With cannabis laws changing across the country, many Florida residents assume THC edibles are now legal—especially with medical marijuana widely available. But the truth is, being caught with edibles can still get you arrested in Florida, depending on your circumstances.
As a criminal defense lawyer and former Florida prosecutor, I’ve handled dozens of edible-related cases. The law isn’t always clear—and police often arrest people who thought they were following the rules.
Here’s what you need to know before you pop that gummy.
⚖️ Are Edibles Legal in Florida?
✅ Yes—but only for qualified medical marijuana patients.
Under Florida law, only patients registered in the Medical Marijuana Use Registry (MMUR) and approved by a qualified physician can legally possess THC edibles.
🔍 If you don’t have a valid medical marijuana card, edibles are treated as a Schedule I controlled substance—just like raw cannabis.
🚫 Arrested for Edibles? Here’s Why
You can still be arrested for possessing edibles in Florida if:
You don’t have a valid medical marijuana card
The edibles are not purchased from a licensed dispensary
You possess more than your legal daily limit
The edibles contain Delta-9 THC from marijuana, not hemp
You’re in a school zone, federal property, or crossing state lines
🌿 What About Delta-8 or CBD Edibles?
Hemp-derived products like CBD and Delta-8 THC exist in a legal gray area.
CBD edibles with <0.3% delta-9 thc are generally legal under federal and florida law
Delta-8 THC is not explicitly banned in Florida—but law enforcement may still arrest you if the product seems intoxicating or improperly labeled
⚠️ Don’t assume something bought online or at a gas station is safe. Many “legal” edibles are mislabeled or noncompliant.
🧪 Prosecutors Test the Product
If you’re arrested with edibles, law enforcement often sends the product to a lab to confirm THC content. That result may determine:
Whether charges are filed
What level of felony or misdemeanor applies
Whether you’re eligible for pretrial diversion
💥 Charges and Penalties
If you’re caught with non-medical edibles, you may face:
Possession of a controlled substance (Fla. Stat. § 893.13)
Felony charges if over 20 grams of THC
Mandatory minimums if classified as trafficking (based on weight of the entire edible)
Driver’s license suspension, even if you weren’t in a vehicle
Disqualification for record sealing or expungement
👨⚖️ Fort Lauderdale Drug Defense for Edible-Related Arrests
At Michael White, P.A., we’ve helped clients avoid convictions for marijuana edibles by challenging:
Chain of custody and lab procedures
Whether THC content met felony thresholds
Lack of probable cause or inconsistent statements
🔍 More Answers About THC Edible Laws in Florida
❓ Are THC gummies legal in Florida?
Only for registered medical marijuana patients. Recreational THC gummies are still illegal in Florida.
❓ Can I travel with edibles if I have a medical card?
Not across state lines or on federal property. That’s still a crime under federal law.
❓ What if I didn’t know the edibles contained THC?
Lack of knowledge may be a defense—but prosecutors may still charge you based on possession alone.
❓ Can I be charged for Delta-8 or CBD gummies?
Yes, if the product is improperly labeled or contains enough Delta-9 THC to be classified as marijuana.
❓ What’s the penalty for edible possession without a card?
Depending on the weight, it may be a misdemeanor—or a felony with prison time and license suspension.
❓Can I get my case dismissed if the THC was below the limit?
Possibly. If lab results show the edible didn’t exceed legal thresholds, your attorney may file a motion to dismiss based on lack of controlled substance.
❓Will I lose my license if I'm caught with edibles?
Yes. Even if you weren’t driving, Florida law requires a 6–12 month driver’s license suspension for drug possession convictions.