Frequently Asked Questions FAQ

Frequently Asked Questions FAQ

Our Frequently Asked Questions (FAQ) section aims to honestly and thoughtfully answer common questions you may have concerning the processes surrounding medical marijuana. If you have questions, concerns or would like to post new, additional questions to be answered, submit them below.

FAQ Legal Disclaimer

 

MOST POPULAR FAQs

NO.      Exporting marijuana from Florida, even to other states allowing medical marijuana, is illegal. Transporting cannabis across state lines is a felony and may result in steep punishment for those who are caught. Florida medical marijuana is legal for the sole purpose of helping qualified Floridians with serious or debilitating conditions. In short, medical marijuana is strictly prohibited from export and must only be consumed in the state of Florida.

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YES.      While the possession or home cultivation of flower is currently illegal in Florida, the courts ruled in May 2018 the Florida ban on smoking medical marijuana is unconstitutional. Gov. Rick Scott signed a provision into law in June 2018 banning it from being smoked in public and the 2016 law allows the use of medical marijuana through vaping and in food, oils, sprays and tinctures. The Florida Department of Health website states “possession, use, or administration of marijuana in a form for smoking is not allowed except for flower in a sealed, tamper-proof receptacle for vaping”. Given the conflicting guidance, MMTCs appear to be awaiting further state clarity before making smokeable flower widely available.

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Florida rule 64-4.011, F.A.C. requires all patients and legal representatives to have a Medical Marijuana Use Registry identification card to obtain medical marijuana, or a marijuana delivery device from a licensed dispensing organization (medical marijuana treatment center or MMTC).

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Despite a Florida court ruling that smoking medical marijuana is constitutional, possession or home cultivation of marijuana flower is still currently illegal in Florida. At the time of this post, the Florida Department of Health website states “possession, use, or administration of marijuana in a form for smoking is not allowed except for flower in a sealed, tamper-proof receptacle for vaping.” While it is legal for patients to smoke flower, it has yet to be determined the regulations under which flower can be sold to patients. The 2016 constitutional amendment allows the use of medical marijuana through vaping and in food, oils, sprays, and tinctures. Given the conflicting guidance, MMTCs appear to be awaiting further state clarity before making smokeable flower widely available.

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A list of physicians authorized to perform medical marijuana evaluations and order low-THC cannabis, medical marijuana or cannabis delivery devices is available here: Florida Medical Marijuana Use Doctors.

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CARD APPLICATION PROCESS

Florida rule 64-4.011, F.A.C. requires all patients and legal representatives to have a Medical Marijuana Use Registry identification card to obtain medical marijuana, or a marijuana delivery device from a licensed dispensing organization (medical marijuana treatment center or MMTC).

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Patients must first seek treatment from a qualified physician for an evaluation. If approved, the patient is entered into the Medical Marijuana Use Registry and the Department of Health sends them a medical marijuana ID card. The patient or legal representative will then be able to visit or contact one of the licensed medical marijuana treatment centers to fill the order. A list of the Florida MMTCs can be found in our office or at http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/index.html.

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NO.     The doctor’s recommendation is the outcome of successfully certifying for the registry to use marijuana legally. The card (medical marijuana ID or ‘MMID’) is an actual card sent from the Florida Department of Health to the patient identifying them as having the legal right to use and possess medical cannabis. We suggest carrying your valid card with you at all times.

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Once you have been approved by our doctor and entered into the Medical Marijuana Use Registry, you can then submit your application for the card. Applications may be submitted electronically online from our office, or mailed to the Office of Medical Marijuana Use. All applications must include a registration fee of $75 to complete the process.

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NO.     You must have and show Florida ID or Proof of Residence to begin the evaluation and application process.

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After our doctor approves and registers you, the state will send you an email linking back to their website where you must log-in and complete your personal patient profile. Following their instructions you must submit an electronic copy of a government-issued photo identification (driver’s license, passport or military ID) with your proof of address, a clear recent photo and the last four numbers of their Social Security number. You will also be required to pay the $75 card fee to complete their requirement. More information about the process is available on the state’s patient profile website.

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NO.     Not in Florida. Patient’s must have an in person, face-to-face visit with a Florida licensed doctor. KindHealth recommendations are normally completed in minutes. While some states allow for them to be performed online, Florida is not one of them.

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The current processing time for a medical marijuana application is 30 days from the time the Medical Marijuana Use Registry receives it. If you are submitting it by mail, please allow an additional 3-5 days for delivery of your application. Submitting an incomplete application will increase the amount of time required to process your account.

