FAQs Fast

Here’s how and where I can get medical cannabis. First, you need to see a qualified doctor who can check if you’re eligible for it. If the patient is approved and the doctor says yes, they will put your name in the Florida Marijuana Use Registry. Next, the Department of Health will send you a card in the mail. Once you have the card, you can go to any of the places that sell medical cannabis in Florida. 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 if you need it.

Learn more about medical cannabis:
Medical Marijuana Blog

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 have helped its rising popularity. Cannabis generally has fewer side effects and on the advice of the doctor, may be used as a replacement treatment for the usual harmful medications commonly prescribed for many of these conditions. For more information, read our article “Can I Serve as a Legal Representative if I’m a Patient?”.

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

“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.

“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 more significant role in the physical healing properties.

Marijuana is considered a controlled substance by the Food and Drug Administration and has not been approved as safe or efficient, 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 significant 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.

Cannabidiol (CBD) is the natural component of cannabis responsible for the physiologic, medical benefits. There is a 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 makes you feel you are comfortable.

Fast FAQ: Could Florida recreational marijuana be legalized?

YES.   The Florida Medical Marijuana Treatment Centers make a variety of strains or products available. We test strains for the relative amounts of CBD and THC. We use this information to pinpoint the different properties designed to treat your condition. Additionally, the MMTCs carry different forms, including liquids that you can vaporize, oils, concentrates, topical ointments, wax, pills, and accessories. Infusing cannabis extracts into food enhances its preparation. The state of FL modifies its laws occasionally. Until 2018, the law forbade the sale of marijuana flowers. Fortunately, the possession, use, or administration of marijuana in a form for smoking has been approved for flower in a sealed, tamper-proof receptacle for vaping. Possession or personal cultivation of flowers is currently illegal in Florida. The many different types of medical marijuana plants lend to the variety of strains or products available.

The Main Marijuana strains

These are typically categorized into several types based on their effects, genetics, and chemical profiles. Here are the main categories:

• Sativa: Known for its energizing effects, sativa strains are often used daily. They are said to promote creativity and focus.
• Indica: These strains are associated with a relaxing and sedating effect, and they are often recommended for evening use to help with sleep.
• Hybrid: Hybrids blend Sativa and Indica strains, aiming to offer a balance of energizing and relaxing effects.
• Ruderalis: Less common, ruderalis strains are typically not used for recreational purposes due to their low THC content but are sometimes used in breeding for their auto-flowering properties.

Additionally, strains are also identified by their cannabinoid content, such as:

• Type I: High THC content.
• Type II: Balanced THC and CBD.
• Type III: High CBD content.

Each strain can have different levels of cannabinoids like THC (tetrahydrocannabinol) and CBD (cannabidiol), as well as various terpenes, which contribute to their unique effects, aromas, and flavors. It’s important to note that the effects can vary from person to person and depend on the individual plant’s chemical composition and how it was grown.

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

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.

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.

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

YES.     A history of violent, drug-related crimes may lead to the denial of a medical marijuana card. Such crimes often involve illegal weapons, drug manufacturing, or sales. Moreover, if you don’t comply with Florida’s medical marijuana laws, you might lose your card’s protection. Consequently, you could face severe criminal charges. Remember, getting and keeping a medical cannabis card is a privilege, not a right. Other reasons patients can be denied can be found here:  Top 5 Reasons Marijuana Cards are Denied. The existence of a drug-related crime may be an obstacle to you getting automatic approval as a patient with chronic disease or debilitating symptoms. 

A History of Drug-Related Violent Crimes

Many Americans have always used cannabis medicinally to help moderate symptoms, even before it was legalized. Unfortunately, some of these people have prior charges for cannabis possession. In most states, if the amount was less than two ounces, it is categorized as a ‘personal use’ amount. Having a personal-use drug charge or prior might not create a problem when you want to get your medical card. However, if you were charged with drug distribution or manufacturing, that may be a larger problem to getting a card. In addition, if you were ever convicted of a crime where a gun and/or drugs were involved, that may also pose a significant obstacle. Criminal charges resulting from a violent crime or involving guns may not make it possible to get approved for your medical marijuana card.

