As of February 2021, Florida continues to evolve its stance on medicinal cannabis, with new laws and regulations impacting medical marijuana patients and the industry. While the state has permitted medical marijuana since 2016, recent legislative updates focus on improving patient access, ensuring safety, and further regulating the industry to maintain compliance. Below is an overview of key developments for medicinal cannabis consumers in Florida in early 2021.
Temporary Expansion of Telehealth Services for Cannabis Patients
Due to the ongoing COVID-19 pandemic, the Florida Department of Health has temporarily allowed qualified physicians to renew medical marijuana recommendations via telehealth. This change, first implemented in 2020, continues into early 2021. It offers a more convenient option for patients, especially those with mobility challenges or living in remote areas.
However, this temporary measure may not last beyond the pandemic. Florida lawmakers are currently debating whether telehealth should be made a permanent option for medical marijuana consultations, but for now, the option remains in place only as a temporary pandemic response.
Smoking Cannabis Remains Legal, with Restrictions
After years of legal battles, smoking medical marijuana has been legal in Florida since 2019, though strict regulations are in place. As of February 2021:
- Patients must obtain certification from a qualified physician indicating that smoking cannabis is the most appropriate method for their treatment.
- The state requires dispensaries to offer cannabis flower in a form suitable for smoking, with limits on the amount that can be dispensed at any time.
While smoking is permitted, Florida law bans the practice in public spaces and workplaces, limiting consumption to private properties only. These restrictions remain unchanged going into 2021.
Potential THC Potency Caps
One of the most hotly debated issues early in 2021 is the proposal to cap THC potency in medical cannabis products. House Bill 1455, currently under discussion in the Florida legislature, seeks to impose a 10% THC limit on smokable cannabis for patients under 21 years old. Proponents claim the measure will reduce potential health risks for younger patients, while opponents argue that it limits the effectiveness of cannabis treatments, particularly for those with serious medical conditions like chronic pain or cancer.
While the bill has not yet passed, it has sparked widespread debate within the medical community and among patient advocates. It remains to be seen whether THC caps will be adopted, but the issue is likely to remain a focal point in Florida’s 2021 legislative session.
Lack of Employee Protections for Medical Cannabis Users
One significant area where Florida has yet to make progress is in employment protections for medical marijuana patients. As of February 2021, there are no explicit protections preventing employers from terminating or refusing to hire medical marijuana patients. This leaves employees vulnerable, even if they are legal cannabis consumers under Florida law.
Several bills have been introduced aiming to address this gap and protect medical marijuana users from workplace discrimination. However, none have advanced through the legislative process yet, and medical cannabis patients in Florida should be aware of the potential consequences of a positive drug test at work.
Changes to Dispensary Licensing and Operations
Florida’s vertical integration model remains in place in early 2021, meaning that medical marijuana companies must control all aspects of the supply chain, from cultivation to retail. This model has been criticized for making it harder for smaller businesses to enter the market, but no significant changes have been enacted so far.
That said, the state has issued additional licenses for new Medical Marijuana Treatment Centers (MMTCs) in an effort to improve patient access. These new licenses aim to encourage competition, reduce wait times for patients, and ensure that the growing demand for medical cannabis can be met.
Conclusion
As we move through early 2021, Florida’s medical marijuana landscape remains dynamic. The temporary expansion of telehealth services, the ongoing debate over THC potency caps, and the lack of employee protections are key issues for patients and industry professionals. Patients should remain informed about these legislative changes as Florida continues to refine its approach to medical cannabis laws.
Sources:
- Florida Department of Health, Office of Medical Marijuana Use (OMMU)
- Florida Senate: House Bill 1455
- Norml.org – Updates on Florida medical marijuana laws