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.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
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.—
18 (4) PHYSICIAN CERTIFICATION.—
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.