Fort Myers, located in Lee County, operates under Florida’s state cannabis statutes, which create a tightly regulated environment. Medical cannabis is lawful for qualifying patients under specific conditions, while recreational use remains prohibited. We’ll review the current legal framework, its local application, and potential future changes affecting cannabis regulation in Fort Myers.
Overview of Current Legal Status
Recreational cannabis is illegal statewide in Florida. Possession of up to 20 grams constitutes a misdemeanor, punishable by up to one year in jail and a fine of $1,000. Possession exceeding 20 grams escalates to felony charges, with penalties increasing based on the quantity involved.
Medical cannabis became legal following the approval of Amendment 2 in 2016, which granted qualifying patients with debilitating medical conditions access to cannabis with a physician’s recommendation. The original statutory implementation prohibited smoking, but that restriction was overturned in 2018, and smoking was officially permitted in 2019. Edibles were added as an approved form of medical cannabis in 2020.
Local Provisions in Fort Myers
In Fort Myers, only licensed Medical Marijuana Treatment Centers (MMTCs) are authorized to cultivate, process, and dispense medical cannabis. Patients must register with the Office of Medical Marijuana Use (OMMU), pay a $75 application fee, and receive a state-issued medical cannabis card. Qualifying patients aged 18 or older—or caregivers acting on behalf of minors—may obtain up to a 70-day supply from an MMTC.
Dispensaries in Fort Myers must comply with stringent requirements, including employing staff over the age of 21, conducting laboratory testing, limiting product waste, and maintaining detailed dispensing records. Consumption is restricted to private residences and is prohibited in public places or on federal, state, or municipal property. Home cultivation of cannabis is not permitted for patients.
Penalties for Unauthorized Possession
Individuals without proper authorization who possess cannabis in Fort Myers face criminal charges that vary according to the amount. Possession of less than 20 grams is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Larger quantities can result in felony charges, with harsher penalties for possession near schools or other protected zones. Possession of cannabis paraphernalia is classified as a misdemeanor, carrying fines up to $1,000. Driving under the influence of cannabis is illegal and subject to DUI penalties, including fines, license suspension, and potential incarceration.
Recent Legislative Developments and Potential Changes
In mid-2025, Florida passed Senate Bill 2514, granting state regulators authority to suspend or revoke medical marijuana cards for patients facing drug-related charges, even if those patients had previously obtained cannabis legally. This measure has the potential to limit patient access in Fort Myers.
In November 2024, Amendment 3—proposing the legalization of recreational adult-use cannabis—was presented to voters. While it received 56% support, it fell short of the 60% supermajority required for passage.
During the 2025 legislative session, efforts to implement comprehensive regulations for Florida’s hemp industry were unsuccessful, leaving the sector without updated guidelines for the foreseeable future.
In Summary
Fort Myers functions within a legal environment that is both restrictive and structured. Medical cannabis remains available to qualifying patients under carefully managed conditions, while recreational use continues to be prohibited. Recent legislative changes, such as SB 2514, could further limit patient access, and ongoing debates over recreational legalization and hemp regulation suggest that the legal landscape may shift in the coming years. Residents and businesses in Fort Myers are advised to remain informed as state policy continues to evolve.