Florida Marijuana Laws

Introduction

Florida’s medical marijuana program, established under the Compassionate Medical Cannabis Act of 2014 and expanded by Amendment 2 in 2016, has grown into one of the largest in the U.S. Overseen by the Florida Department of Health’s Office of Medical Marijuana Use (OMMU), the program provides access to medical cannabis for qualifying patients while enforcing strict regulations. As of July 2025, Florida’s medical marijuana laws offer a structured framework for patients, caregivers, and medical marijuana treatment centers (MMTCs). This guide covers eligibility, possession, consumption, and more, ensuring you stay informed and compliant. To start your journey, learn How to Get a Medical Card in Florida.

History of Medical Marijuana in Florida

Florida’s path to medical marijuana legalization reflects evolving public and legislative support:

• 2014: The Compassionate Medical Cannabis Act (Senate Bill 1030) legalized low-THC cannabis for specific conditions like epilepsy and cancer.
• 2016: Voters passed Amendment 2 with 71% support, expanding access to full-strength medical marijuana for a broader range of conditions.
• 2017: Senate Bill 8A implemented Amendment 2, establishing the OMMU and licensing MMTCs.
• 2020-2023: Updates allowed smokable flower, expanded telehealth certifications, and streamlined renewals.

These milestones have made Florida a leader in medical cannabis access. For a list of qualifying conditions, see Medical Conditions That Qualify for a Card in Florida.

Eligibility for Medical Marijuana in Florida

Florida’s medical marijuana program is accessible to residents with qualifying conditions, with a structured certification process:

• Qualifying Patients: Florida residents with a qualifying medical condition, diagnosed by a certified physician, can apply for a medical marijuana card. Qualifying conditions include cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, chronic nonmalignant pain, and other conditions of similar severity as determined by a physician. Learn more about specific conditions like PTSD in Marijuana and PTSD: A Winning Combination or a Recipe for Disaster?.
• Minors: Patients under 18 require a certified physician’s recommendation and a designated caregiver. Caregivers must be 21 or older and registered with the OMMU.
• Out-of-State Patients: Florida does not offer reciprocity for out-of-state medical marijuana cards, meaning only Florida residents with valid cards can purchase from MMTCs.
• Certification Process: Patients must visit an OMMU-certified physician for a diagnosis and recommendation. Certifications are entered into the Medical Marijuana Use Registry, and patients apply for a card online or by mail. Cards are valid for one year and require a $75 fee. If your application is denied, check What to Do If Your Florida Medical Marijuana Application Is Denied.

Find a certified physician at Find a Doctor in Florida.

Possession Limits for Medical Marijuana

Florida’s possession limits are tied to physician recommendations and dispensed amounts:

• Patients: Patients can possess up to a 70-day supply of marijuana, as determined by their physician’s recommendation. Common limits include:
  • 4 ounces (113 grams) of smokable flower per 35-day period.
  • 2.5 ounces of smokable flower per single purchase.
  • No specific limit for non-smokable forms (e.g., edibles, tinctures), but amounts are capped by the physician’s order.
• Caregivers: Caregivers can possess a 70-day supply for each patient they serve, up to four patients unless approved for more by the OMMU.
• Storage: Marijuana must be kept in its original MMTC packaging to remain legal.

Cultivation Rules for Medical Marijuana

Unlike Maine, Florida has strict cultivation laws:

• No Home Cultivation: Patients and caregivers are prohibited from growing marijuana. All medical cannabis must be purchased from licensed MMTCs.
• MMTC Cultivation: Only licensed MMTCs can cultivate cannabis, under strict OMMU oversight, ensuring quality and safety through mandatory testing for contaminants.

Medical Marijuana Treatment Centers (MMTCs)

Florida’s MMTCs serve as the sole providers of medical marijuana:

• Number and Regulation: As of 2024, Florida has over 600 MMTC locations operated by 22 licensed companies, such as Trulieve, Curaleaf, and Surterra Wellness. The OMMU regulates all aspects of production, testing, and sales.
• Access: Only patients and caregivers with valid medical marijuana cards can purchase from MMTCs. Purchases are tracked via the Medical Marijuana Use Registry.
• Products: MMTCs offer smokable flower, edibles, tinctures, capsules, topicals, and concentrates. Products are tailored for conditions like chronic pain, as discussed in How Medical Marijuana Helps with Chronic Pain.
• Delivery: Most MMTCs offer statewide delivery, enhancing access for patients in rural areas.
• Taxation: Medical marijuana is subject to Florida’s 6% sales tax, plus local taxes (up to 1%), but is exempt from certain medical exemptions.