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KINDHEALTH CLINIC FAQs

A recommendation (AKA certification/registration/authorization) is the process of being successfully evaluated by a qualified Florida licensed physician for enrollment onto the Florida Medical Marijuana Registry. The recommendation is submitted to the State with the patient’s application. If the application is approved by the state the patient receives a medical marijuana identification card authorizing them to purchase, use, and possess limited quantities of medical marijuana in the State of Florida.

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KindHealth Marijuana Doctors is a medical office with doctors specializing in medical marijuana evaluations. Our physicians assess and register patients with the Florida State Medical Marijuana Use Registry. Once you obtain a Florida cannabis card you can use medical marijuana legally in Florida.

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NO.     Dispensaries or Medical Marijuana Treatment Centers (MMTCs) are state affiliated ‘pharmacies’ where you can purchase your marijuana. KindHealth is a medical office performing medical marijuana evaluations for patients to be added to the marijuana use registry.

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NO.     KindHealth is a medical office specializing in medical marijuana evaluations. We register patients with the Department of Health Medical Marijuana Use Registry so they may obtain their Florida cannabis card. We do not sell any cannabis or other related products at this time.

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NO.     Minors can be evaluated for and use medical marijuana as long as the legal guardian is present and signs a waiver for the minor. They must take it under the care and supervision of a registered caregiver who’s at least 18 years old.

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KindHealth physicians and staff stay up-to-date with current industry knowledge in order to answer your questions regarding the registration process, cannabis treatment or any side effects you may have.

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YES.     Our office will assist you in electronically submitting your card application to the Medical
Marijuana Use Registry at the time of your visit. If you elect to mail the application to them after your visit with us, although we assist you in preparing the necessary paperwork, we take no responsibility in any delivery failure to the Registry.

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YES.     KindHealth is serious about taking its responsibility for keeping your protected health information (PHI) confidential. All of your patient information obtained by KindHealth Marijuana Doctors is protected health information and covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as well as the Patient Privacy Act, and R.C.W. for Medical Marijuana in Florida. A copy of our privacy policy is provided at the time of your visit and available to you on request.

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KindHealth charges a $15 appointment scheduling fee. This fee is refunded at the time of your scheduled appointment and forfeited if you fail to keep that appointment.

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KindHealth has qualified physicians willing to perform medical marijuana evaluations and order low-THC cannabis, medical marijuana or cannabis delivery devices. A list of Florida authorized physicians is available here: http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/_documents/completed-cme.pdf.

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A list of physicians authorized to perform medical marijuana evaluations and order low-THC cannabis, medical marijuana or cannabis delivery devices is available here: Florida Medical Marijuana Use Doctors.

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At your first visit, we perform a comprehensive evaluation and record review (if any). The decision to certify you for the registry rests solely with our physician. If the information you provide to us is insufficient, we inform you of exactly what further information we need from you to fully evaluate your medical condition to help us get you certified. This includes information such as past and current medications and medical records from your other physicians. We re-evaluate any new information at no extra charge to you.

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The reason for getting an evaluation is to assess if you qualify or not. The decision to approve you for the registry rests solely with the doctor after they review the severity of your condition. You can find a list of the qualifying conditions http://www.kindhealthflorida.com/medical-marijuana/qualifying-conditions/. If you have seen a physician in the past for your condition, it helps to have your medical records to speed up the same-day approval process. We have a medical release form to sign and send to your doctor’s office for records, if needed.

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YES.     KindHealth’s Medical Director holds an active, unrestricted license as a physician under Chapter 458, Florida Statutes and has completed the Florida continuing education course and examination.

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NO.     KindHealth charges a fee for it’s services. Our physicians and staff establish a bona fide patient-doctor relationship, perform a competent evaluation, and do our best to get you registered, if possible. You pay us for the great service we render, regardless of whether or not the evaluation results in a successful certification.

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NO.     Unfortunately, Medicare, Medicaid or other health insurance companies are not willing to cover anything related to marijuana since it is not approved as a medicine by the Food and Drug Administration (FDA). In addition, bank insurance regulations also prohibit cannabis related financing. Consequently, payments for marijuana products and related services are largely done on a cash basis.

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NO.     Although medical records are not required KindHealth suggests you bring them to your visit as the added documentation often helps us evaluate your condition. The decision to approve you rests solely with our doctor, so if you have seen a physician in the past for your condition, it may help to have your records for the same-day doctor’s approval. We have a medical release form to request records from your doctor’s office, if necessary.

