Senate Bill 552 (2025) — Medical marijuana

SB 552

Florida Bills

Florida Senate - 2025 SB 552 By Senator Gruters 22-00413A-25 2025552__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to medical marijuana; amending s. 2 381.986, F.S.; specifying additional medical 3 conditions that qualify an individual to receive 4 medical marijuana and medical marijuana delivery 5 devices; authorizing qualified physicians to use 6 telehealth to perform the initial certification 7 examination of patients for the medical use of 8 marijuana; conforming provisions related to 9 documentation a qualified physician is required to 10 submit to the Board of Medicine or Board of 11 Osteopathic Medicine, as applicable, to conform to 12 changes made by the act; increasing the number of 13 supply limits of marijuana a qualified physician may 14 issue in a single physician certification for the 15 medical use of marijuana; revising the frequency with 16 which qualified physicians must evaluate existing 17 qualified patients for a physician certification for 18 the medical use of marijuana; conforming provisions to 19 changes made by the act; deleting obsolete language; 20 revising the frequency with which qualified patient 21 and caregiver identification cards must be renewed, 22 from annually to biennially; requiring the Department 23 of Health to establish procedures and processes for 24 certain nonresidents to register as visiting qualified 25 patients and be issued identification cards within a 26 specified timeframe; providing that a visiting 27 qualified patient may engage in all conduct authorized 28 for qualified patients in this state; requiring the 29

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. department to waive all fees associated with 30 identification cards for certain veterans of the 31 United States Armed Forces; prohibiting medical 32 marijuana treatment center dispensing facilities from 33 being located on the same parcel of land as retail 34 outlets; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38

Section 1. Present paragraph (

d) of subsection (11) of 39

section 381.986, Florida Statutes, is redesignated as paragraph 40 (e), a new paragraph (

d) is added to that subsection, and 41 paragraph (

k) of subsection (2), paragraphs (a), (b), (f), (g), 42 and (

i) of subsection (4), and paragraphs (

a) and (

d) of 43 subsection (7) of that

section are amended, to read: 44 381.986 Medical use of marijuana.— 45

(2) QUALIFYING MEDICAL CONDITIONS.—A patient must be 46 diagnosed with at least one of the following conditions to 47 qualify to receive marijuana or a marijuana delivery device: 48 (

k) Medical conditions of the same kind or class as or 49 comparable to those enumerated in paragraphs (a)-(

j) or medical 50 conditions for which the patient has been prescribed an opioid 51 drug listed as a

Schedule II controlled substance in s. 893.03 52 or 21 U.S.C. s. 812. 53

(4) PHYSICIAN CERTIFICATION.— 54 (

a) A qualified physician may issue a physician 55 certification only if the qualified physician: 56 1. Conducted an examination of the patient and a full 57 assessment of the medical history of the patient. Before issuing 58

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. or renewing a an initial certification to a patient, the 59 qualified physician must conduct an in-person physical 60 examination of the patient in person or. For certification 61 renewals, a qualified physician who has issued a certification 62 to a patient after conducting an in-person physical examination 63 may conduct subsequent examinations of that patient through 64 telehealth as defined in s. 456.47.

For the purposes of this 65 subparagraph, the term “in-person physical examination” means an 66 examination conducted by a qualified physician while the 67 physician is physically present in the same room as the patient. 68 2. Diagnosed the patient with at least one qualifying 69 medical condition. 70 3. Determined that the medical use of marijuana would 71 likely outweigh the potential health risks for the patient, and 72 such determination must be documented in the patient’s medical 73 record.

If a patient is younger than 18 years of age, a second 74 physician must concur with this determination, and such 75 concurrence must be documented in the patient’s medical record. 76 4. Determined whether the patient is pregnant and 77 documented such determination in the patient’s medical record. A 78 physician may not issue a physician certification, except for 79 low-THC cannabis, to a patient who is pregnant. 80 5. Reviewed the patient’s controlled drug prescription 81 history in the prescription drug monitoring program database 82 established pursuant to s. 893.055. 83 6.

Reviews the medical marijuana use registry and confirmed 84 that the patient does not have an active physician certification 85 from another qualified physician. 86 7. Registers as the issuer of the physician certification 87

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 4 of 10 CODING: Words stricken are deletions; words underlined are additions. for the named qualified patient on the medical marijuana use 88 registry in an electronic manner determined by the department, 89 and: 90 a.

