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IS MARIJUANA LEGAL IN FLORIDA?

Summary:

  • Medical marijuana is legal in Florida, but adult-use marijuana isn’t.
  • Full-time and part-time Florida residents with qualifying conditions can get a Florida MMJ
  • You can have up to a 70-day supply of medical cannabis in any form in Florida.
  • Florida dispensaries don’t accept out-of-state cards.
  • You can’t grow your own cannabis legally in Florida, with or without a medical card.

Florida medical marijuana laws can get complicated, but qualified patients should remember that the law gives them the right to receive a Florida Medical Marijuana Card.

Is marijuana legal in Florida?

Medical marijuana was legalized in the state of Florida in 2018 with the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2 which was passed in 2016 and Dispensaries/Cards began in 2017. As of August 2, 2021, only medical use of marijuana is legalized in the state of Florida. [Source]

The Legal Definition Of “Medical Marijuana”

According to Florida cannabis laws, “medical marijuana” means any type of cannabis or marijuana that has been “authorized by a physician certification.”

Medical cannabis needs to be purchased from a medical marijuana treatment center or dispensary. “Marijuana” refers to any part of the cannabis plant, including leaves, seeds, resin and flowers.

Medical cannabis in Florida also includes compounds, salts, derivatives, mixtures or plant preparations that are provided through a medical marijuana treatment center. This can include capsules, concentrates, vape cartridges and edibles.

If you’re a medical marijuana patient in Florida and you buy legal medical cannabis from a dispensary and use it according to the law, you are using medical marijuana legally. [source]

Difference Between Medical Marijuana and Low-THC Cannabis In Florida

You may have heard about Low-THC cannabis. This type of cannabis has minimal THC, the compound that produces an intoxicating effect. It was legalized for medical purposes in Florida in 2014.

Low-THC Cannabis in Florida is defined as “cannabis whose dried flowers have no more than 0.8% THC (Tetrahydrocannabinol) and at least 10% CBD (Cannabidiol) by weight.”[source]

Is Medical Marijuana Legal in Florida?

Medical marijuana is legal for qualifying individuals in Florida who have eligible medical conditions as diagnosed by a qualified physician. Permanent or temporary Florida residents can qualify for a Florida medical marijuana card if they have qualifying medical conditions.

Cannabis Possession & Purchasing Limits

Purchasing

Qualified Florida medical marijuana patients may purchase up to a 70-day supply of medical cannabis products which means patients can only purchase up to 2.5oz in a 35-day period and can possess no more than 4oz of flower. They can’t buy marijuana flower over the 4-ounce medical marijuana possession limit. [source]

Possession

Qualified medical marijuana patients can possess up to a 70-day supply as determined by their qualified physician. However, they can’t have over 4 ounces of smokeable flower at one time.[source]

Reciprocity

Do Florida Dispensaries Accept Out-Of-State Medical Marijuana Cards?

No. Florida medical marijuana dispensaries don’t accept out-of-state medical marijuana cards. But there is a provision in the law that accommodates temporary Florida residents who live in the state for part of the year.[source]

Which States Accept Florida MMJ Cards?

A number of states allow possession to holders of an MMJ Florida card in various amounts. Below is the ist that Leafly provides in the below article is accurate on what states accepts FL cards.

  • Arizona
  • Arkanas
  • Hawaii
  • Maine
  • Michigan
  • Nevada
  • New Hamphire
  • New Mexico
  • Oklahoma
  • Puerto Rico
  • Rhode Island
  • Washington, DC

https://www.leafly.com/learn/legalization/medical-states

If you travel to one of the ten states where recreational marijuana is legal, you can possess and use medical marijuana legally there within state limits and regulations.[source]

Can Seasonal Residents Apply for a Card?

Seasonal residents are common in the Sunshine State. If you’re visiting for any reason, the answer is yes, you can apply for a FL medical marijuana card. Seasonal residents who live a minimum of 31 consecutive days in Florida and maintain a temporary Florida residence, are eligible to apply for a card.

For part-time Florida residents, note that the state started relying on the Florida Department of Highway Safety & Motor Vehicles drivers’ license and ID system in July 2021. You can still apply for a medical marijuana card after being approved by an authorized physician, but your process will take slightly longer than if you had a Florida drivers’ license or ID.[source]

Exporting & Traveling

You can’t purchase medical marijuana in Florida and travel with it across state lines. Exporting medical marijuana across state lines from Florida is a felony because federal law still prohibits cannabis use. Legal advisors say that the law is “cut and dried” because the federal law is clear.[source]

Can I have medical marijuana in my car?

