In Florida, you should have a right to a firearm and a medical marijuana card. But you don’t.
In order to buy a gun from a licensed dealer, you must first fill out ATF Form 4473. Question 21 has 11 parts. It asks about mental health, previous arrests, criminal conduct, and Question 21.e says:
“Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside”
Later on the same form, it says:
I understand that a person who answers “yes” to any of the questions 21.b. through 21.k. is prohibited from receiving or possessing a firearm.
Clearly, anyone who says yes to unlawful use of marijuana will be denied the firearm.
People may reason to themselves that their lawful use of medical marijuana entitles them to say no. Further, people who only use low-THC products that are now federally legal have a cause to say no. State gun laws do allow the transfer of a gun from a private seller, without first filing the federal form.
The issuance of the medical marijuana card, even if you only use or possess low-THC products that fit the definition of hemp puts you in the database. Lying on this form is a felony.
In the course of civil society, people often commit acts of civil disobedience knowing they are willing to take the case to the highest court in the land. Landmark civil rights decisions by the Supreme Court often happen because good people refused to sacrifice their rights.
In Florida, you should have a right to a firearm and a medical marijuana card. But since the form is federal, you don’t.
Commission of Agriculture Nikki Fried, head of the division that issues Conceal Weapons Permits for the state has both a Conceal Carry permit and a medical marijuana card according to this article in the Sarasota Times. But she admits that when it comes to federal law, you have an issue. Some issues, like the purchase of a firearm, might be cleared up when Cannabis is legalized federally, but before we can enjoy full access to the plant in Florida those laws must be changed.
Florida began drafting rules for its medical Cannabis access program in 2015. Currently, only a “qualified” physician can recommend/or certify a patient’s use of Cannabis. This means it is unlikely your regular family doctor will be the one making the recommendation. You will likely have to go “out-of-network” and out-of-pocket to see the doctor. The Department of Health maintains a list of physicians who may recommend Cannabis.
Once you have received your recommendation from a qualified physician there are still several steps to take before you can fill your Cannabis recommendation. You must register with the Department of Health online and purchase a Medical Marijuana Patient Identification Card. The card costs $75 and is renewed annually (each renewal is also $75). The Department of Health communicates with you via email, so it’s vital you keep a current email address.
The Department of Health acting as the Office of Medical Marijuana will review your application, process your payment, and send you an approval email when all the conditions have been met. You can use the email as proof of your recommendation until the physical card arrives.
Once a patient completes the process they have access to over 400 dispensing locations around the state. Products and prices vary between Medical Marijuana Treatment Centers.
Only licensed Medical Marijuana Treatment Centers are permitted to sell Cannabis products with THC not derived from hemp. Patients who are qualified under state law, have an active certification from a physician licensed to recommend Cannabis, and have Cannabis they obtained from a Medical Marijuana Treatment Center in its original container are exempt from Florida Statute 893.13.
July 1, 2019, hemp, the cannabis plant containing less than 0.03% THC delta 9 was removed from the Florida Controlled Substance Act.
Hemp as an industrial product for fiber, seed, and remediation is treated the same as hemp for human ingestion or intoxicating hemp. The Florida Legislature and the Department of Agriculture and Consumer Services have reviewed the laws and rules for hemp nearly every session since 2019.
On March 13, 2025 the most restrictive set of rules yet, went into effect.
New requirements for hemp and hemp extract for human consumption provided in the amended rule include, but are not limited to:
- Prohibition on listed color additives
- Labeling requirements, including the use of common household measurements for serving sizes and inclusion of a scannable bar code or quick response code that links to the certificate of analysis in three or fewer steps
- Water activity for cannabis flower or leaves must be 0.06 (±0.05)
- Packaging shall be child resistant and comply with ASTM Internation D 3475-20, Standard Classification of Child Resistant Packages
- Certificate of analysis shall include laboratory information, the concentration of total delta-9 tetrahydrocannabinol, and whether each prohibited substance and pathogen listed in the rule is present or absent
- Age requirements for all hemp or hemp extract for human consumption
- Limitations on marketing and advertising of hemp and hemp extract for human consumption
While hemp is “legal” law enforcement may not distinguish between the “hemp” that you bought as THCA and “Cannabis” that is illegal under FL Statute 893.13. This leaves consumers at risk for arrest despite their lack of intent to commit a crime.
Be on the safe side, check out our tips for preparing to have a good time, confirm the products is as labeled by following the QR Code to a valid, current Certificate of Analysist (COA), and retain the receipt and the original packaging as long as you have the product. Remember to check the recommended serving size. We have seen products as high as 3000 MG per piece with instructions to cut the serving in half!
Most professionals tell you to go slow and know your source. For some people 2.5 MG is a soothing dose for anxiety, and too much Cannabis can have uncomfortable effects.
Sure, you can, but only hemp is legal to share in Florida. It is illegal for patients to share their medicine with you, that would be diversion.
No, the only cannabis that is legal for patients is cannabis purchased from a licensed Medical Marijuana Treatment Center.
Yes, cannabis purchased from a licensed dispensary is legal for qualified patients in Florida. The 2016 Constitutional Amendment known as Amendment 2 set the basis for our law.
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