Enters into the registry the contents of the physician 91 certification, including the patient’s qualifying condition and 92 the dosage not to exceed the daily dose amount determined by the 93 department, the amount and forms of marijuana authorized for the 94 patient, and any types of marijuana delivery devices needed by 95 the patient for the medical use of marijuana. 96 b. Updates the registry within 7 days after any change is 97 made to the original physician certification to reflect such 98 change. 99 c.

Deactivates the registration of the qualified patient 100 and the patient’s caregiver when the physician no longer 101 recommends the medical use of marijuana for the patient. 102 8. Obtains the voluntary and informed written consent of 103 the patient for medical use of marijuana each time the qualified 104 physician issues a physician certification for the patient, 105 which shall be maintained in the patient’s medical record.

The 106 patient, or the patient’s parent or legal guardian if the 107 patient is a minor, must sign the informed consent acknowledging 108 that the qualified physician has sufficiently explained its 109 content. The qualified physician must use a standardized 110 informed consent form adopted in rule by the Board of Medicine 111 and the Board of Osteopathic Medicine, which must include, at a 112 minimum, information related to: 113 a. The Federal Government’s classification of marijuana as 114 a

Schedule I controlled substance. 115 b. The approval and oversight status of marijuana by the 116

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. Food and Drug Administration. 117 c. The current state of research on the efficacy of 118 marijuana to treat the qualifying conditions set forth in this 119 section. 120 d. The potential for addiction. 121 e.

The potential effect that marijuana may have on a 122 patient’s coordination, motor skills, and cognition, including a 123 warning against operating heavy machinery, operating a motor 124 vehicle, or engaging in activities that require a person to be 125 alert or respond quickly. 126 f. The potential side effects of marijuana use, including 127 the negative health risks associated with smoking marijuana. 128 g. The risks, benefits, and drug interactions of marijuana. 129 h.

That the patient’s deidentified health information 130 contained in the physician certification and medical marijuana 131 use registry may be used for research purposes. 132 (

b) If a qualified physician issues a physician 133 certification for a qualified patient diagnosed with a 134 qualifying medical condition pursuant to paragraph (2)(k), the 135 physician must submit the following to the applicable board 136 within 14 days after issuing the physician certification: 137 1. Documentation supporting the qualified physician’s 138 opinion that the medical condition is of the same kind or class 139 as the conditions in paragraphs (2)(a)-(

j) or is a condition for 140 which the patient was prescribed an opioid drug listed as a 141

Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 142 812. 143 2. Documentation that establishes the efficacy of marijuana 144 as treatment for the condition. 145

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. 3. Documentation supporting the qualified physician’s 146 opinion that the benefits of medical use of marijuana would 147 likely outweigh the potential health risks for the patient. 148 4. Any other documentation as required by board rule. 149 150 The department must submit such documentation to the Consortium 151 for Medical Marijuana Clinical Outcomes Research established 152 pursuant to s. 1004.4351. 153 (

f) A qualified physician may not issue a physician 154 certification for more than 10 three 70-day supply limits of 155 marijuana or more than 20 six 35-day supply limits of marijuana 156 in a form for smoking. The department shall quantify by rule a 157 daily dose amount with equivalent dose amounts for each 158 allowable form of marijuana dispensed by a medical marijuana 159 treatment center. The department shall use the daily dose amount 160 to calculate a 70-day supply. 161 1.

A qualified physician may request an exception to the 162 daily dose amount limit, the 35-day supply limit of marijuana in 163 a form for smoking, and the 4-ounce possession limit of 164 marijuana in a form for smoking established in paragraph 165 (14)(a). The request must shall be made electronically on a form 166 adopted by the department in rule and must include, at a 167 minimum: 168 a. The qualified patient’s qualifying medical condition. 169 b. The dosage and route of administration that was 170 insufficient to provide relief to the qualified patient. 171 c.

A description of how the patient will benefit from an 172 increased amount. 173 d. The minimum daily dose amount of marijuana that would be 174

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. sufficient for the treatment of the qualified patient’s 175 qualifying medical condition. 176 2. A qualified physician must provide the qualified 177 patient’s records upon the request of the department. 178 3. The department shall approve or disapprove the request 179 within 14 days after receipt of the complete documentation 180 required by this paragraph. The request is shall be deemed 181 approved if the department fails to act within this time period. 182 (

g) A qualified physician must evaluate an existing 183 qualified patient at least once every 104 30 weeks before 184 issuing a new physician certification. A qualified physician who 185 has issued a certification to the patient after conducting an 186 in-person physical examination as defined in subparagraph (a)1. 187 may conduct the evaluation through telehealth as defined in s. 188 456.47. A physician must: 189 1. Determine whether if the patient still meets the 190 requirements to be issued a physician certification under 191 paragraph (a). 192 2.

