With the passage of Amendment 2 in the state of Florida, a number of questions have come up regarding the use of medical marijuana. Prior to the election, Florida law does allow for the use of certain marijuana products for a limited number of conditions. Florida Statute 381.986 defines the use and requirements for medical marijuana. This article will outline some of those requirements and summarize aspects of the law and how it relates to medical practice. The discussion for and against the use of medical marijuana would require a more in depth analysis for another time.
The state defines medical cannabis or low-THC cannabis as containing less than 0.8% tetrahydrocannabinol (THC) with greater than 10% cannabidiol (CBD). THC is the psychoactive component that confers the feeling known as a “high” while the CBD component tends to act more systemically on muscles for spasm. That being said, patients must have a qualifying medical condition to be eligible to receive medical cannabis. A patient either has a terminal medical condition, which requires two intendent physicians to agree to this diagnosis, and has exhausted standard medical therapy or a patient has cancer, chronic seizures or intractable muscle spasm.
The patient must be treated by a qualified physician for three months prior to the recommendation for low THC cannabis and must be registered on the state’s compassionate use registry. Only a 45 day supply can be dispensed and the patient must have an evaluation at a minimum of three month intervals, which is then reported to the University of Florida’s College of Pharmacy to monitor the treatment. More information can be found at the State of Florida website for the Office of Compassionate use. http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/ It I still illegal to grow marijuana for personal use and it cannot be smoked. It can only be used with a delivery device such as a vaporizer.
In summary, Florida does allow for some forms of medical cannabis with very specific stipulations. The patient should not expect to walk into a physician’s office and obtain a prescription for medical cannabis on the first visit. The state does require establishing a relationship for at least 3 months with a qualified physician prior to the prescription for medical cannabis. It is also still illegal on a federal level and it is currently unclear how this will affect patients who use medical cannabis in Florida Finally, Amendment 2 expands the number of qualified conditions for the use of medical cannabis but it will not become active until 2017 and the state will still need to clarify the rules and procedures. A list of qualified physician can be found on the state website and patients should have informed decisions regarding this issue.