There are many ongoing efforts to legalize adult use of cannabis in the state of Florida. Recreational marijuana legalization would mean that anyone 21 years or older could legally purchase, possess and use cannabis in our state.
Recreational use of cannabis (if it is legalized in Florida) will not require a medical card. And if you are an existing patient, you know that there are legal requirements to consult with a cannabis healthcare provider for follow-up appointments to keep your Florida medical card. There is also the cost of the follow-up appointment and annual patient registration fee payable to the state.
It is not surprising that when a state legalizes recreational marijuana, some patients choose to let their medical cannabis card expire. Why bother keeping up with the fees and doctor’s appointments? But if you are managing one or more chronic health conditions, there are some compelling reasons to stay registered with the Office of Medical Marijuana Use (OMMU).
What is the Difference Between Medical and Recreational Use in Florida?
Let’s start with recreational marijuana. Because currently, it is illegal to buy, possess or use cannabis unless you have a Florida medical marijuana card. Even though you pass by retail dispensaries, where you can look inside, you will not be permitted to purchase any medical cannabis products.
To purchase from a medical cannabis dispensary in Florida, you must have a valid Florida medical marijuana card and another government-issued photo identification. If you have a Florida medical marijuana card that is expired, you will also not be allowed to purchase cannabis products.
Will Florida Legalize Recreational Cannabis Soon?
It is difficult to predict which direction Florida lawmakers will go with regard to legalizing recreational cannabis or adult use. On Thursday, June 5, 2023, Secretary of State Cord Byrd validated over 967,000 signatures for the recreational use measure. The cannabis advocacy group Smart & Safe Florida was required to gather only 891,523 signatures to place recreational use on the 2024 voter’s ballot.
Florida’s medical cannabis program is the largest and most successful in the United States. The infrastructure, in terms of regulations and enforcement, has been in place since 2016 and continues to work well. There is no guarantee that lawmakers will legalize recreational cannabis in Florida. But if they do, we can expect that benefits for patients with a Florida medical card will remain unchanged.
One of the benefits that can happen when a state legalizes recreational cannabis is competitive pricing. Medical cannabis can be insulated from price competition. However, recreational sales increase the volume of cannabis production, and that increases supply, which can, in turn, lower overall prices for cannabis products, which helps everyone save money.
7 Reasons Why You Should Keep Your Florida Medical Marijuana Card
Right now, medical cannabis is only available for patients who have received a recommendation from a certified physician in Florida. A diagnosis of at least one of the Florida-qualifying medical conditions is required to get your medical card.
But if recreational cannabis sales are legalized in Florida, should you remain on the Medical Marijuana Use Registry (MMUR?) Will keeping your medical card be worth the cost of the annual registration fee and physician follow-up appointment?
Here are seven reasons why you may want to keep your medical marijuana card in Florida:
- Special Medical-Only Cannabis Products May Be Available
In August 2022, Florida cannabis regulators imposed new caps on THC potency for medical marijuana. Because more research is needed about the long-term use of medical cannabis products, lawmakers felt it was necessary to put a limit on the amount of cannabis that patients can purchase.
The new daily THC doses in Florida are capped at:
- 60 milligrams of edibles.
- 350 milligrams for any vape products.
- 200 milligrams for tinctures and capsules.
- 190 milligrams for sublingual tinctures and suppository routes.
- 150 milligrams for topical medical cannabis-infused creams and ointments.
The changes in daily THC doses also included a 2.5-ounce limit on smokable flower purchases per 35-day period. However, patients who experience moderate to severe chronic nonmalignant pain or other debilitating symptoms may seek an exemption from this limit through their cannabis healthcare provider.
For some patients with severe debilitating conditions, a special request can be made for an exception. That can increase the amount of flower or milligrams permitted for a patient, based on need. An appointment with your cannabis healthcare provider is required to request an exception. But it does offer flexibility to patients who need higher potency or greater quantities of medical cannabis for compassionate care.
- Medical Cardholders Pay Less Tax Than Recreational Users
It is hard to say how much tax recreational cannabis users would pay in Florida if it were legalized. But we do know that in other states, when recreational use is legalized, consumers pay much higher taxes than medical cannabis patients do.
In most states, medical marijuana cardholders may pay only the retail tax. At the same time, recreational users may be subject to a statewide excise tax on top of the sales tax per purchase. Furthermore, some local jurisdictions may exercise the right to impose an additional excise tax of 1% to 3% per purchase.
If Florida does legalize recreational use, taxes for residents who are not in the medical cannabis registry will be much higher than it is for patients with a medical card. Patients do not pay an excise tax on cannabis purchases in Florida, only the 6% sales tax per purchase.
However, recreational cannabis sales are likely to have a two-tiered excise tax system that consumers will have to pay in addition to the price of marijuana products. First will be an excise tax charged by the state, which could be an additional 10% tax or higher. Then local communities across Florida have the option of charging an additional excise tax (usually averaging around 1% to 2%).
