Weed is all the buzz in Florida this spring—and not just because cannabis Christmas aka 4/20 lands this month. The Florida Supreme Court gave the final go ahead for Amendment Three to head to the ballot this fall, which would effectively legalize cannabis for recreational use in the state. While that vote won’t be until November (and if weed is important to you, register to vote in Florida now), we still have medicinal cannabis legal statewide, thanks to Amendment Two which passed in 2016.
Of course, even though medicinal cannabis has been the law in Florida for years, like pretty much everything in this state there are still befuddling questions about how the whole thing works. And even more confusion abounds about what Amendment Three will mean if it passes. To help make sense of it all, we talked to a few experts with intimate knowledge of the subject: Robert Chavez, an executive healthcare consultant formerly with the University of Miami Health System; Steve Berke, CEO of Bang Holdings, a publicly traded cannabis ad-tech company; weed activist Robert Platshorn; Dustin Robinson, founder of Mr. Cannabis psychedelic and cannabis law firm; Paula Savchenko, founder of Cannacore Group who helps companies set up cannabis businesses in Florida; and attorney Daniel Russell. They gave us the skinny on legalization of weed in Florida including who qualifies for medicinal cannabis, who can sell it, and what else to expect from cannabis laws in Florida in 2024 and beyond.
Is weed legal in Florida?
Not yet, no. For now, cannabis is only legal for medicinal use.
How close are we to having recreational weed in Florida?
If Amendment Three passes, it will take effect six months after the election. If math and calendars aren’t your forte, that’s early May 2025. That doesn’t mean as soon as the Timberlake memes drop you’ll be able to walk down to the corner and buy an eighth of Sour Diesel. The state legislature still has to figure out all the particulars of how cannabis will be regulated and taxed.
“From a realistic perspective, we need regulations in place to administer the process,” says Savchenko. “So the legislature may pass legislation, then the department of health moves forward with regulation, then all the license holders could start selling recreational cannabis.”
Remember, even though voters passed Amendment Two in 2016, it took a couple of years for the legislature to get moving on regulating it, only after a strong nudge from the new governor. Savchenko, however, predicts things might go a little faster this time around.
“I think we’re about a year away, after it passes,” she says.
How likely is Amendment Three to pass?
Amendment Three will need at least 60% of voters to vote yes in order to pass. That’s a good fraction more than a simple majority, though medicinal cannabis passed the same threshold in 2016 so it’s definitely possible.
What will the rules for recreational cannabis be if Amendment Three passes?
Again, the legislature and department of health will have to iron out the particulars. The Amendment sets limits for how much marijuana you can have, the same as they are for medicinal—three ounces of marijuana or five grams of concentrate. Unlike some other states, Florida’s amendment doesn’t allow for you to grow your own marijuana at home so you may need to hold off on converting your second bathroom into a grow house.
How do I get a prescription for medical cannabis?
You, the patient, go to a doctor who’s state certified to prescribe medicinal marijuana (more on those later). These are the guys you see advertising as “pot docs” on billboards, who charge anywhere from $150 to $250 for an examination. You must show you have one of the approved conditions, and, more importantly, that you’ve tried other treatments that haven’t worked. This prevents you from inventing “anxiety” to get legal weed.
If the doctor signs off, you send your application and a check for $75 to the Florida Department of Health, which within a few weeks, will send you a card you can take into a dispensary to purchase your pot. Once you have said card, you’re placed on the Compassionate Use Registry (basically a list of all the people in the state who have been prescribed marijuana). Your prescription is only good for 30 weeks, at which point you’ll need a doctor to sign off again. After one year you’ll need to have another in-person examination or online consultation (more on that later), which will cost you another $250 or so.
What are the approved conditions?
Strolling into the local pot doc and saying you have “chronic pain” ain’t happening. Medicinal cannabis treatment is limited to a few conditions, specifically ALS, anxiety, anorexia, arthritis, cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, Crohn’s disease, Parkinson’s, and multiple sclerosis (MS). The law also allows for “other debilitating medical conditions of the same kind or class,” meaning, for example, if you have an autoimmune condition like lupus, a doctor could prescribe weed for that. The caveat is meant for people with less common conditions and is not broad language designed to allow doctors to prescribe for anything.
How do doctors qualify to prescribe medical cannabis?
Chavez told us that anyone with a medical degree and at least one year of post-graduate residency qualified for a medical license, and therefore could prescribe medicinal marijuana after completing the state-mandated two-hour course. God bless Florida. You can search for approved doctors here.
Can I get my medical cannabis prescription through telehealth?
In the wake of the COVID-19 pandemic, Florida authorized telehealth visits for the renewal of medical cannabis cards. Recently the legislature introduced HB 387, which would allow renewals via telehealth, though you’d still need to go in person to get your initial prescription. The ever-swift state government is still passing the bill through various committees and houses, so stay tuned.
Where can I buy medical cannabis in Florida?
Just because you have a medicinal card doesn’t mean you can just call up your source down in Kendall and it’s all hunky-dory with the cops. You can only buy medical cannabis in Florida at a state-approved dispensary like Sunnyside or Cannabist. There are more than 625 statewide dispensaries run by 25 licensed companies. You must buy from one of them, or you can be cited by police even if your weed is legally prescribed. Get pulled over with your state-approved THC oil, and you’ll need to show the cops your card AND proof you bought it at a licensed dispensary.
What kind of products can I get?
You can get your supply in pretty much all your favorite THC delivery forms: edibles, inhalation, oral, sublingual, suppository, topical, and good old-fashioned flower. Each category has its own specific set of limits. For example, edibles have a daily dose max of 60 mg THC, and the 70-day supply limit is 4,200 mg THC.
In mid-2022, Florida also revised its prescription limit regulations for people with med cards. Basically, a doctor can prescribe up to three, 70-day supply limits of cannabis or six, 35-day supply limits. You can find a list of limits and surrounding rules here.
Will insurance pay for medical cannabis?
Nope. You need straight cash, homie. (Full Story)