Is Weed Legal in Lee County, Florida, or an Offence?

Is Weed Legal in Lee County, Florida
  • August 3, 2023
  • By Richard
  • Florida
  • 0

Is Weed Legal in Lee County, Florida, or an Offence?

As an attorney experienced in navigating complex legal frameworks, I believe it is essential for the residents of Lee County to be aware of the laws pertaining to the possession and cultivation of weed. 

With the cannabis industry undergoing significant transformations in recent years, it is natural for residents and visitors alike to seek clarity on what activities related to cannabis are permissible and which may lead to legal consequences.

So, without further ado let’s talk about the scope of the legalization of Cannabis in Lee County.

Is Weed Legal in Lee County for Recreational Use?

Recreational marijuana is illegal in Lee County. However, the Lee State Attorney’s Office policy does not prosecute possession charges when the amount is small.

On the other hand, medical marijuana is legal throughout Florida as well as Lee County but you need a prescription from a licensed practitioner to obtain it.

Under Florida law, possession, sale, and use of marijuana for non-medical purposes are considered strictly illegal and subject to criminal penalties.

Possession of small amounts of marijuana (up to 20 grams) is generally treated as a misdemeanor offense, which can result in fines, probation, and potential jail time. Larger quantities or repeated offenses can lead to more severe penalties.

What are some examples of recreational weed?

Recreational marijuana refers to the use of cannabis for non-medical purposes, primarily for personal enjoyment or relaxation. Unlike medical marijuana, which is prescribed by a licensed physician to treat specific medical conditions, recreational marijuana is not subject to the same restrictions and is used without medical justification.

Recreational marijuana typically includes the use of cannabis products for purposes such as:

  • Smoking: The most common method of consuming recreational marijuana is by smoking it in the form of joints, blunts, or using pipes or bongs.
  • Edibles: These are food items infused with cannabis extracts, such as cookies, brownies, gummies, and beverages. Edibles can provide a more discreet way of consuming marijuana.
  • Vaping: Vaporizers or vape pens are used to inhale cannabis extracts, providing a less harsh alternative to smoking.
  • Topicals: Cannabis-infused creams, lotions, and balms that are applied directly to the skin for localized relief without the psychoactive effects.
  • Concentrates: Highly potent cannabis extracts, such as wax, shatter, or oils, which are consumed through vaping or dabbing.

Recreational marijuana use is sought by individuals for its psychoactive effects, including feelings of euphoria, relaxation, increased sensory perception, and altered time perception.

However, it is important to acknowledge that recreational marijuana, like any substance, can also have potential risks and adverse effects, especially when used excessively or by certain vulnerable populations.

Is Medical Weed Legal in Lee, Florida?

Yes, medical weed is legal in Lee County and the state of Florida. In 2016, Florida voters approved Amendment 2, which allowed for the use of medical marijuana by individuals with qualifying medical conditions. This constitutional amendment expanded the previously limited medical cannabis program in the state.

Under Florida’s medical marijuana program, patients with certain qualifying conditions can obtain a recommendation from a licensed physician to use medical marijuana. Qualifying conditions may include but are not limited to chronic pain, cancer, epilepsy, multiple sclerosis, Crohn’s disease, and post-traumatic stress disorder (PTSD).

Once approved by a qualified physician, patients can apply for a Medical Marijuana Use Registry identification card through the Florida Department of Health. This card allows them to purchase medical marijuana from licensed dispensaries in Lee County and across the state.

It is important to note that while medical marijuana is legal in Florida, there are strict regulations and guidelines governing its use and possession. The Florida Department of Health oversees the state’s medical marijuana program and sets forth rules regarding the cultivation, distribution, and use of medical cannabis.

Is Delta-8 Legal in Lee County?

Delta-8 THC is currently legal in Lee County, Florida, as long as it is derived from hemp and contains up to 0.3% THC.

Delta-8 THC was first legalized in Florida in 2019 Senate Bill 1020 was passed, which defined “hemp” in line with the 2018 federal Farm Bill

However, it is essential to be aware of a new law that took effect on July 1, 2023, which stipulates that individuals must be 21 years or older to purchase or possess Delta-8 THC products in the county.

It is important to exercise caution when purchasing Delta-8 THC products and ensure they comply with the legal requirements regarding THC content and sourcing from hemp. If the Delta-8 product is derived from high-THC varieties of marijuana, it becomes illegal at both the state and federal levels, regardless of the local regulations.

While Delta-8 THC remains legal in Florida, some federal agencies and elected officials have raised concerns about its use, emphasizing the importance of informed consumption.

What are the Consequences of Using Recreational Weed in Lee County?

In Lee, Florida, the penalties for recreational marijuana use, possession, and distribution are strictly enforced, reflecting the state’s stance on drug offenses. If caught using marijuana for recreational purposes, the penalties vary based on the amount in possession.

For possession of less than 20 grams of marijuana, the maximum punishment includes a fine of up to $1000 and a potential prison sentence of up to one year. If the possession exceeds 20 grams and goes up to 25 pounds, the penalty becomes more severe, with a potential sentence of up to 5 years in prison and fines of up to $5000.

Moreover, if individuals are found growing marijuana plants, whether for personal use or sale, it is considered a felony offense in Florida, regardless of whether it is a first offense. 

Cultivation penalties are as follows:

  • For up to 25 plants, individuals may face a third-degree felony charge, with incarceration of up to 5 years and fines of up to $5000.
  • If caught with 25 or more plants, it becomes a second-degree felony, with imprisonment of up to 15 years and fines reaching up to $10,000.
  • Possession of 300 plants or more carries even harsher mandatory minimum penalties, with more substantial fines and significantly longer jail times.

When it comes to selling marijuana, the consequences are more severe. If caught with more than 25 pounds of marijuana, individuals will face drug trafficking charges, leading to a first-degree felony. The penalties escalate as follows:

  • For quantities ranging from 25 pounds to less than 2,000 pounds (or 300-2000 plants), the penalties include a first-degree felony, a $25,000 fine, and a mandatory minimum imprisonment of 3 years.
  • If caught with quantities ranging from 2,000 pounds to less than 10,000 pounds (or 2,000-10,000 plants), it remains a first-degree felony, with a $50,000 fine and mandatory minimum imprisonment of 7 years.
  • For quantities exceeding 10,000 pounds or plants, the mandatory minimum fine increases to $200,000, and individuals may face up to 15 years in prison.

These strict penalties reflect Florida’s commitment to combatting drug-related offenses, emphasizing the need for individuals to be aware of the legal consequences associated with recreational marijuana activities in Lee County. It is crucial for residents and visitors alike to adhere to the state’s laws and regulations to avoid serious legal repercussions.

Key Takeaway

As an attorney well-versed in the legal landscape of Lee County, it is evident that the issue of marijuana legality is a complex and evolving matter.

To wrap up, medical marijuana has been decriminalized and is available to qualified patients in the county. However, recreational use remains illegal under both state and federal law. It is crucial to stay abreast of any recent legislative changes and judicial rulings that may impact the legality of marijuana in this jurisdiction.

As with any legal matter, individuals should seek professional advice and adhere to the current laws and regulations to avoid potential legal consequences. If there have been any updates beyond my last knowledge cutoff, I recommend consulting with a knowledgeable attorney to ensure compliance with the latest developments in the ever-changing legal landscape


Hey, I am Richard, a professional lawyer specializing in DUI cases and charges related to possession of marijuana. I have extensive knowledge and experience in these areas, helping me earn a recognition and respect within the legal community. I am also an advocate for drug law reform and actively engages in community outreach and education.

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