If you’ve ever asked the question, “How do I get certified for medical marijuana?” here’s the answer. To obtain medical marijuana, patients need to follow these steps. First, they should visit a qualified physician for an evaluation. If the physician approves, they will enter the patient into the Medical Marijuana Use Registry. Next, the Florida Department of Health will send the patient a medical marijuana ID card. Finally, the patient or their legal representative can visit or contact one of the licensed medical marijuana treatment centers to fill the order. You can find a list of the Florida MMTCs in our office or at http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/index.html.

The current processing time for a medical marijuana application is 10-14 days from the time the Medical Marijuana Use Registry receives it. They send you an approval email at that time. Your approval email can be used in the dispensaries as a temporary card until your actual card arrives in the mail. 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.

A medical marijuana registry card (also known as “MMID card”) is an ID card used by patients to purchase marijuana in medical dispensaries. It is required for the patient to legally use medical cannabis for their approved medical condition. 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).

For more information, see our related pages “Cannabis Card Benefits“and “How to Get Your Marijuana Card”. To learn more marijuana facts, visit our medical marijuana FAQ page. Call us at (786) 953-6838 to schedule an appointment and get your marijuana card today!

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

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.

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.

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.

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 patient profile. Following their instructions, you must submit an electronic copy of 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 requirements. More information about the process is available on the state’s patient profile website.

YES.     The Department of Health expires your medical marijuana certification one year after its 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. To renew, you need only go to your registry card profile online. There is a card renewal option that takes you to the payment portal. The annual fee is $75.

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.

Fast FAQ: How do I order my refill?

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.

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.

YES.     After you are certified and registered by one of our physicians, the state will send your acceptance email, usually within a few 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 buy 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.

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.

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

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 http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/index.html.

Your cannabis card can now be used to buy marijuana at any of the state-licensed Florida dispensaries. If you have any questions about orders or recommendations from your doctor, call us at (786) 953-6838, and we will be happy to assist you. You will need to get recertification on your prescription every seven months. Call us to schedule your recertification visit within 45 days of your expiration.

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 Dispensary Locations. This list of MMTCs is also provided on the state Medical Marijuana Use website or can be obtained from the KindHealth Marijuana Doctors clinic.

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 to purchase your marijuana or a marijuana delivery device. Also, showing your card to law enforcement is very helpful in assisting in verifying 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.

Florida law allows for a prescription of only up to 70 days worth of cannabis medicine and patients must get 2 more refills for a total of 210 days 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 4 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.

Decoding the Marijuana Delivery Device

A marijuana delivery device A marijuana delivery device serves as a tool for preparing, storing, ingesting, inhaling, or introducing marijuana into the human body. It is dispensed from a medical marijuana treatment center for medical use by a qualified patient. These objects facilitate patients using medical cannabis. It ensures you can consume your medication safely and effectively. Think of it as a bridge between the medical marijuana and your relief. Whether it’s a vaporizer, an inhaler, or an oral syringe, crafters design each device to deliver the therapeutic benefits of cannabis directly to you. A vape pen, commonly sold at most Florida dispensary locations, would be considered such a device.  Simple, secure, and specialized—that’s the essence of a marijuana delivery device.

Choosing a Cannabis Delivery Device

Choosing the suitable marijuana delivery device for your needs involves understanding the different methods available and considering your personal preferences, medical requirements, and lifestyle. Here’s a step-by-step guide to help you select the ideal device:

1. Identify Your Consumption Preference: Do you prefer inhalation, oral consumption, or topical application? Each method offers a unique experience and effect.

2. Consider the Onset and Duration: Inhalation methods like vaporizers provide quick relief, while edibles have a delayed onset but longer-lasting effects.

3. Evaluate Convenience and Portability: Consider vape pens or tinctures if you need a discreet and portable option. For home use, larger devices like water pipes might be suitable.

4. Assess Dosage Control: Devices like vaporizers and tinctures allow for precise dosing, which is crucial if you’re new to cannabis or need to manage your intake carefully.

5. Think About Health Implications: Some methods, like smoking, can have respiratory effects. If health concerns are a priority, look into smoke-free options like edibles or topicals.

6. Consult Your Healthcare Provider: Your doctor can provide advice based on your medical history and current treatment plan.

