What is medical marijuana?
Florida law defines medical marijuana as all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
In Florida, medical marijuana is distinct from low-THC cannabis in that it can contain significant amounts of tetrahydrocannabinol (THC). THC is the chemical compound that causes the “high” commonly associated with cannabis. Unlike low-THC cannabis, the consumption of medical marijuana can lead to potent psychoactive effects in patients.
Who qualifies for medical marijuana?
A qualified physician may only order medical marijuana for a patient with a qualifying condition that is diagnosed by the patient's physician.
Qualifying conditions include:
The medical use of medical marijuana does NOT include the following:
- The possession, use or administration of medical marijuana by smoking.
- The transfer of medical marijuana to a person other than the qualified patient for whom it was ordered or their legal representative.
- The use or administration of medical marijuana on any form of public transportation, in any public place, in a qualified patient's place of employment, if restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus or vehicle.
The medical use of medical marijuana does NOT include the following as stated in Section 381.986(1)(j), F.S.:
- Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.
- Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping.
- Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification.
- Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient.
- Use or administration of marijuana in the following locations:
- a. On any form of public transportation, except for low-THC cannabis.
- b. In any public place, except for low-THC cannabis.
- c. In a qualified patient’s place of employment, except when permitted by his or her employer.
- d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241.
- e. On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062.
- f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis