Florida first approved the use of medical cannabis in 2016. But until recently, edibles remained forbidden. Now, under a rule authored by the Florida Department of Health, dispensaries in the Sunshine State will be permitted to sell marijuana in edible forms. As of August 27, 2020, under Emergency Rule 64ER20-33, “edibles as a route of administration is available to qualified patients” and “If a physician agrees that edibles is an appropriate route of administration, the physician can add edibles to a qualified patient’s already-existing certification.” The new rule, links to which are posted on the Florida Office of Medical Marijuana Use (“OMMU”) website, is immediately operable.
While this new revision to Florida’s medical marijuana laws is likely to have a major impact on the market for marijuana in the state, with some industry insiders expecting edible sales to eventually rise to around one-fifth of all sales, it does not represent a major change in the law itself. Under the original legislation enabling the sale of medical marijuana in Florida, the Department of Health was empowered to authorize the sale of edibles. It has only now done so, through an emergency rule. Emergency rules can go into effect immediately, while ordinary regulations go through the notice-and-comment process, but in general, emergency rules can only be implemented for ninety days. However, under Florida’s medical marijuana statute, emergency rules can remain in effect for significantly longer.
But even with approval from the OMMU, it may be some time before edible cannabis is widely available; products will still need approval from the Florida Department of Agriculture and Consumer Services. Only a few companies have already gotten approval for the manufacture of edible cannabis products and any company that wants to make edibles will need a permit, which can be up to six hundred and fifty dollars a year. But because the original legislation legalizing medical marijuana contemplated the sale of edibles, it is believed that quite a few companies already have production facilities on-line or nearly ready to start producing edibles in hopes to make millions. One of the companies that has already received approval from the Florida Department of Agriculture to begin the production and sale of edibles, Trulieve Cannabis Corp built a 10,000 square feet kitchen facility before the emergency rule was rolled out. Although several companies have gotten approval to begin the manufacture and production of edible cannabis products, no specific products have been approved for sale yet. The rule does not contain any definite timetables for approval, nor has the OMMU published an anticipated timetable. And of course, no one is sure when producers and manufacturers will be able to seek approval.
Florida law permits the use of medical, but not recreational, use of marijuana, and in keeping with that, both the enabling law and the current regulation contain strict restrictions on the appearance and packaging of edibles. Edibles are not permitted to resemble “commercially available candy,” nor can they be shaped like humans, animals, or cartoons. While producers are allowed to make cannabis products in a variety of forms, including gelatins, powders, chocolates, and baked goods cannot be in bright colors, and must “be produced in a manner to minimize color intensity and other color and visual characteristics attractive to children.” The rule goes as far as to limit the shapes in which edibles can be sold in squares, circles, rectangles, triangles, parallelograms, ovals, and diamonds (including three-dimensional variants of those shapes). You also need an additional certification from your marijuana doctor near me to purchase the edibles. All Natural MD is certified and authorized to issue all form and routes of medical marijuana in Florida including edibles, flower, vape and more. Moreover, the rule’s restrictions exceed those of the bill, banning additives like marshmallows and nougat from chocolate edibles.
Despite these restrictions, experts expect edibles to be a huge part of the marijuana industry in Florida. Estimates of the total value of the market already approach $1 billion, and about $200 Million of that may be eaten up by edibles. One major part of the appeal of edibles is broadening the options for patients. Different methods of ingestion are known to have different effects on particular people and the availability of alternative consumption methods should broaden the efficacy of marijuana as a treatment. Perhaps even more importantly, the use of edibles will allow patients with conditions for which smoking is inadvisable or even outright impossible to obtain the benefits of medical marijuana. For example, a patient with lung cancer might need marijuana to combat nausea related to chemotherapy, but would not want to smoke cannabis flower. A nationwide survey of adult consumers of cannabis consumers suggest that about one-third of consumers generally opt for edibles, but that survey may have been skewed away from edibles because it included consumers in states without legalized and decriminalized marijuana, and it is generally believed that in places where cannabis is illegal, edible products are less widely used. Observers have credited Florida’s rule with being both attentive to best practices from other states and mindful of possible downsides to edibles, such as making marijuana more attractive to minors.