7. Research and Read Reviews: Look up information on different devices and read user reviews to gauge their effectiveness and ease of use.

By considering these factors, you can make an informed decision and choose a marijuana delivery device that aligns with your needs and enhances your therapeutic experience. Remember always to follow local laws and regulations regarding cannabis use.

The question of how much flower can I legally carry comes up often. In Florida, the legal limit for possession of cannabis flowers depends on whether it’s for medical or recreational use. If you have a medical marijuana card, you can legally possess up to 4 ounces of whole-flower cannabis at any given time. Medical treatment patients can purchase up to 2.5 ounces (71 grams) of smokable flower within a rolling 35-day period.

Qualified doctors usually recommend the base limits based on community standards of care. Under extraordinary circumstances, the physician can request an exception for an increased amount of over 2.5 oz. The doctor then submits paperwork to the state for eligible patients based on increased medical needs. Doctors at the Florida Department of Health review the patient’s medical need for a higher amount of cannabis than the base amount. Once they render their judgment, they inform both the patient and the qualified doctor of their decision to grant the overage. 

If you don’t have a medical marijuana card, possession of marijuana is illegal and can result in legal consequences. We strongly advise permanently storing your flower in a container marked by a licensed medical treatment center and always carrying your Florida medical card on you.

Recreational Use

Since the failure of ballot initiative 3 in November 2024, recreational marijuana is still illegal in Florida, so possession of cannabis flower for non-medical use is not permitted. So, if your asking how much flower can I legally carry” remember the answer is zero if you don’t have a Florida medical cannabis card.

NO. Unfortunately, Florida does not currently accept medical marijuana cards from out-of-state. While many states offer a reciprocity program, Florida is not one of them. If you have a medical marijuana card from another state, you won’t be able to use it to purchase or use medical marijuana in Florida.

If you are a permanent or seasonal resident in Florida, you must apply and qualify for your Florida medical card. To findu want more information on how to get an MMJ card in Florida, please call KindHealth at 786.953.6838.

Florida does, however, offer limited reciprocity for certain out-of-state patients. If you are a visitor to Florida and need medical cannabis, you can apply for a temporary card. It’s important to follow these specific steps to ensure a smooth application process:

1. Complete a Visiting Patient Form: Florida requires a valid government-issued ID and proof of your out-of-state medical marijuana card.
2. Submit Medical Records: Provide up-to-date medical records from a qualified physician in your home state detailing your qualifying condition.
3. Consult a Florida Licensed Physician: Schedule an appointment with a licensed physician in Florida who can verify your medical condition.
4. Pay Application Fees: Application fees are associated with obtaining a temporary medical cannabis visitor card.
5. Receive Temporary Card: Upon approval, you’ll receive a temporary card that allows you to purchase medical marijuana products from a Florida-licensed medical marijuana treatment center.  

KindHealth does not advocate carrying cannabis products across state lines. Intrastate transport is still a federal offense; getting caught falls under federal jurisdiction. It’s crucial to have your documentation and be extremely cautious when transporting cannabis products across state lines to avoid any legal complications. The Florida Department of Health MMJ program is available for more information.

What If I Need to Replace My Florida Medical Card?

If you need a replacement Florida medical card, you’ll need to get a change, replacement, or surrender request form from the Office of MJ Use (OMMU) website. You will also need a copy of a patient’s Florida driver’s license or identification card. Then, follow these steps. First, log in to the Florida Department of Health’s Navigate to the “My Card” section and select the option to request a replacement. Fill out the required information and pay the replacement fee.

Once your request is processed, you’ll receive your new card in the mail. This ensures you can continue to legally access your medication without interruption. The Medical Use Registry replacement card costs $15.00. KindHealth advises patients who need to replace a Florida medical card to wait until they are ready to pay the annual fee of $75.00. This may save you money since a new card will be issued at that time to avoid the additional $15.00 fee.

NO. Only Florida state-licensed medical dispensaries can cultivate and provide any kind of medical products to patients in the state of Florida. Florida does not allow medical treatment patients to grow or cultivate their own flower.

Can You Use Your Florida Medical Card in Other States?

Yes, you can use your Florida medical card in other states, but it depends on the state’s laws. Some states have reciprocity agreements, meaning they recognize out-of-state medical cards.

