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Originally Posted On: https://www.muvfl.com/post/smokable-cannabis-florida

Joints, pre-rolls, bowls, water pipes – no matter your method of choice, smokable cannabis flower reigns supreme. While it is the most popular medical marijuana option, the rules around obtaining flower and where exactly you can consume it remain a bit hazy. Take a deep dive into Florida flower: the laws, the amendments, medicating rules, and how flower is dispensed.

Who Can Get Medical Marijuana In Florida?

There are myriad conditions that could allow for a medical marijuana card in Florida. As of January 2022, a few of the qualifying conditions include:

• Seizures
• Post-traumatic stress disorder (PTSD)
• Cancer
• HIV/AIDS
• Parkinson’s disease
• Multiple sclerosis (MS)
• Crohn’s disease
• Epilepsy
• Amyotrophic lateral sclerosis (ALS)
• Glaucoma
• Chronic nonmalignant pain
• Terminal illnesses

If you’re uncertain about whether you qualify, speak with a qualifying physician. Research suggests more and more afflictions may be eased by marijuana [1], so don’t assume that you don’t have access just because your particular health problem isn’t on this list.

Explore Florida’s Current CBD And THC Legislation

Whether you’re looking for smokable flower, creams, or edibles, it’s important to stay up to date on the current statewide marijuana laws. With this in mind, we’ve compiled a comprehensive guide to Florida medical marijuana laws that you need to know before you head down to a dispensary for the first time.

Cannabis flower is only permissible to possess and use for medical purposes. Provisions have been added to Florida law that allows for the medicinal use of marijuana by qualified residents.  In the Sunshine State, recreational marijuana is illegal.

This isn’t due to a lack of trying. At the start of 2020, Florida Senator Jeff Brandes introduced a new (and highly promising) bill, SB 1860 [2]. Had it passed, it would have legalized the recreational use and possession of smokable flower. SB 1860 would have allowed any Florida resident over the age of 21 to legally use cannabis. Unfortunately, SB 1860 bill died on the floor, and recreational cannabis continues to be illegal.

What Marijuana Laws Have Been Passed In Florida?

Considering that medical marijuana is legal in Florida, many are confused about what laws have been passed relating to cannabis and what’s legal for use. In total, Florida has four key medical marijuana laws:

The Compassionate Medical Cannabis Act (also known as The Florida Marijuana Act), the Florida Medical Marijuana Legalization Initiative (or Amendment 2), State Bill 1030, and State Bill 182.

The Compassionate Medical Cannabis Act

Thanks to The Compassionate Medical Cannabis Act, formally known as Senate Bill 1030 (and sometimes called The Florida Marijuana Act), medical cannabis was made legal in Florida in 2014 [3].

With the passing of this bill, approved Florida residents could buy and possess cannabis products containing a low level of THC. Additionally, The Compassionate Medical Cannabis Act allows physicians to legally order and prescribe low-THC cannabis products to patients in their care.

Florida Medical Marijuana Legalization Initiative

The current medical marijuana program in Florida can be attributed to the Florida Medical Marijuana Legalization Initiative, which is often simply called Amendment 2. Amendment 2 ensures that qualified medical marijuana patients are legally protected, as well as attending physicians, caregivers, and dispensaries [4]. According to Amendment 2, for someone to receive medical marijuana, they must be diagnosed with a qualifying condition; these conditions are outlined in the legislation.

State Bill 182

If you’re interested in smokable flower, State Bill 182 is perhaps the most important law to be aware of. Prior to SB 182 being passed in 2019, Florida residents could not legally smoke cannabis, even if it was to treat a qualifying condition [5]. Instead, patients were restricted to vapes, aerosols, ointments, and tinctures with low concentrations of THC.

SB 182 is the law that legalized smokable flower. This bill also made it so that qualifying patients can purchase a maximum of 2.5 ounces of flower every 35 days.

In 2022, the Department of Health updated the Medical Marijuana Use Registry to be consistent with the exact language of the law. As of April 5, 2022, instead of having an open order each 35 days, they will be rolling orders. This means that your flower order begins when a purchase is made – so, if you purchased 1 oz. on April 7th and no other flower during the 35-day period, the 1 oz. will be added back to your order on May 12th.

Do Florida Dispensaries Sell Flower?

Florida law states that medical cannabis patients must acquire flower (and other cannabis products) from a “licensed dispensary,” which is also known as a marijuana treatment center. These centers are subject to heavy regulation by the Florida Department of Health.

