Florida Senate - 2022                                     SB 162
       By Senator Brandes
       24-00028-22                                            2022162__
    1                        A bill to be entitled                      
    2         An act relating to physician certifications for the
    3         medical use of marijuana; amending s. 381.986, F.S.;
    4         increasing the number of supply limits of marijuana a
    5         qualified physician may issue in a single physician
    6         certification for the medical use of marijuana;
    7         providing a higher supply limit for certain disabled
    8         qualified patients; revising the frequency with which
    9         qualified physicians must evaluate existing qualified
   10         patients for a physician certification for the medical
   11         use of marijuana; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraphs (f) and (g) of subsection (4) of
   16  section 381.986, Florida Statutes, are amended to read:
   17         381.986 Medical use of marijuana.—
   19         (f) A qualified physician may not issue a physician
   20  certification for more than five three 70-day supply limits of
   21  marijuana or more than ten six 35-day supply limits of marijuana
   22  in a form for smoking. If the qualified patient is a service
   23  disabled veteran as defined in s. 295.187(3) or a totally and
   24  permanently disabled person as defined in s. 196.012(11), a
   25  qualified physician may not issue a physician certification for
   26  more than ten 70-day supply limits of marijuana or more than
   27  twenty 35-day supply limits of marijuana in a form for smoking.
   28  The department shall quantify by rule a daily dose amount with
   29  equivalent dose amounts for each allowable form of marijuana
   30  dispensed by a medical marijuana treatment center. The
   31  department shall use the daily dose amount to calculate a 70-day
   32  supply.
   33         1. A qualified physician may request an exception to the
   34  daily dose amount limit, the 35-day supply limit of marijuana in
   35  a form for smoking, and the 4-ounce possession limit of
   36  marijuana in a form for smoking established in paragraph
   37  (14)(a). The request shall be made electronically on a form
   38  adopted by the department in rule and must include, at a
   39  minimum:
   40         a. The qualified patient’s qualifying medical condition.
   41         b. The dosage and route of administration that was
   42  insufficient to provide relief to the qualified patient.
   43         c. A description of how the patient will benefit from an
   44  increased amount.
   45         d. The minimum daily dose amount of marijuana that would be
   46  sufficient for the treatment of the qualified patient’s
   47  qualifying medical condition.
   48         2. A qualified physician must provide the qualified
   49  patient’s records upon the request of the department.
   50         3. The department shall approve or disapprove the request
   51  within 14 days after receipt of the complete documentation
   52  required by this paragraph. The request shall be deemed approved
   53  if the department fails to act within this time period.
   54         (g) A qualified physician must evaluate an existing
   55  qualified patient at least once every 52 30 weeks, or at least
   56  once every 104 weeks if the qualified patient is a service
   57  disabled veteran as defined in s. 295.187(3) or a totally and
   58  permanently disabled person as defined in s. 196.012(11), before
   59  issuing a new physician certification. A physician must:
   60         1. Determine if the patient still meets the requirements to
   61  be issued a physician certification under paragraph (a).
   62         2. Identify and document in the qualified patient’s medical
   63  records whether the qualified patient experienced either of the
   64  following related to the medical use of marijuana:
   65         a. An adverse drug interaction with any prescription or
   66  nonprescription medication; or
   67         b. A reduction in the use of, or dependence on, other types
   68  of controlled substances as defined in s. 893.02.
   69         3. Submit a report with the findings required pursuant to
   70  subparagraph 2. to the department. The department shall submit
   71  such reports to the Consortium for Medical Marijuana Clinical
   72  Outcomes Research established pursuant to s. 1004.4351.
   73         Section 2. This act shall take effect July 1, 2022.