Know The Facts

Medical Use of Marijuana in a
Form for Smoking

Governor DeSantis signed Senate Bill 182 into law on March 18, 2019, and the law became effective upon signature. The law allows a qualified physician to determine that smoking is an appropriate route of administration for medical marijuana. Below, you will find information regarding availability, the certification of patients under the age of 18, supply limits, consent form requirements, required documentation, and more.

Know the Facts about Medical Marijuana in a Form for Smoking (PDF)

Qualified Patients & Physicians

Review our frequently asked questions to learn what the new law means for you.

Find an MMTC

Click the link below to view an active list of which MMTCs are authorized to dispense medical marijuana in a form for smoking to qualified patients.

Read the Law

Make sure you have the most current and accurate information on medical marijuana in Florida. View the new law by clicking below.
   

Frequently Asked Questions

What does CS/CS/CS/SB 182 (2019) Medical Use of Marijuana change?

Permits smoking as a route of administration for medical marijuana by amending the definition of the term “medical use” in s. 381.986(1)(j), F.S., and provides for a limit on the number of ounces of smokable marijuana a patient may receive and carry at a given time.


Availability

Where can qualified patients purchase medical marijuana in a form for smoking?

Medical marijuana in a form for smoking is available at certain Medical Marijuana Treatment Centers (MMTCs). Review the list of MMTCs that have been authorized to dispense marijuana in a form for smoking here.

How can qualified physicians order medical marijuana in a form for smoking for qualified patients?

The Medical Marijuana Use Registry (MMUR) was updated on June 28, 2019, to include marijuana in a form for smoking as a route of administration. Visit our Registry page to view the MMUR physician user guide and updated instructional guides to learn how to place orders for medical marijuana in a form for smoking.


June 28, 2019, Medical Marijuana Use Registry Update

Will all certifications need to be updated or only the certifications that contain interim free-text orders for marijuana in a form for smoking?

Any certification that currently contains an order for marijuana in a form for smoking in the notes section will need to be recreated in the new format no later than July 12, 2019, in order for the patient to continue receiving dispensations for marijuana in a form for smoking.

Existing certifications that do not contain an order for marijuana in a form for smoking will not need to be recreated.

When modifying an existing certification for marijuana in a form for smoking to the updated format, can I enter the original certification start and end date?

Yes, qualified physicians may customize certification start and end dates. To set the certification start date as a date in the past, type the certification start date in the “What day shall your certification and first order start” entry box.

NOTE: To enter a date that has already past, you must type the date into the entry box. To enter a future date, you may type it in or use the drop-down calendar feature. If you set the same certification start date, and same duration of the certification, this will result in the original certification end date.

Will the patient’s previous orders be accessible to view after the update?

Yes. The patient’s previous orders will continue to be available for you to view.

Will physicians have to conduct another full physical exam in order to update a patient’s interim certification to the new certification format?

Florida law requires physicians to reevaluate existing qualified patients at least once every 30 weeks, or 210 days, before issuing a new physician certification. Modifying an existing certification for marijuana in a form for smoking to the updated format (by canceling the prior certification and re-entering it in the updated format) does not change the 30-week reevaluation requirement. When updating the certification be sure to maintain the original certification details: forms of marijuana, routes of administration, certification end date, etc.

Does the “Smoking as an Appropriate Route” form need to be submitted at every certification?

No. The Board of Medicine and Board of Osteopathic Medicine form for determining smoking is an appropriate route of administration must only be submitted once per physician per patient. The form can be found online here: https://flboardofmedicine.gov/forms/statutorily-required-documentation-mm.pdf

Does the “Same Kind or Class” form need to be submitted at the time of certification?

The Board of Medicine and Board of Osteopathic Medicine form for qualifying patients with medical conditions of the same kind or class as or comparable to those enumerated in 381.986(2) (a)-(j) must be submitted to your licensing Board within 14-days of creating each certification.

Will the “Same Kind or Class” form still be required to be mailed in to the Boards, or is submitting it in the Registry sufficient?

Currently, the Board of Medicine and Board of Osteopathic Medicine form for qualifying patients with medical conditions of the same kind or class as or comparable to those enumerated in 381.986(2) (a)-(j) must be mailed as directed on the form.

Will the updated Registry be mobile friendly?

Yes, the Medical Marijuana Use Registry is and will continue to be mobile friendly.

How can qualified marijuana ordering physicians provide recommendations for the Medical Marijuana Use Registry?

The OMMU is committed to providing a safe and reliable medical marijuana program and welcomes suggestions for how we can continue to improve the Medical Marijuana Use Registry. Email recommendations to MedicalMarijuanaUse@FLHealth.gov and include “MMUR Recommendation” in the subject line.


Marijuana Delivery Device

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.

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.

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.


Where may marijuana for medical use by smoking be consumed

Are there restrictions to where smokable 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.


Required written informed consent

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 should a qualified physician 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.

Where may I find the new informed consent form?

The Board of Medicine and Board of Osteopathic Medicine's new informed consent form is available here.


Patients under the age of 18

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.

Where can I find a qualified physician who may order medical marijuana in a form for smoking?

You can use the medical marijuana qualified physician search tool to locate a qualified physician by location and specialty.


Dosage amounts

How much marijuana in a form for smoking may be ordered?

A qualified physician may order up to six 35-day supplies of smokable medical marijuana. A 35-day order may not exceed 2.5 ounces. Patients may only possess up to 4 ounces of medical marijuana in a form for smoking at any given time.


Documentation requirements

Documentation requirements for physicians to submit to the applicable Board when certifying each patient for smoking medical marijuana:

-  A list of other routes of administration, if any, certified by a qualified physician that the patient has tried, the length of time the patient used such routes of administration, and an assessment of the effectiveness of those routes of administration in treating the qualified patient’s qualifying condition.
-  Research documenting the effectiveness of smoking as a route of administration to treat similarly situated patients with the same qualifying condition as the qualified patient.
-  A statement signed by the qualified physician documenting the qualified physician’s opinion that the benefits of smoking marijuana for medical use outweigh the risks for the qualified patient.

Where may this documentation form be found?

The Board of Medicine and Board of Osteopathic Medicine form DH-MQA-5027 can be found here.

Find an MMTC

Licensed Medical Marijuana Treatment Centers that are authorized to dispense medical marijuana in a form for smoking to qualified patients:

 

To view a list of all licensed MMTCs and their dispensing locations, click here

To learn how to become a qualified patient in Florida, view our Patients page.

For more information on medical marijuana, please view our additional FAQs or email us at MedicalMarijuanaUse@flhealth.gov.