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Can I smoke marijuana in Florida if I have a prescription for it from another state?

The simplest answer is no. Florida has not recognized a medical use for marijuana and has not yet enacted legislation recognizing prescriptions from other states. Possessing or smoking marijuana in Florida is still a violation of 893.13(6). Unlike controlled substances such as oxycodone or morphine, where having a valid prescription is a total defense under statute, merely having a valid script for marijuana from another state is not yet a statutorily recognized defense.

However, the defense of medical necessity for possession or use of marijuana is a valid defense in Florida. Florida does not technically recognize a medical use for marijuana, however there is case law that indicates that Florida does recognize a necessity defense for the cultivation and possession of marijuana. (For more information on this subject, please visit our page on Medical Marijuana and the Necessity Defense here.)

If you are facing charges of possession of marijuana and have a prescription from a state which allows for the use of medical marijuana, this may used by your attorney to convince the state to drop your case or mitigate a sentence. Having a prescription for marijuana from another state may not be recognized in Florida, but in the eyes of a prosecutor or judge the fact you went about obtaining it legally and for a legitimate medical purpose from your home state may play heavily in your favor.

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