Medical Marijuana Laws in The State of Florida

Medical Marijuana Laws in The State of Florida

NEW RULES AS OF 06/23/2017. NO MORE 90 DAY WAITING PERIOD AND PATIENTS CAN RECEIVE A 7O DAY SUPPLY OF MEDICATION.

Rulemaking

Notice of Rule Development

A notice of Rule Development was published on January 17, 2017. A copy of the notice is available below.

Notice of Rule Development 64-4.012

The Office of Compassionate Use is charged with implementing section 381.986, Florida Statutes.
Implementation Timeline

Administrative Rules and Notices

Office of Compassionate Use Florida Administrative Code Rules, Chapter 64-4

Compassionate Use Registry Identification Cards, 64-4.011, F.A.C.

Qualified Patient Application DH8009-OCU

Legal Representative Application DH8010-OCU

Change, Replacement or Surrender Request   DH8012-OCU

The Department Filed the Final Chapter 64-4 Rules and Forms for Adoption on May 28, 2015, and They Became Effective June 17, 2015.

Final Chapter 64-4 Rules and Forms:

  • Chapter 64-4 Rule Text
  • Application for Low-THC Cannabis Dispensing Organization Approval, Form DH8006-OCU-2/2015
  • Score Card, Form DH8007-OCU-2/2015
  • Florida Low-THC Performance Bond, Form DH8008-OCU-2/2015
  • Request for Access to the Compassionate Use Registry, Form DH8009-OCU-2/2015

Final Order from the Division of Administrative Hearings Ruling that Proposed Rules 64-4.001, 64-4.002, 64-4.004, 64-4.005, and 64-4.009, F.A.C. Are Not Invalid Exercises of Delegated Legislative Authority Posted

  • Final Order, DOAH Case Number 15-1694RP

Proposed rule 64-4.002, F.A.C. Revised (March 4, 2015) Statement of Estimated Regulatory Costs (SERC) Posted

  • Revised Statement of Estimated Regulatory Costs, proposed rule 64-4.002, F.A.C.

Correspondence with the Joint Administrative Procedures Committee (JAPC) Posted

  • 2-26-15 JAPC Letter
  • 2-27-15 Department Response to JAPC

Chapter 64-4 Draft Forms Posted

  • Application for Low-THC Cannabis Dispensing Organization Approval, Form DH8006-OCU-2/2015
  • Score Card, Form DH8007-OCU-2/2015
  • Florida Low-THC Performance Bond, Form DH8008-OCU-2/2015
  • Request for Access to the Compassionate Use Registry, Form DH8009-OCU-2/2015

Proposed rule 64-4.002, F.A.C. Statement of Estimated Regulatory Costs (SERC) Posted

  • Statement of Estimated Regulatory Costs, proposed rule 64-4.002, F.A.C.
  • Comments on 64-4 Draft Text (12-30-2014 through 2-4-2015)
    Part 1 | Part 2
  • Comments on 64-4 Draft Text (2-5-2015 through 2-16-2015)
  • Negotiating Committee Correspondence
    Part 1 | Part 2 | Part 3 | Part 4
  • Cost Estimates

Rule Hearing and Notice of Proposed Rule

A Notice of Proposed Rule regarding proposed Chapter 64-4, Florida Administrative Code was published in the Florida Administrative Register on February 6, 2015.  For more information see the Florida Administrative Code and Florida Administrative Register.

 

A Rule Hearing was held on March 2, 2015.

Negotiated Rulemaking was held on February 4 and 5, 2015. A recording of the workshop is available below.

February 4

February 5

To listen to these recordings you need one of the following web browsers: Chrome 32, Firefox 26, Internet Explorer 9 or Safari 6.

A video of the Negotiated Rulemaking is also available on The Florida Channel:

  • February 4 Negotiated Rulemaking Session
  • February 5 Negotiated Rulemaking Session

Negotiated Rulemaking Participants Announced

The Florida Department of Health Announces Negotiated Rulemaking Participants

New Chapter 64-4 Draft Posted

  • View 1-27-15 draft of Chapter 64-4, Florida Administrative Code

Notice of Negotiated Rulemaking

A Notice of Negotiated Rulemaking regarding proposed Chapter 64-4, Florida Administrative Code was published in the Florida Administrative Register on January 5, 2015. For more information see the Florida Administrative Code and Florida Administrative Register.

Rule Development Workshop

A Rule Development Workshop was held on December 30, 2014. A recording of the workshop is available below.

To listen to this recording you need one of the following web browsers: Chrome 32, Firefox 26, Internet Explorer 9 or Safari 6.

Notice of Change

A Notice of Change regarding proposed Chapter 64-4, Florida Administrative Code was published in the Florida Administrative Register on September 9, 2014.  For more information see the Florida Administrative Code and Florida Administrative Register.

