A Warning for Visitors & New Residents: Does Florida Honor Out-of-State Medical Cards?

Medical marijuana is legal in Florida, yet police are still arresting people for cannabis possession every single day. How is this possible? The new laws have created a legal minefield of confusing rules, especially when it comes to your car.

After defending clients on marijuana charges since 1993, I’ve seen the law shift dramatically. The core problem remains the same: the vast majority of marijuana arrests still happen during traffic stops. Here’s what you need to know about the current law in 2025.

Arrested for a Marijuana Charge in Orlando? The law is more complicated than ever, especially for visitors. A successful defense requires an attorney who is up-to-date on the latest court rulings. Call my office for a consultation. Call John Guidry: (407) 423-1117

A Warning for Visitors & New Residents: Does Florida Honor Out-of-State Medical Cards?

Let me be perfectly clear: No. Florida law does not provide reciprocity for out-of-state medical marijuana cards. A card from California, Colorado, New York, or any other state provides zero legal protection in Florida.

The law (Florida Statute § 381.986) strictly defines a “qualified patient” as a Florida resident who has been diagnosed by a qualified Florida physician and obtained a Florida-issued card. To be legal, the cannabis must be purchased from a licensed Florida dispensary. If you are a tourist pulled over in Orlando with marijuana you purchased legally in your home state, the police will treat you as if you have no medical card at all. To date, no Florida appellate court has accepted an out-of-state medical card as a valid legal defense to a possession charge. The law is unfortunately very clear on this.

Furthermore, Florida is not alone in its strict interpretation of these laws. Courts in other pioneering medical marijuana states, like California and Oregon, have already addressed this exact question, and it has not gone favorably for defendants. In landmark cases, their appellate courts have consistently ruled that their state’s medical marijuana laws provide no defense for individuals who possess cannabis that doesn’t comply with their specific, in-state regulations. The message from the courts is clear: when you cross state lines, your home state’s medical card is not a valid “get out of jail free” card.

Why Cars Are Still the #1 Place for Marijuana Arrests

1. The “Smell” of Marijuana is No Longer a Simple Issue Many Florida appellate courts have now ruled that the smell of burnt cannabis alone is NOT enough to justify a search. However, police still frequently use the smell of fresh cannabis to justify a search, arguing that legally possessed medical marijuana should be in sealed packaging.

2. THC Oil & Vape Pens Are Still a Felony for Most If you do not have a valid Florida medical marijuana card, possession of a THC oil cartridge is a third-degree felony, punishable by up to 5 years in prison.

3. Packaging is Everything for Legal Patients If you are a Florida medical patient, the law requires you to keep your cannabis in its original packaging from the dispensary, especially when you are in a car.

4. Driving Under the Influence of Marijuana is ALWAYS Illegal Your medical card is not a license to drive while impaired.

John’s Takeaways

• The Law is More Complicated, Not Less: Medical marijuana has created a complex set of rules that police are using to continue making arrests.
• Out-of-State Medical Cards are NOT a Valid Defense in Florida. Courts across the country, including in states like California and Oregon, have consistently rejected this argument.
• The “Smell” Defense is Nuanced: The odor of burnt weed is no longer automatic probable cause for a search in many parts of Florida, but the odor of fresh weed is still being used to justify searches.
• THC Vape Oil is a FELONY for anyone without a valid Florida medical card.
• A Medical Card is NOT a Defense to a DUI: It is illegal for any person to drive while impaired by marijuana.

The legal landscape is in flux. If you have been arrested in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s talk about how these new, complex laws apply to your case.

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.