Medical Use of Marijuana
in a Form For Smoking

Frequently Asked Questions

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

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.

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

An object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

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.

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

Yes.

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.

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.

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 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.

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.

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.

 

  1. A qualified physician must certify that smoking is the most effective route of administration for medical marijuana to the patient;
  2. A second physician, who is a board-certified pediatrician, must concur with the determination; AND
  3. Such a determination and concurrence is recorded in the patient’s medical record and in the medical marijuana use registry.

 

 

Dosage amounts

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.