Florida Marijuana Laws

If you are a citizen of the Sunshine State or you’re considering visiting the state in the near future, you may find yourself wondering what Florida marijuana laws look like. The good news is that medical cannabis is legal in the state of Florida and has been since 2016.

There are specific guidelines and qualifications that must be followed in order to use medical marijuana in Florida. It’s best to become familiar with key Florida marijuana laws so that you can make sure you are abiding by them when it comes to using medical cannabis.

Legal Status
Medical Program

Possession Limits
Medical Patients: 4oz
Recreational Users: Illegal

State Taxes
Medical Patients: 6%
Recreational Users: Illegal

Cultivation
Illegal

So, is marijuana legal in Florida? Let’s find out.

  • An Overview of Florida Marijuana Laws

    Florida marijuana laws are very similar to other states in the country.

    Possession of cannabis remains illegal for recreational users, but marijuana for medicinal purposes has been legal since 2016.

    Patients can receive marijuana if recommended by a physician — provided that they obtain valid documentation from the Department of Health’s Office of Medical Marijuana Use.

    The approved forms of marijuana allowed by the state include oils, edibles, tinctures, and vaporizing medical marijuana.

    While changes to Florida marijuana laws bring hope to many people with chronic illnesses or pain-related issues, it’s important to keep in mind that marijuana is still heavily regulated and many of its uses are still strictly prohibited within the state.

  • A History of Marijuana Legalization in Florida

    In 2014, Florida took its first major step in legalizing medical cannabis when Gov. Rick Scott signed the Compassionate Medical Cannabis Act into law to allow for access of low-THC and high-CBD oil from Charlotte’s Web strain.

    Two years later, Floridians made a valiant attempt at furthering this progress with Amendment 2 but ultimately fell short. Then in 2016 House Bill 307 passed which allowed terminally ill patients the right to try marijuana as medication — paving a path towards true medicinal legalization that would come two years later through another amendment effort: Amendment 2 (2016).

    Sealing legal status wasn’t enough though; regulation added measures such as edibles or vaping oils instead of smoking so that more people could enjoy the therapeutic benefits of marijuana without compromising their health risks.

  • How Can I Obtain a Medical Marijuana Card in Florida?

    If you have been diagnosed with a qualifying medical condition, your next step toward medical cannabis is applying for a medical marijuana card.

    In order to receive a medical card in the state of Florida, you have to be a resident of the state, proven through proof of residency. This can come in the form of a state-issued ID card or other photo identification.

    You will also need to receive a signed document from your diagnosing physician that says you have been diagnosed with a qualifying condition. Your physician will need to give you your medical records as well.

    In order to be a qualifying physician, your doctor must be registered with Florida’s Medical Marijuana Use Registry and have a license for medical marijuana. In addition, you must be a patient with the doctor for at least three months before you’re eligible for a medical card.

    Once you meet the above requirements, your doctor will put your information into the Marijuana Use Registry. After you’ve been entered into the system, you can apply for your medical cannabis card.

    The application must be completed and sent to the Office of Medical Marijuana Use. This can be done online or by mail, depending on your preference. Once you send your application in, you simply have to wait. The time it takes to get approved can be longer than many expect, up to a few months before you receive your card.

    It’s also important to note that you will need to pay $75 when you apply for a medical card. You will also have to pay $75 every year for your annual card renewal. This is in addition to any medical fees you must pay your doctor in order to become eligible for a card.

  • What Medical Conditions Qualify Me for Medical Marijuana in Florida?

    According to Florida marijuana laws, in order to get a medical marijuana card, you have to qualify for one. The current list of conditions that qualify for a medical cannabis card in the state includes the following:

  • What Florida Medical Marijuana Laws Should I Know?

    Once you’ve received your medical marijuana card for Florida, you need to make sure you are clear on what the laws are concerning cannabis use in the state.

