Florida Marijuana Laws
Updated on Monday May 2, 2022
Reviewed By Stephanie Bagnall, J.D. on April 7, 2022
In November 2016, Florida passed Amendment 2, or the Use of Marijuana for Debilitating Medical Conditions ballot, allowing medical marijuana to be cultivated and dispensed to qualified patients.
The ballot was created to ensure safe access and availability of medical cannabis to qualifying patients with debilitating conditions. Florida is the first state in the south to adopt proactive measures towards cannabis. Medical Marijuana Treatment Centers are currently open to qualified medical patients and caregivers. Check out our comprehensive dispensary directory here.
Qualifying Patients
People seeking to be able to purchase medical marijuana in the state of Florida must qualify with a debilitating medical condition. Conditions accepted are listed as follows:
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- Post-Traumatic Stress Disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s Disease
- Parkinson’s Disease
- Multiple Sclerosis
- 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
- Any other debilitating medical condition of similar nature where a physician feels marijuana would benefit the patient
Any patient with a qualifying medical condition seeking medical marijuana must first obtain a physician certification. A physician certification is a written document from a licensed doctor stating the validity of the patient’s debilitating medical condition, the doctor’s professional opinion that marijuana use would outweigh potential health risks for the patient and the recommended duration of medical marijuana use. Patients may only receive a physician certification after a physical examination and full medical history examination has been conducted. Minors may seek a physician certification for marijuana, however, a parent or legal guardian must sign for it in writing.
If you're interested in learning more about how to get a medical marijuana card in Florida, click here.
Possession
Qualified medical marijuana patients are allowed to possess up to a seventy (70)-day supply of non-smokable marijuana at any given time and all marijuana products in possession of a patient must remain in their original packaging. Definitive quantities in relation to a seventy (70)-day supply are determined by a patient's physician and may be higher or lower than others depending on the patient’s required medicinal usage. However, this does not apply to smokable forms of marijuana.
Qualified physicians may order up to six (6) thirty-five (35)-day supplies of medical marijuana in a form for smoking within each certification, and a thirty-five (35)-day order may not exceed two and a half (2.5) ounces of smokable medical marijuana. Qualified patients may only possess up to four (4) ounces of medical marijuana in a form for smoking at any given time.
Purchasing Limits
Similar to possession laws, qualified patients or designated caregivers may purchase up to a 70-day supply of non-smokable marijuana products from state-licensed Medical Marijuana Treatment Centers. For smokable forms of marijuana, two and a half (2.5) ounces is considered a thirty-five (35)-day supply, though this does not supersede the 4-ounce possession limit. Where to Buy
Consumption
Under no circumstance is medical marijuana allowed to be consumed by anyone other than qualifying patients. Marijuana in Florida may only be consumed by qualifying patients for medical use.
Driving Under the Influence
Driving under the influence of marijuana remains illegal and punishable by law in the state of Florida. Punishments are similar to those of alcohol DUIs, with the first offense facing up to six (6) months in jail or fines up to $1,000. Severity of penalties increases with every conviction, so it is strongly advised to never drive under the influence of marijuana.
Exporting Marijuana
Exporting marijuana, even to other states with legal medical marijuana, is illegal and will result in steep punishment for those apprehended in the act. Medical marijuana in Florida is legal for the sole purpose of helping qualifying patients with debilitating conditions. Therefore, the marijuana is strictly prohibited from export and must only be consumed in the state of Florida.
Reciprocity
Florida does not offer reciprocity to visiting medical marijuana patients from other states. Only Florida residents registered with the state's medical marijuana program may shop at a Medical Marijuana Treatment Center.
Cultivation
Qualifying patients are NOT allowed to grow any plants at home, nor are caregivers. Only registered Medical Marijuana Treatment Centers are able to cultivate or process marijuana. Caregivers are allowed to obtain medical marijuana for patients they assist, but they are not able to grow or consume any medical marijuana.
Delivery
Florida allows medical cannabis delivery throughout the state.Find Delivery
*Legal Disclaimer: This article is not meant to serve as legal advice and is for informational purposes only. Laws and regulations are always changing. Therefore, if you have any legal questions regarding Florida's medical marijuana laws you must consult with a licensed Florida attorney.
Expert Reviewer
Stephanie Bagnall is a legal research and writing expert who supports nonprofits, law firms and other organizations in a wide variety of industries all over the country. She is also a passionate advocate for civil rights and people with disabilities.