That Medical Marijuana Card is No “Get Out of Jail Free Card!”

Those sneaky *@#$$. The longest-running legislative session in Florida’s modern history brought even more drama for patients in the Medical Marijuana program. The over 100-day session came down to the budget. While you might believe a budget is about numbers, it is the ‘back of the bill’ that drew our attention. FLCAN and our allies issued an “all hands on deck” call for supporters. We asked people to contact their Florida House and Senate members. Our goal: stop medical bias and prevent patients from losing their medical card. The process reminded us: a medical marijuana card is no “get out of jail free card”.

The proposed legislation mandated the Department of Health, Office of Medical Marijuana Use, to REVOKE the Medical Marijuana card for anyone accused of a violation of FL Statute 893. Statute 893 is the criminalization of Cannabis possession, sales, isolates of Cannabis, concentrates, and paraphernalia. Remember, being accused isn’t the same as being convicted!

FLCAN sprang into action. Our legislative team, led by Maria Hurley, reviewed the proposed language, discussed the impact on patients, and created our “call to action”. Thanks to the public outcry, lawmakers softened the language, but it still isn’t good for patients.

Winning Sometimes Means Damage Control

A Medical Marijuana Card is not a “get out of jail free card”. A patient’s right to Medical Marijuana under the Florida Constitution is violated if the patient or their caregiver is accused of a violation of FL Statute 893, according to existing Florida law. Under the new law, cards are REVOKED if a patient or caregiver is convicted of trafficking in, the sale, manufacture, or delivery of, or possession with intent to sell, manufacture, or deliver a controlled substance under the new law. Read the language for yourself starting on line 350

When the Florida Medical Marijuana program became law in 2017, there were so many bad ideas in the bill that we couldn’t fight them all. Lawmakers just don’t respect that medical marijuana use is a Constitutional Right! We tackled the use of pesticides, third-party testing, and some education for doctors, but we lost on some key issues facing patients. The language stripping patients of their rights based on an accusation is one of them. Being accused of a crime is enough to suspend your card.

Many common practices violate FL Statute 893. Practices like:

Carrying MMJ that is not in its original container.
Rolling up joints and carrying them in a tube.
Repackaging Cannabis into another container with a moisture pack.
Sharing medicine, even between family members.
Gifting or (especially) selling medicine.
Passing a joint in a social setting.
Possession of a medical delivery device (pipe, vape, papers) without a recommendation.
Possessing more than 4 ounces of Cannabis at any time, anywhere.

Driving under the influence (even if you aren’t impaired) is another way for legal patients to lose access to the program. FLCAN’s network is tackling driving and impairment testing, but for now, every patient is just one encounter with the wrong law enforcement officer away from losing their rights.

Patients think they have unlimited rights to medicinal marijuana, and adults can walk into any store for Cannabis/Hemp. These ideas are fleeting. We face an administration in Florida that will spend taxpayer money to defeat legalization despite majority support. On June 17, 2025, the Department of Agriculture announced its next crackdown. Products people love and trust are off the shelf because of the color of their packaging, the color of the product, or the flavors added. The Department of Health will suspend your Constitutional Rights if the Department of Law Enforcement accuses you of a crime.

This softer, gentler war on marijuana has lulled many people into a false sense of security.

Don’t be lulled by temporary access. Help FLCAN educate the community. Help FLCAN elect lawmakers who support smart Cannabis policies.

Protect public trust, put patients first, and bring the adult market into the sunshine.