Criminal Defense
Since 1993
Since 1993
Can You Bring Your Medical Marijuana to Florida?
By: John Guidry
It’s a long flight from California to Orlando. Usually, packing your toiletries and prescriptions isn’t a problem for most passengers. But what if your “prescription” is a bag of medical marijuana prescribed by a California doctor?
Logic tells you: “It’s medicine. I have a prescription. I can travel with my heart medication, so why not this?”
Not so fast.
While logic says yes, Florida law is much murkier. The reality is that bringing your out-of-state medical cannabis into the Sunshine State can land you in handcuffs with a Possession of Cannabis charge.
Stopped at the airport with medical marijuana?
Do not explain yourself to the police. Call John at (407) 423-1117. We can help.
The Legal Breakdown: The “Prescription Defense”
As of right now, there is no definitive Florida court case that explicitly allows—or disallows—the possession of marijuana based solely on an out-of-state prescription. We are in a legal gray area.
However, if you are arrested, we don’t just throw up our hands. We look to the Prescription Defense found in Florida Statutes.
- The Statute: Florida law (Sections 499.03 & 893.13) generally allows you to possess a “controlled substance” or “legend drug” if it was obtained via a valid prescription.
- Is Weed a “Legend Drug”? Under Section 499.003(8), a legend drug is one required by law to be dispensed by prescription. California law says yes; Federal law says no. It’s a conflict we can argue.
- Is Weed a “Controlled Substance”? Yes. Cannabis is a Schedule I substance under Florida Statute 893.03. Therefore, technically, the prescription defense should apply if you hold a valid prescription for that controlled substance.
The Constitutional Argument: We can also argue that Florida should honor California’s laws under the Full Faith and Credit Clause and the Privileges and Immunities Clause of the U.S. Constitution. If you have the right to travel, and the right to your medicine in your home state, Florida shouldn’t be able to criminalize you for maintaining your health while visiting.
John’s Takeaways
Here is the “Straight Shooter” reality. While the legal arguments above are sound, they are arguments for a courtroom, not a roadside stop.
- You Can’t Beat the Ride: As the saying goes, “You may beat the rap, but you can’t beat the ride.” Florida police officers generally will not honor an out-of-state marijuana card on the street. They will arrest you, confiscate your meds, and let the judge sort it out later.
- Reciprocity is Rare: Currently, Florida has very strict rules for its own medical marijuana program and does not have an automatic “reciprocity” agreement that recognizes out-of-state cards for purchase or possession.
- Federal Lines Matter: Remember, marijuana is still illegal federally. Crossing state lines (like flying from LAX to MCO) with it is technically a federal crime, which complicates the “lawful possession” argument.
- This is a Trial Defense: The “Prescription Defense” is something we use after you have been charged to try and get the case dismissed. It is not a “Get Out of Jail Free” card you can show the officer to avoid arrest.
Don’t Face This Alone
If you are a visitor to our state and find yourself on the wrong side of Florida’s drug laws, you need a defense attorney who understands the nuances of the Prescription Defense.
I’ve been fighting these battles in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County for over 30 years.
Call me at (407) 423-1117. Let’s get to work.
About 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.