The current laws in Florida are very simple, and very limited.
Florida Cannabis Laws, Low-THC and Right to Try Act
What is available now?
Low-THC Cannabis: .03% THC and 10% or greater cannabidiol.What is it available for: Cancer or a Physical medical condition that chronically produces symptoms of seizures or Severe and persistent muscle spasms.
Only Can Order To?
Alleviate symptoms of such disease, disorder, or condition, if no other satisfactory alternative treatment options exist for the qualified patient.
What is available under the Right to Try ACT?
Medical Cannabis under the Right to Try Act.Medical Cannabis is Different than Low-THC Cannabis.Medical Cannabis: means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin.Must Only be dispensed from a dispensing organization for medical use by an eligible patient as defined in s. 499.0295.
Who is Eligible?
A Person Who:Has a terminal condition: That is attested to by the patient’s physician; and Confirmed by a second independent evaluation by a board-certified physician in an appropriate specialty for that condition; and Has considered all other treatment options for the terminal condition currently approved by the United States Food and Drug Administration; Has given written informed consent for the use of an investigational drug, biological product, or device; and Has documentation from his or her treating physician that the patient meets the requirements of this paragraph.
For the Doctors
CME Courses: Found Online
There is currently the required Low-THC course, with updates about current Florida Law, available from the FMA website. An updated course regarding full THC, recommending under the Right to Try Act was scheduled to be available mid-August but is not yet available.The most important aspect for doctors in recommending under Florida’s program is compliance. The laws will continue to evolve and your practice must conform to meet those requirements.
What’s Next, Amendment 2 and Why We need It now.
Amendment 2 has passed, we are on our way to relief for our patients. It is not ready yet, and goes into effect January 3rd, 2017, but will take the next six to nine months to be able to get a patient card and get cannabis legally. If the cards are not being issued in nine months, a doctor certification will suffice and your possession or use of cannabis will be legal. The legislature will most likely file implementing legislation during the next session, and the department will issue rules for registration and licensing of Medical Marijuana Treatment Centers. A Medical Marijuana Treatment Center includes an entity that acquires, cultivates, possesses, processes, (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or caregivers and is registered by the department. This clearly means cannabis will be available in all forms to our patients.The passage of Amendment 2 by 71%, was amazing, exciting and finally a step in the right direction. The people of Florida have spoken loud and clear and we will soon have cannabis available to all our patients that want it as a first option not a last option. The conditions included under Amendment 2 include cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.The interpretation of this issue of what is “a debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient” is open to broad interpretation. What is a debilitating condition? One that effects a patient’s quality of life, ability to function on a daily basis? This issue should and will be between a doctor and physician under Amendment 2.