10/13/22 Update
Effective 8/29/22 exceptions can be filed to increase the smokable limits referenced below. For more current information about understanding your limits, see this video.
Original Post Published 2/8/22
Changes are coming to Florida’s Medical Cannabis program. After a few previously unsuccessful rollouts, the 35-day rolling smokable cannabis purchasing limit is here to stay.
Effective April 5, 2022, smokable flower purchasing limits will shift from pre-defined 35-day periods to rolling 35-day periods based on purchase dates. The Medical Marijuana Use Registry (MMUR) will be updated on March 1, 2022 to begin tracking these amounts. Any purchases made on/after March 1st will be used to calculate available dispensation amounts beginning April 5th.
Why is the Smoking Dispensation Process Changing?
The Department of Health is changing the MMUR to be consistent with the law. Under the law, patients are eligible to purchase a maximum of 2.5 ounces in any 35 day period. The registry will no longer function in pre-defined 35 day periods and instead use rolling 35-day periods based on purchases, which is consistent with the “any” language. Purchases will be limited to BOTH the amount recommended by the physician and the patient’s personal dispensation history against the 2.5oz statutory limit for the previous 35 day period.
Snippet of Florida Medical Marijuana Law Referencing ‘Any’ 35-Day Period
I Don’t Purchase Flower Regularly. Will This Affect Me?
Probably not. This change will primarily affect medical cannabis patients who regularly exhaust or near the limit on their smokable cannabis purchases. However, it is a good idea to get familiar with the change in the MMUR. If you attempt to ‘stock up’ and take advantage of a sale this new change may affect you.
I Exhaust or Come Close to Maxing Out My Smoking Recommendation. What Should I Do?
Patients who regularly exhaust their 2.5oz flower recommendation will need to track available limits and plan purchases accordingly. You will no longer be able to exhaust a recommendation on the last day and purchase again the following day when a new recommendation starts. Purchases will need to be more strategic as any purchase in the previous 35 days will count toward the 2.5 oz limit. If you come close to or regularly exhaust your flower recommendation, we strongly encourage you to review the Medical Marijuana Use Registry and plan your medication purchases accordingly.
How Will It Work? How Much Smokable Cannabis Can I Purchase?
Each purchase of smokable flower will subtract from your available dispensation limit for 35 days. After 35 days it will be added back. Each purchase has its own 35-day schedule.
For example, if you have 2.5oz available at the time of purchase and purchase 1oz, 1oz will be subtracted from your available dispensation for 35 days leaving 1.5oz available for purchase. After 35 days the 1oz would be added back to your available purchase limit. This 35-day cycle will apply for each smokable flower purchase.
How Do I Know How Much Smokable Cannabis I Can Purchase?
On March 1st the MMUR will be updated to include an ‘Amount Available Calculation Page.’ This Amount Available Calculation Page will display your personal ‘35-Day Smoking Dispensation History’ as well as the ‘Smoking Amount Eligible to be Dispensed’. Included in the 35-Day Smoking Dispensation History will be the amounts, dates dispensed, and the date the dispensation expires. Once a dispensation expires it will be removed from the dispensation history and that amount will be added to the Smoking Amount Eligible to be Dispensed. We suggest making it a habit to check your MMUR record PRIOR to purchasing any smokable flower.
Example Amount Available Calculation Page
Can I Still Stock Up on Sales Days?
Absolutely, but only up to your available dispensation limit. If you like to make large purchases to take advantage of discounts you’ll want to try to plan as much as possible to ensure no delays in accessing your medication. If you don’t plan appropriately you risk not being able to purchase at any given time.
So What Happens on March 1st, 2022?
On March 1st the MMUR will be updated to show the ‘Amount Available Calculation Page.’ This feature will begin to track your purchases. You can still purchase like ‘normal’ (pre-defined 35-day recommendation periods), however, any purchase made during this time will count against your 35-day dispensation history that will be used to calculate your dispensation limit effective April 5th.
What’s the Difference Between March 1st and April 5th, 2022?
During March you can still purchase under the old system, meaning whatever the dates on your recommendation say. Effective April 5th, any purchase made in the previous 35 days will count against your amount available for dispensation. So, we start tracking in March and start using that tracking in April.
Example Smoking Order with Viewable Dispensation Availability
Can My Doctor Increase the Limit Above 2.5oz?
As of right now, no.
Despite State Law stating that physicians can request an increase to the 2.5oz dispensation limit and 4oz possession limit, the OMMU has not given physicians a mechanism in which to do so. According to the law, the Department of Health - Office of Medical Marijuana Use is charged with creating an electronic form via department rule for physicians to request this increase. It’s been a few years and there is still no department rule or form.
Florida State Medical Marijuana Law Referencing Physician’s Increase to Daily Dose Amount
Examples
We know this change has been difficult to understand. We hope these examples help make it easier to digest!
Example 1: A physician issues smoking recommendations for 2.5oz each, with dates of 05/01/22 - 06/04/22 & 06/05/22 - 07/11/22.
Patient purchases 1 oz on 05/15/22.
Patient purchases 1.5 oz on 5/30/22 and completes the recommendation.
New recommendation opens 6/5/22.
Even though the new recommendation opens on 6/5/22, the patient will be unable to purchase smokable cannabis for 35 days from 5/15/22. At that time the purchase from 5/15/22 will be removed from the 35-day rolling dispensation period and 1oz will be available for dispensation. Once 35 days have passed from 5/30/22 that purchase will no longer count toward the limit and 1.5oz will be added to the available dispensation.
Example 2: A physician issues smoking recommendations for 2.5oz each, with dates of 05/01/22 - 06/04/22 & 06/05/22 - 07/11/22.
Patient purchases 2.5 oz on 05/01/22.
The patient will be unable to purchase for the remaining 34 days on their recommendation as both the physician’s recommendation & 35 day period has been maxed.
Example 3: A physician issues smoking recommendations for 2.5oz each, with dates of 05/01/22 - 06/04/22 & 06/05/22 - 07/11/22.
Patient purchases 2.5 oz on 06/04/22.
Despite the new recommendation opening on 06/05/22, the patient will be unable to purchase any flower for 35 days from 06/04/22, or 07/09/22.
I’m Still Confused. Is There Any Other Way To Explain This?
Try thinking about your cannabis medication just like any other medication that you fill at a pharmacy. In order to prevent abuse and misuse of medications, there are regulations that prevent pharmacists from filling prescriptions for controlled substances like pain, sleeping, and anti-anxiety medications early. If your previous prescription was written for a 30-day supply and you filled it on March 1st, you will be unable to request a refill on that medication until the end of the month. This change will function similarly to other controlled substances. If you fill your entire 35-day supply on x day, you’ll need to wait 35 days before you can purchase that supply again. If you fill half of your 35 day supply on x day, you’ll need to wait 35 days before you can purchase THAT half of your 35 day supply again, and so on.
Useful Links
MMUR Understanding the Registry Amount Available Calculation Page Guide
MMUR Instructional Guides
Medical Marijuana Use Registry Login
Post Written By: Kristina Risola, MA, CRC, NBC-HWC
