With the passage of Amendment 2 in 2014, marijuana is legal in Florida but only for medical purposes. Recreational use is still illegal in Florida. Now, persons 21 and older with a qualifying medical condition can purchase or smoke medical marijuana in Florida. Let’s find out more in detail about Florida’s medical marijuana laws.

Key Laws

• Compassionate Medical Cannabis Act or Senate Bill 1030
• Senate Bill 1700
• Senate Bill 307
• Amendment 2
• Senate Bill 8-A
• Senate Bill 182
• Florida Medical Marijuana Recreational Use Amendment

Act Name: Compassionate Medical Cannabis Act
Signed by: Governor Rick Scott.
Year of passing: 2014

In 2014, Governor Rick Scott signed the Compassionate Medical Cannabis Act, or Senate Bill 1030, to allow for the medical usage of low-THC cannabis produced from the strain of cannabis known as Charlotte’s Web. The bill defines low-THC cannabis as having no more than 0.8% of THC and 10% of CBD. The Act allows the use of marijuana for people who have epilepsy, cancer, and amyotrophic lateral sclerosis (ALS), known as Lou Gehrig’s disease.

The bill allows Florida-licensed allopathic and osteopathic physicians to recommend low-THC cannabis to patients. Their patient must be in Florida. The bill also charges a first-degree misdemeanor penalty for physicians who recommend low-THC cannabis for patients without a strong reason.

The Department of Health must create a registry to register physicians and patients recommending or using low-THC cannabis. So that dispensing organizations can check the registry of the patient’s authenticity before dispensing low-THC cannabis. Dispensing organizations are the organizations that cultivate, process, and dispense low-THC cannabis.

The governor signed Senate Bill 1700 to protect the privacy of doctors prescribing low-THC marijuana and their patients who qualify.

In March 2016, the Florida Legislature passed State Bill 307, which expanded the Compassionate Medical Cannabis Act. State Bill 307 allowed only terminally ill patients to access the full strength of marijuana, but two doctors must determine the first patient to have less than a year to live.

With the passage of Amendment 2, Florida fully legalize medical marijuana in the state. Now registered patients can use higher THC medical marijuana to treat their medical conditions.

Amendment 2 requires the Florida DOH (Department of Health) to establish rules for the production, ordering, and sales of medical marijuana by July 3, 2017, and to implement those rules by October 2017. This also includes issuing Florida medical marijuana cards to qualified patients and registering licensed doctors to prescribe medical cannabis or marijuana.

Regulations allow people to buy cannabis oils, sprays, or pills rather than smokable cannabis, as smoking, vaping, and edibles are prohibited.

Senate Bill 8-A provides an exemption from the state tax on sales, use, and other transactions for medical marijuana. Registered patients don’t need to pay taxes on marijuana purchases. Additionally, patients can also purchase marijuana delivery devices that are used for medical purposes.

Senate Bill 182 allows a qualified physician to determine that smoking is an appropriate option for the patient consuming medical marijuana. Patients must sign an updated consent form before placing smokable marijuana in the Medical Marijuana Use Registry.

What Are The Restrictions?

• Smokable medical marijuana must remain in its original plain, white packaging.
• Patients can not smoke medical marijuana in public or in an indoor workplace.
• A landlord may restrict or limit smoking or vaping medical marijuana on their property.

In 2022, the Florida Medical Marijuana Recreational Use Amendment was introduced in the ballot session that offers the recreational use of marijuana to adults aged 21 and over, but it failed to get enough signatures.