Frequently Asked Questions
Are there any changes due to COVID-19/CORONAVIRUS pandemic related to Medical Marijuana?
On March 16, 2020, Emergency Order 20-002 was enacted to temporarily allow qualified physicians to use telemedicine only if they are re-certifying a patient who has an existing certification issued by the qualified physician. Unless extended, the Emergency Order will only be in effect for 30 days. Meaning, qualified physicians may not use telemedicine to certify patients after April 15, 2020
On April 15, 2020, Emergency Order 20-004 was enacted to extend Emergency Order 20-002 until May 8, 2020.
On May 8, 2020, Emergency Order 20-007 was enacted to extend Emergency Order 20-002 until May 31, 2020.
Was is telemedicine?
Telemedicine involves the use of electronic communications and software to provide clinical services to patients without an in-person visit.
When may marijuana for medical use in a form for smoking start to be ordered?
An order for marijuana for medical use in a form for smoking may be ordered following the Governor signing CS/CS/CS/SB 182 (2019) into law.
When will marijuana for medical use in a form for smoking become available to patients?
Marijuana for medical use in a form for smoking will be available from the Medical Marijuana Treatment Centers once the Office of Medical Marijuana Use approves a variance that they may request to dispense marijuana in a form for smoking.
What is a “marijuana delivery device?”
An object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
Where may patients purchase a marijuana delivery device intended for the medical use of marijuana in a form for smoking?
Delivery devices intended for the medical use of marijuana by smoking need not be dispensed from a Medical Marijuana Treatment Center and can be purchased anywhere. This only applies for medical marijuana in a form for smoking. Medical Marijuana Treatment Centers must still dispense all other delivery devices to qualified patients.
May a qualified patient/caregiver purchase and possess a marijuana delivery device intended for smoking?
Yes. A qualified patient and a qualified patient’s caregiver are permitted to purchase and possess a marijuana delivery device intended for the medical use of marijuana by smoking device from a vendor other than a Medical Marijuana Treatment Center.
Are there restrictions to where smokeable medical marijuana may be consumed?
Yes.
May qualified patients smoke medical marijuana in public or an indoor workplace?
No. The law specifies that medical marijuana may not be smoked in any public place and prohibits the medical use of marijuana by smoking in an “enclosed indoor workplace,” as defined in the Florida Clean Indoor Air Act.
May a qualified patient smoke medical marijuana on their own private property?
Yes. A patient may smoke or vape medical marijuana on private property as allowed by the property owner. The law provides that s. 381.986, F.S., does not impair the ability of a private party to restrict or limit smoking or vaping marijuana on his or her private property.
May a qualified patient smoke medical marijuana in a nursing home, hospice, or assisted living facility?
Yes, if the facility does not prohibit medical use of marijuana in the facility’s policies. The law provides that s. 381.986, F.S., does not prohibit the medical use of marijuana in a nursing home, hospice, or assisted living facility if the facility’s policies do not prohibit the medical use of marijuana.
Who is required to give informed consent?
Each qualified patient, or the patient’s parent or legal guardian if they are a minor, must give written informed consent to their qualified ordering physician before being certified to receive medical marijuana in a form for smoking. That written informed consent must contain information regarding the risks specifically associated with smoking marijuana.
What might a patient expect a qualified physician may do to provide informed consent to the patient?
Discuss with the qualified patient the negative health effects of smoking marijuana, and obtain an acknowledgement from the patient that the qualified physician has sufficiently explained the content of the informed consent.
What should a qualified physician do to recommend medical marijuana in a form for smoking?
Obtain informed consent (required by s. 381.986, F.S.) from the qualified patient specifically relating to the negative health effects associated with smoking marijuana, and obtain an acknowledgement from the patient that the qualified physician has sufficiently explained the content of the informed consent.
Are there restrictions on who may receive a certification of marijuana for medical use by smoking for qualified patients under the age of 18?
Yes. Patients under the age of 18 may not obtain a certification for marijuana for medical use by smoking unless the patient is diagnosed with a terminal condition.
How may a patient under 18 with a terminal condition receive a certification for medical marijuana by smoking?
- A qualified physician must certify that smoking is the most effective route of administration for medical marijuana to the patient;
- A second physician, who is a board-certified pediatrician, must concur with the determination; AND
- Such a determination and concurrence is recorded in the patient’s medical record and in the medical marijuana use registry.
How much marijuana for medical use by smoking may be ordered?
Up to six 35-day supplies of smokeable medical marijuana and may not exceed 2.5 ounces per 35-day order. Patients may only possess up to 4 ounces of medical marijuana in a form for smoking at any given time.
How can a patient receive medical marijuana?
A qualified patient must first seek treatment from a qualified physician. A qualified physician must enter the patient’s information into the Medical Marijuana Use Registry. Once the physician inputs the patient’s information, the patient must apply and be approved for a Medical Marijuana Use Identification Card. Once approved, patients may fill the order only at an approved Medical Marijuana Treatment Center, or via delivery.
