Florida Senate - 2026 SB 1032
By Senator Calatayud
38-00755A-26 20261032__
1 A bill to be entitled
2 An act relating to medical marijuana; amending s.
3 381.986, F.S.; increasing the number of supply limits
4 of marijuana which a qualified physician may issue in
5 a single physician certification for the medical use
6 of marijuana; revising the frequency with which
7 qualified physicians must evaluate existing qualified
8 patients for a physician certification for the medical
9 use of marijuana; revising the frequency with which
10 qualified patient and caregiver identification cards
11 must be renewed, from annually to biennially;
12 requiring the Department of Health to waive all fees
13 associated with identification cards for certain
14 veterans of the United States Armed Forces; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraphs (f) and (g) of subsection (4) and
20 paragraphs (a) and (d) of subsection (7) of section 381.986,
21 Florida Statutes, are amended to read:
22 381.986 Medical use of marijuana.—
23 (4) PHYSICIAN CERTIFICATION.—
24 (f) A qualified physician may not issue a physician
25 certification for more than ten three 70-day supply limits of
26 marijuana or more than twenty six 35-day supply limits of
27 marijuana in a form for smoking. The department shall quantify
28 by rule a daily dose amount with equivalent dose amounts for
29 each allowable form of marijuana dispensed by a medical
30 marijuana treatment center. The department shall use the daily
31 dose amount to calculate a 70-day supply.
32 1. A qualified physician may request an exception to the
33 daily dose amount limit, the 35-day supply limit of marijuana in
34 a form for smoking, and the 4-ounce possession limit of
35 marijuana in a form for smoking established in paragraph
36 (14)(a). The request must shall be made electronically on a form
37 adopted by the department in rule and must include, at a
38 minimum:
39 a. The qualified patient’s qualifying medical condition.
40 b. The dosage and route of administration that was
41 insufficient to provide relief to the qualified patient.
42 c. A description of how the patient will benefit from an
43 increased amount.
44 d. The minimum daily dose amount of marijuana that would be
45 sufficient for the treatment of the qualified patient’s
46 qualifying medical condition.
47 2. A qualified physician must provide the qualified
48 patient’s records upon the request of the department.
49 3. The department shall approve or disapprove the request
50 within 14 days after receipt of the complete documentation
51 required by this paragraph. The request is shall be deemed
52 approved if the department fails to act within this time period.
53 (g) A qualified physician must evaluate an existing
54 qualified patient at least once every 104 30 weeks before
55 issuing a new physician certification. A qualified physician who
56 has issued a certification to the patient after conducting an
57 in-person physical examination as defined in subparagraph (a)1.
58 may conduct the evaluation through telehealth as defined in s.
59 456.47. A physician must:
60 1. Determine whether if the patient still meets the
61 requirements to be issued a physician certification under
62 paragraph (a).
63 2. Identify and document in the qualified patient’s medical
64 records whether the qualified patient experienced either of the
65 following related to the medical use of marijuana:
66 a. An adverse drug interaction with any prescription or
67 nonprescription medication; or
68 b. A reduction in the use of, or dependence on, other types
69 of controlled substances as defined in s. 893.02.
70 3. Submit a report with the findings required pursuant to
71 subparagraph 2. to the department. The department shall submit
72 such reports to the Consortium for Medical Marijuana Clinical
73 Outcomes Research established pursuant to s. 1004.4351.
74 (7) IDENTIFICATION CARDS.—
75 (a) The department shall issue medical marijuana use
76 registry identification cards for qualified patients and
77 caregivers who are residents of this state, which must be
78 renewed biennially annually. The identification cards must be
79 resistant to counterfeiting and tampering and must include, at a
80 minimum, the following:
81 1. The name, address, and date of birth of the qualified
82 patient or caregiver.
83 2. A full-face, passport-type, color photograph of the
84 qualified patient or caregiver taken within the 90 days
85 immediately preceding registration or the Florida driver license
86 or Florida identification card photograph of the qualified
87 patient or caregiver obtained directly from the Department of
88 Highway Safety and Motor Vehicles.
89 3. Identification as a qualified patient or a caregiver.
90 4. The unique numeric identifier used for the qualified
91 patient in the medical marijuana use registry.
92 5. For a caregiver, the name and unique numeric identifier
93 of the caregiver and the qualified patient or patients that the
94 caregiver is assisting.
95 6. The expiration date of the identification card.
96 (d) Applications for identification cards must be submitted
97 on a form prescribed by the department. The department may
98 charge a reasonable fee associated with the issuance,
99 replacement, and renewal of identification cards. However, the
100 department shall waive all such fees for any veteran who was
101 honorably discharged from the United States Armed Forces. The
102 department shall allocate $10 of the identification card fee to
103 the Division of Research at Florida Agricultural and Mechanical
104 University for the purpose of educating minorities about
105 marijuana for medical use and the impact of the unlawful use of
106 marijuana on minority communities. The department shall contract
107 with a third-party vendor to issue identification cards. The
108 vendor selected by the department must have experience
109 performing similar functions for other state agencies.
110 Section 2. This act shall take effect July 1, 2026.