Florida Medical Marijuana Card for Seasonal Residents

Florida is well-known for its “snowbirds,” seasonal residents that flee from the cold of northern states to enjoy our mild winters. Many ask us whether they can use medical marijuana here even though they don’t live in Florida full time. They can, if they spend at least 31 consecutive days a year here and meet Florida’s other seasonal resident tests.

For those of you that live up north a majority of the time but have a residence here in Florida, it is possible for you to get access to medical marijuana. The first thing that you have to do is live in Florida for at least 31 consecutive days each calendar year. If you also keep a temporary Florida home, return to your home state at least once a year, and vote or pay income tax there, you count as a seasonal resident under Florida law.

Once you meet those tests and have the right proof of address, you can apply with the Office of Medical Marijuana Use (OMMU) for a Medical Marijuana Card just like a year-round resident. You will have to undergo the same procedures:

1. Find a qualified physician who can diagnose your condition and certify you for medical marijuana.
2. Get educated on the laws and apply for a card. There is a fee payable to the state for the card.
3. File your application and get confirmation from the state, then find your closest dispensary.
4. Once your ID card application is approved, the approval email lets you fill your order at a licensed treatment center while the card is mailed.

To get your card, you must prove residency to the OMMU with the documents its ID card page lists. Here are some ways you can do that:

1. Give them a copy of your valid Florida driver’s license or a copy of your valid Florida identification card.
2. If you are unable to get these due to your seasonal status, you may present a copy of two of the following documents to show proof that you have a residential address in Florida:

a. A deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental or lease agreement.
b. A utility hookup or work order dated within 60 days before registration in the medical use registry.
c. A utility bill, not more than 2 months old.
d. Mail from a financial institution, including checking, savings, or investment account statements, not more than 2 months old.
e. Mail from a federal, state, county, or municipal government agency, not more than 2 months old.

As of June 2022, a peer-reviewed study counted 38 states and Washington, D.C. with legal medical cannabis. If you are vacationing in Florida from one of these areas and you are taking cannabis for medical reasons, don’t risk taking your cannabis across state lines. Getting certified here instead gives you protection under Florida law, though federal marijuana law is separate and still applies to you.

If your home state has no medical marijuana program, you can use Florida’s program only if you meet the seasonal resident tests above and a qualified physician finds that you have a qualifying condition. Florida law (section 381.986(2), Florida Statutes) lists cancer, epilepsy, glaucoma, HIV, AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, a terminal condition diagnosed by a physician other than the one who certifies you, and chronic nonmalignant pain caused by, or originating from, a qualifying medical condition and lasting beyond its usual course. A qualified physician may also certify you for another condition if it is of the same kind or class as, or comparable to, one of the listed conditions other than a terminal condition or chronic nonmalignant pain; that decision is at the physician’s discretion, and certification is never promised. At your evaluation, a qualified physician reviews your diagnosis and medical history to decide whether you have a qualifying condition. If you were diagnosed out of state, bring those records: a Florida qualified physician must examine you in person and assess your medical history before issuing a first certification.

If you have any other questions or need further information, please let the staff at Dr. Green Relief know.