Florida Cannabis Laws

Is cannabis legal in Florida?

Only medical cannabis is legal in Florida.

What are the medical marijuana laws in Florida?

Medical cannabis:

2014

Gov. Rick Scott signed into law Senate Bill 1030 – the “Compassionate Medical Cannabis Act” – to allow the use of low-THC, high-CBD cannabis oil produced from the strain of cannabis known as Charlotte’s Web.

2014

Florida Amendment 2 is proposed, but the initiative fails.

2016

House Bill 307 was signed into law by Gov. Scott on March 25, 2016, to expand the state’s ‘Right to Try Act’ to allow terminally ill patients to use cannabis.

Florida Medical Marijuana Legalization, Amendment 2 (2016)

• Under Amendment 2, a patient can access medical cannabis if a physician determines that the benefits of the drug would likely outweigh the potential health risks.
• Florida regulations did not allow for smoking the medication; instead the product could be consumed as edibles or by vaping, oils, sprays, or pills.

2018

The ban on smoking herbal cannabis is deemed unconstitutional.

2019

The ban on smoking cannabis is lifted.

Recreational cannabis:

Recreational cannabis is not legal in Florida. There was a legalization initiative proposed for 2022, but this was struck down due to “misleading language”.

What medical conditions qualify for a Medical Marijuana Card in Florida?

The Florida law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Amyotrophic Lateral Sclerosis (ALS) aka Lou Gehrig’s Disease
• Cancer
• Chronic Pain (Nonmalignant) caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
• Crohn’s Disease
• Epilepsy
• Glaucoma
• Multiple Sclerosis (MS)
• Parkinson’s Disease (PD)
• Post-Traumatic Stress Disorder (PTSD)
• Terminal Condition that is diagnosed by a physician other than the qualified physician issuing the physician certification
• Medical conditions of the same kind or class as or comparable to those above

How do I get certified for medical cannabis in Florida?

At this time, Leafwell cannot certify patients online in Florida. However, we hope to reopen soon, and this will be the process:

1. Book an appointment with a certified physician. This initial consultation fee is $125 for an examination.
2. Attend your medical cannabis evaluation appointment and get a medical cannabis certificate
3. Speak to your physician, bringing with you all necessary documentation (ID, proof of address, medical records).
4. Submit your new or renewal application on the State website as soon as 40 days before expiration. The easiest way to apply for your Florida medical marijuana card is online.

• Log into the Florida Department of Health’s Office of Medical Marijuana Use (OMMU) website.
• The payment will take 5 days from submission to be fully processed. The application review period may take up to 5 business days. Expect the application review process from start to end to take 10 business days in total.
• Patients must renew their physician’s medical marijuana certificate every 30 weeks. The renewal process must take place at least 40 days (preferably 45 days) before the patient’s initial medical marijuana recommendation runs out.
• Patients must enroll on the Florida Compassionate Use Registry after successfully applying for their MMJ card.

Is telemedicine allowed for medical cannabis consultations in Florida?

At this time, telemedicine is not permitted in Florida. However, residents of certain states affected by Hurricane Ian can utilize telehealth to get a medical marijuana card for a limited time.

Until November 30, 2022, residents in the following counties can utilize Leafwell’s following services in the following counties:

• Charlotte
• Collier
• DeSoto
• Flagler
• Hardee
• Hendry
• Highlands
• Hillsborough
• Lake
• Lee
• Manatee
• Orange
• Osceola
• Pinellas
• Polk
• Putnam
• St. Johns
• Sarasota
• Seminole
• Volusia

Residents in other counties are not eligible.

How much cannabis can I possess in Florida with an MMJ Card?

For medical card holders = 4 oz. at any given time.

No possession limit for non-medical users, as recreational cannabis is not legal in FL.

Is it legal to grow cannabis in Florida?

It is illegal to grow cannabis in Florida, even if you have a valid medical marijuana card.

Does Florida accept out-of-state cards?

Florida does not recognize medical marijuana cards from other states, and does not have reciprocity.

Will my Florida card be accepted in other states?

Yes, a medical marijuana card from Florida is recognized by some other states with a medical marijuana program and reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• US Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Florida?

Medical marijuana use prohibits you from obtaining a weapons permit in Florida, as the federal government considers medical marijuana to be a controlled substance, which is against federal law.

What are the medical cannabis product testing requirements in Florida?

Florida has operational third-party cannabis testing labs, but testing for toxins and contaminants in medical marijuana products remains entirely voluntary. There are no state regulations requiring specific tests, although products are now required to display their THC and CBD results.

Where is it safe to purchase cannabis in Florida?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Florida?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.