Draft Forms

  • Application Form
  • Request to Alter, Expand, or Consolidate Low-THC Cannabis Dispensing Organization
  • Request for Access to the Compassionate Use Registry

Drafts of Chapter 64-4

  • View 2-6-15 Notice of Proposed Rule 64-4, Florida Administrative Code
  • View 1-27-15 draft of Chapter 64-4, Florida Administrative Code
  • View 1-15-15 draft of Chapter 64-4, Florida Administrative Code
  • View 8-1-14 draft of Chapter 64-4, Florida Administrative Code
  • View 7-7-14 draft of Chapter 64-4, Florida Administrative Code

A Public Hearing was held on September 5, 2014.  A recording of the hearing is available below. Please note: the recording is in three parts.

To listen to this recording you need one of the following web browsers: Chrome 32, Firefox 26, Internet Explorer 9 or Safari 6.

A Rule Development Workshop was held on August 1, 2014. A recording of the workshop is available below. Please note: the recording is in two parts.
To listen to this recording you need one of the following web browsers: Chrome 32, Firefox 26, Internet Explorer 9 or Safari 6.

A Rule Development Workshop was held on July 7, 2014. A recording of the workshop is available below.
To listen to this recording you need one of the following web browsers: Chrome 32, Firefox 26, Internet Explorer 9 or Safari 6.

Patients

Amendment 2, and the expanded qualifying medical conditions, became effective on January 3, 2017. Section 381.986 F.S. remains in effect and the Florida Department of Health, physicians, dispensing organizations, and patients remain bound by existing law and rule. The Department is committed to quickly moving through the rulemaking process to create a regulatory structure for Amendment 2. For information about how to get started, please click here.

It is the responsibility of the qualified ordering physician to follow Florida constitution and statute, diagnose patients and determine if medical marijuana is an appropriate treatment. In partnership with law enforcement, enforcement actions initiated by the department against patients, doctors and businesses will be focused on those operating outside the regulatory structure in Florida law.

A patient qualified to receive an order for HIGH & low-THC medical cannabis must:

  • Be a permanent resident of Florida.
  • Be entered into the Compassionate Use Registry by a qualified physician
  • Be a patient of an ordering physician for at least 3 months
  • Be diagnosed with a qualifying medical condition

Find a Qualified Physician

The Office of Compassionate Use maintains a list of physicians who have completed the required 8 hour education course. Any physician who holds an active, unrestricted license as a physician under Chapter 458, F.S. or an osteopathic physician under Chapter 459, F.S. may take the required course and examination.

For more information about Florida Marijuana and Doctors license verification, and to view practitioner profiles please visit the MQA Search Portal  

Find a Dispensing Organization

Patients and legal representative may only fill orders for medical marijuana with one of the state’s seven approved dispensing organization. Dispensing organizations are currently in the process of opening dispensing facilities around the state. Dispensing organizations may deliver medical cannabis to qualified patients and legal representatives. If you do not have a dispensing facility in your city you can still fill your order by contacting a dispensing organization and arranging for a delivery. The Office of Compassionate Use does not dispense medical marijuana to patients. Please contact one of the seven dispensing organizations directly to fill your order.  

Visit the  Dispensing Organization page for more information  

Low-THC and Medical Cannabis

Section 381.986, F.S. permits qualified physicians to order low-THC cannabis for a eligible patients suffering from (1) cancer or (2) a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms, to alleviate symptoms of such disease, disorder, or condition, if no other satisfactory alternative treatment options exist for the qualified patient. See section 381.986, Florida Statutes. The statute also allows a qualified physician to order medical cannabis for an eligible patient with a terminal condition that is attested to by the patient’s physician and confirmed by a second independent evaluation by a board-certified physician in an appropriate specialty for that condition.

Florida law defines a terminal condition as a “progressive disease or medical or surgical condition that causes significant functional impairment, is not considered by a treating physician to be reversible even with the administration of available treatment options currently approved by the United States Food and Drug Administration, and, without the administration of life-sustaining procedures, will result in death within one year after diagnosis if the condition runs its normal course.”

The Department has initiated rulemaking to create a regulatory structure for Amendment 2. For information about the rulemaking process, please click here.

The medical use of low-THC cannabis or medical cannabis does NOT include the following:

  • The transfer of low-THC cannabis or medical cannabis to a person other than the qualified patient for whom it was ordered or their legal representative.
  • The use or administration of low-THC cannabis or medical cannabis on any form of public transportation, in any public place, in a qualified patient’s place of employment, if restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus or vehicle.

Patient helpline

If you need assistance, or have questions not addressed in the Patient's Guide please call: (850) 245-4720

Medical marijuana is available in Florida, however, remains illegal under federal law.

Contact Information


All Natural Medical Solutions

Call Us: (800) 250-6737

*We Service Patients in The entire State of Florida

FloridasMedicalMarijuana.com

Facebooktwittergoogle_pluslinkedinrssyoutube

Our MMJ Solutions


At FloridasMedicalMarijuana.com we are committed to providing you with exceptional service. Our network of Doctors are compassionate and knowledgeable, and are experts in the field of Medical Marijuana medicine. From beginning to end, we offer a simple and stress free experience! Our team of professionals are here to help you.

Join Our Newsletter