Where Can MMJ Cardholders Legally Use Medical Marijuana in Florida?

While recreational use in Florida is still illegal, the Florida Medical Marijuana Legalization Initiative, known as Amendment 2, was passed on November 8, 2016 with a 70% vote. This law incorporated a broader range of qualifying conditions for which greater regulation became necessary. With so many new patients since the legalization of medical marijuana in Florida, many have wondered where they can or cannot use cannabis. Below we discuss acceptable forms of cannabis, and certain regulations, including where Florida’s medical marijuana patients can use cannabis and where they cannot.1

Medical Marijuana (MMJ) is used to treat a number of qualifying conditions. Those explicitly defined in Florida’s medical marijuana law are cancer, epilepsy, glaucoma, HIV, AIDS, seizures, Crohn’s disease, chronic muscle spasms, PTSD, ALS, Parkinson’s disease, and multiple sclerosis. (More on this below and at docmj.com.) Find out if you pre-qualify for a recommendation in just two steps! First, Take our eligibility survey. Once qualified for an in-person exam,  you’ll receive scheduling instructions for a visit to one of our Florida Medical Marijuana Doctors. Completing the survey takes only 5 minutes. Find out if you pre-qualify for a medical marijuana recommendation today!

Florida Regulations

  • Early Florida laws placed a ban on using marijuana in smokable form, though that was since overturned with the passage of SB 182 by Governor Ron DeSantis. Other regulations are defined as follows:
  • Patients must only carry a maximum of 4 oz. of flower at a time. Patients must be 18 years or older, unless they have an approved caregiver.1 “Caregiver” means a resident of this state who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection (6)” of Florida Statute 381.986, Medical Use of Marijuana.2
  • Those carrying concentrates must limit them to a 70-day supply. When visiting Medical Marijuana Treatment Centers (MMTC) or when questioned by law enforcement, patients must show identification and a current medical marijuana card.1
  • Florida MMJ qualifying conditions are:

 

    • Cancer
    • Epilepsy
    • Glaucoma
    • HIV
    • AIDS
    • PTSD
    • ALS
    • Crohn’s disease
    • Parkinson’s disease
    • Multiple sclerosis
    • Terminal condition
    • Chronic nonmalignant pain
    • Medical conditions of the same kind or class or comparable to those enumerated above, including but not limited to:3

 

      • Anxiety
      • Anorexia
      • Arthritis
      • Back Pain
      • Cachexia (Wasting Syndrome)
      • Cyclical Vomiting Syndrome
      • Diabetes
      • Hepatitis C
      • Irritable Bowel Syndrome (with chronic abdominal pain)
      • Lyme Disease
      • Migraine
      • Muscle Spasms
      • Muscular Dystrophy
      • Severe & Chronic Pain
      • Severe Nausea
      • Sickle Cell Anemia
      • Spasticity

Locations Restricted for MMJ Use in Florida

Florida Senate Bill 8A outlines situations and areas in which the use of medical marijuana is prohibited. They are as follows:4

  • On any form of public transportation *
  • In any public place *
  • In the patient’s place of employment (unless permitted by his or her employer)
  • In a state correctional institution
  • On the grounds of a preschool, primary school, or secondary school
  • On a school bus
  • In an aircraft
  • On a motorboat *

*Patients may use cannabis products low in THC in the categories followed by an asterisk. “Low-THC” is defined as “A plant of the genus Cannabis, the dried flowers of which contain .8 percent or less of tetrahydrocannabinol (THC) and more than 10 percent of cannabidiol weight for weight.”6

Can I Use MMJ in My Apartment?

The answer to this question is specific to each landlord. This is because of differences in state and federal laws. Since the Controlled Substances Act classifies marijuana as a Schedule I drug, it is still prohibited at the federal level. According to Grace Hill, a leading property management training service, landlords have to “keep in mind that federal law supersedes state law.” And that “Among other things, this means [they] are not obligated to “permit” breaking federal law to allow a resident to do something that is legal under state law.”7

In addition, according to the Quality Housing and Work Responsibility Act of 1998 (QHWRA) “rental property owners who are receiving assistance from the U.S. Department of Housing and Urban Development are required to deny housing to anyone who is found to be illegally using a controlled substance.”8 Therefore, some residents may face eviction for using medical marijuana. It is important for medical marijuana patients to check with their property owners before assuming they are covered by Florida MMJ state laws.

What About Using MMJ at Work?

A highly-debated topic, medical marijuana is still unprotected by the Americans with Disabilities Act. This is again because of the fact MMJ is still considered a Schedule I drug at the federal level. Senate Bill 8A states: 

“This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. Marijuana, as defined in this section, is not reimbursable under chapter 440.”9

Can I Use MMJ Out of State?

Federal law still prohibits MMJ patients to carry medical marijuana across state lines, even if that state has legalized MMJ. Below is a list of states where recreational marijuana has been legalized (as of this writing), and purchasing marijuana after arrival in those states is completely legal:10

  • Alaska
  • Colorado
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington
  • Washington, D.C.

 

Is Medical Marijuana Right for Me?

Whether medical marijuana will help your condition depends on many factors best evaluated by a medical doctor. If you feel you may benefit from medical marijuana, the first step is to take our eligibility survey. In just 5 minutes, you could pre-qualify for a Florida medical marijuana recommendation. A Florida Marijuana Marijuana Doctor can then determine if you qualify during an in-person exam. For more information, visit https://docmj.com.

  1. https://weedmaps.com/learn/laws-and-regulations/florida/
  2. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.986.html
  3. https://docmj.com/
  4. https://www.flsenate.gov/Session/Bill/2017A/8A/BillText/er/HTML
  5. https://www.cannamd.com/important-florida-medical-marijuana-rules/
  6. https://www.flsenate.gov/Session/Bill/2017A/8
  7. https://www.cannamd.com/tenant-rights-medical-marijuana-in-florida-apartments/
  8. https://www.cannamd.com/important-florida-medical-marijuana-rules/
  9. https://www.cannamd.com/can-i-use-medical-marijuana-at-work-in-florida/
  10. https://www.cannamd.com/important-florida-medical-marijuana-rules/