Most people don’t understand the current marijuana law in Florida. This information is from the state’s website.
What is low-THC cannabis?
In Florida, low-THC cannabis is distinct from medical marijuana in that it contains very low amounts of the psychoactive component tetrahydrocannabinol (THC). Because of its low-THC content, it does not have the euphoric properties that full-potency marijuana has.
Who qualifies for low-THC cannabis?
Qualified physicians may order low-THC cannabis for a qualified patient conditions enumerated in section 381.986, Florida Statutes.
Qualifying 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 those above
◦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
If a patient is younger than 18 years of age, a second physician must concur with the determination to treat the patient with low-THC cannabis.
What is medical marijuana?
Florida law defines medical marijuana as all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
Who qualifies for medical marijuana?
A qualified physician may only order medical marijuana for a patient with a qualifying condition that is diagnosed by the patient’s physician.
Qualifying 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 those above
◦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
The medical use of medical marijuana does NOT include the following:
◦The possession, use or administration of medical marijuana by smoking.
◦The transfer of medical marijuana to a person other than the qualified patient for whom it was ordered or their legal representative.
◦The use or administration of medical marijuana on any form of public transportation, in any public place, in a qualified patient’s place of employment, if restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus or vehicle.
The medical use of medical marijuana does NOT include the following as stated in Section 381.986(1)(j), F.S.:
1.Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.
2.Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping.
3.Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification.
4.Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient.
5.Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low-THC cannabis.
b. In any public place, except for low-THC cannabis.
c. In a qualified patient’s place of employment, except when permitted by his or her employer.
d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis
Can I Smoke it?
No. A marijuana delivery device is an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.
What are the Requirements to receive it?
◦Be diagnosed with a qualifying condition
◦Be entered into the Medical Marijuana Use Registry by a qualified physician
◦Obtain a Medical Marijuana Use Registry Identification Card
◦Be a Florida resident or a seasonal resident
What does it cost to get a Registry Identification Card
A registration card costs $75 (not including the doctor visit). Compassionate Use Registry identification cards remain active for one year.
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.