FL Dept. of Health – Office of Medical Marijuana Use Weekly Update; Feb. 02, 2018

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February 02, 2018

Contact:
Office of Medical Marijuana Use (OMMU)
medicalmarijuanause@flhealth.gov
tel:850-245-4657 open weekdays,
8am-5pm (excluding state holidays)

OMMU WEEKLY UPDATE

 

The Florida Department of Health’s (DOH) top priority is the health and safety of Florida’s families. Through the DOH Office of Medical Marijuana Use (OMMU), we are working diligently every day to implement the many requirements in Amendment 2 and those set by the Florida Legislature in Senate Bill 8A and are dedicated to ensuring patients have safe access to low-THC cannabis and medical marijuana. We remain committed to moving this process forward, and will do so in an expedient and thoughtful manner. To keep the public informed of the latest updates, DOH will issue a weekly update on this issue.

 

OMMU by the Numbers

Patients in the Registry: 74,133* Processing Time for Complete Paper Application: 30 days
Qualified Physicians: 1,035 Processing Time for Complete Online Application: 20 days
Approved Medical Marijuana Treatment Centers: 13 Approved ID Card Applications: 48,862*
Approved Retail Dispensing Locations:27

Applications in Processing: 3,400

Implementation Updates

  • Low-THC cannabis and medical marijuana has been and continues to be available for qualified patients. Patients may search for qualified ordering physicians using the new search tool on the OMMU Patients Page.  Patients and caregivers may fill their orders at any of the 27 dispensing locations, or via delivery from approved MMTCs below.
  • DOH published 10 notices of rule development in theFlorida Administrative Register on February 2, 2018. The following rules are in development:
    • Medical Marijuana Testing Laboratories and Testing Standards
    • Dosing for Low-THC Cannabis and Medical Marijuana
    • Medical Marijuana Treatment Center Dispensing Facility Allocation
    • Medical Marijuana Treatment Center Change of Ownership Applications
    • Medical Marijuana Treatment Center Personnel and Caregiver Background Screenings
    • Low-THC and Medical Marijuana Packaging and Labeling
    • Low-THC and Medical Marijuana Solvent Based Extraction and Related Products
    • Medical Marijuana Treatment Center Advertising and Signage
    • Medical Marijuana Treatment Center Variance Procedure
    • Medical Marijuana Treatment Center Waste Management
  • DOH published one notice of rule hearing on February 1, 2018 and three notices of rule workshop in theFlorida Administrative Register on February 2, 2018. The following hearing and workshops are scheduled:
    • Rule Hearing on Rule 64-4.013: Pesticide Use on Marijuana – February 23, 2018 in Tallahassee.
    • Rule Workshop on Rule 64-4.014: Standards for Production of Edibles and Rule 64-4.015 Dosing for Low-THC Cannabis and Medical Marijuana – March 12, 2018 in Miami.
    • Rule Workshop on Rule 64-4.014: Standards for Production of Edibles and Rule 64-4.015 Dosing for Low-THC Cannabis and Medical Marijuana – March 13, 2018 in Orlando.
    • Rule Workshop on Rule 64-4.016: Testing Lab Certification and Testing Standards – March 2018 in Jacksonville.
  • DOH issued a press release on January 19, 2018 reminding Floridians to avoid medical marijuana scams. The release can be viewed here.
  • The mailing address for Patient and Caregiver ID card applications has changed:  PO Box 31313, Tampa, FL 33631-3313.