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I’M QUALIFIED, NOW WHAT?

Patients and/or legal representatives must annually submit a renewal application, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date to maintain an active Medical Marijuana Use Registry identification card. The process starts with a call to KindHealth to schedule your re-evaluation appointment.

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YES.     The Department of Health expires your medical marijuana certification one year after issue. You need to reapply to get a renewal to remain legally eligible to use cannabis. KindHealth sends you a renewal reminder ahead of the expiration date to keep you legal.

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Once you are approved and have either your temporary or permanent MMID card, you or your legal representative will then be able to visit or contact one of the licensed medical marijuana treatment centers to fill the order. A list of the Florida MMTCs can be found in the KindHealth Marijuana Doctor’s office, at http://www.kindhealthflorida/medical-marijuana-treatment-centers-mmtc or at http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/index.html.

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YES.      Florida dispensaries are called Medical Marijuana Treatment Centers (MMTCs) and are open statewide. Patients must have their temporary or permanent card ‘in hand’ to be able to access and purchase from them. Click here for a list of Florida Medical Marijuana Treatment Centers. This list of MMTCs is also provided on the state Medical Marijuana Use website or can be obtained from KindHealth Marijuana Doctors clinic.

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Requests to replace a lost or stolen card will require the cardholder to submit a Change, Replacement or Surrender Request Form, along with a copy of his or her Florida driver’s license or identification card and a $15 replacement fee.

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If you have any questions about orders/recommendations from your doctor, send us an email at: orders@marijuanadoctor.com and we will happily assist you. If you need a refill, please, email us at orders@marijuanadoctor.com 2 weeks before your initial order expires, and we will assist you in a timely manner.

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NO.     Patients with a medical marijuana card or their caregivers are NOT allowed to grow their own plants. Only registered Medical Marijuana Treatment Centers are able to grow, cultivate or process marijuana.

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Patients and legal representatives should carry their Medical Marijuana Use Registry identification card (MMID) at all times. You MUST present your card to a medical marijuana treatment center in order to purchase your marijuana or a marijuana delivery device. Also, presenting your card to law enforcement is very helpful in assisting to verify that you are on the Medical Marijuana Use Registry, in the unfortunate circumstance this becomes necessary. A qualified patient or caregiver in possession of marijuana or a marijuana delivery device who fails or refuses to present his or her marijuana use registry identification card upon the request of a law enforcement officer is committing a 2nd degree misdemeanor and may be sentenced up to 60 days in jail and a $500.00 fine.

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YES.     After you are certified and registered by one of our physicians, the state will send your acceptance email usually within a few hours to days. A copy of your acceptance email can then be used as a temporary card, along with your Florida ID, to purchase medical marijuana until you get your actual card. The Medical Marijuana Use Registry will send the card directly to you. You are NOT able to purchase medicine at a medical marijuana treatment center unless/until you have either your temporary or real card ‘in hand’. Getting your card may take up to approximately 30 days and w recommend you send your application as early as possible after your appointment not to delay the process.

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Florida law allows for a prescription of only up to 70 days worth of cannabis medicine and patients must get refills throughout the year to maintain their supply. When you call for a refill, our doctors will contact you to assess if your last prescription was effective and if there were any side effects, to determine the dosage and amount needed for your new refill. We recommend you call 2 weeks before your initial order expires to assure your refill is ordered in a timely manner. If you need a refill or have any questions about our doctors’ orders or recommendations, send us an email to info@kindhealthflorida.com and we will happily assist you.

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YES.     As a patient you may serve as a legal representative for someone else provided they apply separately for their own patient card and for your legal representation.

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YES.    The Medical Marijuana Registry now allows patients to easily change their marijuana card doctor, for whatever reason, by following the prompts on the patient website profile.

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MARIJUANA BASICS - General

Patients must first seek treatment from a qualified physician for an evaluation. If approved, the patient is entered into the Medical Marijuana Use Registry and the Department of Health sends them a medical marijuana ID card. The patient or legal representative will then be able to visit or contact one of the licensed medical marijuana treatment centers to fill the order. A list of the Florida MMTCs can be found in our office or at http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/index.html.

