On Election Day, Floridians overwhelmingly voted in favor of Amendment 2 which legalized access to medical marijuana for people with certain conditions. The constitutional amendment was put into effect on January 2017. Now, certain people can obtain medical marijuana in Florida, but the requirements are strict and the process is not simple. People interested in legally purchasing marijuana should consult with a Miami criminal defense attorney knowledgable with Florida marijuana laws which are briefly explained below.
Qualifying for Medical Marijuana in Florida
Under Amendment 2, patients can legally possess and use medical marijuana to treat one of the following “debilitating medical conditions.”
- positive status for human immunodeficiency virus (HIV)
- acquired immune deficiency syndrome (AIDS)
- post-traumatic stress disorder (PTSD)
- amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Parkinson’s disease
- multiple sclerosis (MS)
- other debilitating medical conditions similar to those above and that a qualified physician recommends being treated with medical marijuana
There are other requirements patients must fulfill to be eligible for treatment using medical marijuana in Florida, including the following.
- Must be a Florida resident.
- Diagnosed by their qualified ordering physician with a qualifying condition.
- Treated by said physician for at least 3 months immediately prior to an order of medical marijuana being placed.
- Registered with the Compassionate Use Registry by the ordering physician.
- Must have valid Compassionate Use Registry identification card.
- If under 18, must have an additional recommendation from a second physician.
- Tried other treatments without success.
- Risk of using marijuana was determined to be reasonable by the ordering physician.
It is the responsibility of a qualified physician authorized to order marijuana (either low-THC cannabis or medical cannabis) to follow Florida marijuana laws, diagnose patients properly, and decide whether to recommend medical marijuana as the most suitable treatment.
Ordering physicians can order up to a 45-day supply of medical marijuana and one cannabis delivery device for their qualifying patients. With a valid Compassionate Use Registry identification card (which needs to be renewed annually), a patient or their legal representative can then contact a licensed dispensing organization to have the order filled.
Once the patient has the medical marijuana, they must follow certain rules and restrictions concerning use, including where it can be used or administered.
If you are considering legally obtaining medical marijuana to treat your debilitating ailments, consult with a Miami criminal defense attorney to become more familiar with Florida marijuana laws. A legal professional can help you avoid to criminal liability and strongly defend your rights in the event that you are charged with a drug offense.
Call Pimentel & Castillo to request a free consultation with an experienced Miami criminal defense attorney today.