Medical Marijuana Treatment Centers

Name

Dispensing Locations

Trulieve Tallahassee, Tampa, Clearwater, Pensacola, Miami, Edgewater, Lady Lake, Jacksonville, Orlando, St. Petersburg, Bradenton, Fort Myers, Gainesville, delivery
Surterra Therapeutics Pensacola, Tallahassee, Tampa, North Port, delivery
Curaleaf Miami, Kendall, Lake Worth, delivery
Knox Medical Tallahassee, Gainesville, Orlando, Jacksonville, Lake Worth, St. Petersburg, delivery
Liberty Health Science Summerfield, delivery
The Green Solution Dispensing via delivery
GrowHealthy Dispensing via delivery
3 Boys Farm Cultivation Authorization only
Vidacann Cultivation Authorization only
Plants of Ruskin, Inc. Cultivation Authorization only
Sunbulb Company, Inc. Cultivation Authorization only
Treadwell Nursery Cultivation Authorization only
Keith St. Germain Nursery Farms N/A

 

Legal Updates

The implementation of Amendment 2 and Senate Bill 8A continues to be frequently litigated. While some of these lawsuits have little impact on our progress, others – particularly those regarding the constitutionality of the law we are tasked with executing – have significant impact on DOH’s ability to implement certain requirements of Senate Bill 8A.

Home Grow

 

Redner v. DOH, et. al., 13th Judicial Circuit Case No. 17-CA-5677

Motion to dismiss was denied on January 24, 2018; case to go to trial.  

Smoking Ban

 

People United for Medical Marijuana v. DOH, et. al., 2d Judicial Circuit Case No. 2017-CA-1394

Hearing took place January 25, 2018. Judge Gievers dismissed the association plaintiff, People United for Medical Marijuana, but denied the motion to dismiss the individual plaintiffs. The case will now move forward.

Constitutionality of Black Farmers Provision 381.986(8)(a)2 F.S.

 

Smith v. DOH, 2d Judicial Circuit Case No. 2017–CA-001972

Hearing took place on December 28, 2017. Judge Dodson granted the injunction.

 

Constitutionality of Citrus Farmers Provision 381.986(8)(a)3 F.S.

 

Tropiflora, LLC v. DOH, 2d Judicial Circuit Case No. 2016-CA-1330

Awaiting injunction hearing to be scheduled.

Application Process Bill’s Nursery, Inc. v. DOH, 2d Judicial Circuit Case No. 2017-CA-002411

Hearing regarding motion to consolidate with Smith v. DOH was scheduled for February 2, 2018. At the request of Bill’s Nursery, Inc. Judge Dodson granted a motion to continue this hearing. No new date has been set.

MMTC Licensure

 

Nature’s Way v. DOH Case No. 17-5801

Hearing scheduled for January 29, 2018 did not occur and was continued at the request of Nature’s Way. No new date has been set.

Constitutionality of Rules Florigrown LLC v. DOH Case No. 2017-CA-002549

General Background Information

Medical Marijuana ID Card Application Process: Once a patient has been diagnosed by a qualified ordering physician and entered into the Medical Marijuana Use Registry, they can immediately begin the identification card application process. The department encourages applicants to complete the process online as this decreases processing time. Patients receive an email from OMMU once their email is added to the registry by their qualified ordering physician which directs them to the application. Once an application is reviewed and approved, patients receive an approval email which can be used to fill an order at an approved MMTC while they await their physical card.

Medical Marijuana Use Registry: All orders for medical marijuana are recorded and dispensed via the Medical Marijuana Use Registry. The Medical Marijuana Use Registry is accessible online, with real time information to ordering physicians, law enforcement and medical marijuana treatment center staff. Patients and caregivers may also access the Medical Marijuana Use Registry to submit a Medical Marijuana Use Registry Identification Card application, and check the status of their application.

Medical Marijuana Treatment Centers: Approved medical marijuana treatment centers are the only businesses allowed to grow, process, or sell medical marijuana in Florida. Each medical marijuana treatment center must receive authorization at three stages, (1) cultivation authorization, (2) processing authorization, and (3) dispensing authorization, prior to dispensing low-THC cannabis or medical marijuana. Medical marijuana cannot be mailed.

For more information visit www.flhealth.gov/ommu

About the Florida Department of Health

The department, nationally accredited by the Public Health Accreditation Board, works to protect, promote and improve the health of all people in Florida through integrated state, county and community efforts.

Follow us on FacebookInstagram and Twitter at @HealthyFla. For more information about the Florida Department of Health please visit www.FloridaHealth.gov.

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