis for patients with cancer or conditions producing chronic seizures or severe muscle spasms.2Florida Senate. Florida CS for CS for SB 1030 – Compassionate Medical Cannabis Act of 2014 The qualifying list has grown considerably since then. All cannabis in Florida remains medical-only; a 2024 ballot initiative to legalize recreational use received about 56% of the vote, below the 60% supermajority required to pass.

Who Qualifies

A patient needs a diagnosis of at least one qualifying condition to be certified for low-THC cannabis or full-strength medical marijuana:1The Florida Legislature. Florida Statutes 381.986 – Medical Use of Marijuana

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV or AIDS
  • Post-traumatic stress disorder (PTSD)
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn’s disease
  • Parkinson’s disease
  • Multiple sclerosis
  • Chronic nonmalignant pain
  • A terminal condition diagnosed by a physician other than the one issuing the certification
  • A medical condition of the same kind or class as those above

That last entry gives the certifying physician some latitude. Conditions like severe anxiety, fibromyalgia, and migraines sometimes qualify under the comparable-condition clause, but the doctor has to document why the condition resembles those on the statutory list.

How to Get Authorized

Not every doctor can certify you. Only physicians who hold an active, unrestricted Florida medical license and have completed the state’s two-hour training course can enter certifications in the Medical Marijuana Use Registry, and they must retake that course at each license renewal.3Office Of Medical Marijuana Use. Physicians

The certifying physician must examine you in person, conclude that the benefits of treatment outweigh the risks, and maintain an ongoing treatment relationship. Once the certification is entered, you apply through the Florida Department of Health for a Medical Marijuana Use Registry identification card. The card costs $75 per year and requires proof of Florida residency.4Office Of Medical Marijuana Use. Registry Identification Cards

Seasonal residents without a Florida driver’s license or state ID can still qualify by submitting two documents proving a Florida address: a utility bill, mortgage statement, lease, or mail from a government agency or financial institution all count.4Office Of Medical Marijuana Use. Registry Identification Cards

Minors and Caregivers

Patients under 18 need a second physician to independently agree with the order, with that concurrence documented in the medical record.3Office Of Medical Marijuana Use. Physicians If the recommendation is for a smokable form, the second physician must be a board-certified pediatrician, and smoking is only allowed for minors with a terminal condition.1The Florida Legislature. Florida Statutes 381.986 – Medical Use of Marijuana

A caregiver, usually a parent of a minor patient or a relative assisting an incapacitated adult, must register with the state, pass a background check, and hold a separate caregiver identification card before picking up products on the patient’s behalf.

Where You Buy It

All low-THC cannabis in Florida must come from a licensed Medical Marijuana Treatment Center. MMTCs are the only businesses authorized to grow, process, and sell medical cannabis in the state, and each one is vertically integrated across the whole supply chain.5Office of Medical Marijuana Use. Medical Marijuana Treatment Centers An MMTC must receive separate state authorization for cultivation, processing, and dispensing before it can hand you anything.

At the dispensary, you present your Registry card. Staff verify your status in the Registry in real time, complete the sale, and log it against your supply limits. Products come in child-resistant packaging with labels showing cannabinoid content.

Florida does not allow home cultivation, even for personal medical use. Growing cannabis without a license is treated as manufacturing a controlled substance, a third-degree felony carrying up to five years in prison and a $5,000 fine.6Florida Senate. Florida Statutes 775.082 – Penalties7Florida Senate. Florida Statutes 775.083 – Fines

Supply Limits and Product Forms

A physician’s certification cannot exceed a 210-day supply, divided into 70-day dispensing windows. You can obtain up to a 70-day supply within any rolling 70-day period. Smokable marijuana has a tighter cap: a 35-day supply within any 35-day period.8Legal Information Institute. Florida Administrative Code R 64ER22-8 The daily dose entered by your physician determines how much product fits inside those caps.