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YES.     The number of elderly seniors using marijuana for various medical conditions is growing. Medical cannabis has shown benefit in the symptoms of pain and discomfort in rheumatoid arthritis, fibromyalgia and other chronic pain conditions. Seniors also find cannabis relief after treatment of anxiety, depression, cancer, Alzheimer’s disease, insomnia, sleep disorders, glaucoma, post-traumatic stress disorder (PTSD), and panic attacks. Alternative methods of ingestion such as edibles, pills, topical creams and oils avoid the odor of smoking and has helped its rising popularity. Cannabis generally has fewer side effects and on the advice of the doctor, may be used as replacement treatment for the usual harmful medications commonly prescribed for many of these conditions.

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Cannabidiol (CBD) is the natural component of cannabis responsible for the physiologic medical benefits. There is minimal psychoactive effect from CBD. Tetrahydrocannabinol (THC) is the component responsible for the psychoactive effects of the ‘buzz’, ‘head rush’ or ‘high’. There is a beneficial effect of THC in boosting the power of CBD effect on your condition. The relative amounts of CBD and THC are adjusted in medical marijuana to minimize the amount of THC and maximize the CBD, and the THC can be ordered in a dose that will not affect you psychologically. Your physician controls the strength and dosage, depending on your condition and what you are comfortable with.

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“Low-THC cannabis” means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol (CBD) weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center. THC is the chemical component in cannabis responsible for the psychoactive effects where CBD plays a larger role in the physical healing properties.

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“Marijuana” means 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.

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Marijuana is considered a controlled substance by the Food and Drug Administration and has not been approved as safe or efficacious and they classify it as having no medical benefit, on par with drugs such as heroin, cocaine and LSD. Of note, not a single death from a marijuana overdose has ever been reported and there is no major evidence that occasional use leads to long-term health problems. The effects of long-term, heavy marijuana use are still being studied. While there are risks to using every drug or medicine, marijuana compares much more favorably to the widely available drugs alcohol or tobacco that both show a much worse side effect profiles, higher addiction potentials and negative life impact.

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MARIJUANA BASICS - Travel

NO.      Exporting marijuana from Florida, even to other states allowing medical marijuana, is illegal. Transporting cannabis across state lines is a felony and may result in steep punishment for those who are caught. Florida medical marijuana is legal for the sole purpose of helping qualified Floridians with serious or debilitating conditions. In short, medical marijuana is strictly prohibited from export and must only be consumed in the state of Florida.

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YES.     While travel within the state of Florida is allowed, despite widespread belief to the contrary, customers cannot travel from Florida to other states with medical marijuana. Anytime you travel outside Florida with marijuana, whether by plane, train, bicycle, or walking, you’re transporting a federally restricted substance across state lines. Although the Transportation Security Administration does not routinely focus on marijuana screening it will likely will be confiscated if found during a search with the matter being referred to law enforcement. Many airlines and airports do not allow cannabis. Travel to other countries is also a risky gray zone, for example, Japan has a zero-tolerance policy for marijuana with even small amounts possibly landing you at least five years in jail. We recommend researching your destination for marijuana use before you travel, and arrange to purchase it there, if possible.

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MARIJUANA BASICS - Usage

YES.      While the possession or home cultivation of flower is currently illegal in Florida, the courts ruled in May 2018 the Florida ban on smoking medical marijuana is unconstitutional. Gov. Rick Scott signed a provision into law in June 2018 banning it from being smoked in public and the 2016 law allows the use of medical marijuana through vaping and in food, oils, sprays and tinctures. The Florida Department of Health website states “possession, use, or administration of marijuana in a form for smoking is not allowed except for flower in a sealed, tamper-proof receptacle for vaping”. Given the conflicting guidance, MMTCs appear to be awaiting further state clarity before making smokeable flower widely available.

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YES.     Only patients with a medical marijuana card are allowed to consume it. Caregivers are allowed to obtain medical marijuana for the patients they assist, but they are not able to grow or consume any medical marijuana unless they have their own personal card.

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NO.     There are many ways to consume medical marijuana besides smoking. Vaporizing, creams, capsules, extracts are all options. There are many recipes calling for cannabis extracts, concentrates or infusion techniques in cooking and baking to make homemade edibles. If you qualify, our doctors will recommend various ways to ingest depending on your conditions, past history and lifestyle.

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Any object used, intended, 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.

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Patients may legally use vaporized weed, extracts, tinctures, sprays, and marijuana oils. MMTCs are not allowed to sell edibles at this time, however patients can infuse their own food to make their own edibles. While it is also legal for patients to smoke flower, at this time the regulations under which flower can be sold to patients have yet to be determined and they are not widely available at the retail level.

