In 2016 medical marijuana was approved by Florida voters via a state constitutional amendment. However, this does not allow you to smoke just because you believe you have a medical condition. There are extensive regulations which much be followed. These regulations were put into place by the Florida Legislature. One of these rules expressly states that smoking is not considered “medical use”. This means medical must be administered some other way.

Instead of smoking medical marijuana, many are turning to “vaping” their medication. Vaping medical marijuana involves the use of an electric powered device to heat the medication to a much lower temperature. In doing so, a person vaporizes rather than burns the medication. One benefit of this type of administration is believed to be the absence of toxic residue leaving only the THC.

This may soon change. The Florida Department of Health is in the process of appealing a circuit court decision that did not uphold the state’s ban on smoking medical marijuana.  If the ruling is affirmed (allowed to stand) it would allow medical marijuana patients to administer their medication via smoke, instead of vaping or other means.

Until smoking marijuana is legalized both for medical and recreation, please use the approved ingestion techniques if you are prescribed medical marijuana. In the meantime, if you have been charged with any crime, including marijuana crimes, please call our office for immediate assistance.