FREQUENTLY ASKED QUESTIONS

Here are the most common questions asked by patients who want to know more about medical marijuana in Florida. If you don’t find the answer to the question you’re interested in, please give us a call or email us, we will help.

HOW MUCH CAN I POSSESS OR GROW?

WHAT OFFENSES ARE COVERED?

WHO MAY CULTIVATE ?

CAN I STILL BE ARRESTED OR RAIDED?

Yes, unfortunately. Many legal patients have been raided or arrested for having dubious recommendations, for growing amounts that police deem excessive, on account of neighbors’ complaints, etc. Once patients have been charged, it is up to the courts to pass judgment on their medical claim.

In some cases, police raid patients and take their medicine without filing criminal charges. In order to reclaim their medicine, patients must then file a court suit on their own. For legal assistance in filing suit for lost medicine, contact Americans for Safe Access (www.safeaccessnow.org).

CAN I BE CHARGED FEDERALLY?

Under the U.S. Controlled Substances Act, possession of any marijuana is a misdemeanor and cultivation is a felony. A Supreme Court ruling,Gonzalez v Raich (June 2005), rejected a constitutional challenge by two patients who argued that their personal medical use cultivation should be exempt from federal law because it did not affect interstate commerce. Despite this, federal officials have stated that they will not go after individual patients.

Medical marijuana patients are not protected while on federal park land or forest land in Florida. CalNORML has received reports of campers and those driving through federal land who are searched, charged with federal possession statutes, and had their medicine confiscated. A Florida medical recommendation is not a defense in federal court to these charges.

WHO QUALIFIES AS A PHYSICIAN?

WHAT ILLNESSES ARE COVERED?

SHOULD I GET AN I.D. CARD?

Patients are not required to get an ID card to enjoy the protection of Prop.. All that is needed is a physician’s statement saying that marijuana is “approved” or “recommended.” However, some police refuse to recognize recommendations and arrest patients anyway unless they have a valid ID card, or one that can be validated. Patients and caregivers can obtain state ID cards through the health departments of the county where they live. Unfortunately, two counties still have not implemented ID cards. The state ID card system has safeguards to protect patient privacy. Police cannot track down patients through the registry. No patient has ever been harassed on account of getting a card.

WHERE CAN I GET MEDICAL MARIJUANA?

WHERE CAM MARIJUANA BE SMOKED?

Prop. bars marijuana smoking in no smoking zones, within 1000 feet of a school or youth center except in private residences; on school buses, in a motor vehicle that is being operated, or while operating a boat. Patients are advised to be discreet or consume oral preparations in public.

WHERE CAN I GROW MEDICINE?

CAN I SELL MY EXCESS MEDICINE?

HOW CAN I START A COLLECTIVE?

CAN PRISONERS AND PROBATIONERS USE MEDICAL MARIJUANA?

CAN PATIENTS BE DRUG TESTED AT WORK?

Some employers will excuse patients if they present a valid Medical Marijuana recommendation. Others won’t. Marijuana use is never permitted in jobs with federal drug testing regulations, such as the transportation industry.

WHEN ARE RECOMMENDATIONS VALID?

Medical Marijuana recommendation is valid so long as the doctor says it is. However, Prop. requires ID cards to be renewed in timely manner, and many police refuse to recognize recommendations that are older than a year or so. Courts have ruled that patients must have a valid approval at the time of their arrest, though this can have been oral.

WHAT ABOUT OUT-OF-STATERS?

Out-of-state recommendations are not recognized in Florida, though they are in Arizona, Michigan, Montana, Rhode Island. While Prop. arguably applies to anyone with a recommendation from a Florida physician, most physicians refuse to recommend to out-of-staters.

CAN I GROW OR USE MEDICAL MARIJUANA WITH CHILDREN IN THE HOUSE?

There is nothing in state law against this. However it’s advised to keep your medical marijuana away from children. Make sure that you don’t leave edibles around where kids can get them, and keep gardens away from where they play

Health Blog & News

Arteriosclerosis treatment with Medical Marijuana

Medical Marijuana and Atherosclerosis Treatment

  You may have read or heard the word “arteriosclerosis,” which is a general term for a narrowing of the blood vessels and a resulting impairment of blood flow. The word arteriosclerosis refers to a condition that arises when the…
Emotional Support Animal Certifications in MiamiMangoClinic
,

5 Tips Flying with Your Emotional Support Animal

You are allowed to fly with your ESA, all airlines have policies which must be strictly followed before your animal can come on board: however, the rules on flying with ESAs can be confusing and complicated.
Emotional Support Animal for PTSD
,

Emotional Support Animals and PTSD

Emotional Support Animals, or ESAs, are animals that are used to provide comfort, companionship, and support to those who suffer from mental or emotional distress.