All of this is speculative because we don’t know if or when recreational cannabis will become legalized in Florida. But if it does happen, patients with a medical card may save hundreds of dollars every year. It will make medical cannabis more affordable.
- Lower Qualifying Age for Medical Cannabis in Florida
In every state where recreational cannabis use is legalized, the minimum age requirement is twenty-one (21) years. That is the same for all other controlled substances, including alcohol and cigarettes, in the state of Florida.
If you have a valid Florida medical marijuana card, you can qualify alone (without the consent of an adult or guardian) at the age of eighteen (18) years. Minors with severe pediatric conditions and symptoms may also be eligible to get medical marijuana treatment. The Florida medical marijuana program allows for guardians or caregivers of minors to be registered to assist patients in need.
The caregiver program requires a separate application, and a background check, before issuing a medical card with the patient’s name on it. The designated caregiver may only purchase and administer cannabis products for the minor. Or for an adult to which they are providing daily caregiving services.
- Medical Cannabis Reciprocity Agreements For Travel
Traveling with cannabis is not only inconvenient, it is illegal. When you leave the state of Florida, you can be charged with a misdemeanor or felony offense for traveling with cannabis. Whether you have a medical marijuana card or not, the legal consequences can cause hardship.
Patients’ legal protections in Florida do not extend to other jurisdictions or states. Luckily, some states have reciprocity agreements. That means patients with a Florida medical marijuana card may be able to access medical marijuana in a state they are visiting.
The same advantages apply to patients outside of Florida if you visit a state with a medical marijuana patient reciprocal agreement. You could purchase recreational cannabis when traveling, but that would likely come at a higher cost (with more taxes) than visiting a medical marijuana dispensary.
- Expert Guidance from a Cannabis Healthcare Provider
Medical marijuana patients have the benefit of guidance from an experienced cannabis healthcare provider. After you get your medical marijuana card, you can discuss symptom management strategies with your physician at regular follow-up appointments.
The follow-up appointments to update your MMJ recommendation in Florida are mandatory. But the purpose of follow-up appointments is to ensure that patients are safely using medical marijuana. The conversations you have with your MedWell Health & Wellness Centers physician can help identify changes in symptoms and other evolving healthcare concerns.
The qualifying medical condition is the starting point on your journey to better health and wellness. Cannabis is an alternative medicine that researchers are still studying and trying to understand. Your qualified physician at MedWell will help you stay ahead of the curve and evaluate how medical cannabis works for you.
The physician can also answer any questions you have about potency for help with symptoms, different routes (or types of medical marijuana) you can try, and help you identify and purchase medical marijuana strains that may offer the most promise for symptom management.
- Monitoring for Potential Drug Conflicts and Interactions
If you are taking a new prescription medication, you would want to know if there was any potential for a drug interaction. Adverse events that threaten your health can happen if you are unaware of contraindications (medication conflicts) with medical marijuana.
Because cannabinoids impact the human body and interact with CB1 and CB2 receptors throughout the body, they may also interfere with the normal function of common prescription medications. Patients taking anti-depressants, anti-psychotic prescriptions, blood thinners, and some types of cardiovascular medications may be most at risk for an adverse event.
Patients who segue into recreational marijuana lose that valuable guidance from physicians who know and understand medical marijuana use. That can increase your risk of experiencing a prescription drug conflict that could make your symptoms worse.
- Protected Right to Purchase Medical Cannabis and MMTC Care
For a brief time during the COVID-19 health emergency, non-essential businesses were required to close, according to state and federal mandates. That meant businesses like restaurants, shopping centers, and even recreational cannabis dispensaries.
Many businesses were designated “essential services” during the pandemic, such as hospitals, doctor’s offices, pharmacies, and medical marijuana treatment centers (MMTCs) in Florida. Medical dispensaries continued to serve patients with pick-up and drive-thru accommodations to reduce the risk of infection from COVID-19.
When you are a patient with a Florida medical marijuana card, your right to access medicinal cannabis products is protected. In the same way that patients who need to pick up conventional prescriptions are also accommodated.
Recreational dispensaries may temporarily close, but Florida medical marijuana patients don’t have to worry. They will be provided service and access to medical marijuana products they rely on to help with symptom management.
Priority service from each medical marijuana treatment center in the state provides patients with a physician certification with some extra peace of mind. Emergency plans are also in place from medical marijuana treatment centers to ensure every registered patient can get the cannabis products they need.
Medical Marijuana Card Certifications Here
Aaron Bloom serves as the CEO, overseeing the mission and growth of DocMJ and Medwell Health and Wellness Centers. Aaron’s passion for improving patients’ lives comes from his background in health care. For more than 20 years, Aaron owned, operated, and represented traditional healthcare organizations. This experience created a passion for finding improved ways to relieve suffering. His goal as CEO is to work daily to relieve all patients who seek better health and wellness through the medicinal benefits of medical cannabis and evidence-based alternative medicines.