Is Marijuana Legal in Florida? What You Need to Know

Is medical marijuana legal in Florida? Today we’re answering this question and telling you everything you need to know about the legal status of medical cannabis when it comes to Florida law.

Is Marijuana Legal in Florida? What You Need to Know

As we have discussed here before, the laws on marijuana use vary from state to state while federal law still classify medical marijuana as an illegal substance. Today, however, we want to talk in a little more detail about marijuana laws that are specific to Florida.

Florida law considers “all parts of any Cannabis plant” to be marijuana; however, that marijuana is only considered to be “medical” if it’s dispensed from a certified medical marijuana treatment center and to a state-qualified patient.

Qualifying Conditions For Medical Marijuana Use in Florida

In Florida in order to use medical marijuana, you must be diagnosed with a qualifying condition. Qualifying conditions include:

  • ALS
  • Cancer
  • Crohn’s disease
  • Chronic nonmalignant pain*
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Multiple sclerosis
  • Parkinson’s disease
  • PTSD
  • Seizures
  • Terminal illness (patients diagnosed with no more than 12-months to live)
  • Other debilitating medical conditions comparable to those enumerated

*Defined as “pain that is either caused by or originating from a qualifying medical condition”

Once diagnosed with one of these conditions, you must be added to the medical marijuana database by a qualified medical marijuana doctor and apply for your medical marijuana card. Without being added to the database and having a medical marijuana card, you will not be able to obtain a legal prescription for medical marijuana. This means that even if you are using marijuana to ease symptoms of one of the conditions above, without these two things, you are breaking state law.

It is also worth noting that you must have an address in Florida in order to obtain a legal prescription in the state. An address can be proven with the following documents:

  • Copy of a house deed or lease agreement
  • Utility bill (no more than two months old)
  • State ID or driver’s license
  • Passport

It is also possible for seasonal residents of Florida with a temporary residency to qualify for medical cannabis use if they live for 31+ consecutive days in a temporary residence during the year.

Using Medical Marijuana in Florida

Although Florida has joined more progressive states in their acceptance of the use of medical marijuana, there are restrictions on when and where medical marijuana may be used by those licensed to use it.

  • On any form of public transportation *
  • In any public place *
  • In the patient’s place of employment (unless permitted by his or her employer)
  • In a state correctional institution
  • On the grounds of a preschool, primary school, or secondary school
  • On a school bus
  • In a vehicle
  • In an aircraft
  • On a motorboat *

Only low-THC cannabis use is permitted in categories followed by an asterisk (*)

Smokable Medical Marijuana Products

It used to be that the use of smokable medical marijuana was prohibited in the state of Florida, however, on March 18th, 2019, Governor Ron DeSantis signed Senate Bill 182 which repealed the former ban on smokeable products related to legal medical marijuana use.

You should remember, however, that having a prescription for vaping is NOT the same as a prescription for smokeable medical marijuana and the two are not interchangeable.

Caregiver Roles and Medical Marijuana Use

There are conditions that qualify for medical marijuana use that make filling a prescription very difficult. In these instances, caregivers are necessary. In Florida, a “caregiver” is a person who is at least twenty-one (21) years old and who has agreed to help with a qualifying medical marijuana patient’s use of marijuana. They must have also qualified for and obtained a caregiver identification card which will be issued by the Florida Department of Health.

For these caregivers, it’s worth noting that the Florida Department of Health may choose to limit the number of qualified medical marijuana patients that one caregiver may care for at a single time. They may also limit the number of caregivers that a single patient may have at one time.

Do You Have More Questions About the Legality of Medical Marijuana?

If you have questions about medical marijuana use or are pursuing medical marijuana treatment yourself and want to talk to a qualified and reputable doctor, Dr. Tirmal – the Medical Marijuana Doctor – can help! Use our easy online appointment tool to make your appointment today!