Why Keep Your Medical Marijuana Card in Florida?

Florida’s Marijuana Legalization Initiative: Understanding Amendment 3 and Its Implications

Florida’s upcoming vote on Amendment 3, legalizing recreational marijuana for adult use, has raised questions for many medical marijuana patients. While this amendment potentially represents a significant step forward, it’s important to understand that it does not replace or supersede the existing medical marijuana program. There are several compelling reasons to maintain your medical marijuana card even in a state with recreational use.

If Recreational Marijuana is Legalized, Keep Your Medical Marijuana Card Active

The discussion on recreational marijuana in Florida is still in its early stages, and the specific rules and regulations governing the program are yet to be finalized. It’s probable that legislators at the state level may impose restrictions on recreational cannabis that could limit its effectiveness for certain patients. By maintaining a Florida medical marijuana card, patients can ensure that they continue to have a reliable source of medication even if the recreational market is constructed in a way that presents unexpected barriers.

If Amendment 3 is passed, patients will still need an active medical marijuana card to access dispensary products until the new system is fully implemented. While Amendment 3 explicitly stipulates that the new regulations should be in place six months after the amendment’s passage, anticipated legal challenges and court cases could drive the actual implementation date well into 2026. If you do not have an active medical marijuana card during that time, you will not be able to purchase medication from medical dispensaries to treat your condition. 

Avoiding THC Caps and Taxes

One of the primary advantages of holding a medical marijuana card is the potential to avoid or minimize the impact on your treatment plan by THC caps and taxes. While the specific regulations for recreational marijuana are still being developed, there’s a strong possibility that the state will impose limits on the allowed percentage of THC present in recreational cannabis products. Medical marijuana products, however, are often exempt from these restrictions. Medical marijuana purchases may also be exempt from state taxes, resulting in significant cost savings compared to high tax rates on recreational cannabis products. For context, in Washington state, the tax rate on adult use cannabis is 37.5%. 

Supporting Small and Medium-Sized Businesses

The legalization of recreational marijuana has significant implications for the existing cannabis industry within the state, particularly for small and medium-sized hemp CBD businesses. While the recreational market may present new opportunities, it also poses challenges for existing medical marijuana businesses. To keep customer costs down and prevent larger corporations from calling the shots, it is critical that these small and medium businesses stay in business and provide quality CBD products for patient use. By continuing to purchase medical marijuana, patients can help support these businesses and contribute to a thriving cannabis ecosystem in Florida.

Accessing Personalized Care and Support

A Florida medical marijuana card provides patients with access to a qualified physician who can assess their individual needs and recommend appropriate treatments. These physicians can offer guidance on dosage, usage, and potential side effects, ensuring that patients are using cannabis safely and effectively. Moreover, medical marijuana dispensaries often provide additional support services, such as educational resources and patient counseling.

Find a Medical Marijuana Doctor in Florida Today

While the possible legalization of recreational marijuana in Florida is a major milestone, it’s important for medical marijuana patients to understand the benefits of maintaining their cards. By avoiding potential THC caps and taxes, accessing personalized care, and supporting local businesses, patients can continue to enjoy the benefits of medical marijuana while navigating the evolving landscape of cannabis legalization. If you or a loved one believe you may qualify for medical marijuana in Florida, contact us today to schedule your appointment with an experienced Florida medical marijuana doctor

Frequently Asked Questions

The following questions and answers are summarized from the live Q&A session of the MarijuanaAware Patient Education webinar on Amendment 3. The recorded webinar can be found here. The full text of the constitutional amendment is hosted by the Florida Division of Elections here. For an overview of the amendment, click here.

What is adult use marijuana?

Adult Use and Recreational Use refer to the same state of legalized cannabis consumption without a medical card.

If Florida’s Marijuana Legalization Initiative passes, can users smoke cannabis products in public?

Florida medical marijuana legislation currently restricts the consumption of cannabis products to private settings. If recreational use is legalized, public consumption will likely be limited to the same designated spaces where you are permitted to smoke cigarettes.

