For those in Fort Myers, as throughout the State of Florida, marijuana remains illegal for recreational use under current state law. Despite efforts in recent years to legalize adult-use cannabis through ballot initiatives, recreational marijuana possession and use continue to be prohibited and subject to criminal penalties.

Recreational Possession: Strict Prohibitions and Penalties

Under Florida law, recreational marijuana possession is unlawful for all individuals, regardless of age. Possessing any amount of cannabis without qualifying under the medical program can result in criminal charges.

For amounts under 20 grams, possession is classified as a first-degree misdemeanor. A conviction may carry penalties of up to one year in county jail, fines of up to $1,000, and potential suspension of driving privileges. Possession of more than 20 grams of marijuana is treated more severely and is generally charged as a felony offense, which can result in longer prison sentences and significantly higher fines.

Florida law also treats THC concentrates and certain cannabis derivatives differently from flower. Even small quantities of concentrates, such as vape cartridges or extracts, may be prosecuted as felony possession under the state’s controlled substances statutes. This distinction often surprises consumers who assume all cannabis products are treated equally under the law.

Medical Marijuana: Legal Possession With Conditions

Medical marijuana possession is legal in Fort Myers for qualified patients who are enrolled in Florida’s medical marijuana program and hold a valid Medical Marijuana Use Registry identification card. The program is regulated by the Florida Department of Health’s Office of Medical Marijuana Use.

Certified patients may legally purchase, possess, and use cannabis products only as authorized by a licensed physician. Possession limits are determined by physician recommendation and state-mandated caps. For example, patients may possess up to 2.5 ounces of smokable cannabis within a rolling 35-day period, along with defined daily and aggregate THC limits for non-smokable forms such as edibles, tinctures, and oils. Exceeding these limits may result in enforcement action, even for registered patients.

Conditions on Use and Public Consumption

Legal possession does not grant unrestricted use. Florida law prohibits marijuana consumption in public spaces, including sidewalks, parks, beaches, and vehicles. Medical cannabis use is limited to private residences or other non-public locations where consumption is permitted.

Medical marijuana must be purchased from a state-licensed dispensary and kept in its original, approved packaging. Sharing, gifting, or transferring medical marijuana to another individual, including another registered patient, is illegal under Florida law.

Key Takeaways for Fort Myers Consumers

For residents and visitors in Fort Myers, understanding what constitutes legal marijuana possession is critical:

• Recreational marijuana remains illegal, with criminal penalties for unauthorized possession.
• Medical marijuana is legal only for registered patients who comply with possession and use limits.
• Public consumption and unauthorized transfer of cannabis are prohibited.

As cannabis laws continue to evolve statewide, consumers are encouraged to stay informed and ensure they remain in compliance with current Florida regulations.