Last verified: March 2026

Constitutional Foundation: Amendment 2

Florida's medical marijuana program is rooted in Article X, Section 29 of the Florida Constitution, adopted by voters in 2016 with overwhelming 71.3% support. This constitutional amendment established the fundamental right of qualifying patients to use medical marijuana, directed the Department of Health to create regulations, and granted immunity from liability for compliant patients, physicians, and Medical Marijuana Treatment Centers (MMTCs).

The first attempt at a medical marijuana amendment in 2014 received 57.6% of the vote — short of the 60% supermajority required for Florida constitutional amendments. The revised 2016 version broadened qualifying conditions and addressed concerns about physician oversight, earning bipartisan support.

The Implementing Statute: Section 381.986

Section 381.986 of the Florida Statutes is the operational backbone of the medical marijuana program. Located in Title XXIX (Public Health), Chapter 381, this single statute spans 15 subsections covering:

• Definitions of medical marijuana, qualified patients, and caregivers
• Qualifying conditions and physician certification requirements
• The Medical Marijuana Use Registry (MMUR) and patient tracking
• The 70-day rolling supply system with daily dose limits by route
• MMTC licensing requirements, vertical integration mandate, and operations
• Caregiver rules and background screening procedures
• Penalties for violations by patients, physicians, and operators

Companion Statutes

Several additional statutes round out the legal framework:

• §381.987 — Governs confidentiality of registry information
• §381.988 — Regulates marijuana testing laboratory certification and standards
• §381.989 — Authorizes public education campaigns funded by MMTC licensure fees
• §1004.4351 — Creates the University of Florida Consortium for Medical Marijuana Clinical Outcomes Research

Key Program Features

The Florida medical marijuana program has several distinctive characteristics:

• Vertical integration — Each MMTC must cultivate, process, and dispense under a single license. No separate retail or cultivation licenses exist.
• No home cultivation — Patients may not grow cannabis. All product must be purchased from a licensed MMTC.
• No reciprocity — Florida does not recognize medical marijuana cards from other states.
• Real-time tracking — Every purchase is tracked in the MMUR, enforcing milligram-based dispensing limits by route of administration.
• Physician gatekeeping — Physicians must complete a 2-hour CME course and maintain an active registry profile. Initial visits must be in-person.

Program Scale

As of early 2026, the program serves approximately 931,000 registered patients through 28 licensed MMTCs operating roughly 740 dispensary locations statewide. Annual sales exceed $1.65 billion, making Florida one of the largest legal cannabis markets in the world — despite being medical-only.

Official Sources

• Florida Constitution, Article X, Section 29
• §381.986 — Medical Use of Marijuana
• Office of Medical Marijuana Use (OMMU)