QUALIFYING HEALTH CONDITIONS

Florida’s Amendment 2 passed in November of 2016 by a landslide, in which 71% of voters said “Yes” to medical marijuana. The will of the voters was put into place by our elected officials via Florida Senate Bill 8A. The Florida Department of Health – Office of Medical Marijuana Use is now in charge of defining legislative intent and implementation of the program statewide.

Florida Medical Marijuana Law

The passing of Florida Amendment 2 provides a legal avenue for patients to access medical marijuana products, which may help manage their symptoms and improve their quality of life. 

There are three legal pieces that were approved in Florida to allow patients to receive medical cannabis:

The Compassionate Medical Cannabis Act

The Compassionate Medical Cannabis Act was the first law passed in Florida that allowed for the use of low-THC cannabis for medical purposes. The law was signed by Governor Rick Scott in June 2014, and it permitted the use of low-THC cannabis (containing no more than 0.8% THC and at least 10% CBD) by patients with qualifying medical conditions such as cancer, epilepsy, and chronic seizures. The law also established the Office of Compassionate Use within the Florida Department of Health, which oversees the state’s medical cannabis program. The Compassionate Medical Cannabis Act was a significant first step in Florida’s journey towards medical marijuana legalization and paved the way for the passage of subsequent laws and the Florida Medical Marijuana Amendment (Amendment 2) in 2016.

The Florida Medical Marijuana Legalization Initiative

The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was a ballot initiative that was approved by Florida voters in November 2016. The amendment expanded the state’s medical marijuana program to allow the use of medical marijuana by patients with a wider range of qualifying medical conditions. Under the amendment, patients with qualifying conditions such as cancer, epilepsy, glaucoma, HIV/AIDS, Crohn’s disease, Parkinson’s disease, and multiple sclerosis are eligible to receive medical marijuana as a form of treatment. The amendment also allowed for the establishment of Medical Marijuana Treatment Centers (MMTCs) to produce and distribute medical marijuana products, and it allowed patients to use medical marijuana in forms other than smoking. The passage of the Florida Medical Marijuana Legalization Initiative significantly expanded the availability and accessibility of medical marijuana for patients in Florida.

Legalization of Smokable Medical Cannabis

The Legalization of Smokable Medical Cannabis in Florida was a legislative action that took place in 2019. Prior to this change, smoking medical marijuana was not permitted in the state, despite being legalized under the Florida Medical Marijuana Legalization Initiative (Amendment 2) in 2016. In March 2019, Governor Ron DeSantis signed a bill into law that allowed patients with qualifying conditions to smoke medical marijuana as a form of treatment. This was seen as a major victory for patients and advocates who argued that smoking was an important and effective delivery method for medical marijuana, particularly for patients with certain conditions such as chronic pain, PTSD, and terminal illnesses. The legalization of smokable medical cannabis in Florida gave patients more options for their treatment and further expanded access to medical marijuana in the state.

The smokable rolling 35-day limit is a regulation on the amount of smokable medical cannabis that a patient in Florida can purchase within a 35-day period. This limit was implemented by the Florida Department of Health in 2019 when smokable medical cannabis was legalized in the state. According to the regulation, patients with a qualifying condition can purchase up to 2.5 ounces of smokable medical cannabis every 35 days. This limit is designed to prevent abuse of the medical cannabis system and to ensure that patients have access to an appropriate amount of medication for their needs. The rolling period means that the clock for the 35-day limit starts at the time of the first purchase, and resets every 35 days thereafter. If a patient reaches their limit before the 35-day period is up, they will have to wait until the rolling period has passed before they can purchase more smokable medical cannabis.

To receive medical marijuana in Florida, patients must have a qualifying medical condition and obtain a medical marijuana card from a qualified physician. The card allows the patient to purchase and use medical marijuana from licensed dispensaries in the state.