Overview of Key Florida Cannabis Laws
Is medical cannabis allowed? Yes
Is adult-use cannabis allowed? No
Personal Laws
Cannabis has not been decriminalized at the state level in Florida. Only individuals with valid medical marijuana ID cards can possess any amount of cannabis. Without a medical ID card, possessing 20 grams or less of marijuana is penalized as a misdemeanor with a fine of up to $1,000 and up to one year in prison.
Florida offers a seasonal medical marijuana ID card for people who live in Florida for a minimum of 31 consecutive days within a calendar year.
Personal Possession
Registered Medical Patient Possession: No more than a 35-day supply or 4 ounces of marijuana in a form for smoking and no more than a 70-day supply for all other forms. Supply amounts are included in each patient’s physician certification and are determined by the Department of Health based on a daily dose amount.
Non-Florida Resident Purchases and Possession: None
Personal Growing
Personal growing of cannabis is not allowed in Florida.
Registered Medical Patient Growing: None
Registered Caregiver Growing: None
Medical Cannabis Patient Qualification and Registry
Patients are required to register for a medical marijuana ID card. Patients must have a qualifying condition and receive a certification during a face-to-face medical appointment with a registered physician. Physicians may not issue a physician certification for more than three 70-day supply limits of marijuana or for more than six 35-day supply limits of marijuana in a form for smoking.
Qualifying medical conditions include:
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- Post-traumatic stress disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis (MS)
- Medical conditions of the same kind or class as or comparable to the others listed.
- A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.
- Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.
Business Laws
Vertical integration or “license stacking” is required in Florida, which means a company must hold all licenses across the state’s supply chain. However, that requirement is the subject of a court case that is headed to the Florida Supreme Court. Until a decision is made as to whether or not the current system creates an oligopoly and violates Amendment 2, the Florida medical marijuana market is in a state of uncertainty.
Originally, six companies held the only Medical Treatment Center licenses, but additional licenses were granted after Amendment 2 passed. Today, there are 14 approved medical marijuana treatment center license holders operating in 103 locations across the state.
License applicants must be able to prove that they have been registered to do business in the state for the five consecutive years before submitting the application.
License Types
- Medical Treatment Center Licenses
License Fees
Medical Treatment Center License: $60,036 application fee
License Timeline
Florida will issue Medical Marijuana Treatment Center licenses as the number of patients increases within five geographic areas: northeast Florida, northwest Florida, central Florida, southeast Florida, and southwest Florida as follows:
- Within six months after the registration of 100,000 active qualified patients in the medical marijuana use registry, the Florida Department of Health is required to license four additional medical marijuana treatment centers.
- The Department of Health is required to license four medical marijuana treatment centers within six months after the registration of each additional 100,000 active qualified patients in the medical marijuana use registry.
- A medical marijuana treatment center is not allowed to operate more than a maximum of 25 dispensing facilities across the state, unless the medical marijuana use registry reaches a total of 100,000 active registered qualified patients. When the medical marijuana use registry reaches 100,000 active registered qualified patients, and each time that number increases by 100,000, the statewide maximum number of dispensing facilities that each licensed medical marijuana treatment center is allowed to operate will increase by five.
- Medical marijuana treatment centers are not allowed to establish more than the maximum number of dispensing facilities allowed in each of the Northwest, Northeast, Central, Southwest, and Southeast Regions. The maximum number of medical marijuana treatment center dispensing facilities allowed in each region is determined by calculating the percentage of the total statewide population contained within that region and multiplying that percentage by the medical marijuana treatment center’s statewide maximum number of dispensing facilities, rounded to the nearest whole number.
Testing
Testing is required of all cannabis sold in Florida.
Training
Florida does not require that business license holders attend training.
Learn More about Cannabis in Florida and How to Work or Start a Business in the Florida Cannabis Industry
Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in Illinois and across the country. Follow the link to learn more about our educational seminars.
Sources and More Information
Data current as of 10/4/19.
