Medical Marijuana and Driving

medical marijuana and operating a vehicle

Have Your Medical Marijuana Card and Ready To Hit The Florida Roadways?

Not so fast!

Just because you have your Medical Marijuana card the law is the law.

You have picked up your medical marijuana from your favorite dispensary, you are driving down the road. You are speeding, you run a red light, hit something or somebody…you get pulled over.

Now what? Can you relate to this scenario?

In Florida, if you are stopped with a cannabis product in your car and you are a medical marijuana patient, you must show your valid medical marijuana card. Failure to show police your card is in violation of the law and could be considered a second-degree misdemeanor. If you have your medical marijuana card and are not under the influence while driving, you are legally allowed to drive with the marijuana products in your car.
medical cannabis card
Can I travel with marijuana if I have my medical marijuana card?

Medical marijuana is considered a Schedule I substance and not all states have legalized medical marijuana. There is no reciprocity between states. Florida laws only apply in Florida. If you are traveling via an airplane you will want to think twice before packing your medical marijuana in your suitcase even if you are flying within the state of Florida, Orlando to Miami, Tampa to Jacksonville, etc. When you go through the TSA at the airport if you have medical marijuana on you, they will not let you board the plane and you could be arrested.
Can I drive lawfully if I am using medical marijuana?

If you have used medical marijuana then proceed to drive your vehicle immediately after you could be headed for a disaster! If you are pulled over you could be considered as “driving under the influence” which is highly illegal. None of the states that have made it legal to use medical marijuana for medical purposes permit patients to drive while under the influence of the drug. It doesn’t matter if the usage is for medicinal purposes or purely for recreation. To avoid Driving Under the Influence (DUI) charges, medical marijuana patients should be aware of the rules they are expected to follow after their marijuana treatments. If you are pulled over, be prepared for hefty DUI penalties including jail time, license suspension and monetary fines.
How much medical marijuana can you drive with in Florida?

#1 be sure you have your valid medical marijuana card with you while you are driving if you have any marijuana products in the car with you. Never exceed your medical marijuana limit! Florida’s program allows license holders to purchase up to 2.5 ounces of whole flower cannabis per 35 days.

If I have a prescription for medical marijuana can I be charged with DUI?

If you are pulled over and test positive for any amounts of THC and have a prescription for medical marijuana AND have your valid medical marijuana card, an experienced DUI attorney may be able to help you. Even if your driving ability is not impaired you could still face charges because in Florida it is still illegal to consume medical marijuana while driving or to have consumed it just prior to getting behind the wheel.

I have a valid medical marijuana card, can I legally smoke marijuana in my car while driving?

If you are a qualifying patient with a valid medical marijuana card, then for you medical marijuana is legal to buy and use. It is still illegal to be driving under the influence of marijuana whether you have a valid medical marijuana card or not. In this scenario you would be driving under the influence (DUI) which is a highly chargeable offense. The effects of cannabis can last anywhere from 2 to 6 hours. You must be sober before getting into your vehicle.
What if I am not driving, can I still consume my cannabis products in my car?


It is still illegal to consumer any form of cannabis in your car. One can only assume you may take to the wheel. Enjoy your medical marijuana at home. Be sure to allow enough hours for the effects to wear off before you get behind the wheel.

Consuming any form of medical marijuana such as flowers, extracts, or edibles, even in small doses will impair your judgement. In Florida driving under the influence of marijuana is the same as a DUI. Penalties can be severe and the risk of harming others increases when you drive under the influence.
person smoking medical marijuana while driving a vehicle
medical marijuana and operating a vehicle

What should I do if I am arrested?

Call 49th Street Bail Bonds, we are the Bondsman on 49th! We are available 24-hours a day, 7 days a week including weekends and holidays. Our number is 727-592-0000. If you have been arrested for DUI, DWI, domestic violence, assault, battery, child neglect, road rage, drugs and drug trafficking please give us a call.

Have more questions?

Check out our frequently asked questions on our website and let us help you put your mind at ease: 

Frequently Asked Questions