Fact Checked by Doctor NameIntroduction of Florida Marijuana Laws
Table of Contents
The laws about cannabis in Florida changed quickly.
Florida now permits widespread medical marijuana access for over 700,000 patients, after decades of total marijuana prohibition. But unlike in many other states that are moving toward full legalization, using marijuana for recreational purposes is still illegal.
Florida’s medical program shows that views are changing, but the state’s laws on recreational use are still behind.
The difference shows how quickly Florida’s views on marijuana are changing and how reluctant the state is to approve cannabis.
History of Marijuana Laws in Florida
Before 2014, medical marijuana was not exempt from Florida’s blanket ban on cannabis.
However, in the same year, low-THC extracts of marijuana were made lawful under the Compassionate Medical Cannabis Act to treat specific medical ailments.
In 2016, voters overwhelmingly approved Constitutional Amendment 2, broadly legalizing medical marijuana for debilitating illnesses.
The state later passed regulations for dispensaries and patient ID cards.
Since then, Florida has continued expanding and refining its medical marijuana laws, including allowing smokable cannabis.
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Current Legal Status: Is Marijuana Legal in Florida?
Medical Marijuana
Patients with qualifying diseases, including cancer, epilepsy, PTSD, HIV/AIDS, and more, have access to the current medical cannabis program in Florida.
After voters adopted Constitutional Amendment 2 in 2016, which generally legalized medical marijuana, the program was founded.
State health department medical marijuana ID cards need a doctor’s recommendation.
This card provides access to Medical Marijuana Treatment Centers and state-licensed dispensaries selling marijuana oils, vapes, edibles, and smokable flowers.
While home growing is not permitted, the program provides qualifying people with extensive access to medical cannabis.
Recreational Marijuana
On the recreational side, marijuana remains illegal for adult use in Florida. Possession of small amounts is a misdemeanor offense.
Some localities like Orlando and Tampa have passed decriminalization policies. Advocates are seeking to get recreational legalization initiatives on the 2024 ballot. If over 60% of voters approve, Florida could join the growing list of states to legalize cannabis fully.
However, the state attorney general has opposed one proposed initiative, so the path forward remains uncertain.
Florida’s cannabis laws permit medical marijuana access but continue to prohibit adult recreational use. Changes may be on the horizon depending on the success of legalization campaigns in the coming election cycles.
Qualifying Conditions for Medical Marijuana
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Adults Medical Conditions Include:
- AIDS/HIV
- Amyotrophic Lateral Sclerosis (ALS)
- Cancer
- Chronic Pain, Muscle Pain and Other Types of Pain
- Crohn’s Disease
- Epilepsy
- Glaucoma
- Multiple Sclerosis (MS)
- Palliative Care (Admittance Into Hospice)
- Parkinson’s Disease (PD)
- Post-Traumatic Stress Disorder (PTSD)
Doctors can also certify additional debilitating conditions comparable to those on the list. Minors under 18 can qualify with approval from two physicians and parental consent. The full criteria are specified in Florida Statute 381.986 and the state constitution.
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How to Get a Medical Marijuana Card in Florida?
Eligibility Criteria
Patients must have one of the qualifying conditions listed above diagnosed by a licensed Florida doctor to be eligible for the program.
Patients under 18 may also qualify with two physicians’ approvals. A doctor must certify your suitable condition before applying.
Application Process
Schedule an appointment with your physician to be evaluated for the program. If approved, they will enter your information into the state Medical Marijuana Use Registry.
Next, apply for your ID card through the Department of Health website or at an approved office. The current fee is $75, valid for one year. Caregivers of patients may apply for medical marijuana cards. This lets them buy cannabis for their patients.
Medical Marijuana Dispensaries
Patients and caregivers may purchase at state-licensed Medical Marijuana Treatment Centers (MMTCs), which sell legal marijuana to medical program participants.
Florida MMTCs sell a variety of marijuana flowers, oils, vapes, edibles, and other delivery methods. You must renew your card annually and see your doctor every seven months to maintain active status.
