Florida Senate - 2022 SB 162 By Senator Brandes 24-00028-22 2022162__ 1 A bill to be entitled 2 An act relating to physician certifications for the 3 medical use of marijuana; amending s. 381.986, F.S.; 4 increasing the number of supply limits of marijuana a 5 qualified physician may issue in a single physician 6 certification for the medical use of marijuana; 7 providing a higher supply limit for certain disabled 8 qualified patients; revising the frequency with which 9 qualified physicians must evaluate existing qualified 10 patients for a physician certification for the medical 11 use of marijuana; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraphs (f) and (g) of subsection (4) of 16 section 381.986, Florida Statutes, are amended to read: 17 381.986 Medical use of marijuana.— 18 (4) PHYSICIAN CERTIFICATION.— 19 (f) A qualified physician may not issue a physician 20 certification for more than five
three70-day supply limits of 21 marijuana or more than ten six35-day supply limits of marijuana 22 in a form for smoking. If the qualified patient is a service 23 disabled veteran as defined in s. 295.187(3) or a totally and 24 permanently disabled person as defined in s. 196.012(11), a 25 qualified physician may not issue a physician certification for 26 more than ten 70-day supply limits of marijuana or more than 27 twenty 35-day supply limits of marijuana in a form for smoking. 28 The department shall quantify by rule a daily dose amount with 29 equivalent dose amounts for each allowable form of marijuana 30 dispensed by a medical marijuana treatment center. The 31 department shall use the daily dose amount to calculate a 70-day 32 supply. 33 1. A qualified physician may request an exception to the 34 daily dose amount limit, the 35-day supply limit of marijuana in 35 a form for smoking, and the 4-ounce possession limit of 36 marijuana in a form for smoking established in paragraph 37 (14)(a). The request shall be made electronically on a form 38 adopted by the department in rule and must include, at a 39 minimum: 40 a. The qualified patient’s qualifying medical condition. 41 b. The dosage and route of administration that was 42 insufficient to provide relief to the qualified patient. 43 c. A description of how the patient will benefit from an 44 increased amount. 45 d. The minimum daily dose amount of marijuana that would be 46 sufficient for the treatment of the qualified patient’s 47 qualifying medical condition. 48 2. A qualified physician must provide the qualified 49 patient’s records upon the request of the department. 50 3. The department shall approve or disapprove the request 51 within 14 days after receipt of the complete documentation 52 required by this paragraph. The request shall be deemed approved 53 if the department fails to act within this time period. 54 (g) A qualified physician must evaluate an existing 55 qualified patient at least once every 52 30weeks, or at least 56 once every 104 weeks if the qualified patient is a service 57 disabled veteran as defined in s. 295.187(3) or a totally and 58 permanently disabled person as defined in s. 196.012(11), before 59 issuing a new physician certification. A physician must: 60 1. Determine if the patient still meets the requirements to 61 be issued a physician certification under paragraph (a). 62 2. Identify and document in the qualified patient’s medical 63 records whether the qualified patient experienced either of the 64 following related to the medical use of marijuana: 65 a. An adverse drug interaction with any prescription or 66 nonprescription medication; or 67 b. A reduction in the use of, or dependence on, other types 68 of controlled substances as defined in s. 893.02. 69 3. Submit a report with the findings required pursuant to 70 subparagraph 2. to the department. The department shall submit 71 such reports to the Consortium for Medical Marijuana Clinical 72 Outcomes Research established pursuant to s. 1004.4351. 73 Section 2. This act shall take effect July 1, 2022.