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Is Medical Marijuana Legal In Florida?
Yes, currently medical marijuana is legal in Florida for qualifying residents. As of 2016, Florida voters helped get Amendment 2 passed which established a medical marijuana program in the state. While cannabis is legal for qualifying medical patients it’s important to note cannabis remains illegal recreationally for now.
Also depending on where in Florida you live some laws remain fairly strict for cannabis possession and use. This post will cover the ins and outs of medical marijuana cards in Florida so that you can help get proper medical care and access to medical cannabis if you qualify. This post also gives you some insight into the full picture of the law, including potential recreational legalization so you can stay on the right side of the law.
Before we get into how to get your medical marijuana card let’s quickly review the main laws you need to know about Florida’s medical marijuana card and any changes for 2024. It’s important to understand medical marijuana law as subtle changes can either legalize or criminalize certain practices and it’s also vital for patients to stay abreast of their rights.
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Florida Medical Marijuanas Laws In 2024
One of the most interesting developments of Florida cannabis law in 2024 is there’s a law on the ballot to legalize recreational cannabis. Amendment 3 would fully legalize cannabis for adults 21 and over.
Possession of up to 3 ounces of cannabis would become legal and this would also open up legal sales of cannabis and establish an entire legal cannabis business. Voting for Amendment 3 will take place with early voting beginning Monday, October 21, 2024 and voting ending on election day November 5, 2024. It’s important to note that this does not instantly greenlight cannabis sales.
This law would allow the Florida government to allow licenses for businesses to establish legal recreational dispensaries. Currently residents can only purchase cannabis from medical marijuana treatment centers or MMTCs often called dispensaries.
There is a high potential recreational cannabis could get legalized. Recreational cannabis sales can be a huge boon to the local economy as states often establish taxes on cannabis and it creates a whole new industry in the state.
Additionally, Florida has followed in the same footsteps as other states like New York and California that have fully legalized cannabis. It began in 2014 when Senate Bill 1030 a.k.a. The “Compassionate Medical Cannabis Act” which legalized the prescription of low-THC cannabis to patients. This is often how states dip their toes in the water.
This law created the infrastructure for a medical marijuana program including establishing the Office of Medical Marijuana Use (OMMU), outlined who could cultivate and dispense the low-THC cannabis, and how it could be prescribed.
Another major milestone in marijuana legalization is decriminalization. While not quite legalized, major cities in a state will often decriminalize cannabis possession. This is to avoid a lot of needless prosecution. Rather than facing felony charges or jail time for cannabis use or possession, an offender might simply get a ticket or even a warning.
In 2015, Miami-Dade County, Broward County, Palm Beach County, Miami Beach, Hallandale Beach, Key West, and West Palm Beach all passed decriminalization ordinances. In 2016, Tampa, Orlando, Volusia County, Osceola County, Alachua County, and Port Richey followed suit and in 2019, Cocoa Beach and Sarasota also established decriminalization efforts.
It’s important to note that marijuana possession outside these cities could still mean heavy fines or jail time. That is, unless Amendment 3 passes.
In 2015, House Bill 307 was drafted and signed into law in 2016 and expanded on the laws governing the testing of cannabis, and regulation of delivery services. In 2016, Florida Medical Marijuana Legalization, Amendment 2 passed which expanded medical marijuana from low-THC cannabis to full THC strength medical cannabis for qualified patients.
Smoking cannabis remained illegal and cannabis could only be consumed as edibles or by vaping, oils, sprays, or pills until 2019. SB 182 allowed for the smoking of cannabis products and cleared up some of the language and liability for delivery services and redefined the term “medical use.”
Time will tell if recreational cannabis will be legalized. Even if it does, again infrastructure changes and bureaucracy can mean it could take months to even years before legal sales open. If you’re in need of medical marijuana you may want to get your card. Additionally, there can also be added benefits for medical card holders such as lower taxes including increased accessibility.
