Proposed Florida Marijuana Card Regulations Have Been Issued| 1
Florida Marijuana Card Regulations
Florida medical marijuana legalization is in full swing! The Florida Department of Health has just issued proposed regulations outlining the requirement and procedures for obtaining a Florida medical marijuana card. Note that these draft Florida marijuana card rules at 64-4.011 will likely be updated and revised as the laws surrounding the new Florida medical marijuana amendment get proposed and passed by the Florida legislature. This means that these proposed regulations and Florida marijuana laws on who can, and how to, get a Florida marijuana card are likely to change significantly in the coming months. But, in the meantime, we thought it important for our readers to be able to read them and get a sense of what the requirements are likely to be. The draft rules do include a $75 application fee.
Text of the Proposed Rule on Florida Marijuana Cards
THE FULL TEXT OF THE PROPOSED RULE IS:
64-4.011 Compassionate Use Registry Identification Cards.
(1) All patients and legal representatives are required to have a valid Compassionate Use Registry identification card to obtain medical cannabis.
(2) To apply for a patient Compassionate Use Registry identification card, a person must:
(a) Be a Florida resident, as evidenced by a valid Florida driver’s license or identification card; a current utility bill in the person’s name including a Florida address; a current Florida voter registration card; or for minors, a certified copy of birth certificate or current record of registration from a Florida school (K-12), and proof of residency of designated legal representative,
(b) Be a qualified patient who has been added to the Compassionate Use Registry, by an authorized physician licensed under Chapter 458 or Chapter 459, to receive low-THC cannabis or medical cannabis from a dispensing organization,
(c) Submit DH8009-OCU-10/2016, “Qualified Patient Application,” and DH8011-OCU-10/2016, “Physician Certification,” which are incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#### and http://www.flrules.org/Gateway/reference.asp?No=Ref-####.
(3) To apply for a legal representative Compassionate Use Registry identification card, a person must submit DH8010-OCU-10/2016, “Legal Representative Application,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-####.
(4) In order for a minor applicant to receive a patient Compassionate Use Registry identification card, the minor applicant must reside in Florida and have a legal representative designated in his or her application and in the online Compassionate Use Registry.
(5) Each applicant shall pay a $75.00 non-refundable application fee in the form of a check or money order payable to the Department of Health. The card shall expire one (1) year after the date of the physician’s initial order.
(6) An applicant shall have sixty (60) days from the date the department provides notice that the application is incomplete to make corrections, provide additional information or resubmit the application.
(7) If there is no initial order by the patient’s authorized physician at the time of the approval of the applicant’s Compassionate Use Registry identification card, the Department will provide a temporary verification which may be used, with a photo ID, to obtain medical cannabis for a period of 30 days or until the applicant receives the permanent identification card, whichever occurs first.
(8) To maintain an active Compassionate Use Registry identification card, a patient and/or legal representative must annually submit DH8009-OCU-10/2016 and/or DH8010-OCU-10/2016, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date.
(9) When there has been a change in the patient’s name, address, or assigned legal representative, that patient must notify the department within ten (10) days by submitting a completed Change, Replacement or Surrender Request, DH8012-OCU-10/2016, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-####. A patient who has not designated a legal representative at the time of application to the department may do so in writing at any time during the effective period of the patient’s registry identification card.
(10) A patient who no longer has a qualifying medical condition shall return his or her registry identification card to the department within ten (10) days of receiving such information by his or her physician along with a completed Change, Replacement or Surrender Request, DH8012-OCU-10/2016.
(11) Requests to replace a lost or stolen card will require the applicant to submit a Change, Replacement or Surrender Request, DH8012-OCU-10/2016, along with a copy of his or her Florida ID and a $15 replacement fee.
(12) The department may revoke a Compassionate Use Registry identification card for any of the following, but not limited to:
(a) The patient or legal representative makes material misrepresentations in his or her application;
(b) The patient uses his or her card to obtain cannabis for another individual;
(c) The legal representative uses his or her card to obtain cannabis for an individual who has not designated them as their legal representative or who is not a qualified patient
(d) The patient or legal representative purchases, obtains, possesses, or uses cannabis not sold by an approved dispensing organization; or
(e) The patient is no longer a qualified patient.
Rulemaking Authority 381.986(7)(j) FS. Law Implemented 381.986(7)(f) FS. History–New_________.
You can check out the actual proposed rule (as published in the Florida Administrative Code) and also check for updates here.
Florida Marijuana Doctors and Florida Medical Marijuana Dispensaries
To search for an approved Florida marijuana doctor or licensed Florida cannabis dispensary in your area, go to our sister site here.
Florida Marijuana Card Updates
We will provide updates as the new Florida marijuana rules are changed and updated. You can also go to the Florida Department of Health’s website on Florida marijuana legalization (via its Office of Compassionate Use) here.