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 adds additional requirements for qualified ordering physicians when ordering smoking as a route of administration.

All other physician certification requirements under s. 381.986(4), F.S., remain in place and qualified physicians must continue to comply with both those requirements and the applicable standard of care.

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 only 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. Medical Marijuana Treatment Centers must request and be granted approval for smokable product prior to dispensing.

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 Centers and can be purchased anywhere. This only applies to devices used 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 Centers.

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 written informed consent

Each qualified patient, or the patient’s parent or legal guardian if they are a minor, must give and sign a written informed consent before being certified to receive medical marijuana in a form for smoking that 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 acknowledgment from the patient that the qualified physician has sufficiently explained the content of the informed consent.

Obtain informed consent from the qualified patient specifically relating to the negative health effects associated with smoking marijuana, and obtain an acknowledgement from the patient that the qualified physician has sufficiently explained the content of the informed consent. Physicians may want to amend their current informed consent form to include the negative health effects of smoking marijuana until the Board of Medicine and Board of Osteopathic Medicine adopt the amendments to the informed consent form required by s. 381.986, F.S.

The Board of Medicine, Board of Osteopathic Medicine, and the Joint Committee on Medical Marijuana will be meeting in April 2019 to begin the approval process for the new informed consent forms.

Found on the Forms Page.

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

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.

Example certification to be entered as an order note:

"This patient is certified for the medical use of marijuana in a form for smoking. Each certification for smoking may not exceed 35 days. A 35-day supply of marijuana in a form for smoking may not exceed 2.5 ounces. Certification start date: MM/DD/YYYY Certification end date: MM/DD/YYYY"

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.

Documentation requirements

 

  1. 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 effectives of those routes of administration in treating the qualified patient’s qualifying condition.
  2. 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.
  3. 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.

 

Documentation forms can be found here

Evaluation of an existing qualified patient

At least once every 30 weeks.

 

  • Determine if the patient still meets the requirements to be issued a physician certification; and
  • Identify and document in the qualified patient’s medical records whether there either of the following have been experienced:
    1. An adverse drug interaction with any prescription or nonprescription medication; or
    2. A reduction in the use of, or dependence on, other types of controlled substances.