Florida Marijuana Laws
Florida law lets qualified patients use medical marijuana, including smokable flower since 2019, once a qualified physician certifies them and the OMMU issues an ID card. A patient may buy up to 2.5 ounces of smokable flower per 35 days and possess up to 4 ounces. Use in public places, in vehicles and on school grounds is banned.
Until 2019 smoking as a form of administration of medical cannabis in the state of Florida was illegal.
The 2017 law that put Amendment 2 into effect left smoking out of the definition of medical use.
This changed in 2019 when the Florida legislature passed Senate Bill 182 allowing qualified patients to smoke their medical marijuana. Governor Ron DeSantis signed the bill into law on March 18, 2019. The 2019 law ended the 2017 ban on smoking as a way for individuals to administer their medical use cannabis. Before that law, patients could use forms such as sprays, oils, creams, liquids and vaporizers, but could not smoke.
Rules of the Smoking Law
For every form, the qualified physician enters in the registry the amount and forms of marijuana authorized and any delivery devices you need. The 2019 law also requires a qualified physician who finds smoking an appropriate route for a patient without a terminal condition to send the board supporting documentation. For patients, marijuana in a form for smoking is now one of the forms a qualified physician may authorize in the state registry.
By this law, the patient is allowed to use the whole flower cannabis for smoking. Any patient seeking to use this method must sign a consent form from their doctor stating they understand the adverse health risks smoking the substance may cause them.
A patient certified for smoking may receive up to 2.5 ounces of whole flower in each 35-day period and may possess up to 4 ounces at a time. The physician sets the amount in the registry, and a DOH-approved exception can raise it. The law also grants patients the ability to buy their delivery devices used for smoking cannabis, from places other than a medical marijuana treatment center.
People who choose smoking follow the same location limits as every other route, plus one more. Florida law bans medical marijuana use in any public place, in a vehicle or motorboat, and on school grounds, and bans smoking it in an enclosed indoor workplace.
Exception for Some Minors
Florida Marijuana Laws Limit Smoking For Minors As A Delivery System
There is an exception to this law for the use of some children under the age of 18. A minor may be certified for smoking only with a terminal condition, only if smoking is the most effective route, and only if a second physician who is a pediatrician agrees. Also, the child’s parent or guardian is required to sign a consent form stating they are aware of the health risks of smoking and are allowing their minor to use smoking as a form of administering their medical marijuana.
In Florida, patients who qualify for medical marijuana use must first be certified by a qualified medical marijuana doctor, then apply for a Florida medical marijuana card.
The 2019 Smoking Law
Senate Bill 182 became Chapter 2019-1, Laws of Florida, the act that added smoking to the medical cannabis uses a qualified physician may certify.
As of the OMMU weekly update of October 9, 2026, Florida had 942,370 qualified patients with an active ID card. Recreational use is still not legal in Florida: Amendment 3 won 55.9% of the 2024 vote, short of the 60% required, and possessing 20 grams or less without a card is a first-degree misdemeanor.
Locations in Florida
