Yes. The cultivation of cannabis for medical use is legal in Citrus County, as per Florida’s Amendment 2, which contains the state’s medical marijuana program. Consequently, the provisions on the medical use of marijuana can be found under Section 381.986 of the 2022 Florida Statutes. Meanwhile, recreational use of marijuana remains illegal in the state.
The Office of Medical Marijuana Use (OMMU) under the Florida Department of Health (DOH) is the agency responsible for creating and implementing the rules for medical marijuana, managing the Medical Marijuana Use Registry (MMUR), and issuing licenses to Medical Marijuana Treatment Centers (MMTCs).
MMTCs licensed by the OMMU are the only businesses allowed to cultivate, process, and dispense medical marijuana to qualifying patients and caregivers. Specifically, an MMTC must secure cultivation authorization to grow cannabis lawfully. They are not permitted to contract any profit-sharing agreement with the owner or lessor of the cultivation facilities. In cultivating cannabis, the MMTC shall grow marijuana in an enclosed structure and a separate room from any other plant. Its cultivation or processing facility must not be located within 500 feet of a private or public elementary, middle, or secondary school.
Cannabis cultivators must have the technical and technological knowledge and ability to cultivate marijuana and low-THC cannabis. They are accountable for all raw materials, finished products, and other byproducts to prevent unlawful access to these substances. They shall use pesticides approved by the Florida Department of Agriculture and Consumer Services (FDACS), that are safely applied to plants and intended for human consumption. To further protect the marijuana plant, the MMTC shall inspect the seeds and growing plants for pests, perform fumigation or treatment, and remove infected or infested plants.
Since MMTCs are the only entities allowed to cultivate cannabis plants, any person, whether a qualified patient or caregiver, who tends marijuana shall be penalized. The DOH is even empowered to revoke the registration of the qualified patient or caregiver who violates this provision on growing marijuana.
Yes. Medical Marijuana Treatment Centers are also authorized to manufacture cannabis in Florida. To legally process cannabis, the MMTC must obtain processing authorization. An MMTC applicant must possess a valid certificate of registration from the FDACS and be able to secure the resources, premises, and personnel necessary to operate as an MMTC processing medical cannabis.
Like when cultivating marijuana, the MMTC must process marijuana in an enclosed structure and a room distinct from other plants or products. The processors shall comply with the laws set forth by the DOH on using hydrogen solvents or other gases or solvents that are toxic to humans, and the rules for solid and liquid wastes. The latter relates to the procedures for the proper storage, handling, transportation, management, and disposal of solid and liquid waste caused during cannabis production and processing. Before medical cannabis is dispensed, it must be tested by a medical marijuana testing laboratory and verified and signed by two MMTC employees.
The packaging of medical cannabis must comply with the U.S. Poison Prevention Packaging Act of 1970. The label of the packaged medical cannabis must state the product name, dosage, and concentration of tetrahydrocannabinol (THC) and cannabidiol (CBD). In addition to this information, the product must indicate the MMTC from which the marijuana came, the batch and harvest numbers, and the date dispensed. The processor shall affix a warning sign to the cannabis product that it is unlawful to transfer medical cannabis to another person.
Yes. Dispensing low-THC cannabis or medical cannabis can only be done by licensed MMTC with dispensing authorization from the OMMU. The dispensary may only sell medical cannabis to a qualified patient who is 18 years old and above and if the patient is a minor, to their designated caregiver. The dispensary’s agents or employees must verify that the patient or caregiver has an active registration in the MMUR and a valid MMUR identification card. In doing so, they must check if the amount and type of cannabis to be dispensed matches the physician certification in the registry for the patient and that the physician certification has not yet been filled.
Medical cannabis can be sold as edibles, concentrates, oils, vapes, tinctures, capsules, rubs, topicals, and flowers. Edibles produced and dispensed by an MMTC may not have over 200 mg of THC, and a single serving of an edible may not be more than 10 mg of THC. Its potency variance shall not exceed 15%. Manufacturers and dispensaries may not produce or sell edibles attractive to children. This means that the product must not be shaped or packaged in the shape of cartoons, humans, animals, or any form resembling commercially available candy.
