Tallahassee, FL: In a significant move towards expanding the accessibility of medical marijuana, the Florida Legislature has passed HB 387, an essential piece of legislation that alters the framework for patient recertification through telehealth services. The new law, set to become effective July 1, 2023, was approved on May 4, 2023, and awaits the signature of Florida Governor Ron Desantis.

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This groundbreaking legislation brings a critical update to the process of medical marijuana recertification, allowing for telehealth appointments to replace in-person consultations following an initial in-person physical examination. Therefore, patients holding a medical marijuana card in Florida can use remote consultations to renew their certification.

The term “telehealth” in this context covers both synchronous and asynchronous telecommunications technology, as per section 456.47, Florida Statutes. The new legislation mandates recertification exams to be carried out every 30 weeks or 210 days.

This is a somewhat novel idea in the state. Telehealth for medical marijuana recertifications was temporarily approved in Florida during the COVID-19 pandemic. However, the emergency rules that permitted this expired in June 2020. The passing of HB 387 effectively makes these temporary measures permanent, restoring the ability for patients to renew their medical marijuana certification remotely.

The bill also includes strict regulations to maintain professional medical standards. Physicians who violate statutes related to medical marijuana risk being suspended from the medical marijuana use registry for up to two years. In addition, the bill explicitly prohibits physicians from advertising or providing telehealth services before its effective date.

While the legislation marks a progressive step in Florida’s approach to medical marijuana, it also sets clear boundaries. It does not protect actions that violate federal law or any non-medical use, possession, or production of marijuana.

The new law symbolizes Florida’s continuing dedication to improving access to medical marijuana for patients while maintaining a balance between federal regulations and the integrity of the state’s medical community.

As more patients can access recertification services from the comfort of their homes, the future of medical marijuana in Florida appears positive. We remain vigilant in monitoring any further updates to Florida’s laws and regulations.