Identify and document in the qualified patient’s medical 193 records whether the qualified patient experienced either of the 194 following related to the medical use of marijuana: 195 a. An adverse drug interaction with any prescription or 196 nonprescription medication; or 197 b. A reduction in the use of, or dependence on, other types 198 of controlled substances as defined in s. 893.02. 199 3. Submit a report with the findings required pursuant to 200 subparagraph 2. to the department.

The department shall submit 201 such reports to the Consortium for Medical Marijuana Clinical 202 Outcomes Research established pursuant to s. 1004.4351. 203

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. (

i) The department shall monitor physician registration in 204 the medical marijuana use registry and the issuance of physician 205 certifications for practices that could facilitate unlawful 206 diversion or misuse of marijuana or a marijuana delivery device 207 and shall take disciplinary action as appropriate. The 208 department may suspend the registration of a qualified physician 209 in the medical marijuana use registry for a period of up to 2 210 years if the qualified physician: 211 1. fails to comply with this section; or 212 2. Provides, advertises, or markets telehealth services 213 before July 1, 2023. 214

(7) IDENTIFICATION CARDS.— 215 (

a) The department shall issue medical marijuana use 216 registry identification cards for qualified patients and 217 caregivers who are residents of this state, which must be 218 renewed biennially annually. Additionally, the department shall 219 establish procedures and processes for nonresidents who are 220 actively enrolled in the medical marijuana program of another 221 jurisdiction recognized by the department to register as 222 visiting qualified patients and be issued medical marijuana use 223 registry identification cards within 1 business day after such 224 request to register.

A visiting qualified patient may engage in 225 all conduct authorized for a qualified patient in this state. 226 The identification cards must be resistant to counterfeiting and 227 tampering and must include, at a minimum, include the following: 228 1. The name, address, and date of birth of the qualified 229 patient or caregiver. 230 2. A full-face, passport-type, color photograph of the 231 qualified patient or caregiver taken within the 90 days 232

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. immediately preceding registration or the Florida driver license 233 or Florida identification card photograph of the qualified 234 patient or caregiver obtained directly from the Department of 235 Highway Safety and Motor Vehicles. 236 3. Identification as a qualified patient or a caregiver. 237 4. The unique numeric identifier used for the qualified 238 patient in the medical marijuana use registry. 239 5.

For a caregiver, the name and unique numeric identifier 240 of the caregiver and the qualified patient or patients that the 241 caregiver is assisting. 242 6. The expiration date of the identification card. 243 (

d) Applications for identification cards must be submitted 244 on a form prescribed by the department. The department may 245 charge a reasonable fee associated with the issuance, 246 replacement, and renewal of identification cards. However, the 247 department shall waive all such fees for any veteran who was 248 honorably discharged from the United States Armed Forces.

The 249 department shall allocate $10 of the identification card fee to 250 the Division of Research at Florida Agricultural and Mechanical 251 University for the purpose of educating minorities about 252 marijuana for medical use and the impact of the unlawful use of 253 marijuana on minority communities. The department shall contract 254 with a third-party vendor to issue identification cards. The 255 vendor selected by the department must have experience 256 performing similar functions for other state agencies. 257

(11) PREEMPTION.—Regulation of cultivation, processing, and 258 delivery of marijuana by medical marijuana treatment centers is 259 preempted to the state except as provided in this subsection. 260 (

d) A medical marijuana treatment center dispensing 261

Florida Senate - 2025 SB 552 22-00413A-25 2025552__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. facility may not be located on the same parcel of land as a 262 retail outlet as defined in s. 526.303. 263

Section 2. This act shall take effect July 1, 2025. 264

Document details

CollectionFlorida Bills
CitationSB 552
Typebill
Languageen
Formatpdf
SourceFL_SENATE
Identifiere22deafabce1bff56d2e98acae5c522508ba04fc

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Senate Bill 552 (2025) — Medical marijuana

SB 552

Florida Bills

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