Below is the entire Florida statute covering medical marijuana. Our intent is to take the entire statute and break it down piece by piece and try to make it as clear as possible. If something still isn’t clear, feel free to email us and we’ll do our best to help.
This was last updated 9/2/2022. The original Florida Statute can be found on the Florida State Senate website.
(j) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include:
5. Use or administration of marijuana in the following locations:
This section details the legal definition of the terms used in the following statutes. A few important things to note is that medical use only applies to marijuana acquired directly from a medical marijuana treatment center and only in the forms specifically allowed, i.e. no smokable (until the recently updated law and with an additional smokable marijuana license), seeds, flower, or food items besides “edibles”.
This section lists the conditions that qualify for medical marijuana use. Note that the first several are specific conditions, while (k), (l), and (m) are broad categories. Usually if you have a chronic condition that is not responding to other forms of treatment and medical marijuana has shown effectiveness in treating similar issues, the doctor will be able to recommend medical marijuana.
This section lays out the requirements for doctors. In short, it requires a doctor to take a 2-hour course every year to become and remain certified and they must not be in business with a medical marijuana treatment center or marijuana testing lab to prevent potential conflicts of interest.
(a) A qualified physician may issue a physician certification only if the qualified physician:
7. Registers as the issuer of the physician certification for the named qualified patient on the medical marijuana use registry in an electronic manner determined by the department, and:
8. Obtains the voluntary and informed written consent of the patient for medical use of marijuana each time the qualified physician issues a physician certification for the patient, which shall be maintained in the patient’s medical record. The patient, or the patient’s parent or legal guardian if the patient is a minor, must sign the informed consent acknowledging that the qualified physician has sufficiently explained its content. The qualified physician must use a standardized informed consent form adopted in rule by the Board of Medicine and the Board of Osteopathic Medicine, which must include, at a minimum, information related to:
(b) If a qualified physician issues a physician certification for a qualified patient diagnosed with a qualifying medical condition pursuant to paragraph (2)(k), the physician must submit the following to the applicable board within 14 days after issuing the physician certification:
The department must submit such documentation to the Consortium for Medical Marijuana Clinical Outcomes Research established pursuant to s. 1004.4351.
(c) If a qualified physician determines that smoking is an appropriate route of administration for a qualified patient, other than a patient diagnosed with a terminal condition, the qualified physician must submit the following documentation to the applicable board:
(f) A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana or more than six 35-day supply limits of marijuana in a form for smoking. The department shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. The department shall use the daily dose amount to calculate a 70-day supply.
1. A qualified physician may request an exception to the daily dose amount limit, the 35-day supply limit of marijuana in a form for smoking, and the 4-ounce possession limit of marijuana in a form for smoking established in paragraph (14)(a). The request shall be made electronically on a form adopted by the department in rule and must include, at a minimum:
(g) A qualified physician must evaluate an existing qualified patient at least once every 30 weeks before issuing a new physician certification. A physician must:
2. Identify and document in the qualified patient’s medical records whether the qualified patient experienced either of the following related to the medical use of marijuana:
This section lays out the requirements for a doctor to certify a patient for medical marijuana. Note that it requires the doctor and patient meet in the same physical room, so telemedicine sessions where you have an appointment through video chat or something similar are not currently allowed. Also, pregnant women are only allowed low-THC medical marijuana. Finally, note doctors are only allowed to prescribe a max of three 70-day courses of medical marijuana at a time. They can request an exception however.
(b) The department shall determine whether an individual is a resident of this state for the purpose of registration of qualified patients and caregivers in the medical marijuana use registry. To prove residency:
2. An adult seasonal resident who cannot meet the requirements of subparagraph 1. may provide the department with a copy of two of the following that show proof of residential address:
For the purposes of this paragraph, the term “seasonal resident” means any person who temporarily resides in this state for a period of at least 31 consecutive days in each calendar year, maintains a temporary residence in this state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income tax in another state or jurisdiction.