Will residents be able to grow cannabis legally if Amendment 3 is passed?

No. In the text of Amendment 3 as it exists right now, there are no provisions for home grow. Florida politicians currently in office have suggested that they will not be open to changing that.

Will any and all cannabis be legal following the Amendment 3 changes?

No. This amendment still restricts cannabis purchases to state-licensed dispensaries. Similar to a medical marijuana product or a traditional prescription medication, you will need to keep your cannabis product in its original packaging so that it can be verified to be legal product.

Will patients still have to pay for a medical marijuana card to access medical marijuana products? What’s the benefit?

If Amendment 3 passes, regulations must be finalized and implementation must begin “no later than six (6) months after the effective date”, though determined politicians have delayed similar programs before.

In the interim, despite recreational marijuana being technically legal, it will not be available to purchase before the regulations are fully in effect. In order to continue to legally purchase cannabis products from state-licensed dispensaries, you will still need an active medical marijuana registry ID card and a recommendation from your physician.

Once the Amendment 3 regulations are in effect and adult use cannabis is available to purchase at dispensaries, there are still some noteworthy benefits to maintaining an active medical marijuana card. In states where both adult use and medical cannabis products are available, the tax rate on adult-use cannabis can be as high as 30%. Recreational products are also restricted by a THC cap. As a result, medical cannabis patients would likely spend much more money to achieve similar effects via recreational products.

If you have a state ID card in Florida, will you still need to see a doctor twice a year?

Florida medical marijuana legislation currently requires a patient to see their qualifying doctor about twice a year (every 210 days) in order to maintain an active recommendation, and renew their registry ID card annually. The regulations outlined in Amendment 3 do not address these requirements.

I heard that medical marijuana patients in Florida are prohibited from buying firearms. Will Amendment 3 prohibit recreational cannabis users from buying firearms?

Florida medical marijuana patients are not prohibited from owning firearms. There are restrictions to buying new firearms, but there have been legal challenges to those measures.

There is a form produced at a federal level that a person has to fill out in order to legally purchase a new firearm. On that form, there is a question on whether you use marijuana recreationally or medically. You should answer this question honestly and accurately. Currently, answering yes means that you may be prevented from purchasing the firearm. This is because cannabis is a Schedule One narcotic, meaning that the US government feels that it has no medical benefit and a high risk for addiction and abuse.

Where is the best place to find more information on terpenes and marijuana in general?

MMTC is proud to sponsor MarijuanaAware Patient Education, an award-winning series of free online education events held by Florida medical marijuana experts with a mission to provide reliable information to patients in the comfort and safety of their own homes. While attending these webinars, patients have the ability to ask questions live and get answers in real time.

RSVP to future events, view speaker profiles, and access resources on each topic at MarijuanaAware.com, or view past webinars, Q&A sessions with experts.

Popular topics include:

  • Getting Started with Medical Cannabis (bit.ly/gettingstartedmmww)
  • Florida’s Medical Marijuana Program (bit.ly/ommu)
  • Falling Asleep and Staying Asleep with Medical Cannabis (bit.ly/sleepingwithcannabis)
  • The Active Components of Cannabis (bit.ly/activecannabinoids)
  • The Endocannabinoid System (bit.ly/endo-system)
  • Easing Anxiety and Stress (bit.ly/anxietycannabis)
  • Medical Marijuana Terminology (bit.ly/mmterminology)
  • Medical Methods of Consumption: Can I Use Marijuana Without Smoking? (bit.ly/methodsofconsumption)
  • Why does cannabis affect individuals differently? (bit.ly/cannabiseffects)
  • Your Terpene Toolbox: Choosing the Right Terpenes for Your Condition (bit.ly/terpenetoolbox)

MarijuanaAware presents Cannabis Snippets, available to watch now.

Getting Started with Medical Marijuana (Watch)

Industry experts cover the basics of medical marijuana use, then show you how to get the best results for your condition and create the right treatment plan for you.

