Medical Use of Marijuana

HB 719 2026

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A bill to be entitled 1
An act relating to medical use of marijuana; amending 2
s. 381.986, F.S.; authorizing a patient prescribed 3
certain opioid drugs to qualify to receive marijuana 4
or a marijuana delivery device; requiring a qualified 5
physician to conduct an in-person or telehealth 6
examination before issuing or renewing a certification 7
to a patient; requiring a qualified physician to 8
submit certain documentation to the Board of Medicine 9
or the Board of Osteopathic Medicine, as applicable, 10
for patients prescribed certain opioid drugs; revising 11
supply limits a qualified physician may issue and the 12
frequency of patient evaluations required for issuance 13
of a new physician certification; revising penalties; 14
requiring medical marijuana use registry 15
identification cards to be renewed biennially rather 16
than annually; requiring the Department of Health to 17
establish processes and procedures for the issuance 18
and registration of medical marijuana use registry 19
identification cards for certain nonresidents; 20
authorizing visiting qualified patients to engage in 21
in all conduct authorized for a qualified patient; 22
requiring the waiver of certain fees for honorably 23
discharged veterans; providing an effective date. 24
25

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Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Paragraph (k) of subsection (2), paragraphs 28
(a), (b), (f), (g), and (i) of subsection (4), and paragraphs 29
(a) and (d) of subsection (7) of section 381.986, Florida 30
Statutes, are amended to read: 31
381.986 Medical use of marijuana.— 32
(2) QUALIFYING MEDICAL CONDITIONS.—A patient must be 33
diagnosed with at least one of the following conditions to 34
qualify to receive marijuana or a marijuana delivery device: 35
(k) Medical conditions of the same kind or class as or 36
comparable to those enumerated in paragraphs (a)-(j) or for 37
which the patient has been prescribed an opioid drug listed as a 38
Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 39
812. 40
(4) PHYSICIAN CERTIFICATION.— 41
(a) A qualified physician may issue a physician 42
certification only if the qualified physician: 43
1. Conducted an examination of the patient and a full 44
assessment of the medical history of the patient. Before issuing 45
a an initial certification to a patient or renewing a 46
certification, the qualified physician must conduct an in-person 47
physical examination of the patient or an. For certification 48
renewals, a qualified physician who has issued a certification 49
to a patient after conducting an in-person physical examination 50

HB 719 2026

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may conduct subsequent examinations of that patient through 51
telehealth as defined in s. 456.47. For the purposes of this 52
subparagraph, the term "in-person physical examination" means an 53
examination conducted by a qualified physician while the 54
physician is physically present in the same room as the patient. 55
2. Diagnosed the patient with at least one qualifying 56
medical condition. 57
3. Determined that the medical use of marijuana would 58
likely outweigh the potential health risks for the patient, and 59
such determination must be documented in the patient's medical 60
record. If a patient is younger than 18 years of age, a second 61
physician must concur with this determination, and such 62
concurrence must be documented in the patient's medical record. 63
4. Determined whether the patient is pregnant and 64
documented such determination in the patient's medical record. A 65
physician may not issue a physician certification, except for 66
low-THC cannabis, to a patient who is pregnant. 67
5. Reviewed the patient's controlled drug prescription 68
history in the prescription drug monitoring program database 69
established pursuant to s. 893.055. 70
6. Reviews the medical marijuana use registry and 71
confirmed that the patient does not have an active physician 72
certification from another qualified physician. 73
7. Registers as the issuer of the physician certification 74
for the named qualified patient on the medical marijuana use 75

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registry in an electronic manner determined by the department, 76
and: 77
a. Enters into the registry the contents of the physician 78
certification, including the patient's qualifying condition and 79
the dosage not to exceed the daily dose amount determined by the 80
department, the amount and forms of marijuana authorized for the 81
patient, and any types of marijuana delivery devices needed by 82
the patient for the medical use of marijuana. 83
b. Updates the registry within 7 days after any change is 84
made to the original physician certification to reflect such 85
change. 86
c. Deactivates the registration of the qualified patient 87
and the patient's caregiver when the physician no longer 88
recommends the medical use of marijuana for the patient. 89
8. Obtains the voluntary and informed written consent of 90
the patient for medical use of marijuana each time the qualified 91
physician issues a physician certification for the patient, 92
which shall be maintained in the patient's medical record. The 93
patient, or the patient's parent or legal guardian if the 94
patient is a minor, must sign the informed consent acknowledging 95
that the qualified physician has sufficiently explained its 96
content. The qualified physician must use a standardized 97
informed consent form adopted in rule by the Board of Medicine 98
and the Board of Osteopathic Medicine, which must include, at a 99
minimum, information related to: 100

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a. The Federal Government's classification of marijuana as 101
a Schedule I controlled substance. 102
b. The approval and oversight status of marijuana by the 103
Food and Drug Administration. 104
c. The current state of research on the efficacy of 105
marijuana to treat the qualifying conditions set forth in this 106
section. 107
d. The potential for addiction. 108
e. The potential effect that marijuana may have on a 109
patient's coordination, motor skills, and cognition, including a 110
warning against operating heavy machinery, operating a motor 111
vehicle, or engaging in activities that require a person to be 112
alert or respond quickly. 113
f. The potential side effects of marijuana use, including 114
the negative health risks associated with smoking marijuana. 115
g. The risks, benefits, and drug interactions of 116
marijuana. 117
h. That the patient's deidentified health information 118
contained in the physician certification and medical marijuana 119
use registry may be used for research purposes. 120
(b) If a qualified physician issues a physician 121
certification for a qualified patient diagnosed with a 122
qualifying medical condition pursuant to paragraph (2)(k), the 123
physician must submit the following to the applicable board 124
within 14 days after issuing the physician certification: 125