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YES.    The Medical Marijuana Treatment Centers offer many different strains of marijuana. In Florida, strains are tested for the relative amounts of CBD and THC to pinpoint the different properties designed to treat your specific condition. In addition the MMTCs carry different forms including liquids that can be vaporized, oils, concentrates, topical ointments, wax, pills and accessories. Food preparation can also be enhanced by the infusion of cannabis extracts. At the time of this writing, the “possession, use, or administration of marijuana in a form for smoking is not allowed except for flower in a sealed, tamper-proof receptacle for vaping.” Possession or personal cultivation of flower is currently illegal in Florida.

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MARIJUANA BASICS - Purchase

As a qualified patient or designated caregiver, you may purchase up to a 70-day supply of marijuana products from one of the Florida licensed Medical Marijuana Treatment Centers. The amount you receive for your 70-day prescription supply is determined by your physician.

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Florida law only allows licensed dispensing organizations known as medical marijuana treatment centers (MMTCs) to sell or distribute medical marijuana.

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First, patients must see a qualified physician for an evaluation. If approved, the patient is entered into the Medical Marijuana Use Registry, after which the Department of Health sends them a medical marijuana ID card. The patient or legal representative will then be able to visit or contact one of the licensed medical marijuana treatment centers to fill the order. Some of these centers have delivery services. A list of the Florida MMTCs can be found in our office or at http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/index.html.

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Only a qualified patient or their legal representative can purchase medical marijuana from a medical marijuana treatment center.

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LEGAL TOPICS

NO.     Driving under the influence of marijuana is illegal and punishable by law in the state of Florida. The punishment is similar to that of an alcohol DUI. First time offenders may face up to 6 months in jail or fines up to $1,000 and the severity of Florida penalties increases with each subsequent conviction. KindHealth strongly advises to never drive under the influence of marijuana or other drugs.

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YES.     Marijuana remains illegal in Florida unless it is being used for medicinal reasons. Florida voters approved Amendment 2, an expansion of the state’s limited medical cannabis program in 2016. Although use of medical marijuana is legalized and available in Florida, it remains illegal under federal law.

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NO.     Federal cannabis laws are very serious and punishment for people found guilty is frequently steep. Federal law still considers cannabis a dangerous illegal drug with no acceptable medicinal value that should not be used even under a doctor’s supervision. In addition, the Food and Drug Administration (FDA) has not approved any product containing or derived from marijuana.

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Despite a Florida court ruling that smoking medical marijuana is constitutional, possession or home cultivation of marijuana flower is still currently illegal in Florida. At the time of this post, the Florida Department of Health website states “possession, use, or administration of marijuana in a form for smoking is not allowed except for flower in a sealed, tamper-proof receptacle for vaping.” While it is legal for patients to smoke flower, it has yet to be determined the regulations under which flower can be sold to patients. The 2016 constitutional amendment allows the use of medical marijuana through vaping and in food, oils, sprays, and tinctures. Given the conflicting guidance, MMTCs appear to be awaiting further state clarity before making smokeable flower widely available.

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NO.     Under federal law, cannabis is treated like all other controlled substances, such as cocaine and heroin; dangerous illegal drugs with no acceptable medicinal value that should not be used even under doctor supervision. Federal cannabis laws are very serious, and punishment for people found guilty is frequently very steep. Fortunately, for the most part, the federal government honors the laws established by the medical marijuana programs of each state.

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Possession of marijuana without ‘legal enrollment’ on the Medical Marijuana Use Registry may carry the following punishments:

Possession of Marijuana

  • Under 20 grams: 1st degree misdemeanor; up to 1 year jail , fine
  • Over 20 grams to 25 lbs or under 300 plants: up to 5 years jail, fine
  • In excess of 25 lbs. is trafficking (1st degree felony – up to thirty years in prison, thirty years in probation, and a $10,000 fine)

Selling Marijuana

  • 3rd degree felony – up to five years in prison, five years in probation, and a $5,000 fine
  • less than 20 g. – 1st degree misdemeanor
  • Subsequent offense: 15 yrs.

Trafficking Marijuana

  • 25-2000 lbs.: mandatory $25,000 and 3 yrs.;
  • 2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;
  • Over 10,000 lbs.: 15 yrs. and mandatory $200,000
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Qualified medical marijuana patients are allowed to possess up to a 70-day supply of marijuana at any given time. Physicians are restricted to orders no longer than that duration. The patient’s physician may order a higher or lower quantity in relation to your 70-day supply as determined by the medicinal amount you require. You must keep the original packaging of all marijuana products in your possession.

