Florida Bill Would Add New Conditions and Allow Telehealth Recommendations

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By A.J. Herrington Published February 14th

A Florida lawmaker last week introduced a bill that would add new medical conditions that qualify a patient to use medical cannabis. The legislation, SB 552 from Republican state Sen. Joe Gruters, would also make other amendments to the state’s medical cannabis program, including waiving registration fees for military veterans.

Gruters filed the bill in the state Senate on February 7. If passed by the legislature and signed into law by the governor, the bill would allow individuals with conditions similar to those already recognized to qualify as a medical cannabis patient, even if their specific diagnosis is not on the list of qualifying conditions. The legislation also allows patients to qualify for Florida’s medical cannabis program if they have any “condition for which the patient was prescribed an opioid drug listed as a Schedule II controlled substance,” according to a report from online cannabis news source Marijuana Moment.

The measure would also allow patients from other states to legally purchase medical cannabis from licensed dispensaries while visiting Florida. The legislation requires the state Department of Health to develop procedures for issuing “medical marijuana use registry identification cards” to qualifying individuals. Regulators would be required to issue the cards within one business day of a patient’s request.

The legislation also requires patients to renew their medical cannabis registration every two years instead of annually and reduces the frequency of required patient visits with their recommending physician. Patients who were honorably discharged from the U.S. armed forces would no longer be required to pay registration and renewal fees to maintain their status as medical cannabis patients. The measure also allows doctors to recommend larger amounts of cannabis for their patients who need it.

The bill also allows patients to receive a recommendation to use medical cannabis through a telehealth visit with a doctor rather than an in-person appointment. Under current regulations, patients can renew their registration through a telehealth visit, but initial recommendations must be made in person.

SB 552 also prohibits medical cannabis dispensaries from being located on the same parcel of land as a gas station or other retail establishment that sells motor fuel.

Home Cannabis Cultivation Bill Also Filed

Gruters also recently filed a separate bill to legalize limited home cultivation of medical cannabis by licensed patients. Under SB 546, patients aged 21 and older would be allowed to obtain a certificate from the Florida Department of Agriculture and Consumer Services permitting them to grow up to two cannabis plants at home for personal use.

Under the bill, the department would be required to establish procedures “for the issuance, renewal, suspension, replacement, surrender, and revocation of such certificates, including rules providing for the inspection and registration of each cannabis plant.”

“People want to have the ability to grow it themselves,” Gruters said, according to a report from Florida Politics. “If you have an ID card, why should we not allow that? It’s probably a good idea. We can still make it regulated and limit the amount.”

When applying for permission to grow medical cannabis at home, patients who are renters would be required to submit documentation indicating the property owner has given consent to cultivation on the site.

The legislation requires home cannabis cultivation to take place out of public view and “in an enclosed, locked space to prevent access by unauthorized persons and persons younger than 21 years of age.” 

Both SB 546 and SB 552 are awaiting assignment to a legislative committee for consideration.

Learn more about Florida's qualifying conditions. And sign up for NuggMD's Weekly Sesh newsletter for the latest cannabis news, consumer tips, and recommendations.

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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.

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