The New Florida Medical Marijuana Update - 8/26/22

Beginning Monday, August 29, 2022, the Medical Marijuana Use Registry (Registry) will be updated pursuant to section 381.986(4)(f), Florida Statutes (F.S.), which states, in part, “The department [of Health] shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. The department shall use the daily dose amount to calculate a 70-day supply.” In compliance with Florida law, the Department of Health has published Emergency Rule 64ER22-8, Dosing and Supply Limits for Medical Marijuana, to determine daily dose amounts and 70-day supply limits for approved routes of administration of marijuana (excluding low-THC cannabis).

However, pursuant to section 381.986(4)(f)1., F.S., a qualified physician may request an exception to the daily dose amount for their qualified patient by electronically submitting the “Request for Exception” form in the Registry. Qualified patients should contact their qualified physician to discuss whether an exception to the limit(s) is right for their treatment.

An active physician certification issued before the effective date of Emergency Rule 64ER22-8 (August 29, 2022) that exceeds the daily dose amount defined by the Rule, and begins within 210 days of the effective date of the Rule, will be valid for the remainder of said physician certification(s). However, should a qualified physician make any modifications to an existing certification after the effective date of this rule that would deem the certification to be in excess of the daily dose amount, the qualified physician will be required to submit the “Request for Exception” form.

Qualified patients may not obtain more than a 70-day supply of marijuana within any 70-day period or more than a 35-day supply of marijuana in a form for smoking within any 35-day period unless there is an approved exception in place. Therefore, prior to the approval of the exception, a qualified patient will only be authorized to obtain the amount determined by the Rule. The 70-day and 35-day limits will be calculated on a rolling basis from the date of each dispensation.