Florida Medical Marijuana Card

Is Medical Marijuana Legal In Florida?

Yes, medical marijuana became legal in Florida when Governor Rick Scott signed the Compassionate Medical Cannabis Act into law on June 26, 2014. The Act permitted residents suffering from muscle spasms, cancer, epilepsy, and chronic seizures to use low-THC cannabis products recommended by qualified physicians. In 2016, the state's medical marijuana program was expanded by the Right to Try Act which permitted qualified doctors to prescribe full-strength marijuana to patients with terminal illnesses.

In 2017, the qualifying conditions under the Florida medical marijuana program were expanded when Governor Rick Scott signed Senate Bill 8A into law, establishing guidelines for Amendment 2. Florida's medical marijuana program is administered by the state's Department of Health's Office of Medical Marijuana Use (OMMU).

How to Get a Medical Marijuana Card in Florida in 2024

Qualifying Conditions for Medical Card in Florida

Medical marijuana in Florida is open to both permanent and seasonal residents who are certified as suffering from any of the approved qualifying medical conditions. Such persons must be aged 18 or older, or if under 18, have designated adult caregivers to purchase or administer medical marijuana on their behalf. The following are the approved conditions for which residents may be approved to use medical marijuana in Florida in 2024:

• Epilepsy
• HIV
• AIDS
• Cancer
• Amyotrophic Lateral Sclerosis (ALS)
• Post-Traumatic Stress Disorder (PTSD)
• Parkinson's disease
• Crohn's disease
• Multiple Sclerosis
• Medical conditions of the same type or class as, or comparable to, those listed above
• Chronic nonmalignant pain resulting from a qualifying medical condition or originating from a qualifying medical condition persisting beyond the normal cause of that qualifying medical condition
• A terminal medical condition diagnosed by a physician other than the qualified medical practitioner issuing the required medical marijuana certification

Note that Florida does not offer medical marijuana reciprocity for out-of-state patients. Hence, medical marijuana patients with out-of-state medical marijuana cards cannot legally purchase medical marijuana in the state.

Can I Apply For A Medical Marijuana Card In Florida Online?

Yes. Rather than use a paper application, you may apply for a Florida medical marijuana card online via the OMMU website. The MMUR linked to the FLHSMV demographic database makes online application processing faster and more efficient. Note that medical marijuana certifications may not be issued via telehealth or telemedicine. Florida law requires initial applications for medical marijuana certifications to be done during an in-person appointment.

How Do I Register With the Florida Medical Marijuana Program?

You can register with the Florida medical marijuana program by submitting an application to the Office of Medical Marijuana Use online or via a paper application. The OMMU is the state agency overseeing the Florida medical marijuana program. For your application to be successful, you must meet the criteria stipulated under the program rules. You must be a permanent or seasonal Florida resident and be diagnosed with a qualifying condition to be eligible to enroll in the program.

Do I Need To Be A Florida Resident To Get A Medical Marijuana Card?

You must be a seasonal or permanent Florida resident to get a medical marijuana card under the state's medical marijuana program. The state defines a seasonal resident as an individual who:

• Maintains a temporary residence in Florida jurisdiction;
• Returns to the jurisdiction at least once every calendar year;
• Lives in the state for a minimum of 31 consecutive days in every calendar year; and
• Is registered to vote or pay income tax in another state or jurisdiction

What Is The Cost Of A Florida Medical Marijuana Card?

The cost of a medical marijuana card (for a qualified patient or a caregiver) in Florida is $75. An individual applying by mail may pay this fee via money order or check made out to "Florida Department of Health" with the applicant's patient identification number added in the memo line. For an application completed online, payment may be made via debit or credit card on the medical marijuana use registry. There are currently no provisions for reduced application fees for indigent residents or veterans in the Florida marijuana laws. The renewal fee for an MMJ card is also $75.

What Do You Need When Visiting A Medical Marijuana Dispensary In Florida?

When you visit an MMTC in Florida, you must take along your medical marijuana use registry identification (MMJ card), a State of Florida-issued ID card, and either a debit card or cash to pay for marijuana products. Although some dispensaries accept debit cards, it is recommended that you take cash with you on your first visit. Federal regulations often prohibit banks from processing marijuana-related transactions made with debit and credit cards. To help buyers avoid this restriction, ATMs are available at several medical marijuana dispensaries for their convenience.

Who Can Prescribe Medical Marijuana In Florida?

Medical marijuana (MMJ) card applicants must obtain medical marijuana certifications from qualified doctors before completing their MMJ card applications. During the appointment with a medical practitioner, the physician will review an applicant's medical records and may conduct some tests to confirm that the applicant suffers from one or more of the approved medical conditions.

Physicians must complete a 2-hour course and examination administered by the Florida Medical Association and the Osteopathic Medical Association in order to qualify to issue medical marijuana certifications. The Office of Medical Marijuana Use provides a list of qualified physicians who have completed the required training on its website. MMJ card applicants may also use the medical marijuana qualified physician search tool on the OMMU website to locate approved physicians by specialty or location.

Can A Minor Get A Medical Marijuana Card In Florida?

