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Is marijuana legal in Florida?

Posted by Larry Avallone | Jun 30, 2019 | 0 Comments

I am often asked this question. It seems that people are confused about the state of the law in Florida as it relates to marijuana. Spoiler alert, possession of marijuana for recreational use (without a medical marijuana card and prescription) is still illegal in Florida.

I think that the confusion comes from a misunderstanding of the way that constitutional amendments work. In 2016 Amendment 2 was passed by voters. This amendment began the process of legalizing medical marijuana in Florida. The process to fully legalize medical marijuana was not finalized until March 2019 when Senate Bill 182 was signed into law. That bill applied only to medical marijuana and not to recreational use of marijuana. So, it is still illegal to possess marijuana for recreational purposes.

Medical marijuana is legal, but the next questions are, who is entitled to use get this medicine, how do you go about getting it, and what ailments are covered?

What is medical marijuana?

Marijuana is only considered medical if it is dispensed from a medical marijuana treatment center to a qualified patient.

Who is eligible for medical marijuana?

To qualify for medical marijuana in Florida, a patient must:

Be diagnosed by a certified physician was having a qualifying condition and the patient must be either a permanent or temporary resident of the state.

What are the qualifying conditions?



Crohn's Disease




Multiple Sclerosis

Parkinson's Disease


In addition to these conditions, the law allows for treatment of other debilitating conditions of such as anxiety, depression, and migraines, as well as other terminal conditions.

What is the residency requirement? Permanent or Seasonal

To establish permanent Florida residency, patients must supply one of the following documents (along with a photo ID):

Copy of a house deed or lease agreement

Utility bill (no more than two months old)

State ID or driver's license


The term seasonal resident means any person who temporarily resides in this state for a period of at least 31 consecutive days in each calendar year, maintains a temporary residence in this state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income tax in another state or jurisdiction.

If you have a condition that you think requires treatment with marijuana, please see a license physician. If you have been charged with any crime related to marijuana possession contact us anytime 24/7.

About the Author

Larry Avallone

Larry Avallone is a Volusia County Florida based Board Certified Criminal Trial Attorney. He has been a Deputy Sheriff and a State Prosecutor and he exclusively practices criminal defense law.


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