Your Rights with a Florida Cannabis Card

Florida's relationship with cannabis has evolved significantly, moving from strict prohibition to a regulated medical marijuana program. While this shift offers new possibilities for patients, it's crucial to understand the legal landscape. Navigating the rules can be confusing, and many people are unsure about what's allowed and what isn't.

Having a state-issued cannabis card is the key to legally accessing and using medical marijuana in Florida. This card provides a set of legal protections that are not available to those without one. This post will explain the specific rights a cannabis card gives you in Florida, covering everything from possession and consumption to employment and housing, so you can feel confident and informed.

Understanding Florida's Medical Marijuana Laws

Florida's journey with medical cannabis began in earnest with the passage of the Compassionate Medical Cannabis Act in 2014, which allowed for low-THC cannabis. However, the program expanded significantly in 2016 when voters approved Amendment 2, legalifying medical marijuana for a broader range of debilitating conditions.

Under current Florida law, qualified patients who have a recommendation from a certified physician can obtain a Medical Marijuana Use Registry (MMUR) identification card, commonly known as a cannabis card. This card is essential. Without it, possessing or using marijuana in Florida is illegal, with potential penalties including fines and jail time. The card serves as legal proof that you are a registered patient and are permitted to purchase, possess, and use medical cannabis according to state regulations.

How a Cannabis Card Protects You

Holding a valid cannabis card in Florida grants you several key legal protections. These rights ensure you can access your medicine without facing legal repercussions, as long as you follow the state's guidelines.

Legal Possession and Purchase

The most fundamental right a cannabis card provides is the ability to legally purchase and possess medical marijuana. Cardholders can buy cannabis products from licensed dispensaries, known as Medical Marijuana Treatment Centers (MMTCs), located throughout the state, including in Orlando, FL.

The state sets limits on how much cannabis a patient can possess at one time and how much they can purchase over a given period. Your recommending physician will determine the daily dose amounts for different routes of administration (like inhalation, oral, or topical). Your cannabis card is linked to the MMUR, which tracks your purchases to ensure you stay within these legal limits. Possessing cannabis without a card, or possessing amounts that exceed your prescribed limit, remains illegal.

Right to Use Medical Cannabis

A cannabis card gives you the right to use medical marijuana for your qualifying condition. However, this right comes with important restrictions on where you can consume it. Florida law prohibits the use of medical cannabis in any public place, such as parks, sidewalks, or public transportation. You also cannot smoke it on a plane, in a motor vehicle, or at your workplace unless your employer explicitly permits it.

The safest place to consume medical cannabis is in a private residence. It's important to be discreet and respectful of those around you, as smoking cannabis in a way that is visible to the public from a private property (like on a front porch) could still lead to legal issues.

Protection from Arrest and Prosecution

One of the most significant protections offered by a Florida cannabis card is a defense against arrest for marijuana possession, provided you are complying with all state laws. If you are stopped by law enforcement and have medical cannabis with you, presenting your valid cannabis card and photo ID should prevent legal trouble, as long as you are within your possession limits.

Without a card, possession of even small amounts of cannabis can result in criminal charges. This protection is a cornerstone of the medical marijuana program, offering peace of mind to patients who rely on cannabis for their health.

Navigating Employment and Housing Rights

While a cannabis card provides clear protections for possession and use, the situation becomes more complex when it comes to employment and housing.

Cannabis Cards and Employment

Florida is an at-will employment state, which means employers can terminate an employee for any reason, as long as it's not illegal. Currently, Florida law does not require employers to accommodate medical marijuana use or permit an employee to work while under the influence.

This means that even with a cannabis card, an employer can maintain a drug-free workplace policy and take action against an employee who tests positive for THC. Some employers may be willing to make exceptions, but they are not legally obligated to do so. If you are looking for a job or are currently employed, it's wise to review your company's drug policy and have an open conversation with HR if you have concerns.

Cannabis Cards and Housing

Your rights as a tenant with a cannabis card can also be complicated. While the Fair Housing Act (FHA) protects individuals with disabilities, marijuana remains illegal at the federal level. This creates a conflict, as federal law does not recognize medical cannabis as a legitimate treatment.

As a result, landlords can legally prohibit smoking on their properties, and this rule applies to smoking medical cannabis as well. If you live in a multi-unit building, your lease might contain clauses that forbid smoking to prevent odors from affecting other tenants. Even if you use non-smoking forms of cannabis, like edibles or tinctures, it's essential to review your lease agreement carefully. Some landlords, particularly those receiving federal subsidies, may have strict no-drug policies that include medical marijuana.

Traveling with Your Medical Cannabis

Florida law is clear: you cannot take your medical cannabis across state lines, even if you are traveling to another state with a medical marijuana program. Federal law governs interstate travel, and since cannabis is still a Schedule I controlled substance federally, transporting it from one state to another is a federal crime.

When traveling within Florida, you can carry your medical cannabis with you. It's recommended to keep the cannabis in its original packaging from the dispensary, which includes important information about the product and your patient details. This helps verify that your possession is legal if you are ever questioned.

Renewing Your Cannabis Card

To maintain your legal protections, you must keep your cannabis card active. This involves two steps:

1. Physician Recertification: You must be recertified by a qualified physician every 210 days (approximately seven months).
2. State Renewal: You must renew your card with the Florida Department of Health annually.

Failing to complete either of these steps will result in your card becoming inactive, and you will lose your legal right to purchase and possess medical cannabis. Setting reminders for these dates is crucial to ensure you don't have a lapse in your patient status.

Find the Support You Need

Understanding your rights is the first step to confidently and legally using medical cannabis in Florida. A cannabis card is more than just an ID—it's your legal safeguard, allowing you to access the medicine you need without fear of legal consequences. By staying within your possession limits, consuming in private, and keeping your card current, you can fully benefit from Florida's medical marijuana program.

If you believe you have a qualifying condition and are seeking a cannabis card in Orlando, FL, it's important to consult with a certified physician who can guide you through the process. They can help you understand the laws and ensure you are taking the right steps to protect your rights.

Looking for a cannabis card in Orlando, FL? The team at CSG Med is here to help you navigate the process. Contact us today for more information and to schedule your evaluation.