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New Rules for Florida’s New Medical Marijuana Law

On June 9, 2017, during a special session, the Florida Legislature just passed regulations regarding the Florida Medical Marijuana amendment that was passed by voters in 2016 and it is on its way to the Governor for signature. Governor Rick Scott is expected to sign both bills into law and the new laws will become effective immediately upon his signature.

The bills passed by the Florida Legislature include SB 8A and SB 6A. These bills are the implementation of Article X, section 29 of the Florida Constitution.

Here are a few key components of Florida’s Medical Marijuana law.

It covers very specific Medical Conditions that include:

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • PTSD
  • ALS
  • Crohn’s Disease
  • Parkinson’s Disease
  • Multiple Sclerosis
  • OR A condition of the “same kind or class” (though the precise meaning of this phrase is not further defined)
  • Patients may also qualify if they have chronic pain related to a qualifying condition or are terminally ill

In order to receive a physician recommendation for medical marijuana, a patient must be certified by a licensed Florida physician as having at least one of the above qualifying conditions.

For a physician to recommend medical marijuana (it cannot be prescribed at this time as it is not considered medicine federally), a physician must diagnose a patient with a qualifying condition and conclude the medical use of marijuana would likely outweigh the potential health risks to the patient. The physician also must be face to face (in the same room as the patient) when conducting the examination.  This means no phone or virtual diagnosis or examinations. For more information on how this may affect you as an employer and how it should be addressed in your policy, contact National Drug Screening.