Medical marijuana in smokable form is now legal in Florida.
Although voters initially approved the legalization of medical marijuana
in 2016, Governor Rick Scott signed a law which bans smoking cannabis
(while allowing edibles, oils, pills, and vapes). But when Ron DeSantis
became the new governor in January, he urged lawmakers to create a new
medicinal pot bill.
On March 20, 2019, he signed a bill that legalized smokable medical marijuana
in the state. The new law goes into effect right away.
“Over 70 percent of Florida voters approved medical marijuana in
2016,” Governor DeSantis said in a statement. “I thank my
colleagues in the Legislature for working with me to ensure the will of
the voters is upheld. Now that we have honored our duty to find a legislative
solution, I have honored my commitment and filed a joint motion to dismiss
the state's appeal and to vacate the lower court decision which had
held the prior law to be unconstitutional.”
Eligible patients—adults at least 18 years of age—can now purchase
up to 2.5 ounces of flower-type cannabis in 35-day increments and possess
up to four ounces of possession at any time. Patients under 18 years old
need to obtain a second opinion or be diagnosed with a terminal condition.
Patients will have a choice of flower-type cannabis or pre-rolled joints.
Refills will be available every six months.
The Florida Department of Health has yet to release guidelines for qualified
physicians and approve current dispensaries to sell smokable cannabis
products, which means they are not available just yet. Patients are not
allowed to smoke in public.
The legalization of recreational marijuana appears to be on the horizon
in Florida in upcoming elections. So far, only ten states and Washington
D.C. allow recreational use and sale of marijuana, while 34 states permit
medicinal use.
If you have been arrested for
possession of cannabis in Daytona Beach,
contact our experienced criminal defense attorney at the
Law Offices of Robert Stepniak today and schedule a consultation.