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Cannabis Possession and Cultivation Limits in Florida
Medical Marijuana Limits
Certified medical marijuana patients can legally possess up to a 70-day supply, defined as 2.5 ounces per 35 days. Exceeding this limit risks criminal charges for non-patients.
All cannabis must be purchased from licensed dispensaries – home cultivation is illegal in Florida, even for medical use.
Recreational Marijuana Limits
Up to 20 grams of non-medical possession is a misdemeanor under Florida law, while over 20 grams jumps to a felony.
Cultivating any amount recreationally carries criminal penalties, including mandatory minimums based on the number of plants. So while medical patients have legal access and protections, recreational users still face disadvantages.
Smoking Restrictions and Consumption Methods
Florida legalized smokable medical marijuana in 2019. Patients can now legally consume cannabis by smoking, vaping, or using whole-flower products from licensed dispensaries.
However, public use remains illegal, even for medical marijuana. Consumption must be private, out of public view. Topicals, edibles, capsules, and tinctures are options for non-smokers.
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Penalties for Weed Offenses in Florida
Possession Penalties
For non-patients, possessing 20 grams or less of marijuana results in up to one year in jail and a $1,000 fine. Anything above 20 grams becomes a felony charge.
There are also enhanced penalties for possession near schools or other designated areas.
Distribution and Trafficking Penalties
Selling or distributing cannabis is punishable by up to 5 years in prison and hefty fines based on amounts.
Trafficking over 25 pounds triggers mandatory minimum sentences starting at 3 years. Penalties escalate up to capital punishment for extremely large trafficking amounts.
Driving Under the Influence
Florida has a zero-tolerance DUI policy for cannabis and other drugs. Driving while impaired by marijuana is prohibited in Florida.
Even minor amounts of cannabis or metabolites may lead to DUI charges, with penalties ranging from fines and license suspension to prison time for repeat crimes.
While Florida’s cannabis environment is gradually evolving, stringent prohibitions remain in many areas.
Knowing the potential criminal penalties and proactively avoiding risky situations is crucial for anyone interacting with marijuana in the state. Practicing careful compliance provides the best protection.
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Legalization Efforts and Future Prospects in Florida
Looking ahead, two ballot initiatives aim to legalize recreational marijuana through the 2024 election fully.
If approved by 60% of Florida voters, cannabis could be legalized for adult use, joining other states with regulated sales.
However, Republican leaders largely oppose the efforts, and legal hurdles remain.
However, Republican leaders oppose the efforts, and legal challenges remain. While the future is uncertain, legal access is already expanding through the robust medical program.
Frequently Asked Questions
Q: Can I grow marijuana at home in Florida?
A: No, home cultivation remains prohibited even for medical use. Patients must purchase products from licensed dispensaries.
Q: Can I smoke medical marijuana?
A: Yes, smoking is permitted for medical use in private spaces. Public smoking remains illegal.
Q: Is recreational marijuana legal in Florida?
A: No, recreational marijuana is still prohibited. Possession and use remain illegal.
Q: Can I grow marijuana plants at home in Florida?
A: No, home cultivation remains illegal in Florida, even for medical use. Patients must buy from licensed dispensaries.
Q: Where can I purchase medical marijuana?
A: Medical cannabis must be purchased from state-licensed Medical Marijuana Treatment Centers. Dispensaries sell a variety of marijuana products to certified patients.
Conclusion
In summary, Florida maintains strict laws against recreational marijuana but has established a robust medical cannabis program.
With two legalization initiatives pursuing the 2024 ballot, the state could soon join the growing roster of states to legalize marijuana fully.
However, opposition from leaders like Governor DeSantis makes the future uncertain.
Medical patients can now access cannabis treatments, but even minor recreational possession still risks penalties. As public attitudes shift, marijuana laws will remain a hot topic for Florida in the coming years.
References:
- https://mmuregistry.flhealth.gov/
