Is Weed Legal in Florida?

There is a significant difference between medical and recreational marijuana. Here are some key things you should know.

Medical marijuana treats specific conditions and symptoms, while recreational marijuana is usually used for enjoyment purposes.

In addition, medical marijuana contains cannabidiol (CBD) and tetrahydrocannabinol (THC), active ingredients with medicinal effects. For example, CBD can help various health conditions such as:

• Chronic pain
• Anxiety
• Insomnia
• Inflammation
• Migraines
• Epilepsy
• Depression

On the other hand, THC can help treat the following health problems:

• Nausea
• Vomiting
• Pain
• Loss of appetite, particularly among individuals living with HIV
• And many more

It is worth noting that recreational marijuana also contains these active ingredients at higher levels than medical marijuana.

That explains why recreational marijuana tends to have more potent effects on the human body, impairing certain body and mental functions after consumption.

So, if you're considering using marijuana for medicinal purposes, you should consult a healthcare professional to determine whether it's right for you. Alternatively, if interested in using marijuana recreationally, especially in Florida, you should keep in mind that this type of marijuana is still illegal in the State and also federally.

To put things into perspective, possession of small amounts of marijuana (less than 20 grams) in Florida is considered a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. However, possessing larger amounts of weed (over 20 grams) can lead to more serious charges, including a 5-year jail term and a $5000 fine.

You can obtain a medical marijuana card in Florida through the Office of Medical Marijuana Use, a branch of the Florida Department of Health. To do this, you will need to fill out an application for a medical marijuana card, which must be certified by a licensed physician.

The department reserves the right to approve or reject the application after submission. If approved, the patient receives the card that allows them to purchase medical marijuana legally from a licensed marijuana dispensary in the State.

You can obtain a medical marijuana card if you have a debilitating medical condition as determined by a licensed physician. But this does not mean that medical marijuana can help manage every serious condition you suffer from. In other words, the doctor must certify that the patient suffers from a qualifying condition and that medical marijuana is a likely remedy.

Some examples of the qualifying conditions for a medical marijuana card include but are not limited to the following:

• Cancer
• Chronic pain
• Post-traumatic stress disorder (PTSD)
• epilepsy
• HIV/AIDS

To obtain a medical marijuana card in Florida, you must:

• Be at least 21 years old
• Be a permanent or seasonal resident of the State
• Be diagnosed with a qualifying medical condition
• Be entered into the Florida Medical Marijuana Use Registry
• Get a Medical Marijuana Use Registry Identification Card

No, it is illegal to share your medical marijuana with another person in Florida. Bear in mind that medical marijuana is considered the same as any other form of prescription. You should not share it with anyone even if they suffer from similar health problems.

Violating the State's marijuana laws can result in a felony charge and up to five years in prison. For this reason, it's important to be aware of the risks before you consider sharing your medical marijuana with someone else.

While it may be tempting to share your medical marijuana with a friend or family member who is also struggling with a health condition, it's simply not worth the risk. Besides the possibility of going to jail and paying hefty fines, you also risk losing your medical marijuana card if you violate these laws.

However, it's understandable that you may want to help a friend or family member struggling with similar health problems. In that case, you should advise them to consult their primary physician for guidance.

In Florida, as in many other states, the use of marijuana is still illegal under federal law.

However, since the State has legalized marijuana for medical use, it can be confusing to know what's allowed in the workplace. Generally, Florida employment laws allow employers to set their own policies about drug use in the workplace. So if an employee uses medical marijuana in Florida, the employer may choose to or not allow it in the workplace.

That said, this issue is widely considered a gray area, and that's because the State is still developing newer laws regarding marijuana consumption and possession. To put things into perspective, recreational marijuana in Florida was legalized in 2016, meaning it is still a new (and often controversial) subject in most communities.

In addition, the Americans with Disabilities Act (ADA) prohibits discrimination against employees with certain medical conditions. That explains why some courts have held that employees with a valid medical marijuana card may be protected under the ADA.

An employer should consider whether an employee's use of medical marijuana at work could impact job performance or create safety concerns in the workplace. For example, suppose the employee works in a hazardous environment or operates heavy machinery. In that case, being under the influence of medical marijuana could pose a safety risk for the worker and their colleagues.

Employers may take action to prohibit or restrict employees from using medical marijuana at work. And when that happens, such actions by the employers will not be considered a violation of the State's employment laws.

Remember, Florida is an “at-will” employment state, giving employers more freedom to run their businesses as they please as long as they do not violate local, State, or federal labor and employment laws.

No, Florida does not accept out-of-state medical marijuana cards. However, seasonal residents can apply for medical marijuana registry cards.

Per Florida's residency laws, a seasonal resident is an individual who lives in the State temporarily for at least 31 consecutive days during each calendar year.

The individual is also required to maintain temporary residence in Florida and return to their State of permanent residence at least once during each calendar year. Lastly, they should pay income tax or be registered to vote in another state, usually their State of permanent residence.

Because Florida is an “at-will” employment state, employers can fire employees for using marijuana, even if they have a medical marijuana card. However, this is still one of those gray areas regarding medical marijuana and employment laws in Florida.

In addition, employers cannot contact the employee's doctor to determine whether the said employee has a medical marijuana card. Doing so would violate the Health Insurance Portability and Accountability Act (HIPAA), which could spell more trouble for the employer.

Marijuana dispensaries in the Sunshine State can only sell marijuana to patients with valid medical marijuana cards. Without this card, you cannot purchase marijuana products from a dispensary in the State.

A Florida medical marijuana dispensary card costs around $75, but this does not include the renewal fee when it expires. You can only get this card when you apply with the Florida Department of Health's Office of Medical Marijuana Use. 

Marijuana is classified as a Schedule I drug under Florida law. Therefore, it is illegal to drive under the influence of this substance, whether medical or recreational. This is because marijuana impairs your driving ability, slows your reaction time, and decreases your coordination skills. 

As mentioned earlier, employers in Florida are not required by law to accommodate employees who use medical marijuana, even if they have a valid card. Therefore, if you fail an employment drug test for marijuana, you could lose your job, even if you have a medical marijuana card. The best way to handle such a situation is by having an open discussion with your employer about your consumption of medical marijuana.