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1. Documentation supporting the qualified physician's 126
opinion that the medical condition is of the same kind or class 127
as the conditions in paragraphs (2)(a)-(j) or documentation that 128
the patient was prescribed an opioid drug listed as a Schedule 129
II controlled substance in s. 893.03 or 21 U.S.C. s. 812 for 130
such condition. 131
2. Documentation that establishes the efficacy of 132
marijuana as treatment for the condition. 133
3. Documentation supporting the qualified physician's 134
opinion that the benefits of medical use of marijuana would 135
likely outweigh the potential health risks for the patient. 136
4. Any other documentation as required by board rule. 137
138
The department must submit such documentation to the Consortium 139
for Medical Marijuana Clinical Outcomes Research established 140
pursuant to s. 1004.4351. 141
(f) A qualified physician may not issue a physician 142
certification for more than ten three 70-day supply limits of 143
marijuana or more than 20 six 35-day supply limits of marijuana 144
in a form for smoking. The department shall quantify by rule a 145
daily dose amount with equivalent dose amounts for each 146
allowable form of marijuana dispensed by a medical marijuana 147
treatment center. The department shall use the daily dose amount 148
to calculate a 70-day supply. 149
1. A qualified physician may request an exception to the 150

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daily dose amount limit, the 35-day supply limit of marijuana in 151
a form for smoking, and the 4-ounce possession limit of 152
marijuana in a form for smoking established in paragraph 153
(14)(a). The request shall be made electronically on a form 154
adopted by the department in rule and must include, at a 155
minimum: 156
a. The qualified patient's qualifying medical condition. 157
b. The dosage and route of administration that was 158
insufficient to provide relief to the qualified patient. 159
c. A description of how the patient will benefit from an 160
increased amount. 161
d. The minimum daily dose amount of marijuana that would 162
be sufficient for the treatment of the qualified patient's 163
qualifying medical condition. 164
2. A qualified physician must provide the qualified 165
patient's records upon the request of the department. 166
3. The department shall approve or disapprove the request 167
within 14 days after receipt of the complete documentation 168
required by this paragraph. The request shall be deemed approved 169
if the department fails to act within this time period. 170
(g) A qualified physician must evaluate an existing 171
qualified patient at least once every 104 30 weeks before 172
issuing a new physician certification. A qualified physician who 173
has issued a certification to the patient after conducting an 174
in-person physical examination as defined in subparagraph (a)1. 175

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may conduct the evaluation through telehealth as defined in s. 176
456.47. A physician must: 177
1. Determine if the patient still meets the requirements 178
to be issued a physician certification under paragraph (a). 179
2. Identify and document in the qualified patient's 180
medical records whether the qualified patient experienced either 181
of the following related to the medical use of marijuana: 182
a. An adverse drug interaction with any prescription or 183
nonprescription medication; or 184
b. A reduction in the use of, or dependence on, other 185
types of controlled substances as defined in s. 893.02. 186
3. Submit a report with the findings required pursuant to 187
subparagraph 2. to the department. The department shall submit 188
such reports to the Consortium for Medical Marijuana Clinical 189
Outcomes Research established pursuant to s. 1004.4351. 190
(i) The department shall monitor physician registration in 191
the medical marijuana use registry and the issuance of physician 192
certifications for practices that could facilitate unlawful 193
diversion or misuse of marijuana or a marijuana delivery device 194
and shall take disciplinary action as appropriate. The 195
department may suspend the registration of a qualified physician 196
in the medical marijuana use registry for a period of up to 2 197
years if the qualified physician: 198
1. fails to comply with this section; or 199
2. Provides, advertises, or markets telehealth services 200

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before July 1, 2023. 201
(7) IDENTIFICATION CARDS.— 202
(a) The department shall issue medical marijuana use 203
registry identification cards for qualified patients and 204
caregivers who are residents of this state, which must be 205
renewed biennially annually. The department shall establish 206
processes and procedures for issuing medical marijuana use 207
registry identification cards to, and registering as visiting 208
qualified patients, nonresidents who are actively enrolled in 209
the medical cannabis program of another jurisdiction recognized 210
by the department within 1 business day. A visiting qualified 211
patient may engage in all conduct authorized for a qualified 212
patient. The identification cards must be resistant to 213
counterfeiting and tampering and must include, at a minimum, the 214
following: 215
1. The name, address, and date of birth of the qualified 216
patient or caregiver. 217
2. A full-face, passport-type, color photograph of the 218
qualified patient or caregiver taken within the 90 days 219
immediately preceding registration or the Florida driver license 220
or Florida identification card photograph of the qualified 221
patient or caregiver obtained directly from the Department of 222
Highway Safety and Motor Vehicles. 223
3. Identification as a qualified patient or a caregiver. 224
4. The unique numeric identifier used for the qualified 225

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patient in the medical marijuana use registry. 226
5. For a caregiver, the name and unique numeric identifier 227
of the caregiver and the qualified patient or patients that the 228
caregiver is assisting. 229
6. The expiration date of the identification card. 230
(d) Applications for identification cards must be 231
submitted on a form prescribed by the department. The department 232
may charge a reasonable fee associated with the issuance, 233
replacement, and renewal of identification cards. However, all 234
such fees shall be waived for any veteran who was honorably 235
discharged from the United States Armed Forces. The department 236
shall allocate $10 of the identification card fee to the 237
Division of Research at Florida Agricultural and Mechanical 238
University for the purpose of educating minorities about 239
marijuana for medical use and the impact of the unlawful use of 240
marijuana on minority communities. The department shall contract 241
with a third-party vendor to issue identification cards. The 242
vendor selected by the department must have experience 243
performing similar functions for other state agencies. 244
Section 2. This act shall take effect July 1, 2026. 245