Visit the Florida OMMU website for a list of licensed MMTCs.

Caregiver Program

Caregivers assist patients who cannot access or administer cannabis themselves:

• Eligibility: Caregivers must be Florida residents, 21 or older, with no disqualifying convictions. They register via the OMMU and can serve up to four patients.
• Responsibilities: Caregivers can purchase, transport, and administer marijuana for patients, following physician recommendations.
• Restrictions: Caregivers cannot consume the patient’s marijuana or cultivate cannabis.

Penalties for Violating Medical Marijuana Laws

Violations of Florida’s medical marijuana laws carry significant penalties:

• Excess Possession:
  • Possessing over the prescribed 70-day supply is a misdemeanor, with up to 1 year in jail and a $1,000 fine.
  • Large quantities may be considered trafficking, a felony with up to 7 years in prison and a $5,000–$200,000 fine, depending on the amount.
• Unauthorized Cultivation: Home cultivation is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
• Sales Violations: Selling marijuana outside MMTCs or without a caregiver license is a felony, with penalties escalating based on quantity.
• Minors: Providing marijuana to minors without a medical card is a felony, with severe consequences.

For a broader overview, see Florida Marijuana Laws.

Federal Law and Medical Marijuana

Marijuana remains a Schedule I drug under federal law, illegal on federal property (e.g., national parks, federal buildings). Patients should avoid crossing state lines with medical marijuana. For travel guidelines, read Traveling with Medical Marijuana: What’s Allowed in Florida.

Health and Safety Considerations

Responsible use is essential for patient safety:

• Physician Guidance: Consult your doctor to determine appropriate products and dosages, especially for conditions like epilepsy, as explored in Medical Marijuana and Epilepsy: How Does It Work?.
• Edibles: Effects can take 30 minutes to 2 hours. Start with 5-10 mg THC and wait.
• Storage: Store cannabis in child-proof containers. Contact the Florida Poison Information Center at 1-800-222-1222 or 911 for emergencies.
• Driving: Driving under the influence is illegal, with THC detection leading to DUI charges, including fines, license suspension, or jail time.

Recent Updates and Trends

Florida’s medical marijuana program continues to evolve:

• Telehealth Certifications: Since 2020, physicians can certify patients via telehealth, increasing access.
• Edible Expansion: New edible products, like gummies, have expanded patient options.
• Proposed Reforms: Discussions around increasing MMTC licenses and loosening advertising restrictions aim to enhance competition and access.
• Federal Reclassification: Potential federal reclassification of marijuana could ease banking and research restrictions.

For more FAQs, visit Florida FAQ.

Tips for Patients and Caregivers

1. Get Certified: Visit an OMMU-certified physician and apply through the Medical Marijuana Use Registry. See How to Get a Medical Card in Florida.
2. Choose Reputable MMTCs: Purchase from licensed providers for tested products.
3. Follow Dosage Guidelines: Adhere to physician recommendations to avoid overuse.
4. Avoid Cultivation: Home growing is illegal; rely on MMTCs.
5. Stay Informed: Check the Florida OMMU website for updates.
6. Travel Safely: Understand travel restrictions via Traveling with Medical Marijuana: What’s Allowed in Florida.

Common Myths About Florida Medical Marijuana Laws

• Myth: Anyone can get a medical marijuana card in Florida.
  • Fact: Only residents with qualifying conditions and physician certification qualify.
• Myth: You can grow your own medical marijuana.
  • Fact: Home cultivation is illegal; only MMTCs can grow cannabis.
• Myth: Medical marijuana is untaxed.
  • Fact: It’s subject to a 6% sales tax plus local surcharges.

Conclusion

Florida’s medical marijuana laws provide a robust framework for patients to access cannabis safely and legally. By understanding eligibility, possession limits, and MMTC regulations, patients and caregivers can navigate the program effectively. For more resources, explore Cannabis Med Cards Blogs or visit the Florida OMMU website. Have questions? Share them in the comments or contact an MMTC for personalized guidance!