(c) The department may suspend or revoke the registration of a qualified patient or caregiver if the qualified patient or caregiver:
This section covers the requirements for the medical marijuana use registry. It also covers the requirements for seasonal residents to prove residency and obtain a license.
(b) A caregiver must:
(c) A qualified patient may designate no more than one caregiver to assist with the qualified patient’s medical use of marijuana, unless:
(d) A caregiver may be registered in the medical marijuana use registry as a designated caregiver for no more than one qualified patient, unless:
This section lists the different requirements for a medical marijuana caregiver who can assist patients with obtaining their medical marijuana. There are quite a few requirements but they are all relatively clear cut. An interesting one is that caregivers, similar to doctors, are restricted from having an economic interest or being employed by an medical marijuana treatment center.
(a) The department shall issue medical marijuana use registry identification cards for qualified patients and caregivers who are residents of this state, which must be renewed annually. The identification cards must be resistant to counterfeiting and tampering and must include, at a minimum, the following:
The portion of the law discusses the requirements for the patient id cards. Important points are: the cards must be renewed annually and the photo on the card must either be the same as the one on your driver’s license / id card or taken within 90 days of registering for medical marijuana.
(a) The department shall license medical marijuana treatment centers to ensure reasonable statewide accessibility and availability as necessary for qualified patients registered in the medical marijuana use registry and who are issued a physician certification under this section.
2. The department shall license as medical marijuana treatment centers 10 applicants that meet the requirements of this section, under the following parameters:
(b) An applicant for licensure as a medical marijuana treatment center shall apply to the department on a form prescribed by the department and adopted in rule. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing a procedure for the issuance and biennial renewal of licenses, including initial application and biennial renewal fees sufficient to cover the costs of implementing and administering this section, and establishing supplemental licensure fees for payment beginning May 1, 2018, sufficient to cover the costs of administering ss. 381.989 and 1004.4351. The department shall identify applicants with strong diversity plans reflecting this state’s commitment to diversity and implement training programs and other educational programs to enable minority persons and minority business enterprises, as defined in s. 288.703, and veteran business enterprises, as defined in s. 295.187, to compete for medical marijuana treatment center licensure and contracts. Subject to the requirements in subparagraphs (a)2.-4., the department shall issue a license to an applicant if the applicant meets the requirements of this section and pays the initial application fee. The department shall renew the licensure of a medical marijuana treatment center biennially if the licensee meets the requirements of this section and pays the biennial renewal fee. An individual may not be an applicant, owner, officer, board member, or manager on more than one application for licensure as a medical marijuana treatment center. An individual or entity may not be awarded more than one license as a medical marijuana treatment center. An applicant for licensure as a medical marijuana treatment center must demonstrate:
7. The financial ability to maintain operations for the duration of the 2-year approval cycle, including the provision of certified financial statements to the department.
10. A diversity plan that promotes and ensures the involvement of minority persons and minority business enterprises, as defined in s. 288.703, or veteran business enterprises, as defined in s. 295.187, in ownership, management, and employment. An applicant for licensure renewal must show the effectiveness of the diversity plan by including the following with his or her application for renewal:
(e) A licensed medical marijuana treatment center shall cultivate, process, transport, and dispense marijuana for medical use. A licensed medical marijuana treatment center may not contract for services directly related to the cultivation, processing, and dispensing of marijuana or marijuana delivery devices, except that a medical marijuana treatment center licensed pursuant to subparagraph (a)1. may contract with a single entity for the cultivation, processing, transporting, and dispensing of marijuana and marijuana delivery devices. A licensed medical marijuana treatment center must, at all times, maintain compliance with the criteria demonstrated and representations made in the initial application and the criteria established in this subsection. Upon request, the department may grant a medical marijuana treatment center a variance from the representations made in the initial application. Consideration of such a request shall be based upon the individual facts and circumstances surrounding the request. A variance may not be granted unless the requesting medical marijuana treatment center can demonstrate to the department that it has a proposed alternative to the specific representation made in its application which fulfills the same or a similar purpose as the specific representation in a way that the department can reasonably determine will not be a lower standard than the specific representation in the application. A variance may not be granted from the requirements in subparagraph 2. and subparagraphs (b)1. and 2.
