Tanaka appealed a decision from the Circuit Court for Collier County related to marijuana possession or use. The case turned on whether Tanaka’s medical marijuana authorization under Florida law permitted him to possess or use marijuana in a vehicle. Although Tanaka claimed medical authorization through a physician certification, the lower court rejected this defense based on statutory restrictions on the locations where medical marijuana may be used.
The Sixth District affirmed the lower court, holding that Florida Statute § 381.986(2023) explicitly prohibits the use or administration of marijuana in vehicles, even when authorized for medical use by a physician certification. While the statute permits “medical use”—defined as acquisition, possession, use, delivery, transfer, or administration authorized by physician certification—it contains a clear carve-out excluding use in vehicles and other specified locations.
The court noted a narrow exception: low-THC cannabis not in a form for smoking may be used in vehicles. However, this exception did not apply to Tanaka’s circumstances.
This decision clarifies that Florida’s medical marijuana protections, while broad in scope, are subject to strict location-based restrictions. Patients and practitioners must understand that medical authorization does not permit use in all contexts or locations. The case reinforces that statutory carve-outs are interpreted literally and do not expand beyond their terms.
For law enforcement and prosecutors, the decision confirms that possession or use of marijuana in a vehicle remains prosecutable even where the defendant claims medical authorization, unless the specific exception for low-THC cannabis in non-smoking form applies.