Can Police Officers Get a Medical Marijuana Card in Florida?

Florida’s medical marijuana program allows thousands of qualified residents to access cannabis for a range of approved conditions, but what about those in law enforcement?

If you’re a sworn police officer, correctional officer, or other certified law enforcement professional in Florida, the question of whether you can hold a Florida medical marijuana card is more complicated than it may seem. While state law technically allows any qualifying resident to apply, a 2023 court ruling clarified that law enforcement agencies can legally prohibit officers from using medical marijuana, even if they have a valid card.

Here’s what officers and other law enforcement professionals need to know.

The Limitations

Florida law does not explicitly prevent law enforcement officers from obtaining a medical marijuana card. Like any Florida resident, officers can qualify if they meet the state’s requirements: having a qualifying medical condition, proving residency, and receiving a recommendation from a certified physician.

However, holding a card does not guarantee protection from employment consequences.

In June 2023, the Florida First District Court of Appeal upheld the termination of a correctional officer who tested positive for marijuana metabolites, even though he had a valid medical marijuana card and was using cannabis for post-traumatic stress disorder. The court ruled that law enforcement agencies have the right to prohibit sworn personnel from using medical marijuana, regardless of state-approved patient status.

Why the Court Ruled This Way

Although Florida legalized medical marijuana in 2016, federal law still classifies marijuana as a Schedule I controlled substance, meaning it is illegal under federal standards. Because of this, there is no federally recognized medical prescription for cannabis, only state-level recommendations.

This becomes particularly relevant in professions like law enforcement, where certification often requires possession of a firearm and demonstration of “good moral character.” 

Under federal law, individuals who use controlled substances, including marijuana, are prohibited from possessing firearms. This puts law enforcement officers who use medical marijuana, even legally under state law, in conflict with the federal standards that govern their profession.

The court found that because using marijuana disqualifies someone from legally possessing a firearm under federal law, doing so could jeopardize an officer’s ability to perform their job duties. As a result, an employer has the right to enforce a zero-tolerance policy for marijuana use, even if the use is medically authorized.

What This Means for Sworn Law Enforcement Officers

If you are currently a sworn officer in Florida:

• You can technically apply for and receive a Florida medical marijuana card.
• However, your agency may legally terminate your employment if you use cannabis and test positive, even if you have a card.
• Having a card does not override your agency’s drug-free workplace policies or federal firearm regulations.

In other words, the card may grant you legal patient status in Florida, but it does not protect you from losing your job if your employer prohibits marijuana use for safety or certification reasons.

What About Non-sworn Law Enforcement Staff?

This ruling specifically applies to sworn officers and corrections personnel. These are people whose roles include carrying firearms, enforcing the law, or maintaining safety in correctional facilities. Non-sworn administrative or civilian employees may have more flexibility depending on their job role and their employer’s internal policies.

That said, anyone in the law enforcement profession should speak with their agency or legal counsel before pursuing medical marijuana treatment, especially if their job requires firearm certification or drug testing.

See if Medical Marijuana Could Be Right for You

At Medical Marijuana Treatment Clinics of Florida (MMTCFL), we’ve helped thousands of patients across Florida get qualified for medical cannabis. While it’s ultimately up to you to understand your specific job requirements and agency policies, we’re here to support you if you feel confident moving forward.

If you’re considering medical marijuana and believe it’s the right step for your health, our team is ready to help you get started.

Schedule an appointment with MMTCFL today to speak with a licensed physician about your qualifying condition and next steps in Florida’s medical marijuana program.

Share the Article