Allowed forms include oils, edibles, flower for smoking, and inhalation delivery devices. Edibles cannot exceed 200 milligrams of THC per package, with individual servings capped at 10 milligrams.1The Florida Legislature. Florida Statutes 381.986 – Medical Use of Marijuana Smoking has to be specifically authorized by your physician, who must document why other delivery methods were insufficient.

Where You Cannot Take It

A valid card does not open every door. Florida law prohibits possession and use on school grounds, school buses, and in correctional facilities. Federal property is also off-limits because cannabis remains a controlled substance under federal law. That includes airports, national parks, military bases, and federal courthouses.

Florida does not recognize medical marijuana cards from other states, and out-of-state visitors cannot purchase from Florida dispensaries.9Office Of Medical Marijuana Use. General FAQ Carrying your Florida low-THC product across state lines is a federal offense regardless of whether the destination state has a medical program; crossing the border turns it into interstate drug trafficking under federal law.

Air travel is the usual trap. The TSA follows federal law, so medical marijuana is not permitted through security. Hemp-derived CBD with 0.3% or less THC is federally legal under the 2018 Farm Bill and can be carried on flights, but anything above that threshold is treated as a controlled substance. Flying with low-THC cannabis that exceeds the 0.3% hemp threshold risks law enforcement being called.

The Firearms Conflict

This one surprises patients. Federal law prohibits anyone who is an “unlawful user of” a controlled substance from possessing firearms or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because marijuana is still federally controlled, Florida medical patients hit a legal wall when buying or possessing guns.

Florida state law does not bar firearm ownership based on patient status alone. The problem is ATF Form 4473, which every licensed dealer requires. The form asks whether you are an unlawful user of marijuana. Saying yes blocks the purchase; saying no while actively using medical cannabis can be charged as a federal offense carrying up to five years in prison. Recent Eleventh Circuit rulings have signaled the restriction may be changing, but as of early 2026 the ATF’s position has not formally shifted. Patients whose cards have expired and who have stopped using cannabis are generally eligible to purchase under federal law.

Employment Is Still Unsettled

Florida’s medical marijuana statute does not include a general prohibition against workplace drug testing or employer discipline for cannabis use. The law here is moving.

In December 2024, a Florida circuit court held that the Florida Civil Rights Act requires employers to at least consider reasonable accommodations for off-duty medical marijuana use. The case involved a county employee placed on unpaid leave after a random drug test despite holding a valid card and showing no evidence of on-the-job impairment. The court distinguished on-site use, which employers do not have to accommodate, from off-duty use, which they may. That ruling is on appeal.

In the meantime, many Florida employers still enforce zero-tolerance policies. If your job involves safety-sensitive duties, federal contracts, or Department of Transportation regulations, medical cannabis use can cost you the position regardless of your card.

Penalties for Stepping Outside the Rules

Possessing 20 grams or less of cannabis without a valid Registry card is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.11The Florida Legislature. Florida Statutes 893.13 – Prohibited Acts; Penalties6Florida Senate. Florida Statutes 775.082 – Penalties A conviction also triggers a six-month driver’s license suspension under a separate statute, longer if the court orders drug treatment.12The Florida Legislature. Florida Statutes 322.055 – Revocation or Suspension; Drug Conviction More than 20 grams escalates the charge.

Selling or distributing cannabis without an MMTC license is a third-degree felony under Section 893.13, carrying up to five years in prison and a $5,000 fine.1The Florida Legislature. Florida Statutes 381.986 – Medical Use of Marijuana7Florida Senate. Florida Statutes 775.083 – Fines Selling counterfeit products falsely labeled as coming from a licensed MMTC falls under the same felony classification.

Physicians who improperly certify patients or fail to maintain accurate records face discipline from the Board of Medicine, including suspension or loss of license. Under the original 2014 Act, a physician who orders low-THC cannabis without a reasonable belief the patient qualifies commits a first-degree misdemeanor.2Florida Senate. Florida CS for CS for SB 1030 – Compassionate Medical Cannabis Act of 2014 MMTCs that violate dispensing rules risk fines, license revocation, and closure by the Department of Health.