Florida MMJ Bill Would Ban Smoking Weed, Eating Edibles and Vaping


Last November, 71% of Florida voters passed Amendment 2, a bill that legalizes medical cannabis in the Sunshine State. Now, Florida lawmakers must shape the regulations for the state’s medical marijuana program — and the proposed regulations from Representative Ray Rodrigues won’t help many patients.

The new proposal, House Bill 1397, would ban medical marijuana patients in Florida from smoking cannabis and consuming THC-infused edibles. Moreover, barring a terminal illness, patients would be prohibited from even vaporizing plant material. Florida would also be able to revoke medical marijuana prescriptions once a patient is deemed cured.

The bill’s applicable text seeks to ban medical marijuana patients from:

“Possession, use, or administration of marijuana in a form for smoking or vaping or in the form of commercially produced food items made with marijuana or marijuana oils, except for vapable forms possessed, used, or administered by or for a qualified patient diagnosed with a terminal condition.” 

Which begs the question: how are Florida’s patients supposed to consume cannabis if they can’t smoke or eat it? While topicals and tinctures appear safe under this proposal, Florida’s potentially vast medical marijuana market would be virtually non-existent given these restrictions. 

For Florida’s United for Care, the group behind Florida’s successful medical marijuana campaign, this news was startling. Campaign director Ben Pollara told the Miami New Times, “It goes further than the current statute in terms of restricting medical marijuana. There was unanimous agreement that the new amendment would expand use.”

Pollara’s reference is to Florida’s CBD-specific marijuana law — the “Compassionate Use” law — which allows for five statewide facilities to produce marijuana’s non-psychoactive cannabinoid (CBD) and allows limited access to terminally ill patients. That bill’s only qualifying conditions are cancer, muscle spasms, seizures and terminal illnesses.

As Pollara notes in his official statement, HB1397 would further restrict safe access for Florida’s medical marijuana patients:

While the Trump Administration’s enforcement of recreational marijuana laws remains uncertain, medical marijuana does have the federal government’s approval. Hopefully, that support will allow states like Florida to provide reasonable access to adequate medicine for patients in need.

Photo Courtesy of Allie Beckett.

About Author

Barry has been writing about marijuana for over five years. Prior to joining Marijuana.com, Barry wrote about sports and music. His work has appeared on TIME, The Huffington Post, Deadspin, and elsewhere on the Internet. In his spare time, he enjoys disco and Kosher Kush.


  1. Lawrence Goodwin on

    The real crime here is the relentless arrogance among state and federal lawmakers who deal with cannabis policy. It’s none of their damned business what parts of cannabis plants are “legal,” nor how any person can consume cannabis products. Growing plants and smoking their dried flowers, if we so choose, are irrevocable, fundamental American freedoms. For 80 years (1937-2017), as mountains of evidence show, federal “marihuana” law has been rooted in criminal fraud. It remains classified by the feds as having “no currently accepted medical use” when almost 30 of 50 states directly contradict that claim. The executives of Pfizer, Purdue and Eli Lilly are making out like bandits! Lawmakers consciously abandon “free market principles” in setting cannabis policy when they are being corrupted by the campaign bribes of Big Alcohol, Big Pharma and law enforcement unions. That makes them all the real criminals. Americans are suffering and dying without “legal” access while these smug men and women party it up and live large.

    Another despicable aspect of the story: In 2014, small groups of lawmakers and doctors in New York and Minnesota started imposing this whole “no smoking or edibles” rule on other states. Don’t stand for it. With no delay, forcibly remove such arrogant people from the process if you must. Again, they have no right to mandate any type of cannabis consumption. Florida, Ohio, Pennsylvania and other states are simply copying NY’s and MN’s Prohibition Lite programs—which have smothered medical markets in both states, while making it virtually impossible for patients to find the “legal” relief they seek. New cannabis businesses will not find much success as long as agents of Anti Marihuana Tyranny are still very busy—or as long as the people remain silent.

  2. in gods we trust !


  3. Sounds like the voters in Florida pissed off the Florida lawmakers by passing the compassionate act to allow medical cannabis. None of them wanted medical cannabis and now they think they have to fix it because Florida citizens are too stupid to know what they voted for.

    • Michael Lowery on

      That is exactly why they, “WE”, Should, MUST, vote on every election, from the President to the local dog catcher. These servants, that’s Right, SERVANTS of WE The PEOPLE, are not kings and queens able to do as they please. If 70% + of the country approves of medical marijuana use, then why is it not available in every state. In NC, we can not even get it on the ballot to vote on, our kings and queens will not even bring it up in session. They should, MUST, be voted OUT.


  4. Thier ignorance & sheer arrogance is beyond belief !!! Same Game in Canada and the govt. Approved L.P.’s have already been caught using baned pesticides. They want total control of the market, so Florida you may get thier ditch weed in a Canna Cap or susiporty form and some ditch weed oink-ment , OH and Whoppie’s tampons. Well Done

  5. Time to vote out all of those pols that ignore the will of the people. Those people don’t support you why support them?

  6. To Florida’s legislature: Their coming to vote you away to the unemployment line he he ha ha ho ho where all those men in their nice white coats will give you drugs drugs and more drugs to help with your retardation.

  7. I can’t believe educated people’s immense stupidity. It is necessary, depending on the condition, to need IR as well as ER medication which smoking and edibles satisfies. Educate yourselves lawmakers before making ignorant decisions.

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