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YES.     In June 2014, Florida’s ‘Charlotte’s Web’ bill was signed into law legalizing the ability of certified physicians to order low-THC marijuana for medical use in a select group of qualified patients. In 2016 the Amendment 2 ballot initiative was approved by 71% of Florida voters. Amendment 2 became effective in January 2017 and widely expands on the initial bill, granting the medical use of marijuana by any qualified Florida resident if deemed appropriate by a certifying physician. Medical cannabis orders, recommendations, certifications or authorizations are not technically ‘prescriptions’ as the the prescriptive authority for physicians, the Drug Enforcement Agency (DEA), does not recognize marijuana as medicine.

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MAYBE.      There is currently no Florida legislation specifically excluding qualified medical marijuana patients from holding a concealed carry permit. That said, conflicting language between Federal and state legislation makes this a difficult issue to answer precisely. In addressing this question, two categories need be considered:

1. Established Gun Ownership/Concealed Carry Status

Section 29(a)(1) of the Florida constitution states “the medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law.”

2. New Gun Ownership/Concealed Carry Applications

Completion of federal form 4473 from the Bureau of Alcohol, Tobacco and Firearms (ATF) is required to legally purchase a firearm. Persons lying on this application is a felony and comes with a steep sentence if convicted. One question asks “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” with the following warning added in 2016: “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” Unfortunately, answering truthfully as a legal medical marijuana patient may increase the chance of the ATF application being rejected. If you are an “Unlawful user or addicted to any controlled substance.” you are prohibited from firearm ownership in Florida.

Important Caveats:

  • Florida law is clear in it’s protection of the rights of a qualified patient or caregiver.
  • Patients appropriately qualified by a physician would not be considered “unlawful” users.
  • The Federal government has little authority over state legislated concealed carry programs.

In summary, while there is opaque legislative language at both the federal and state levels that could be interpreted as placing a Floridian’s concealed carry permit in jeopardy, there is no specific legislation prohibiting a qualified medical marijuana patient from having both permits under normal circumstances. Neither is there a widespread practice of either federal or state law enforcement revoking the concealed carry permits of those who have both. A good attorney practiced in marijuana law is, of course, the better source for answers to the many important nuances this FAQ does not touch on.

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YES.     Florida law preserves the employers’ right to “establish, continue, or enforce a drug-free policy” which includes testing for marijuana use. It is up to each employer whether or not to enforce or maintain a no-marijuana workplace. Florida employers do not need to accommodate patients receiving, possessing or working under the influence of medical marijuana. Employees who test positive are therefore not protected as they are obligated to follow the employer’s rules for using drugs at work or having marijuana in their system.

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NO.     Currently, Florida does not have MMID reciprocity with other states. Having a license in any other state with a medical marijuana program does not qualify you in Florida. To obtain your cannabis card within this state, and be able to purchase cannabis from a Medical Marijuana Treatment Center, you need to be evaluated by a certified Florida marijuana physician, who can register you onto the Florida State Medical Marijuana Use Registry.

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YES.     State lawmakers introduced a bill in the 2017 General Assembly to hold a statewide referendum on whether to legalize recreational marijuana use while regulating and taxing it. Two proposed Florida amendments have neither been able to generate enough backing to get on the ballot. An amendment would need at least 60% of voters to pass. Despite these failures, attempts to legalize recreational marijuana in Florida are ongoing. With a clear momentum in favor of wider public acceptance of ‘all issues cannabis’, and a growing recognition by state legislatures seeing significant revenue from marijuana sales, a brighter future for Florida recreational use seems a fait accompli.

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NO.     Florida law only allows “licensed dispensing organizations [MMTCs] to grow, process and dispense marijuana” making personal grows illegal”. “The department will refer any business or individual suspected of violating state law to local law enforcement for investigation.” Legal challenges to this issue are ongoing in the Florida courts.

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NO.    In Florida where recreational marijuana is not legal; an act as innocuous as sharing a marijuana product with someone else is legally considered “redistribution” and could result in revocation of your card or even prison. Medical marijuana products are intended only for use by the person purchasing them.

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Florida patients can carry up to 120 grams (4.2 ounces) unless the physician determines a patient needs more. Patients are allowed up to 36 grams (1.3 ounces) of THC (the active ingredient in marijuana) per month in extract forms.​

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