Not since the release of the Cheech & Chong movie “Up in Smoke” has there been so much discussion about smoking medical marijuana in Florida, especially in condominiums. Due to the ever-increasing number of condominium developments in South Florida, associations, owners and residents are abuzz about restrictions and regulations preventing owners who wish to indulge in smoking marijuana in the privacy of their own apartments or on their balconies. It may be high time for condominium associations, and their respective management companies, to take a more direct approach.

Florida’s medical marijuana market is booming, with an average of nearly two dispensaries opening each week across the state. The number of enrolled patients recently blew past the 200,000 mark with now more than 10,000 new patients signing up each month. Florida voters passed Amendment 2, legalizing medicinal marijuana in 2016. On March 18, 2019, Gov. Ron DeSantis signed new medical marijuana changes into law. Currently known as Chapter 2019-1, the legislation expands upon the medical marijuana laws previously implemented. Of particular interest is that the revised laws now permit the smoking of medical marijuana to fall within the definition of “medical use.” However, the smoking of medical marijuana is limited, and is still prohibited on public transportation such as in a school bus, vehicle, aircraft, or motorboat, and in an enclosed indoor workplace.

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