Ah, Florida. This state has it all. Beaches, cities, wetlands, dolphins, and of course - legal medical cannabis. But with so many vacation destinations in-state and pages of confusing cannabis laws in Florida, you might wonder how you can travel with cannabis without any legal troubles. Can I drive with cannabis in the car? Is it legal to fly with my flower or vape? So many questions! Fortunately, we’re here to help you figure it out.
Florida’s Cannabis Laws
From coast to coast, US states are legalizing cannabis, and those of us in legal states are more comfortable having it with us at all times. Florida currently sits in the medical-only category per The Florida Medical Marijuana Legalization Initiative, passed by voters in 2016. But possession and use are still somewhat limited under Florida regulations.
Here are some of the other key rules from Florida’s Office of Medical Marijuana Use (OMMU) that apply to Florida residents:
- Crossing state lines with any cannabis is federally illegal! This is true whether flying or driving, even between two legal states
- Recreational cannabis is illegal in Florida! No one may purchase, possess, or use any THC products without a qualifying medical license
- All medical cannabis must be purchased by the patient or their caregiver from a licensed MMTC in Florida
- Possession has quantity limits. Between flower and non-smokable THC products, there are different caps for how much you’re allowed to have on you.
- High-THC products are prohibited in public spaces, including public transit. Low-THC (or basically CBD products) are permitted, since they are strictly medicinal and not intoxicating
- Keep that registration with you! If law enforcement asks to see your card, even visitors must present it or face penalties, regardless of your home state rules
- It is illegal to leave the state with cannabis you purchased in Florida
Knowledge is power! When in doubt, focus on common sense, courtesy, discretion, and safety.
Sky High Travel with Cannabis? Think Again
Maybe you’re flying in-state from the panhandle to Miami, and you want to bring along some of your finest flower, oils, tinctures, or edibles. Unfortunately, at the federal level Uncle Sam still says no to THC, and airports are under federal jurisdiction. That means even between destinations in the state of Florida, it is illegal to fly with cannabis. According to the TSA, the only cannabis products that are allowed on commercial flights must fall within the federal guidelines of containing less than 0.3 percent THC or be otherwise approved by the FDA.
This particular legal labyrinth emphasizes the clash between state and federal laws for cannabis. You’ll see lots of stories from people who say there’s little risk in flying with cannabis. Federal agencies such as the TSA and the DEA may not appear focused on busting medical cannabis patients, but know that their official policy states that “if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.” Even if the consequences are minimal, the time you spend dealing with this can ruin a trip and could stick with you for years to come. Ultimately it is illegal for anyone to fly in an airplane with cannabis so let’s just not, k?
Hit The Road, Jack
If you don’t want to purchase cannabis just at your vacation destination, consider a road trip! Within the state of Florida, it’s ok to have even high-THC cannabis in your car, as long as you follow the basic rules:
- Don’t Drive High! This is first for a reason. Never operate a vehicle if you’re under the influence of cannabis. Not only is this super illegal, it puts you, your passengers, and bystanders at serious risk.
- Have Both Licenses - Just like you always have your driver's license, keep your medical marijuana license with you at all times as well! If you’re pulled over and can’t provide it, you could get in real trouble for having cannabis in your car.
- Don’t Overpack! The rule from earlier on possession limits stands. Save some space, avoid trouble, and pack light!
- Keep it Sealed – All patients should keep their products in the original MMTC containers. And keep those in the glove box or locked in the trunk to avoid any lengthy Q&A’s from law enforcement should you get pulled over.
Follow those rules and you can road trip in Florida safely with your personal supply in tow!
Hosting Guests? No Sharing!
Unfortunately, patients from legal medical states are not permitted to purchase, possess, or consume cannabis even if they have a registration at home. Some states allow this through “reciprocity”, but Florida does not yet accept licenses from out-of-state. And remember that recreational cannabis is illegal for anyone in Florida, so there is no legal path to consumption for out-of-state visitors. It is also illegal for a licensed medical cannabis user in Florida to share their product with any other person. Think of it as a great excuse not to share your supply with your beach house roomies!
Consumption Junction
So you’ve gotten where you need to go, and you found a licensed MMTC to purchase legal medical cannabis nearby. But where can you enjoy it? First, Florida law states that medical marijuana may NOT be smoked in any public place. Sorry, no pre-roll party on the beach, and no one-hitters at the theme park. It can be smoked on private property as long as the property owner allows it. So check with your beach house rentals before you light up.
Or more simply, consider other consumption methods. Edibles, tinctures, and FSOs can help cure what ails you, and are more discrete and personal. Just take it easy; public intoxication is still against the law, so you want to stay functional and presentable in public. And to reiterate once again – never, ever drive under the influence of any cannabis product.
Summing it Up
We went over a lot, but let’s just clarify and tag a few big points:
- Can I fly with cannabis in Florida?
No. Federal law prohibits taking any THC products on airplanes, even if flying within a legal state.
- Can I drive with cannabis in Florida? Yes. If you’re a medical cannabis patient, you can have a legal quantity of your product in its original packaging stashed in your vehicle. No consumption in the car!
- Can I consume cannabis legally in Florida as an out-of-state resident? Nope, sorry. No out-of-state residents can purchase, possess, or consume cannabis in Florida, even if they have a medical license from their home state.
- Are there designated areas for cannabis consumption in Florida? Patients with a medical marijuana card can consume cannabis on private property, as long as the property owner allows it. No smoking or vaping is allowed in any public place including public transit.
- What are the differences between federal and state laws regarding cannabis? Florida allows qualified patients to obtain a medical marijuana license which permits them to purchase, possess, and consume cannabis from a licensed Medical Marijuana Treatment Center. Recreational cannabis is illegal. Federally, all cannabis is still fully illegal.
Hopefully you have a better understanding of how to travel with cannabis in Florida as a registered medical patient. Remember to research local laws and private property rules, and use common sense and courtesy when all else fails!
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