After voting overwhelmingly approving Amendment 2, Floridians will have to wait months before they can purchase medical marijuana due to the fact that state health regulators still have to craft rules that will govern an expanded medical marijuana program.

Floridians call the existing law, flawed since it regulates access to only a limited number of patients, according to Marijuana Policy Project. Under an existing program, six nurseries are already providing the need for cannabis.

With the approval of Amendment 2, doctors can now prescribe marijuana in full strength for a long list of afflictions, including glaucoma, HIV/AIDS, and cancer. It also empowers the Florida Department of Health to license growers, laboratories for extraction of cannabis components, and dispensaries that sell the drug.

The expanded law brings with it regulatory problems that can take months to work out. Florida lawmakers have three options on what course of action to take, according to The Miami Herald.

  • Create a new set of laws for a larger medical marijuana program with different sets of licenses for growers, dispensaries, and others in the industry.
  • Do little or no expansion of the existing program, maintaining the six nurseries with marijuana licenses to maintain control of the market.
  • Do nothing and allow two separate cannabis programs.

Sen. Jeff Brandes, R-St. Petersburg, a medical marijuana advocate for three years said that he is currently working on a bill to regulate marijuana believing it will be the only major bill on the subject in the Senate. He also adds Amendment 2 effectively nullifies the existing program noting that it does not make sense having two sets of rules. He also wants more people to be allowed to grow and ultimately sell cannabis.

The Department of Health has not acted as of yet on the new regulations. However, Amendment 2 can go into effect even without the state creating regulations a move that could ensue court battles. It is reported that local governments have already acted in response to the amendment. Miami Beach, for instance, passed a four-month moratorium on dispensaries.

Lawyer Jonathan Robbins, of the Ackerman law firm, said: Unless you have permission under the cannabis program, you cannot start using medical marijuana yet. And it could be a while before patients have broader access.