Florida Marijuana Compliance

Florida adopted the Compassionate Medical Cannabis Act in 2014, allowing patients with certain medical conditions (epilepsy, cancer, HIV/AIDS, Crohn’s disease, and others) to use low-THC cannabis when recommended by a physician. In March 2019, Florida marijuana laws began allowing smokable marijuana to be sold in marijuana treatment centers to patients in possession of medical marijuana cards. Medical marijuana is currently legal in Florida, although in 2022, the Florida Department of Health issued an emergency rule limiting the amount of THC patients can receive per day. However, physicians are able to request exemptions to these daily limits.

Florida marijuana compliance laws do not stop employers from drug testing applicants and employees. Senate Bill 8-A states that employers can establish and enforce drug-free workplace programs and are not required to accommodate employees with medical marijuana cards. Florida Statutes § 112.0455(5)(a) lists marijuana (cannabinoids) among the drugs prohibited in the drug-free workplace law. Although Florida marijuana compliance laws allow certain patients to use medical marijuana legally, it is not legal for an employee to test positive for a marijuana drug test while working for a drug-free workplace. In Florida, marijuana testing is allowed by employers, or they can opt not to test for marijuana. In Florida, failing a marijuana drug test violates the Drug-Free Workplace Policy Act and is a reason for termination or adverse employment action, regardless of whether the employee has a medical marijuana card. Recreational marijuana remains illegal in Florida.

Register for a drug test online by clicking the “Register Now” button below. You can also call (888) 378-2499 with any questions about our drug testing services.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

Florida Marijuana Compliance

Florida Marijuana Laws

Overall Status: Partially Legal

Under current Florida marijuana compliance laws, the status of marijuana usage and sale is labeled as only partially legal. In recent years, state legislation was passed to permit the sale and use of medicinal marijuana in the state of Florida. However, Florida legislation does not currently enforce any recreational marijuana laws, so usage is strictly for Florida medical marijuana patients only.

Medical Marijuana: Legal

In 2014, the state legislature passed the Compassionate Medical Cannabis Act which established the first set of marijuana compliance laws within the state of Florida. This act allowed critically ill patients with conditions such as epilepsy or terminal cancer to consume low-THC cannabis flower of .8% THC or less.

A few years later, Florida voters passed Amendment 2, or the Florida Medical Marijuana Legalization Initiative. This new set of laws significantly expanded previously established medicinal marijuana laws to allow for the wider use of medicinal marijuana. Under current medical marijuana law, a wide variety of patients including but limited to those suffering from chronic pain, glaucoma, and PTSD may now legally obtain medical cannabis through state-licensed dispensaries.

In 2019, the Florida Department of Health issued an emergency rule limiting the daily dosage amounts of THC physicians can prescribe.

Decriminalized: No

Although the state senate passed Florida marijuana laws in recent years that allow for the medical use and sale of marijuana, no current legislative changes have been made to decriminalize marijuana in the state of Florida. For those who are not registered Florida medicinal marijuana patients, possessing 20 grams or less of marijuana is considered to be a misdemeanor charge that’s punishable by up to 1 year in jail and a $1,000 fine.

Recreational Marijuana: Illegal

Aside from Florida marijuana compliance laws that permit the consumption and sale of medicinal marijuana, the state of Florida currently does not enforce any recreational marijuana laws. This means that recreational marijuana sales, possession, and consumption are fully illegal under current Florida marijuana law.

Frequently Asked Questions

Under current Florida marijuana law, the consumption and sale of recreational marijuana is considered illegal and only registered medical marijuana patients may possess, consume, and purchase marijuana in the state of Florida.

What are the marijuana laws in Florida?

Medical marijuana is legal in Florida when prescribed by a physician, and patients must have medical marijuana cards. Marijuana is not tolerated under the Drug-Free Workplace Policy Act, and employers can drug test for marijuana.

What is the punishment for possession in Florida?

Unless registered as a Florida medical marijuana patient, possessing 20 grams or less of marijuana is considered a misdemeanor charge and is punishable by up to a $1,000 fine and 1 year in jail.