If you’d like to purchase smokable flower at a marijuana treatment center, you’ll need to present a state-issued MMUR Identification Card. Those looking to use smokable flower should make sure to purchase lab-tested products.

Aside From Flower, What Forms Of Marijuana Are Legal In FL?

Smokable flower didn’t become legal in Florida until 2019, although other forms of cannabis were legal before that point, assuming that they were acquired and possessed legally by qualifying medical patients.

Now, with the addition of flower, other forms of medical cannabis continue to be available. If you’re an MMUR Identification cardholder but would prefer not to smoke, you can purchase cannabis in forms like:

• Concentrates, vapes, and oils
• Tinctures
• Capsules
• Topicals, balms and creams

As of August 2020, edibles also became legal to process and sell in Florida for medical use [6]. There are some restrictions, including the fact that edibles can’t be colorful or involve sprinkles or other kinds of toppings or fillings. This rule is intended to stop children from accidentally consuming edibles.

Edibles must also fall into one of the following categories:

• Gelatins
• Lozenges
• Chocolate
• Baked goods
• Drink powders

When Did Flower Become Legal In Florida?

Although medical marijuana was first legalized in 2014, smokable flower didn’t become legal in Florida until 2019 [8]. This was thanks to State Bill 182, which was pushed through legislation by Senator Jeff Brandes.

Senator Brandes is the same lawmaker who attempted to pass State Bill 1860 several months later. If SB 1860 hadn’t died in March 2020, it would have legalized recreational marijuana in Florida.

How Much Medical Marijuana Can You Purchase In Florida?

Florida permits MMUR Identification cardholders to purchase up to 2.5 ounces of medical cannabis every 35 days, on a rolling limit. At any given time, patients are allowed to possess a maximum of 4 ounces of cannabis flower. State law says that exceptions to this limit can be made if requested, though no process to make these requests has been established by the Florida Department of Health.

Penalties For Illegal Marijuana Possession In Florida

While medical marijuana is legal in Florida, there are still strictly enforced laws surrounding possession and use. The penalties for breaking these laws can be harsh, especially if you’re not in possession of an MMUR Identification Card.

If you’re found to be in possession of 20 grams or fewer of cannabis (without a medical recommendation), you could end up spending one year in prison. The potential fines can vary from county to county, although some locations could issue a fine of up to $1,000.

Still, it’s worth noting that some Florida counties have decriminalized the possession of 20 grams or fewer of cannabis. In these locations, possession will result in a citation and a fine of approximately $100 rather than a year of jail time. But this is only for the first offense. That fine rises to around $200 for a second offense, with punishment becoming more severe each instance.

Those without an MMUR Identification Card in possession of over 20 grams of cannabis face far harsher penalties. These individuals could receive up to five years in prison, as well as a $5,000 fine.

Cannabis Flower In Florida FAQs

Q: If You’re A Medical Marijuana User In FL, Can You Smoke In Public?

A: No one can smoke marijuana in public. Even if you’re a qualified medical marijuana user, it is illegal to consume smokable flower in public. In fact, medicinal cannabis of any kind can’t legally be consumed in a public space. It must be consumed on private property and, if the property is not your own, with the owner’s explicit permission.

Q: Can Someone Other Than The Patient Pick Up Medical Marijuana From A Center?

A: Yes, for designated Caregivers. The state of Florida allows for the appointment of a Caregiver who can visit dispensaries and pick up medical cannabis on your behalf. Caregivers must apply through the Department of Health, much like patients, and pay the state-required fee.
Once your caregiver has  been approved by the state, they are legally permitted to pick up, possess, and administer medical cannabis to you as the patient.

Q: Does Florida Accept Medical Marijuana Cards From Other States?

A: Unfortunately, Florida does not recognize reciprocity with other medical cannabis states. In order to qualify for the medical marijuana program, you must be a permanent or seasonal resident of the state.

Q: Can You Grow Your Own Smokable Flower In Florida?

A: There are strict restrictions on who can and can’t grow cannabis. Commercial growers are required to apply for a license before they can begin cultivating cannabis. MMUR Identification Cardholders, on the other hand, can’t apply for a license to grow their own smokable flower, as home grow is not permitted in Florida.

Visit The Top Licensed Dispensary In Florida

The cannabis market in Florida is expanding rapidly, and more residents are seeing the benefits of smokable flower. At MÜV, we offer patients superior customer service, unique delivery methods, a robust team of patient care representatives, and the highest quality cannabis products available.

To explore what we offer, you can take a look at MÜV’s catalog of medical cannabis products. We also share up-to-date information on acquiring an MMUR Identification Card in Florida, as well as useful information for current patients.