Yes, but it must be in its original packaging and Patient Labels (every product has a patient label with name, doctor, dose and product name) from the dispensary. Medical marijuana may not be used in a vehicle and as we mentioned, federal law says it may not be transported across state lines.

Can I board a plane with medical marijuana from Florida?

The short answer is no. Don’t forget that transporting cannabis out of the state could result in federal criminal prosecution. Please always check state laws before traveling.

Medical Marijuana Driving Laws in Florida (DUI)

“Driving under the influence” of cannabis is treated the same under the law as a DUI caused by alcohol in Florida. Whether a driver is under the influence of medical cannabis will be determined by the officer’s evaluation of the driver’s Standardized Field Sobriety Test (SFST). According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), “driving under the influence of marijuana is always illegal.”

If the driver fails the SFST, a blood or urine sample will be taken to determine the presence of THC.

A first conviction for DUI (marijuana) can result in up to 6 months prison time and a fine of $500 to $1000.

In general, penalties for a marijuana DUI in Florida are the same as DUI (alcohol) with progressively severe punishment for subsequent convictions. The FLHSMV advises that convictions for driving under the influence of cannabis can stay on record for up to 75 years.

Where can I use marijuana products in Florida?

Medical marijuana patients in Florida can’t use cannabis in the following locations:

  • On the grounds of any preschool, primary or secondary school
  • In the workplace (unless permitted by the employee)
  • On a school bus
  • In public places
  • In a vehicle
  • In an aircraft
  • On a motorboat
  • In a Florida correctional institution

Boating is a favorite pastime in Florida, but it isn’t legal to use medical cannabis while driving a Florida boat. The laws regarding medical marijuana and operating a boat are the same as drinking and driving a boat.

Medical marijuana can be legally consumed by patients in private residences and on private property. [source]

Which Medical Cannabis Products Are Legal in Florida?

If you’re familiar with medical marijuana laws in certain states, you may have learned that some don’t allow people to smoke cannabis flower or any other type of smoked or vaped cannabis. However, that’s not the case in Florida.

Smoking cannabis is legal for qualified medical marijuana patients with FL medical cannabis cards.

Here are the types of medical marijuana products that are legal in Florida:

  • Flower/Smokable Cannabis
  • Concentrates and Oils
  • Tinctures
  • Capsules
  • Rubs/Ointments
  • Edibles

One thing to keep in mind about the types of legal medical marijuana in Florida: you can not use a THC product that was not from a licensed dispensary to have a legal edible”

We currently promote our “&Shine Trim for Baking” and also include recipe cards that explain how to make your own cannabutter.

Many other dispensaries promote making edibles out of their products in-store and on social. We have yet to hear that any of us are going about this incorrectly. The state law technically says you can’t make your own brownies or cannabutter at home.

Smoking Medical Cannabis

Although some states limit or prohibit medical marijuana smoking, Florida is no longer one of them. On March 18, 2019, Senate Bill 182 was filed allowing smokable forms of medical marijuana. Smoked cannabis uses pipes, rolling papers and other inhalation devices to ignite the dried flower and create smoke which is inhaled.

How Smoking Medical Marijuana in Florida Became Legal

Florida initially legalized low-THC cannabis in 2014. Then, the state expanded use for higher-THC levels of medical marijuana for terminally ill patients in 2016.

Floridians overwhelmingly passed a state Constitutional amendment in 2017 to allow medical marijuana for people with qualifying medical conditions. However, Florida’s governor at the time signed a law banning all smoking of marijuana, against the wishes of the majority of the state’s voters.

Also in 2017, Florida’s Senate Bill 8A, the Medical Use of Marijuana Act, was passed. The Act doesn’t specify limits on either THC or CBD content of cannabis and sets guidelines for its medical prescribing, medical marijuana cards, and dispensaries.

In March 2019, Florida governor Ron DeSantis signed the law completely legalizing medical marijuana use in the state, saying, “Over 70 percent of Florida voters approved medical marijuana in 2016.” Three years after Florida’s voters said they wanted legal cannabis for medical purposes, legislative and court challenges were overturned and medical marijuana use, including smoking of medical marijuana by patients in private homes, became fully legal in Florida.

Vaping Marijuana

Can I use a marijuana vape in Florida?

A vape or vaporizer is a device which heats a cannabis concentrate or oil just to the point that it releases the cannabinoids they contain as an inhalable vapor. This method has a very quick onset of beneficial effects: approximately 90 seconds. If you have a legal FL medical marijuana card and have been prescribed medical cannabis for a qualifying condition, you can use a THC vape. You must still obey all the other laws regarding the use of cannabis in public places, schools, cars and boats.

Public Smoking: Can I smoke medical cannabis in Florida in public?

No: smoking of medical marijuana is prohibited in public places.

Sources:

 

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