What is Florida’s history with marijuana?

In 2014, Florida passed its first set of marijuana laws under the Compassionate Medical Cannabis Act which was later enhanced under Amendment 2 in 2016 to allow the medical consumption of marijuana for specific patient types.

Drug Tests That Exclude Marijuana

Urine Drug Panels That Do Not Include Marijuana Testing

Some of the popular drug tests that remove THC from the panel of drugs being tested are listed below:

Also try taking a look at our comprehensive list of urine drug panels that exclude marijuana. Drug tests that do not include marijuana testing can be found under the “Exclude Marijuana” section.

Hair Drug Tests That Do Not Include Marijuana Testing

To remove marijuana testing from a hair test, try one of our two popular hair tests:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Tests That Include THC Testing

If marijuana testing is needed, the below urine drug panels include testing for THC:

For a complete list of urine drug panels that we offer, view our urine drug panels here.

Hair Drug Panels That Include Marijuana Testing

The following are hair drug tests that include testing for THC:

A comprehensive list of the hair drug panels that we offer can be found here.

Citations

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Walters, Jessica. “Every Florida Medical Marijuana Law You Need to Know.” CannaMD, 1 October 2021, https://www.cannamd.com/every-florida-medical-marijuana-law-you-need-to-know/
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“Florida.” Marijuana Policy Project, https://www.mpp.org/states/florida/
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“Senate Bill 8-A.” The Florida Senate, https://www.flsenate.gov/Session/Bill/2017A/8A/BillText/er/PDF
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“Compassionate Medical Cannabis Act of 2014.” Florida State Senate, https://www.flsenate.gov/Committees/BillSummaries/2014/html/819
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“381.986 Medical use of marijuana.” Florida State Senate, https://www.flsenate.gov/Laws/Statutes/2021/381.986
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“Florida Legalizes Medical Marijuana, Is Decriminalization Next?” Frank A. Rubio Criminal Defense, https://www.frankrubino.com/legal-articles/florida-legalizes-medical-marijuana-is-decriminalization-next/
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“Title XXIX, Chapter 381 – 381.986. Compassionate use of low-THC and medical cannabis.” The Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.986.html#1
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“CS/CS/SB 1030 – Cannabis.” The Florida Senate, https://www.flsenate.gov/Committees/billsummaries/2014/html/819
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“Rule 64ER22-8 Dosing and Supply Limits for Medical Marijuana.” Florida Administrative Code & Florida Administrative Register, https://www.flrules.org/Gateway/View_Notice.asp?ID=26220669
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Kam, Dara. “Florida sets limits on medical marijuana dosage and supply.” WUSF, 30 August 2022, https://wusfnews.wusf.usf.edu/health-news-florida/2022-08-30/florida-limits-medical-marijuana-dosage-supply
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“SB 8-A.” The Florida Senate, https://www.flsenate.gov/Session/Bill/2017A/8A/BillText/er/PDF
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“Title X, Chapter 112, Section 0455 Drug-Free Workplace Act.” The Florida Senate, https://www.flsenate.gov/laws/statutes/2012/112.0455
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“Rules and Regulations – Florida Administrative Code Chapter 64-4.” Florida Department of Health Office of Medical Marijuana Use (OMMU), https://knowthefactsmmj.com/rules-and-regulations/
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“Medical Marijuana FAQ for Consumers.” Florida Department of Agriculture and Consumer Services, https://www.fdacs.gov/Cannabis-Hemp/Medical-Marijuana/For-Consumers/Medical-Marijuana-FAQ-for-Consumers
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Blazonis, Sarah. “Doctors and patients react to emergency rule limiting medical marijuana doses.” Bay News 9, 31 August 2022, https://www.baynews9.com/fl/tampa/news/2022/08/31/marijuana-emergency-rule
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“Legal Update: The Law on Medical Marijuana Use in Florida.” International Union of Police Associations (IUPA), https://iupa.org/2022/05/24/legal-update-the-law-on-medical-marijuana-use-in-florida/