Florida Legal Topics

Daytona Beach Legal News - Medical Marijuana

The Law Office of Paul Bernardini

Can I get Medical Marijuana in Florida?

Medical marijuana is now available in Florida, however, it remains illegal under federal law.

According to the Florida Department of Health, in Florida, there is a difference between CBD, low-THC cannabis, and medical marijuana. Medical marijuana can contain significant amounts of tetrahydrocannabinol (THC) which is the chemical compound that causes the “high” commonly associated with cannabis.

First, Florida did not legalize recreational use of marijuana. And, Florida law differentiates between an order for low-THC cannabis and medical marijuana. You can be charged with a crime if you have not met the requirements of a 'Qualifying Patient'. Florida Medical Marijuana laws require that, at a minimum, you must be diagnosed with a qualifying condition, be entered into the Medical Marijuana Use Registry by a qualified physician, obtain a Medical Marijuana Use Registry Identification Card, and be a Florida resident or a seasonal resident.

And, even if you are legally allowed to use low-THC cannabis or medical marijuana, you can not use it just anywhere. Know the law so you do not end up with criminal charges. As of January 7, 2019, you can not use or administer medical marijuana in the following locations in Florida:
  • On any form of public transportation, except for low-THC cannabis.
  • In any public place, except for low-THC cannabis.
  • In a qualified patient’s place of employment, except when permitted by his or her employer.
  • In a state correctional institution.
  • On the grounds of a preschool, primary school, or secondary school.
  • In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis.
These are just a few of the restrictions. Some have exceptions and the list may change, so check the Florida statutes for the latest updates.

As always, this is for informational purposes only and does not constitute legal advice. This information is provided only as general information, which may or may not reflect the most current legal developments.

Medical Marijuana

Recent case from the Florida Supreme Court.

In an advisory opinion to the Attorney General, the Florida Supreme Court held that a proposed constitutional amendment, which would allow a restricted use of marijuana for certain "debilitating" medical conditions, satisfied the single-subject requirement of article XI, section 3, of the Florida Constitution. The Court further held that the ballot title and summary satisfy the requirements of section 101.161(1) and accurately convey the limited use of marijuana, as determined by a licensed Florida physician, that would be authorized by the amendment consistent with its intent. Finally, the Court ruled the Financial Impact Statement was in compliance with section 100.371(5), Florida Statutes (2013). The proposed amendment and Financial Impact Statement were approved for placement on the ballot. ADVISORY OPINION TO THE ATTORNEY GENERAL RE: USE OF MARIJUANA FOR CERTAIN MEDICAL CONDITIONS. Opinion Filed January 27, 2014. Full Opinion at Supreme Court Opinions Section, page 45a.