KindHealth informs patients that traveling with medical products across state lines is a felony. Even if the patient travels between two states with medical laws, transporting a product across state lines falls under federal guidelines. 

Patients with their Florida medical card must review the regulations for the specific state they are traveling to. Here are a few states that accept Florida medical cards under particular guidelines:

• Arkansas
• District of Columbia
• Hawaii
• Maine
• Nevada
• New Hampshire
• New Mexico
• Oklahoma
• Rhode Island
• Utah.

Check Specific State Regulations

However, it’s essential to check the specific regulations of the state you plan to visit, as rules can vary. Some states may require you to register with their medical card program before purchasing or possessing your medicine.  Here is a list of resources where to review specific state regulations for medical card use.

1. Centers for Disease Control and Prevention (CDC): They provide a comprehensive overview of state medical laws and updates on state-regulated programs.
2. DISA Global Solutions: They offer an interactive map that details the legality of the medicine in each state, including medical and recreational use.
3. MJ Policy Project (MPP): This organization provides detailed reports on state-by-state medical card laws.
4. FindLaw: This resource has a section on med card laws and regulations, including state-specific guides.
5. National Conference of State Legislatures (NCSL): They maintain a database of enacted state legislation, which is regularly updated.

These reliable and regularly updated sources make them excellent references for understanding the varying regulations across different states. If you need help finding information about the state they intend to travel to, please feel free to contact us, and a staff member will look over the situation and help you to the best of our ability.

It is not hard to find medical marijuana doctors in Florida. Any doctor licensed in Florida who has also taken the Florida Medical Marijuana Registry certification is qualified to evaluate potential cannabis patients. If you have a personal physician already, it may be worth the time to ask them if they can/will certify you. They may not be willing to, based on any one of a number of legitimate reasons. If they are not willing to, 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.

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.

Fast FAQ: Who can sell medical marijuana?
Fast FAQ: As a patient can I grow my own plants?

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 for any delivery failure to the Registry.

Fast FAQ: Can I get my marijuana evaluation online?
Fast FAQ: What do I send to the state online?

NO.     KindHealth charges a fee for its 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 excellent service we render, regardless of whether or not the evaluation results in successful certification. Read more on the qualifying medical marijuana conditions in Florida.

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 marijuana qualifying conditions in Florida. If you have seen a physician in the past for your situation, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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). Also, bank insurance regulations prohibit cannabis-related financing. Consequently, payments for marijuana products and related services are primarily done on a cash basis.

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.

 NO. A Florida recreational marijuana program does not exist at the time of this post. Although lawmakers have introduced bills pushing statewide referendums, these amendments have not passed. An amendment would need at least 60% of voters to pass. Despite the failures, attempts to legalize recreational marijuana in Florida continue. So, unfortunately, the only legal cannabis currently available in Florida is through the state medical marijuana program.

The Future is Bright

Optimistically, it is possible that could change sometime in the near future. A proposed amendment seeks to authorize the use of recreational marijuana for people 21 and older while also allowing individuals to possess up to 3 ounces of marijuana. The Florida Supreme Court heard arguments on the amendment from both state lawyers and cannabis advocates. The Supreme Court Justices have until April 1, 2024, to decide on the case. If the initiative passes, Florida residents will see recreational marijuana on the ballot as an initiated constitutional amendment on Nov. 5, 2024.

Florida Recreational marijuana

Recreational marijuana, also known as adult-use marijuana, would make the sale of marijuana to adults age 21 and older to use for personal enjoyment; not just health benefits. Recreational drugs are often used for their psychotropic effects without any medical justification. There is not much of a difference in quality between medicinal and recreational cannabis. There is however a stricter and controlled process in cultivating cannabis meant for medical use.

The main difference between them is how they’re sold. The medical marijuana program in Florida requires a medical marijuana card to make a purchase. There are many laws in place that now forbid the possession, selling, and transporting of marijuana, marijuana products and accessories. Of note, only Florida residents are eligible to participate. For a Florida recreational marijuana program, purchases can be made by any person over the age of 21, including non-Florida residents.

Learn more:
Are there Dispensaries in Florida?