If you’re a Florida resident and you think medical marijuana would help you, the next step is to find a qualified doctor who can evaluate you. Florida allows both Medical Doctors and Doctors of Osteopathy to recommend the use of cannabis. Remember, cannabis is still illegal under federal law, so doctors and osteopaths in Florida can only recommend, not prescribe its use. Florida has over 2500 medical practitioners who have received licenses to recommend marijuana and the state maintains a database. Internet searches will also lead you to qualified medical professionals. If you go that route, you can confirm that your chosen provider is properly licensed by using the database.
Florida law gives a list of conditions for which medical providers can recommend the use of medical marijuana. The complete list of enumerated conditions is found in section 381.986 of the Florida Statutes:
- Cancer
- Epilepsy
- Glaucoma
- Positive status for human immunodeficiency virus (HIV)
- Acquired immune deficiency syndrome (AIDS)
- Posttraumatic stress disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS or Lou Gehrig’s Disease)
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis (M.S.)
If your condition doesn’t fit into one of those categories, you may still be eligible for a recommendation; the law includes provisions for doctors and osteopaths to recommend the use for:
- Medical conditions of the same kind or class as or comparable to those enumerated
- A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
- Chronic nonmalignant pain
Common examples of these latter, unenumerated conditions include migraine headaches, depression, fibromyalgia, and diabetes, but your medical practitioner can discuss whether marijuana would be an appropriate course of treatment for you for many different kinds of conditions. They can also recommend methods of ingestion and point you to trusted dispensaries.
Once you have found a top medical marijuana practitioner to recommend marijuana in Florida, you can arrange an appointment for both diagnosis and recommendation. The practitioner will either diagnose you or confirm an existing diagnosis, and discuss whether cannabis is an appropriate treatment, if they make a recommendation for you then you should also discuss details with them. They may have recommendations related to the type of cannabis that is best for your treatment and for methods of consumption. For example, someone with lung conditions may want alternatives to smoking marijuana, while someone with ulcerative colitis may want to avoid edibles.
In terms of costs, many Florida marijuana doctors charge around fifty dollars, but costs can be higher depending on the extent of the evaluation. You can also see if your insurance provider will cover all or part of the cost of your evaluation. Post evaluation, you will need to send a further application to the Florida Department of Health, along with a fee of seventy-five dollars
Once that application is approved, you will need to register with the Medical Marijuana Use Registry, run by the Office of Medical Marijuana Use (“OMMU”). The OMMU provides your Florida marijuana card which confirms that you are permitted to purchase medical marijuana.
There are a number of important deadlines you need to keep an eye on to maintain your eligibility to purchase medical marijuana. First, your recommendation for medical marijuana is valid for thirty weeks. After that, you will need to be re-evaluated by a doctor or osteopath. As of September 2020, remote appointments are permissible for re-evaluations in light of the ongoing COVID-19 pandemic, but as a general matter, the re-evaluations must be done in person. And be sure to note that the initial evaluation must still be in person. Additionally, your medical marijuana identification card is valid for one year; after that you will have to re-register and renew it.
Once you have gotten your recommendation, registered with the OMMU, and received your identification card, you can purchase marijuana at one of Florida’s dispensaries. You should also consider what strain of cannabis is best for you. Strains will generally fall into one of three categories, sativa, indica, or hybrids. As a rule, sativas and sativa-heavy hybrids will give you a more uplifting effect, while indicas and indica-leaning hybrids will more relaxing, but as with most things, these are guidelines, not hard and fast rules. You should also consider the overall potency, that is how much tetrahydrocannabinol (“THC”) is in a particular strain, or whether it contains cannabidiol (“CBD”). THC is responsible for the more noticeable psychoactive effects of marijuana, while CBD, while psychoactive, is much subtler. But remember, the specific effects of a strain will vary even within these general categories and will vary with each person. And scientists are still learning about the effect of terpenes, or the aromatic compounds, on the impact of particular strains.
Different strains of marijuana are noted for their uses in treating different conditions. For example, websites can point to the best strains for treating migraines, while other strains, like Acapulco Gold, are noted for their pain relief and nausea treatment properties.
Ask your doctor or osteopath for advice on how to match particular strains of marijuana to your conditions, but also be sure to discuss with employees at dispensaries. While the dispensaries will usually not employ medical personnel, they usually have very knowledgeable employees who can speak very confidently about different products and can help you navigate the differences between strains or point you to overlooked products. They can also advise you on proper dosages or on combinations of treatments that might be even more effective. Get started on your medical marijuana doctor certification today!