First, it is important to remember that possession of marijuana is still illegal under Federal Law. As of the writing of this article, it remains a Schedule I drug. This prohibits its use. With that said, Federal prosecution of a personal use amount of cannabis is highly unlikely even without State law decriminalizing its possession. However, a person always needs to be mindful of this distinction when entering Federal property (U.S. parks, buildings, etc.) as that Florida Medical Marijuana Card may not be a get-out-of-jail-free card.
Second, let’s talk about Florida law.
The first requirement to legally possess Marijuana in Florida is to be a “Qualified Patient.” Fla. Stat. 381.986(1)(m) defines such a person as one who is “a resident of this state who has been added to the medical marijuana use registry by a qualified physician to receive marijuana or a marijuana delivery device for a medical use and who has a qualified patient identification card.”
So, what types of conditions will allow a person to become a “Qualified Patient”? A person must be diagnosed with one of the following conditions per Fla. Stat. 381.986(2):
(a) Cancer.
(b) Epilepsy.
(c) Glaucoma.
(d) Positive status for human immunodeficiency virus.
(e) Acquired immune deficiency syndrome.
(f) Posttraumatic stress disorder.
(g) Amyotrophic lateral sclerosis.
(h) Crohn’s disease.
(i) Parkinson’s disease.
(j) Multiple sclerosis.
(k) Medical conditions of the same kind or class as or comparable to those enumerated in paragraphs (a)-(j).
(l) A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.
(m) Chronic nonmalignant pain.
Let’s now assume that a person has a qualifying condition and a physician has made the appropriate diagnosis and a Medical Marijuana Card has issued. How much marijuana can the person now possess. Again, Florida law is very clear but it does allow for exceptions when medically necessary. The basic rules, per Fla. Stat. 381.986(4)(f), are:
- A 70-day supply with no more than two refills for non-smokable marijuana.
- A 35-day supply with no more than five refills for smokable marijuana.
Lastly, you have your diagnosis, you have your Card, you have your prescription filled. What must you do now. Again, the statute is very clear. Fla. Stat. 381.986(14) states:
“… a qualified patient and the qualified patient’s caregiver may purchase from a medical marijuana treatment center for the patient’s medical use a marijuana delivery device and up to the amount of marijuana authorized in the physician certification, but may not possess more than a 70-day supply of marijuana, or the greater of 4 ounces of marijuana in a form for smoking or an amount of marijuana in a form for smoking approved by the department pursuant to paragraph (4)(f), at any given time and all marijuana purchased must remain in its original packaging.” (emphasis added).
The provision that is most likely to snare the unwary is the packaging rule. You absolutely cannot transfer your marijuana, in whatever form, into another container. Not baggies, not Tupperware, not nothing. Just keep it in the packaging that was given to you by the dispensary.
Lastly, use as prescribed in locations where use is allowed.
If you follow these rules, you should avoid any criminal liability for your possession of marijuana. You violate these rules, and you may be subject to misdemeanor and felony charges.