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.

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

When may marijuana for medical use in a form for smoking start to be ordered?

An order for marijuana for medical use in a form for smoking may be ordered following the Governor signing CS/CS/CS/SB 182 (2019) into law.

When will marijuana for medical use in a form for smoking become available to patients?

Marijuana for medical use in a form for smoking will be available from the Medical Marijuana Treatment Centers once the Office of Medical Marijuana Use approves a variance that they may request to dispense marijuana in a form for smoking.

 

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.

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.

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 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 might a patient expect a qualified physician may 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 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.

 

Dosage amounts

How much marijuana for medical use by smoking may be ordered?

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

Until the registry is updated to include medical marijuana in a form for smoking as a route of administration, how will a qualified physician create an order for smokable medical marijuana?

Please view our instructional guide for qualified physicians on how to order medical marijuana in a form for smoking.

For assistance amending an existing certification to include smoking, or creating a new certification, qualified physicians may call: 850-245-4657 and choose Option 2.

 

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 documentation forms be found?

Documentation forms 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.