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Orlando, FL Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Recreational status
Illegal in Florida
Medical law
FL §381.986
Public use
Always illegal
Amendment 3 (2024)
Failed

Summary

Florida has not legalized recreational marijuana. Public consumption remains a state criminal offense even for medical-cannabis cardholders, who must use only in private. Orlando OPD enforces possession and public-use violations citywide.

Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low-THC cannabis not in a form for smoking. b. In any public place, except for low-THC cannabis not in a form for smoking. c. In a qualified patient's place of employment, except when permitted by his or her employer. d. In a state correctional institution... e. On the grounds of a preschool, primary school, or secondary school... f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis not in a form for smoking.

Source: FL Statute §381.986View official code

Full Breakdown

Florida law does not permit recreational marijuana use. Amendment 3 (recreational legalization) failed at the November 2024 ballot, falling short of the required 60% supermajority. Medical marijuana is legal under Florida Statute §381.986 for qualified patients with state-issued cards through registered Medical Marijuana Treatment Centers. Even medical patients are barred from smoking cannabis in any public place. Orlando OPD enforces both possession violations and public-consumption offenses. Possession of under 20 grams remains a misdemeanor; larger amounts are felonies. Driving under the influence of cannabis is prosecuted under Florida DUI law.

Violations & Fines

Public marijuana consumption, possession without a medical card, or driving under the influence triggers misdemeanor or felony charges, fines, license suspension, and potential jail time.

Frequently Asked Questions

Is recreational marijuana legal in Orlando?
No. Florida Amendment 3 failed in November 2024, leaving recreational use illegal. Possession remains a misdemeanor or felony depending on quantity and intent.
Can medical patients smoke in public?
No. Florida medical-cannabis law prohibits public consumption even for cardholders. Use must occur in private residences or other non-public locations.

Sources & Official References

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