Last updated November 2025
With cannabis laws changing nationwide, many Florida residents assume THC edibles are now legal—especially with medical marijuana widely available.
But the truth is, you can still be arrested for possessing edibles in Florida, depending on the situation.
As a Fort Lauderdale criminal defense lawyer and former prosecutor, I’ve handled dozens of edible-related cases. The law isn’t always clear—and people are frequently charged even when they believed they were following the rules.
Here’s what you need to know before you pop that gummy.
⚖️ Florida’s Law on THC Edibles
Under Florida Statute § 381.986, only patients registered in the Medical Marijuana Use Registry (MMUR) and approved by a qualified physician may legally possess THC edibles.
If you don’t have a valid Florida medical marijuana card, edibles are treated as a Schedule I controlled substance—the same as raw cannabis under § 893.13.
You can be arrested for possessing edibles in Florida if:
You don’t have a valid medical marijuana card
The edibles weren’t purchased from a licensed dispensary
You possess more than your daily limit
The product contains Delta-9 THC from marijuana, not hemp
You’re on federal property, near a school, or crossing state lines
🌿 CBD, Delta-8, and Hemp-Derived Edibles
Hemp-based products exist in a legal gray area:
✅ CBD edibles with less than 0.3% Delta-9 THC are legal under both federal and Florida law.
⚠️ Delta-8 THC remains unregulated—not explicitly banned, but law enforcement may still arrest you if the product appears intoxicating, mislabeled, or non-compliant with packaging standards.
Don’t assume something bought online or at a gas station is legal. Many “hemp” edibles are misbranded and fail Florida’s labeling or potency rules.
🧪 What Happens After an Edibles Arrest
If you’re arrested, police usually send the product to a state lab to confirm THC concentration. That result determines:
Whether charges are filed
Whether it’s a misdemeanor or felony
Whether you qualify for diversion or dismissal
Under § 893.13:
Possession under 20 grams THC = misdemeanor
Over 20 grams THC = felony
High-weight edibles = possible trafficking (weight of the entire edible counts)
Convictions can also trigger a 6–12 month driver’s-license suspension, even if you weren’t driving.
✅ Quick Legal Summary
| Legal | Illegal / Risky |
|---|---|
| Medical edibles for MMUR patients | Possession without a card |
| Purchased from a licensed dispensary | Crossing state lines / federal property |
| CBD < 0.3% Δ9 THC products | Mislabelled Delta-8 / gas-station edibles |
⚖️ How We Defend Edibles Cases
At Michael White, P.A., we’ve helped clients avoid convictions by challenging:
Illegal searches and traffic stops
Faulty lab procedures or chain of custody
Unverified THC weight or potency
Lack of probable cause or inconsistent statements
An experienced drug crimes defense attorney can often suppress key evidence, negotiate reduced charges, or secure diversion to protect your record.
👉 Schedule a free consultation today.
❓ FAQs: Edibles and Florida Law
Are THC edibles legal in Florida?
Only for patients with a valid Florida medical marijuana card. Recreational edibles remain illegal and can lead to criminal charges.
Can I take edibles across state lines or onto federal property?
No. Federal law still prohibits marijuana, even for medical use. Carrying edibles across borders or onto federal land is illegal.
Can I claim I didn’t know the edibles were illegal?
You can raise a lack-of-knowledge defense, but prosecutors may still file charges if possession is proven. A defense attorney can challenge the State’s ability to prove intent and awareness.
Are CBD or Delta-8 edibles legal?
CBD edibles with less than 0.3% Delta-9 THC are generally legal. Delta-8 exists in a gray area, and arrests can still occur if products exceed limits or appear intoxicating.
What are the penalties for possessing edibles?
Under § 893.13, less than 20 grams THC = misdemeanor; more than 20 grams = felony. Large-weight products can trigger trafficking charges.
Can lab testing help get my charges dropped?
Yes. If the lab finds the THC content was under the legal threshold, your attorney can move to dismiss.
Will my license be suspended?
Yes. Any drug possession conviction in Florida carries a 6–12 month suspension, even if you weren’t driving.