Understanding Cannabis as Medicine (Watch)

Learn about the key components of cannabis, current regulations, and how this natural and nonaddictive resource can address chronic medical conditions.

The Endocannabinoid System (Watch)

Get information on how your body processes cannabinoids to unlock therapeutic benefits ranging from pain management to anxiety reduction to appetite control.

Florida Medical Marijuana Regulations (Watch)

Who qualifies for medical marijuana in Florida? Who decides on your products, your doses, and your dispensaries? Learn about Florida’s Office of Medical Marijuana Use.

What is THCa? (Watch)

THCa is a lesser-known psychoactive component of cannabis, and the regulations surrounding it are ambiguous. Experts weigh in on best uses for this cannabinoid.

I’ve read through the proposed Amendment 3 document, but I saw nothing about a consumer allowance for a set of plants that can be grown. Is there any information about that thus far?

The text of the amendment does not specifically mention a personal grow allowance. It focuses on allowing adults 21 and older to buy cannabis from state-licensed dispensaries. There aren’t any plans to add new dispensaries either.

How long is the limit on possession of THC? A week, a month?

The limits are based on how much you have in your possession at one time, not how much you purchase over a certain period. The amount you are able to purchase currently must be determined by the medical marijuana recommendation from your medical provider. 

If Amendment 3 passes, the state will likely put in place limits on how much you can buy in a certain period, similar to the medical marijuana program.

If Amendment 3 is passed, won’t it be possible to tweak the regulations in later legislation? Maybe more easily than starting from scratch?

That’s a possibility. The main point of contention on the question is the knowledge that legislature could take months or even years to make changes. Some people think that it may be better to start over with a new bill, while others are hoping to kickstart legalization with this amendment and hope to refine the program down the road.

When a patient purchases a product from a dispensary, the product is trusted because of all the required testing. If other entities are permitted to sell within the same dispensary, what securities are in place to ensure that standard of quality and content?

Under the current medical marijuana regulations in Florida, each product purchased at a Florida licensed dispensary has a Certificate of Analysis (COA) available upon request. This record is produced for each batch of cannabis product, to document the findings of a third-party lab test to ensure accurate content and quality control. The COA will list the cannabinoid content and percentages, the terpenes contained in the product, and various safety measures such as a test for mold.

Based on advancements in the regulation of hemp products over the past several years, it is likely that this standard will be required for all products offered within a dispensary. That said, the text of the amendment does not address this specifically.

Why would I pay for a medical marijuana card if recreational marijuana is legalized?

The main reason given by industry professionals is to maintain a patient’s consistency of care. Because the adult use program will take time to implement, an active medical marijuana card will likely still be required in order to access medication from Florida-licensed dispensaries in the meantime.

Second, we don’t know yet what the state will do with things like THC limits and taxes. If they follow other states like Texas and Georgia, the adult-use program might be very restrictive. This could make it hard for medical patients to get the products they need.

So, it’s a good idea to keep your Florida medical marijuana card for now.

What happens to existing dispensaries?

Amendment 3 has the potential to significantly impact cannabis access in Florida. While it will undoubtedly reduce low-level marijuana possession charges, its overall impact on the market is uncertain.

Positive Impacts:

  • Reduced Criminalization: A major benefit is the decriminalization of marijuana, which will lead to fewer arrests and convictions.
  • Expanded Access: It could potentially expand access to cannabis for medical and recreational use.

Potential Drawbacks:

  • Limited Market: The amendment may not fully address the needs of consumers, potentially leading to limited product variety and higher prices.
  • Regulatory Uncertainty: The specific regulations and restrictions imposed by the state government remain unclear, which could impact both consumers and businesses.
  • Delayed Implementation: The full implementation of the amendment may take time, and it’s unclear how the transition period will be handled.

It’s important to stay informed and advocate for regulations that prioritize consumer rights and public health. As the amendment moves forward, we’ll have a clearer picture of its potential benefits and drawbacks.