Yes. If you are under 18 and intend to obtain a medical marijuana card in Florida, you must designate an adult caregiver in your application and the medical marijuana use registry to obtain and administer medical marijuana on your behalf. While applying, you must submit a certified copy of a birth certificate or a current registration record from a Florida K-12 school and a copy of your legal guardian or parent's valid Florida driver's license or ID card. The designated caregiver must also submit a caregiver application to the Florida Office of Medical Marijuana Use. For more information on requirements for caregivers during MMJ card applications, review Section 381.986(6) of the Florida Statutes.

Can You Get A Medical Marijuana Card At 18 In Florida?

Yes. Minors, who are approved medical marijuana users in Florida, can get their own medical marijuana cards when they turn 18. When applying for their cards at 18, they will not require the consent of their parents or guardians and do not have to designate caregivers.

How To Renew Your Florida Medical Marijuana Card

To maintain a valid medical marijuana card, a patient or caregiver must submit an annual renewal application, the application fee, and any supporting papers 45 days before the card's expiry date. The validity of a Florida MMJ card is one year from the date of issuance. The expiration date is printed in front of the MMJ card. Patients and caregivers may renew their MMJ cards online or by mail. Persons applying using paper forms are advised to ensure that the Renewal Application box is ticked at the top of page 3 of the paper application.

Online MMJ card renewal applications are completed via the Florida medical marijuana use registry. For a step-by-step guide on completing a renewal application, review the Application Renewal Instructions guide on the OMMU website.

Can You Grow Medical Marijuana In Florida?

No. Per Florida marijuana laws, it is illegal for Floridians to grow marijuana for medical or recreational use. Although a Leon County judge ruled that a patient could grow marijuana for medical marijuana use in 2018, the Florida 1st District Court of Appeal overturned the County Circuit's ruling in April 2019. Since then, Florida has not considered an appeal of the matter.

Does Florida Allow Medical Marijuana Patients To Designate Caregivers?

Yes, the Florida medical marijuana program permits residents under the age of 18 to assign designated caregivers to help them obtain and administer medical marijuana. Per Section 381.986 (1)(a) of the Florida Statutes, a caregiver refers to a resident of the State of Florida who has agreed to help with a qualified patient's medical use of marijuana.

• A caregiver under the Florida medical marijuana program must possess a caregiver identification card and:
• Not be an approved physician, employed by or have an economic interest in a marijuana testing laboratory or an MMTC (medical marijuana treatment center)
• Be aged 21 or older and a State of Florida resident
• Agree in writing to assist with the patient's medical use of marijuana
• Be registered in the Florida medical marijuana use registry as a caregiver for no more than one patient
• Successfully complete a certification course administered by the Department of Health or its designee, which must be renewed biennially
• Complete and pass a background screening, except where the patient is a close relative of the caregiver

Caregivers are designated by qualified patients and not the state. Per Florida law, an individual may not be registered as a caregiver for more than one qualified patient unless:

• The individual is a legal guardian or parent of two or more minors who are qualified patients
• The individual is a parent or legal guardian of several adults with intellectual or developmental impairments that hampers their ability to protect or care for themselves without support or supervision
• All qualified patients the individual has agreed to assist are admitted to a hospice program and have requested assistance with the medical use of marijuana; the caregiver is an employee of the hospice; and the caregiver provides direct personal care or other services to hospice clients as part of that employment
• All qualified patients the individual has agreed to assist are enrolled in a research program in a teaching nursing home under Section 1004.4351 of the Florida Statutes

Note that caregivers are prohibited from receiving compensation for any services provided to qualified patients other than actual expenses incurred. Caregivers under the Florida medical marijuana program must always be in immediate possession of their medical marijuana use registry identification cards when in possession of marijuana or marijuana delivery devices.

Florida Medical Marijuana Reciprocity

While medical marijuana is legal in several states in the United States, Florida does not recognize out-of-state medical marijuana cards. Hence, you cannot use an out-of-state medical marijuana card to purchase medical cannabis in Florida. If you are caught buying marijuana in an MMTC in Florida with an out-of-state card, you may face felony charges.

Are My Medical Marijuana Records Private?

Per Section 381.987 of Florida Statutes, the medical marijuana records maintained by the OMMU under the state's medical marijuana program are confidential and not subject to open record laws. The Department allows access to confidential information to law enforcement agencies investigating a law violation related to marijuana in which the subject of the investigations claims a medical marijuana exception.

Also, your medical marijuana records are protected under the HIPAA (Health Insurance Portability and Accountability Act). Your information is only accessible by your physician, the Florida Department of Health, MMTCs, and law enforcement in specific circumstances.

Does Insurance Cover Medical Marijuana In Florida?

No. Medical marijuana costs in Florida are not covered by insurance.

What Is The Medical Card Limit In Florida?

With a Florida medical marijuana registry ID card, you can purchase a 70-day supply of non-smokable marijuana or 2.5 ounces of smokable marijuana.

Can You Go To A Dispensary Without A Medical Card In Florida?

Only individuals with active Florida medical marijuana cards can purchase marijuana in the state. Recreational marijuana is illegal; hence, only qualified individuals with verifiable identities are allowed to access cannabis.