Florida Marijuana Laws: What You Need To Know

Bill Allen | June 20, 2024 | Florida Law

Florida Marijuana Laws: What You Need To Know

At the federal level, Marijuana is illegal in the United States. According to federal law, marijuana is classified as a Schedule I drug under the federal Controlled Substances Act. However, some states have legalized marijuana for medical and/or recreational use.

Florida cannabis laws address medical marijuana versus recreational marijuana. Below are common topics that relate to the question, “Is weed legal in Florida?”

What Are Florida Marijuana Laws for Recreational Marijuana?

Is it legal to smoke weed in Florida? That depends on why you are smoking the substance. Recreational marijuana is illegal in Florida. You can be arrested and charged with a drug crime. 

However, Florida’s medical marijuana laws allow some people to use medical marijuana for specific health conditions.

The Florida Compassionate Medical Cannabis Act of 2014 legalized medical marijuana in Florida. However, you are required to obtain medical marijuana from a practitioner or pursuant to a valid prescription, according to Florida Statute §893.13. The Act legalized the medical use of cannabis that had THC levels of .08% or below.

Florida Statute §381.986 defines the medical use of marijuana in the state. The statute lists medical conditions that could qualify someone to use medical marijuana. Examples of medical conditions that could qualify for medical marijuana include, but are not limited to:

  • HIV
  • Chronic pain
  • Cancer
  • PTSD
  • Crohn’s disease
  • Multiple sclerosis
  • Amyotrophic lateral sclerosis
  • Glaucoma
  • Parkinson’s disease
  • Epilepsy
  • Other terminal medical conditions

If someone lies about their symptoms to obtain a medical marijuana prescription, they can face criminal charges. Doctors must follow specific requirements before prescribing medical cannabis in Florida.

It is illegal to eat marijuana edibles for recreational purposes. However, if you have a medical marijuana prescription, you can legally consume marijuana edibles (assuming you’re complying with all of Florida’s medical marijuana restrictions). You can also use marijuana oils and sprays with a medical marijuana prescription.

Are Minors Approved for Medical Marijuana Cards in Florida?

Minors may be approved for medical marijuana for severe illnesses and health conditions. However, they must meet strict guidelines. Two physicians must evaluate the minor and determine if the patient has a condition that qualifies for medical marijuana use. Also, the minor’s parents must approve of their child using medical marijuana.

Can You Drive After Using Marijuana in Florida?

Driving under the influence of marijuana is illegal in Florida. You can also face impaired driving charges if you operate a vehicle while smoking or consuming marijuana. The law applies to medical marijuana as well as recreational marijuana.

If you cause a drugged driving accident after consuming marijuana, you can face civil penalties in addition to criminal charges. People injured in a marijuana driving accident can sue you for damages they sustain because of the accident.

What Should I Do if I’m Injured in an Accident Caused by a Drugged Driver?

DUI accidents can result in severe injuries. The victims of drugged driving accidents may sustain permanent impairments because of their injuries.

If the driver who is under the influence of marijuana caused the accident, you may have a claim against the driver for your damages. You might be able to sue the driver for economic and non-economic damages such as:

Punitive damages could also be awarded in drunk and drugged driving cases.

A personal injury claim for an accident caused by a driver who has been smoking marijuana can be challenging. Proving the person is under the influence of marijuana may not be sufficient to prove liability. You must prove that the driver caused the car accident to hold them liable for damages.

Residents of Ocala can use medical marijuana with a prescription. However, recreational marijuana is illegal in Ocala. It is also illegal to drive under the influence of marijuana in Ocala, FL. If you’ve been injured in an accident with someone who was smoking marijuana, call a personal injury lawyer for a free consultation. An attorney can evaluate your case and explain your legal rights.

Contact Our Ocala Personal Injury Law Firm in North Central Florida

If you need legal assistance, contact the Ocala personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652