If you’re curious for more information on the Florida cannabis law check out this post.
What are the requirements for getting your medical marijuana card in Florida?
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Florida Medical Marijuana Card Requirements:
In order to qualify for your medical marijuana card in Florida you must be a seasonal or permanent resident of Florida. This means submitting a photo, proof of address, and your $75 dollar medical marijuana card fee.
Additionally, you must have a qualifying condition to be able to obtain a medical marijuana prescription.
What Qualifies For Medical Marijuana In FL?
The laws of medical marijuana govern that only certain medical conditions qualify for medical marijuana as a treatment. This list of changes can be amended to add new conditions so if your condition is not listed you may be eligible under a related condition or a doctor can petition on your behalf. More information is available on the OMMU website.
Currently, the conditions for medical marijuana in Florida include:
- 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.
It’s important to note that some conditions not listed could qualify as “Medical conditions of the same kind or class as or comparable to the others listed.” For example, anxiety or depression could potentially qualify as similar to PTSD. It’s best to discuss this with your doctor during your appointment. It’s important to find the right doctor who understands these laws and can help you get the
How To Apply For A Medical Marijuana Card In Florida
Applying for your medical marijuana card in FL with Green Health Docs is super simple.
1. Contact Green Health Docs
You can contact a doctor by phone call or text at 240-356-1000 or by filling out the form on our FL MMJ Card Page.
2. Meet With A Doctor
In person visits are required for your initial visit and telehealth visits are available for renewals. If approved, our provider will enter you into the Florida Medical Marijuana Use Registry within 24 hours.
3. Register with the Florida Medical Marijuana Use Registry
Within 24-48 hours of your appointment, you’ll receive an email from the state to login to the registry and apply for your Registry ID card.
Applications typically take up to 2 weeks to be approved. Upon approval, a physical ID card will be mailed to you within about 10-14 business days. Once you receive your ID you can purchase medical marijuana from your local dispensary.
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Florida Medical Marijuana Card FAQs
Here are some quick answers to common questions regarding your Florida medical marijuana card.
Who Can Prescribe Medical Marijuanas In Florida?
Only qualified physicians who have been registered with Florida’s state Medical Marijuana Use registry may prescribe cannabis. Doctors must complete training and an examination by the Florida Medical Association and the Florida Osteopathic Medical Association. Green Heath Docs has doctors on call ready with available appointments to get you started.
How To Renew A Medical Marijuana Card In FL?
While you must complete your initial visit in person you can easily renew your medical marijuana card via a telehealth visit. Green Health Docs can pair you with a doctor who can schedule an appointment and get your visit and recommendation potentially the same day. For more information or to get started check out the FL medical marijuana card renewal page.
What Are The Florida Medical Marijuanas Card Limits?
There are limits to how much cannabis you can be prescribed. A physician may not issue a certification for more than 70-day supply of cannabis products or a 35-day supply of smokable cannabis flower. The full list of limitations by item are available here.
Can You Fly With Medical Marijuanas In Florida?
While medical marijuana can be legal, it remains federally illegal. This means you cannot fly to or from Florida with your medical marijuana. Additionally, transporting cannabis is considered a serious crime and if you are caught you could potentially major legal issues.
Final Thoughts
While recreational legalization in Florida may be on the horizon, it currently only remains available to medical marijuana patients. Additionally, there’s no clear timetable for when recreational cannabis will be available. If you have a medical condition where you think cannabis may be the answer or may want to try it as a form of treatment it may be best to get that done quickly.
Green Health Docs can make that process seamless and can get you in front of a Florida approved doctor potentially even the same day, not to mention, help you be ready for a seamless renewal.
This article has been reviewed by Dr. Anand Dugar, an anesthesiologist, pain medicine physician and the founder of Green Health Docs. Graduating from medical school in 2004 and residency in 2008, Dr. Dugar has been a licensed physician for almost 20 years and has been leading the push for medical cannabis nationwide.