If you're visiting Florida, and you're a cannabis smoker, the question is sure to come up: "Is weed legal in Florida?" As of the most recent update in 2023, recreational cannabis remains illegal in Florida. However, it's legalized for medicinal purposes, and exclusively available to qualifying patients. It is worth highlighting that the cultivation of marijuana within the state's boundaries remains illegal, even for medicinal use.
Medicinal cannabis became legal in the Sunshine State on November 8, 2016, when the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the state. This amendment allowed for the medicinal use of THC products for patients with qualifying conditions.
Medical Cannabis Possession Laws in Florida
In accordance with Chapter 381 Section 986 of the 2022 Florida Statutes, patients must have a doctor's recommendation, pay a license fee, as well as be re-registered every 7 months with the state to possess up to four ounces of medical cannabis legally.
Cannabis in flower form has only been available in Florida since 2019, with a previous caveat on the 2016 amendment that the only forms allowable by law to consume are by vaping, oils, sprays, or pills. It took a circuit court judge in 2018 to declare this distinction unconstitutional and in March of 2019 smokable forms of cannabis flower were then available to medical marijuana patients as a result.
Edible forms of medical weed in Florida were also allowed to begin in September 2020.
New dosing and purchase limits for medical weed in Florida in 2023
Medical weed in Florida can only be obtained from state-licensed dispensaries. To oversee the medical cannabis program, the Office of Medical Marijuana Use (OMMU) has been created by the Department of Health.
New medical marijuana “emergency” rules were suddenly put into effect in August of 2022 sans any public, patient, or practitioner input or even discussion since 2019. Almost six years after medical weed in Florida was approved by voters and a constitutional amendment was made, caps on THC levels and dosing sizes were put into effect by the state legislature.
As per the Office of Medical Marijuana of the Florida Department of Health, the new caps on supply limits and dosages can be found here.
It’s not fully clear why the “emergency” distinction by the state legislature was deemed necessary, but regardless patients and patients’ rights activists in the Sunshine State are not pleased.
Effects as a result of these arbitrary rule changes such as periodic inaccessibility to legally-prescribed medicine, patients migrating to the black/gray market, and overall confusion by patients and doctors seem to be the general consensus regarding medical weed in Florida in 2023.
Should a proposed weed legalization ballot initiative be available to voters in 2024–as it currently appears–there’s a good chance a large majority will vote in favor of it.
How to get a medical card in Florida?
We explain the simple steps to apply for a medical marijuana card in Florida.
- Full and even part time residents aged 18 and over must have any of these qualifying conditions in order to be eligible for medicinal weed. Minors can use medical cannabis if their parents or legal guardians are assigned as caregivers. Minors in Florida also need recommendations from two qualified physicians.
- Eligible adults must then be seen by a doctor or physician to confirm diagnosis of any of the qualifying conditions mentioned.
- Next, qualifying patients are entered into a Medical Marijuana Use Registry, and given login credentials where they can then submit the required application at a cost of $75.
- Patients whose applications are accepted are then sent their Florida medical marijuana card in the mail.
- Renewals of the physician’s certification are required every seven months to keep the card current.
This process, on average, can be somewhat expensive to many patients with doctor’s fees, regular certification renewal fees, and a licensing fee all mandatory in order to maintain patient status.
How to Renew Your Cannabis Card
As of now the people of Florida currently have to have an in person visit with their doctor for another consultation after every 30 weeks. However, thats about to change thanks to new upcoming laws.
Florida Legislature Passes HB 387 Expanding Telehealth for Medical Marijuana Recertification
Introduction: The Approval of HB 387
On May 4, 2023, the Florida Legislature made a significant stride forward in the telehealth realm by passing House Bill 387 (HB 387). Upon receiving the signature of Florida Governor, Ron Desantis, this progressive legislation, which broadens the scope of telehealth for medical marijuana recertification, will take effect as of July 1, 2023.
Maintaining Initial Certification Requirements
Despite the advances of HB 387, the fundamental requirements for an initial certification remain intact. Physicians are still mandated to conduct an in-person, physical examination of a patient prior to issuing the first certification for the medical use of marijuana. This means that telemedicine exams do not suffice for this initial certification.
Telehealth for Renewal Consultations: A Major Shift
The groundbreaking aspect of the new law, however, pertains to renewal consultations. Following the first in-person examination, the legislation expressly permits physicians to conduct recertification consultations with patients remotely, using telehealth technologies.
The Definition and Role of Telehealth in HB 387
In HB 387, telehealth encompasses both synchronous and asynchronous telecommunications technology, as defined under section 456.47 of the Florida Statutes. This allows for real-time interactions as well as recorded or transmitted data, respectively, broadening the possibilities for patient-doctor interactions during recertification processes.
Recertification Frequency Remains Unchanged
Under the new law, the frequency of required recertification exams remains the same, necessitating these at least every 30 weeks (210 days). Yet, the introduction of telehealth to this process marks a significant shift in the ease and accessibility of renewing medical marijuana certification for Florida patients.
In summary, while maintaining the traditional requirements for initial certification, HB 387 offers a transformative approach to renewal consultations for medical marijuana patients, incorporating the dynamic possibilities of telehealth technology. This step forward demonstrates Florida's commitment to leveraging digital health technologies to enhance patient access and streamline healthcare processes.
Regenerate response
Access Florida Medical Marijuana via MMTCs
Medical Marijuana Treatment Centers (MMTCs) provide approved dispensations of medicinal marijuana and low THC cannabis to eligible patients and caregivers. These dispensations are made in accordance with the recommendations of qualified ordering physicians. Dispensing locations are authorized, and offer the convenience of home delivery to qualified patients all across the state.
All current MMTC dispensing locations in the Sunshine State can be found here. There are well over 550 licensed medical marijuana dispensaries.
The dispensing process involves measuring the active ingredients in milligrams. Medical marijuana is measured in tetrahydrocannabinol (THC), while low-THC cannabis is measured in cannabidiol (CBD) content.
Dispensaries or Delivery services are not allowed to dispense cannabis between the hours of 9pm - 7am.
Updates on Progress for Recreational Cannabis Becoming Legal in Florida
Recreational marijuana legalization in Florida is gaining momentum in 2023. The "Smart & Safe Florida" committee has passed the initial legal requirements to propose a constitutional amendment for legalization. The organization has also well exceeded the required amount of 891,523 signatures needed to get the amendment in front of the Florida State Supreme Court.
When is recreational weed legal in Florida?
If the proposal is then able to fend off opposition from the state Attorney General, it’s then up to the state Supreme Court to validate the language found in the amendment. Once validated, the proposal is then finally deemed acceptable if at least 14 of 28 voting districts in the state approve to put it on the voting ballot for the 2024 election, in the hope of making recreational weed legal in Florida.
The amendment would allow individuals aged 21 and above to legally possess, purchase, and use legal weed in Florida for recreational purposes, if passed. However, it's crucial to note that federal law violations would still apply.
Previous attempts to make recreational weed legal in Florida have failed, but the current version of the amendment, submitted in August 2022, may have a better chance, potentially with the support of a celebrity endorsement.