The dispensary may not sell an amount of medical cannabis exceeding a 70-day supply within any 70 days to a qualified patient or designated caregiver. Moreover, no more than a 35-day supply of medical marijuana in the form of smoking may be dispensed within any 35 days to a qualified patient or caregiver; the amount must not be more than 2.5 ounces of marijuana. By exception, a qualified physician may request to increase the daily dose amount of cannabis, the 35-day supply limit of cannabis for smoking, and the 4-ounce possession limit of cannabis for smoking.
Rule 64ER22-8 of the Florida Administrative Code provides for the dosing and supply limits of medical marijuana in the state:
Route of Administration | Daily Dose Amount | 70-Day Supply Limit |
Edibles | 60 mg THC | 4,200 mg THC |
Inhalation (e.g. vaporization) | 350 mg THC | 24,500 mg THC |
Oral (e.g. capsules, tinctures) | 200 mg THC | 14,000 mg THC |
Sublingual (e.g. tinctures) | 190 mg THC | 13,300 mg THC |
Suppository | 195 mg THC | 13,650 mg THC |
Topical (e.g. creams) | 150 mg THC | 10,500 mg THC |
Marijuana in the form of smoking | 2.025 grams | N/A |
Yes. Licensed medical marijuana treatment centers and their agents may transport and deliver marijuana to qualified patients and designated caregivers. While MMTCs are restricted in dispensing cannabis products from 9:00 p.m. to 7:00 a.m., they may deliver medical cannabis to qualified patients 24 hours a day.
MMTCs shall maintain the transportation manifest used in delivering marijuana to ensure the safe transport of marijuana to qualified patients. The manifest shall be generated from the MMTC’s seed-to-sale tracking system and include the name and address of the recipient, the type and amount of marijuana, and the departure and arrival times, among others.
Qualified patients must obtain an active MMUR identification card to purchase and possess medical marijuana. The patient must be a resident of Florida, diagnosed by a qualified physician with any of the qualifying medical conditions, and entered into the Medical Marijuana Use Registry. The MMUR is a secure online database for registering qualified patients and caregivers.
The physician certification serves as proof that a qualified medical practitioner has authorized a patient to receive medical marijuana to alleviate the latter’s symptoms. It is required that the physician has conducted a physical examination and thoroughly assessed the patient's medical history while being physically present with the patient. The doctor must determine and ascertain that the medical use of marijuana would benefit the patient’s health, outweighing the potential health risks for the patient. As for minors, two physicians must concur with this determination.
For a patient to receive medical marijuana or marijuana delivery devices, they must be diagnosed with any of the following qualifying medical conditions:
Patients and caregivers may apply for an MMUR ID through an online or paper application.
To find more information on navigating the registry, the OMMU has provided instructional guides on its website.
Office of Medical Marijuana Use
Weekdays (7:00 a.m. - 6:00 p.m., EST): 850-245-4657
Weekdays (8:00 a.m. - 6:00 p.m., EST): 800-808-9580
FAX: 800-808-9580
*E-mail: MedicalMarijuanaUse@flhealth.gov *
Patient and Caregiver ID Card Applications & Accompanying Documents:
PO Box 31313
Tampa, FL 33631-3313
The Florida Department of Revenue (DOR), the state agency concerned with taxes, does not impose cannabis-specific sales or use taxes on medical marijuana and marijuana delivery devices.
In May 2023, a Florida newsweekly reported that the medical cannabis industry in the state is valued at approximately $1.8 billion. In the previous year (2022), the DOR said that medical marijuana sales garnered more than $60 million in sales tax revenue, a 20% increase compared to 2021.
The Compassionate Medical Cannabis Act was enacted in 2014, the first legislation providing for the medical marijuana program in the state. In 2016, the provisions of Florida’s Amendment 2 expanded the state’s medical marijuana program.
According to the FBI Crime Data Explorer, 250 driving under the influence (DUI) arrests in 2017 were recorded by the Citrus County Sheriff’s Office. By 2019 and 2020, the DUI arrest decreased to 196 and 233, respectively. There was no record of DUI arrests in 2018.
With the lack of data regarding the illegal possession, sale, and manufacturing of marijuana in Citrus County, we look into the statewide data available. In 2017, there were 135 arrests for the illegal possession of marijuana in the state. Then, in 2019 and 2020, the number of arrests for the same offense reduced to 74 and 16.
As for the illegal sale/manufacturing of marijuana in Florida, 3 arrests were made by the authorities in 2017. Then, in 2019 and 2020, 2 and 1 arrests were reported for the same unlawful act.