MEDICAL MARIJUANA FAQ IN FLORIDA

Frequently Asked Questions and answers from patients about medical marijuana in Florida.
Learn how to get a medical marijuana recommendation and cannabis card today.

Here are the most common questions asked by patients who want to know more about medical marijuana in Florida.

If you can’t find an answer to the question you’re looking for, please give us a call or email us, and we will help.

Qualified patients may legally purchase and possess non-smokable cannabis product not to exceed the number of milligrams recommended by a qualified physician.There is an ordering limit for a 35-day supply of marijuana in a form for smoking (marijuana flower). Each 35-day supply may not exceed 2.5 ounces. A physician certification may be for up to six 35-day supply limits. The limit on the amount a patient or caregiver may have in their possession is a total of 4 ounces.

No. In accordance with the Florida law, ONLY licensed and registered medical marijuana treatment centers (dispensaries) are  legally permitted to cultivate and dispense cannabis products. Violators will be subject to prosecution.

Yes, unfortunately. Some legal patients have been raided or arrested for illegal growing and/or  possession of excessive amounts of cannabis (more than could be legally prescribed by a physician). It is important to remember that a patient is only allowed to possess medical marijuana products purchased at a state licensed dispensary.  For smokable marijuana in Florida, the number of ounces for an individual patient may not exceed 2.5 ounces for a 35 day-supply. The limit on the amount a patient or caregiver may have in their possession is a total of 4 ounces.Marijuana use in public and vehicles in Florida is still considered illegal and subject to prosecution. For legal assistance contact Americans for Safe Access (www.safeaccessnow.org).

Under the U.S. Controlled Substances Act, possession of marijuana (any amounts) is a misdemeanor, any subsequent possession offense is a misdemeanor or felony, sale of paraphernalia is a felony,  and sale and/or 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 property, which includes but not limited to federal buildings and federal park or forest lands. A Florida (or any state issued) medical marijuana card is not a defense in federal court.

A qualified physician is a physician  who holds an active and unrestricted license under Chapter 458, Florida Statutes or an osteopathic physician under Chapter 459, Florida Statutes who have also successfully completed a 2-hour Florida Physician Medical Marijuana Course. Only a qualified physician may order medical marijuana marijuana products for a patient or a caregiver.

Click here for the list of Florida qualified physicians.

Qualifying Conditions:

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Post-traumatic stress disorder (PTSD)
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn’s disease
  • Parkinson’s disease
  • Multiple sclerosis (MS)
  • Medical conditions of the same kind or class as or comparable to the others listed.
  • A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.
  • Chronic nonmalignant pain 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.

Patients and caregivers are required to have a valid Florida Medical Marijuana ID card pursuant to Florida rule 64-4.011, F.A.C.

After a patient is registered in the Medical Marijuana Use Registry and approved, and the medical marijuana orders are entered into the system, a patient or caregiver (if applicable) may purchase recommended medical cannabis products at one of the licensed medical marijuana dispensaries.

Medical marijuana can be used within your home and other private locations. Medical marijuana in public places, including vehicles, is not allowed and may be subject to arrest and prosecution.

No, selling or otherwise distributing medical marijuana products is against the law. Violators will be subject to prosecution.

Marijuana is considered a medicine if a patient has a valid Florida Medical Marijuana Card and an active recommendation in the Medical Marijuana Use Registry. Therefore, patients currently in probation can still use medical cannabis products. It is important to keep probation officials informed about the use of any controlled medications.

Some employers will honor a valid Florida Medical Marijuana recommendation and will not penalize their employees. However, it is ultimately up to an individual employer since medical marijuana is not federally recognized. Marijuana use is never permitted on jobs with federal drug testing regulations.

Medical Marijuana Recommendation validity in Florida could range from 30 days up to 210 days as determined by a qualified physician. The State requires for all patients to have at least one follow-up visit with their qualified physician every 210 days; however, the State does not limit the the number of visits. The number of visits is determined by a qualified physician and based on individual circumstances.

The Medical Marijuana Registry ID Card is valid for 12 months.

No, Florida does not offer reciprocity.

The following states will accept an out-of-state medical marijuana recommendation:

Alaska, Hawaii, New Hampshire, Washington,
Arizona, Maine, Oklahoma, Washington DC,
Arkansas, Massachusetts, Oregon,
California, Michigan, Pennsylvania,
Colorado, Nevada, Rhode Island.

There is nothing in the State law against this. However, it’s important to know to always store your medical marijuana products as well as any medication secured and away from children. You can never share any controlled medications with anyone.

Cannabis Doctor holding pot