Florida Medical Marijuana Background
The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, a proposed amendment to Florida’s constitution was approved by voters in 2016. The amendment expanded the use of legalized medical cannabis in Florida for certain health conditions. Amendment 2 provides that medical marijuana can be prescribed to a patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks to the patient.
Constitutional amendments, like Amendment 2, require a super-majority vote to pass in Florida, meaning at least 60% of voters must vote in support of the amendment. Amendment 2 first appeared on the ballot in 2014 but failed to pass because it garnered “only” 57.6% of the vote. However, when it got a second chance on the 2016 ballot, Amendment 2 was approved by a vote of 71.3% for versus 28.7% against.
Florida already had a medical marijuana law in place prior to Amendment 2’s passage, but that law was severely limited—available only to the terminally ill or those with less than a year left to live. Amendment 2 proposed to significantly expand the qualifying conditions for medical marijuana, as explained below.
Although Amendment 2 was approved by 71.3% of Floridians, constitutional amendments usually require legislation to put the amendment’s purpose into effect. For example, the text of Amendment 2 was silent on how medical marijuana could be used. In the original law implementing Amendment 2, conservative members of the Florida Legislature bitterly fought to include a provision, which prohibited the smoking of medical marijuana. This meant that initially, medical marijuana could only be consumed as edibles, pills, or by vaping.
However, in 2018, a Florida Judge struck down the smoking ban as unconstitutional because it violated the intent of Amendment 2. Florida’s Governor finally signed a bill into law that removed the prohibition on smoking in March 2019. As of June 2019, Florida’s burgeoning legal marijuana market is second only to Oklahoma when it comes to growth rates in the 36 states where medical marijuana is permitted. See Marijuana Business Daily.
Limitations on Florida Medical Marijuana
Under Amendment 2, patients cannot grow their own marijuana. Instead, medical marijuana can only be obtained from dispensaries approved by the State. The law implementing Amendment 2 created the Medical Marijuana Use Registry, which patients must register with in order to apply for a government issued ID card, called the Medical Marijuana Use Registry Identification card, which entitles the holder to use medical bud. Once a patient has obtained their Florida medical marijuana card, they can go to any state-licensed medical marijuana dispensary. The state-licensed dispensaries in Florida can be found here.
Requirements for Obtaining Medical Marijuana in Florida
In order to use medical marijuana in Florida, a qualified patient must:
- Be a permanent or seasonal Florida resident;
- Be diagnosed with a qualifying condition (explained below) by a qualified physician; and
- Obtain a Medical Marijuana Use Registry Identification Card.
The qualifying medical conditions for the use of medical marijuana in Florida include:
- Cancer;
- Epilepsy;
- Glaucoma;
- HIV/AIDS;
- Crohn’s disease;
- Parkinson’s disease;
- Multiple sclerosis (MS);
- Post-traumatic stress disorder (PTSD);
- Amyotrophic lateral sclerosis (ALS);
- 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; and
- Medical conditions of the same kind or class as or comparable to those above.
How to Get a Medical Marijuana Card in Florida
As of August 2019, more than 300,000 Florida residents have qualified for a medical marijuana card. How did they do it?
1. A physician diagnoses a patient with a qualifying condition for medical marijuana. During a medical marijuana treatment exam, the patient’s blood pressure is taken, pulse and weight checked, and then the doctor reviews the patient’s medical history as relayed by the patient. If the patient is terminal or younger than 18, a second physician must concur and this determination must be reflected in the patient’s medical records.
2. The physician obtains voluntary, written, informed consent from the patient. Patients must acknowledge that cannabis is still a controlled substance by the federal government, could potentially be addictive, could affect coordination and motor skills, have potential side effects such as depression or psychotic symptoms, could result in cancer if smoked, and a list of other scary warnings.
3. The physician enters the order into the Medical Marijuana Use Registry and updates the registry within 7 days of any change.
4. The patient must apply for a Medical Marijuana Use Registry Identification card.
5. After obtaining an ID card, the patient may fill their prescription at any approved Medical Marijuana Treatment Center a/k/a dispensary.
How do I Find a Doctor Certified to Prescribe Florida Medical Marijuana?
Florida’s Department of Health maintains a website where patients can search for doctors, broken down by county, that have taken the state required training and are certified to prescribe medical ganja. There are more than 2,300 Florida doctors in specialties including family care, oncology, gynecology, and dermatology.
How Much Does it Cost and How Long Does it Take to Get My Card?
There are several costs associated with being approved for medical Mary Jane. The first is the charge by the doctor for the medical exam, which typically runs from $200 to $300. The exam will not be covered by health insurance, so patients should shop around and be sure to ask what the stated price includes. The second is the charge by the State for processing the patient’s application, which is $75. Generally, it takes about 10 days for the State to review the application. A medical marijuana ID card is valid for 1 year and must be renewed before it expires, for another $75.
How Can I Increase My Chances of Qualifying for Florida Medical Marijuana?
You can hire an attorney to represent you in the process for applying for a Medical Marijuana Use Registry Identification card. An attorney can help cut through the red tape and prepare the necessary paperwork to submit to the State, ensuring that everything is completed fully and accurately. Gulisano Law has assisted dozens of patients to obtain their ID card for a flat rate charge of $200.