New Florida Marijuana Laws Coming| 0
Amendment 2 makes clear that the Florida Department of Health must promulgate “reasonable regulations necessary for the implementation and enforcement” of the new Florida marijuana law to ensure the availability and safe use of medical marijuana by “qualifying patients.” More specifically, Amendment 2 requires that the following regulations be adopted no later than six (6) months after the effective date of the new Florida marijuana law:
- Procedures for issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department [of Health] must receive written consent from the minor’s parent or legal guardian, in addition to the physician certification.
- Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for issuance and annual renewal of caregiver identification cards.
- Procedures for registration of MMTCs to include issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety.
- A regulation defining the amount of marijuana reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient’s appropriate medical use.
Scope And Practice Of Florida Marijuana Law Still To Be Determined
As you can see, although the Florida marijuana amendment is expected to pass and although it defines who can legally use and sell medical marijuana in Florida thereafter, the exact parameters of Florida marijuana laws and regulations will not be known entirely until the Florida Department of Health issues the required regulations to implement the new law. It is also expected that the Florida legislature will enact enabling legislation implementing the new law as well. This means that the state of Florida marijuana laws will be in flux for sometime, but at least medical marijuana is coming to Florida.