1. A licensed medical marijuana treatment center may transfer ownership to an individual or entity who meets the requirements of this section. A publicly traded corporation or publicly traded company that meets the requirements of this section is not precluded from ownership of a medical marijuana treatment center. To accommodate a change in ownership:
Within 30 days after the receipt of a complete application, the department shall approve or deny the application.
6. When growing marijuana, a medical marijuana treatment center:
11. When processing marijuana, a medical marijuana treatment center must:
f. Package the marijuana in a receptacle that has a firmly affixed and legible label stating the following information:
12. The medical marijuana treatment center shall include in each package a patient package insert with information on the specific product dispensed related to:
16. When dispensing marijuana or a marijuana delivery device, a medical marijuana treatment center:
(f) To ensure the safety and security of premises where the cultivation, processing, storing, or dispensing of marijuana occurs, and to maintain adequate controls against the diversion, theft, and loss of marijuana or marijuana delivery devices, a medical marijuana treatment center shall:
b. Maintain a video surveillance system that records continuously 24 hours a day and meets the following criteria:
(g) To ensure the safe transport of marijuana and marijuana delivery devices to medical marijuana treatment centers, marijuana testing laboratories, or qualified patients, a medical marijuana treatment center must:
1. Maintain a marijuana transportation manifest in any vehicle transporting marijuana. The marijuana transportation manifest must be generated from a medical marijuana treatment center’s seed-to-sale tracking system and include the:
g. Name and signature of the medical marijuana treatment center employees delivering the product.
(h) A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public place, except:
2. A medical marijuana treatment center may engage in Internet advertising and marketing under the following conditions:
(i) Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website:
This piece of the text covers the requirements for medical marijuana treatment centers, so patients usually won’t need to worry about it. It is interesting that medical marijuana treatment centers are not allowed to dispense from their premises between 9pm and 7am although they can deliver 24 hours and it also puts limits on the physical and internet advertising of medical marijuana treatment centers.
(9) BACKGROUND SCREENING.—An individual required to undergo a background screening pursuant to this section must pass a level 2 background screening as provided under chapter 435, which, in addition to the disqualifying offenses provided in s. 435.04, shall exclude an individual who has an arrest awaiting final disposition for, has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to an offense under chapter 837, chapter 895, or chapter 896 or similar law of another jurisdiction.
This portion lists the requirements for background screenings for anyone required to take one (medical marijuana treatment center employees, caregivers, etc).
(f) The department may impose reasonable fines not to exceed $10,000 on a medical marijuana treatment center for any of the following violations:
This is another section mainly focused on the medical marijuana treatment centers. It lists the requirements for inspections and the penalties for violations.
(11) PREEMPTION.—Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection.
In this piece, the state basically reserves the right to rule on every aspect of medical marijuana treatment centers except for the instances listed.
Penalties for those who break these laws are discussed here. Fraudulently representing a qualifying medical condition to a doctor in order to get a qualifying medical condition, using medical marijuana in public view, or acquiring or using non-medical marijuana is a first degree misdemeanor.
Here they list the penalties for those who pretend to represent a medical marijuana treatment center, or sell unlicensed / counterfeit medical marijuana treatments.
Here they just cover the possible conflicts with other laws. One important point is that registering for medical marijuana does not prevent one from being prosecuted for being impaired while driving for example or being required to take a test to prove such (blood test, urine test, etc).
The important thing here is that employers are not required to allow medical marijuana use in the workplace and it is not considered “wrongful discharge” to fire an employee who violates the policy.
Nothing really relevant for patients here.