Do qualified physicians have to conduct an in-person physical examination or can they issue a certification for medical marijuana by telemedicine?
The law requires that qualified physicians may only issue a certification if they conduct a physical examination while physically present in the same room as the patient and a full assessment of the medical history. A certification may not be issued through telemedicine.
What are the requirements for a patient to be eligible?
§ Be a permanent or seasonal Florida resident
§ Be diagnosed with a qualifying condition
§ Be entered into the Medical Marijuana Use Registry by a qualified physician
§ Obtain a Medical Marijuana Use Registry Identification Card
What are the qualifying medical conditions?
Patients are eligible to receive a certification for low-THC cannabis or medical marijuana if they suffer from the following conditions:
§ Cancer
§ Epilepsy
§ Glaucoma
§ HIV
§ AIDS
§ Post-traumatic stress disorder (PTSD)
§ Amyotrophic lateral sclerosis (ALS)
§ Crohn's disease
§ Parkinson's disease
§ Multiple sclerosis (MS)
§ Medical conditions of the same kind or class as or comparable to those above
§ A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
§ Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
Can patients obtain medical marijuana if they do not have one of the qualifying conditions?
No. Physicians may only order low-THC cannabis or medical marijuana for patients diagnosed with one of the qualifying conditions or conditions of the same kind or class.
How much low-THC cannabis or medical marijuana can a qualified physician order for a patient?
Qualified physicians can order no more than three 70-day supplies within a physician certification for the medical use of low-THC cannabis or medical marijuana for qualified patients.
What is the difference between low-THC cannabis and medical marijuana?
Low-THC cannabis means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center. Low-THC cannabis contains very low amounts of the psychoactive compound THC, and typically does not result in the “high” often associated with medical cannabis.
Medical marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient. Medical marijuana contains significant levels of the cannabinoid THC and can result in the euphoric "high" sensation.
What is a marijuana delivery device?
A marijuana delivery device is an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.
Does the law allow qualifying patients to grow their own medical marijuana?
No. Florida law only allows licensed medical marijuana treatment centers to grow, process and dispense marijuana. The department will refer any business or individual suspected of violating state law to local law enforcement for investigation. It is important
Who can sell low-THC cannabis or medical marijuana?
Licensed medical marijuana treatment centers (MMTCs) are the only businesses in Florida authorized to dispense medical marijuana to qualified patients and caregivers.
Who can purchase medical marijuana from an approved medical marijuana treatment center?
Medical marijuana treatment centers may only provide low-THC cannabis, medical marijuana or a marijuana delivery device to a qualified patient or a qualified patient's caregiver.
Who can be a qualified patient's caregiver?
Florida law defines a caregiver as a resident of Florida who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card, and meets all requirements under Florida law.
A Caregiver Must:
§ Be 21 years of age;
§ Agree in writing to assist with a qualified patient’s medical use of marijuana
§ Be registered in the medical marijuana use registry as a caregiver for no more than one qualified patient, unless exempted from this requirement by Section 381.986(6), F.S.; and
§ Meet all other requirements of Section 381.986(6), F.S.
A Caregiver May Not:
§ Be a qualified physician;
§ Be employed by or have an economic interest in a medical marijuana treatment center or a marijuana testing laboratory; or
§ Receive compensation, other than actual expenses incurred, for any services provided to the qualified patient.
Who needs to have a Medical Marijuana Use Registry identification card?
Florida rule 64-4.011, F.A.C. requires all patients and caregivers to have a Medical Marijuana Use Registry identification card.
What is the status of my Medical Marijuana Use Registry Card Application?
The current processing time for Medical Marijuana Use Registry Identification Cards is 5 business days from the time the Department receives your complete application. Applications are not considered complete until payment has successfully processed. Online payments currently take 5 business days to process.
If you are submitting an application by mail, please allow an additional 3-5 days for postal delivery of your application.
How do I renew my ID card?
To maintain an active Medical Marijuana Use Registry identification card, a patient and/or caregiver must annually submit a renewal application, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date. Patients and caregivers can submit a renewal application either online or by mail.
What happens if I need a new ID card?
Requests to change the information on an ID card or to replace a lost or stolen card will require the cardholder to submit a Change, Replacement or Surrender Request Form, along with a copy of his or her Florida driver’s license or identification card and a $15
How do I use my Medical Marijuana Use Registry identification card?
Patients and caregivers must provide their Medical Marijuana Use Registry identification card to medical marijuana treatment centers in order to obtain medical marijuana, or a marijuana delivery device. Medical Marijuana Use Registry identification cards may also be used to assist in verifying that a patient or caregiver are in the Department of Health’s Medical Marijuana Use Registry.
If I am a patient, may I also serve as a caregiver for someone else?
Yes. However, a patient wishing to serve as a caregiver for someone else must apply separately for a caregiver card and a patient card.