Overview of Floridas Low-THC Medical Marijuana Law

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    18-Sep-2015

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Overview of Floridas low-THC medical marijuana law

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  • An Overview of Floridas Low-THC Medical Marijuana Law

    The Florida Legislature passed, and Gov. Rick Scott signed, a bill that will exempt a limited class of individuals with certain medical disorders and their legal representatives from criminal penalties for using and possessing low-THC cannabis that was ordered for the patients by their physicians. The new law1 will authorize five organizations to grow and dispense the low-THC marijuana and places heavy burdens on physicians, arguably forcing them to violate federal law in order to recommend low-THC marijuana. Because the law only applies to a very specific type of marijuana and because the bill depends on physicians violating federal law, MPP does not consider Florida a medical marijuana state. What type of marijuana does the law apply to? The law protects certain patients from penalties for using low-THC cannabis, which is defined as containing 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol. Who qualifies for this limited program? Patients with cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms may qualify for the program if no other satisfactory alternative treatment options exist. Can minors with seizure disorders use low-THC medical marijuana under this law? Yes. Do qualifying patients need to obtain an ID card? No, there is not an ID card requirement. However, in order to be protected from criminal laws, a qualifying patient must be added to the compassionate use registry maintained by the Department of Health. The physician must be the individual who then orders the low-THC marijuana from one of the five registered manufacturers for the patient. Doing so would violate federal law. Because physicians need a federal DEA license to prescribe medicines, they are very unlikely to openly break federal law, meaning the law is almost surely unworkable. Are there restrictions on who will manufacture the low-THC cannabis? The new law requires the Department of Health to authorize the establishment of five organizations that will cultivate and dispense the low-THC cannabis for and to qualified patients. The five organizations are required to be geographically dispersed, with one each in northwest Florida, northeast Florida, central Florida, southeast Florida, and southwest Florida. Among other onerous requirements, only entities that have been in operation as a registered nursery in Florida for at least 30 continuous years will be allowed to apply for a low-THC cultivation license.

  • Can qualified patients grow their own non-psychoactive strains of marijuana for purposes of obtaining cannabidiol? No. The law only allows the five licensed cultivators to grow low-THC marijuana. Are there special requirements placed on Florida physicians by this law? Yes, the law requires a physician to complete and pass an eight-hour class and subsequent exam on the medical applications of low-THC marijuana before he or she is allowed to register a patient to be part of the program. The law requires that the low-THC marijuana course and test be administered by the Florida Medical Association. When did this law take effect? The law became effective when Gov. Scott signed the bill on June 16, 2014. 1 Available online at: https://www.flsenate.gov/Session/Bill/2014/1030/BillText/er/HTML

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