    Your doctor cannot certify you for more than three 70-day supply limits of cannabis at one time. The daily dosing limits are determined by the Department of Health. Each medical patient is allowed to possess up to four ounces of herbal cannabis at one time, as long as your physician has stated that the benefits of smoking cannabis outweigh the risks.

    Florida marijuana laws state that medical marijuana card holders are not allowed to grow cannabis in their own homes. Instead, they must visit a state-licensed dispensary in order to purchase their allotted products.

    If a minor is determined to need medical marijuana, they will need to obtain a designated caregiver. This caregiver must be at least 21 years old, and they will be required to obtain a caregiver card through the Department of Health. Once they receive their card, the caregiver is responsible for purchasing and transporting the marijuana for the minor patient.

    Florida marijuana laws do not currently offer reciprocity. This means that any visitor to the state is unable to legally purchase medical cannabis, even if they have an out-of-state medical card.

  • Is Recreational Marijuana Legal in Florida?

    Florida marijuana laws restrict the use of recreational marijuana. There was a legalization initiative proposed for 2022, but this was struck down due to “misleading language.”

  • Are THC Gummies Legal in Florida?

    In 2020, Florida marijuana laws evolved when legislation determined that medical marijuana could be purchased in the form of edibles, meaning that THC gummies are allowed in the state under certain restrictions. In order to legally purchase THC gummies in Florida, you must have a medical cannabis card.

    There are also specific guidelines for all edibles in the state, including:

    • Edibles aren’t allowed to have bright colors to minimize their attraction for children.
    • No edibles can resemble commercially available candy
    • The THC level of all edibles can’t exceed ten milligrams for single-serve packages or 200 milligrams for multi-serving packages.

  • Can I Legally Grow Medical Marijuana in Florida?

    Since medical card holders are unable to grow their own weed, the only way to grow it legally in the state is by obtaining a marijuana-growing license. Currently, Florida is not offering any more growing licenses, but it’s a good idea to know the steps you need to take once they open up the application process again.

    The first step involved is making sure you meet the legal requirements for becoming a licensed grower in the state. Florida marijuana laws require the following:

    • Having a business in Florida that has been registered with the state for at least five years.
    • A valid nursery certificate of registration with the Department of Agriculture
    • The technical and technological ability to grow marijuana, including low-THC cannabis.
    • The ability to have the land, resources, and staff required.
    • The infrastructure to dispense cannabis
    • The financial resources to operate for the full two-year approval cycle.
    • Have a medical director
    • Include a diversity plan that involves minority- and veteran-owned businesses.
    • Pass a level two background check.

    If you qualify with all of the listed restrictions, you then need to make sure you have prepared detailed information about your business. There are currently 16 different areas of knowledge in which you must prove proficient to be considered as a cultivator. After that, you will need to pay the required fees of almost $61,000.

  • Can a Caregiver Under Florida Medical Marijuana Law Grow Marijuana?

    Currently under Florida marijuana laws, caregivers are unable to grow marijuana for medical use or any other purpose.

    However, the Florida Medical Marijuana Plants Initiative is looking to change that. The purpose of the initiative is to allow both caregivers and medical card holders to grow their own cannabis for medical purposes. It is not currently on the November 2022 ballot, but supporters hope to bring it to a vote soon.

  • How Many Dispensaries Can I Visit in One Day in Florida?

    Florida marijuana laws do not cite a specific limit of how many dispensaries you can visit in one day. However, medical cannabis patients are only able to purchase up to 2.5 ounces of whole flower cannabis every 35 days.

    The state’s registry will keep track of the amount you purchase at any time and alert the dispensary when you’ve reached your purchase limit.

  • Takeaway

    Florida has legalized medical marijuana throughout the state, but there are still many restrictions in place. Cannabis can only be purchased at a state dispensary, and cardholders are unable to grow their own plants. However, Florida cannabis laws have come a long way in recent years, and the future looks bright for continuing to loosen restrictions on marijuana.

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