YES.  Patients often ask why do I need to try vaping before flower? Doctors ordering cannabis are bound by law to follow the 2021 Florida laws. Florida Statute 381.986 defines the Medical Use of Marijuana. Paraphrasing it, if the doctor finds smoking as an appropriate route of using cannabis, they must be able to show the Florida Medical Board the following:

• A list of other routes of use that the patient has tried,
• the length of time the patient used such routes, and
• an assessment of the effectiveness of those routes in treating the patient’s qualifying condition.

The only way a doctor can show this is if they have you try vaping before they add flower to your prescription. The Medical Board’s rational is as follows. Between the two inhalation routes of smoking cannabis, the method of heating weed using a vape pen is safer than directly burning flower or bud. Burning allows more harmful particles into your lungs than vaping. As a result, first-time prescriptions, with the exception of patients with terminal cancer, do not include flower or bud.

For patients who have tried to vape in the past and not tolerated it, their prior use needs to have been under a doctor’s supervision. To meet the Statute requirements, new registry patients need to first buy and use a vape pen from a licensed MMTC. If they are unable to tolerate it, they can contact the doctor to have flower added. So, despite the inconvenience, patients do need tor try vaping before flower. Click here for a link to the 2021 Florida Statute 381.986.

MAYBE.      There is currently no Florida legislation specifically excluding qualified medical marijuana patients from holding a concealed carry permit. That said, the conflicting language between Federal and state law makes this a complicated issue to answer precisely. In addressing this question, two categories need to 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 purchase a firearm legally. 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 its 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 licenses 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.

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 the use of medical marijuana is legalized and available in Florida, it remains illegal under federal law.

Fast FAQ: Where can I buy my medicine?
Fast FAQ: How does Florida define marijuana?
Fast FAQ: Does the federal government classify marijuana as legal?
Fast FAQ: Can My Employer Drug Test Me?

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.

Fast FAQ: Who can sell medical marijuana?

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 expanded 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 prescriptive authority for physicians, the Drug Enforcement Agency (DEA), does not recognize marijuana as medicine.

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.

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 severe, and punishment for people found guilty is frequently very steep. Fortunately, for the most part, the federal government honors the requirements established by the medical marijuana programs of each state.

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 more comprehensive public acceptance of ‘all issues cannabis,’ and growing recognition by state legislatures seeing significant revenue from marijuana sales, a brighter future for Florida recreational use seems a fait accompli.

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.

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.

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.

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.

With the signing of Florida SB 182 on March 18, 2019 overturning the ban on smoking cannabis, medical cannabis patients are now able to obtain whole cannabis flower in prepackaged forms and/or pre-rolls. Patients with physician recommendations for smokable cannabis are allowed up to 2.5 oz. every 35 days and possess up to 4 oz of cannabis flower at one time. While it is legal for patients to smoke flower, it is important to remember the public consumption medical cannabis by smoking, vaping or otherwise is still illegal.

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.

For more information, read our related article “The 411 on the Florida Marijuana Card“.

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. For the smokeable flower, patients may buy up to 2.5 oz per month. There is a 5 oz limit for the total amount of flowers you can have at any given time. Legal purchase amounts.

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

Selling Marijuana

• 3rd degree felony – up to five years in prison, five years on 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

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.

Fast FAQ: How does Florida define marijuana? 
Fast FAQ: Can I travel in-state with medical cannabis?
Fast FAQ: Is cannabis flower legal in Florida?

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 go outside Florida with cannabis, 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 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.

YES.      With the signing of Florida SB 182 on March 18, 2019, overturning the ban on smoking cannabis, medical cannabis patients are now able to obtain whole cannabis flowers in prepackaged forms and pre-rolls. Patients with physician recommendations for smokable cannabis are allowed up to 2.5 oz. every 35 days from their dispensary. While it is now legal for patients to smoke flower, it is important to remember the public consumption of medical cannabis by smoking, vaping, or otherwise is still illegal.

Fast FAQ: Is smoking the only way to use marijuana?
Fast FAQ: What are the ways I can ingest my marijuana?

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.

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, history, and lifestyle.

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.

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 food to make edibles themselves. While it is also legal for patients to smoke flower, at this time, the regulations under which flowers can be sold to patients have yet to be determined, and they are not widely available at the retail level.