Beginning Monday, August 29, 2022, the Medical Marijuana Use Registry (Registry) will be updated pursuant to section 381.986(4)(f), Florida Statutes (F.S.), which states, in part, “The department [of Health] shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. The department shall use the daily dose amount to calculate a 70-day supply.” In compliance with Florida law, the Department of Health has published Emergency Rule 64ER22-8, Dosing and Supply Limits for Medical Marijuana, to determine daily dose amounts and 70-day supply limits for approved routes of administration of marijuana (excluding low-THC cannabis).
The limits are as follows:
| Route of Administration | Daily Dose Amount | 70-Day Supply Limit* |
| Edibles | 60 mg THC | 4,200 mg THC |
| Inhalation (e.g., vaporization) | 350 mg THC | 24,500 mg THC |
| Oral (e.g., capsules, tinctures) | 200 mg THC | 14,000 mg THC |
| Sublingual (e.g., sublingual tinctures) | 190 mg THC | 13,300 mg THC |
| Suppository | 195 mg THC | 13,650 mg THC |
| Topical (e.g., creams) | 150 mg THC | 10,500 mg THC |
| Marijuana in a form for smoking | 2.025 grams | N/A |
*An aggregate (total) 70-day supply limit of marijuana, other than marijuana in a form for smoking, shall not exceed 24,500 mg of THC.
However, pursuant to section 381.986(4)(f)1., F.S., a qualified physician may request an exception to the daily dose amount for their qualified patient by electronically submitting the “Request for Exception” form in the Registry. Qualified patients should contact their qualified physician to discuss whether an exception to the limit(s) is right for their treatment.
An active physician certification issued before the effective date of Emergency Rule 64ER22-8 (August 29, 2022) that exceeds the daily dose amount defined by the Rule, and begins within 210 days of the effective date of the Rule, will be valid for the remainder of said physician certification(s). However, should a qualified physician make any modifications to an existing certification after the effective date of this rule that would deem the certification to be in excess of the daily dose amount, the qualified physician will be required to submit the “Request for Exception” form.
Qualified patients may not obtain more than a 70-day supply of marijuana within any 70-day period or more than a 35-day supply of marijuana in a form for smoking within any 35-day period unless there is an approved exception in place. Therefore, prior to the approval of the exception, a qualified patient will only be authorized to obtain the amount determined by the Rule. The 70-day and 35-day limits will be calculated on a rolling basis from the date of each dispensation.
To best assist a patient’s understanding of the update, we have updated the instructional guides on how to Understand the Amount Available Calculation Page and how to View and Understand Orders. These guides can also be found on the Office of Medical Marijuana Use (OMMU) website, here: https://KnowTheFactsMMJ.com/Registry/#instructional-guides.
If, after reviewing the Emergency Rule, you have any questions about this update, please let us know by emailing the OMMU at MedicalMarijuanaUse@FlHealth.gov or by calling our support line at (850) 245-4657, option 1.
64ER22-8 Dosing and Supply Limits for Medical Marijuana.
(1) Pursuant to s. 381.986(4)(f), F.S., a qualified physician may not issue a physician certification for more than
three 70-day supply limits of marijuana or more than six 35-day supply limits of marijuana in a form for smoking.
The 70-day supply limit and 35-day supply limit are set forth in this rule.
(2) A 35-day supply limit for marijuana in a form for smoking shall not exceed 2.5 ounces. Marijuana in a form
for smoking shall only be dispensed by an MMTC as usable whole flower, ground usable whole flower, or prerolled
marijuana cigarettes. An MMTC may not dispense usable whole flower, ground usable whole flower, or prerolled
marijuana cigarettes under any other route of administration (e.g., vaporization).
(3) The equivalent daily dose amount limit and 70-day supply limit for approved routes of administration of
marijuana are as follows:
(4) An aggregate 70-day supply limit of marijuana, other than marijuana in a form for smoking, shall not exceed
24,500 mg of THC.
(5) A qualified physician may request an exception to the daily dose amount limit, the 35-day supply limit of
marijuana in a form for smoking, and the 4-ounce possession limit of marijuana in a form for smoking by electronically
submitting the information required by Form DH8031-OMMU-08/2022, “Request for Exception,” incorporated by
reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/, to the department via the
Medical Marijuana Use Registry.
(a) An exception to the 4-ounce possession limit for marijuana in a form for smoking will only be approved in
conjunction with an approved exception to the 35-day supply limit for marijuana in a form for smoking.
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(b) Upon receipt of the completed “Request for Exception” form through the Medical Marijuana Use Registry
and any required documentation, the department will approve or disapprove the exception request within 14 calendar
days.
(c) When submitting a “Request for Exception” to the department, a qualified physician is responsible for
complying with the relevant practice act, Chapter 458 or 459, F.S., and any applicable standards of practice or practice
requirements adopted thereunder. Violations are subject to disciplinary action by the governing regulatory board.
(6) Each approved exception is valid for up to the duration of the qualified patient’s physician certification(s),
which shall not exceed 210 days. However, an approved exception is no longer valid and must be closed in the Medical
Marijuana Use Registry by a qualified physician if:
(a) The qualified physician submits a new “Request for Exception” for the qualified patient and obtains
department approval; or
(b) Upon accepting a qualified patient in the Medical Marijuana Use Registry who has an existing certification
with a department-approved exception request, the new qualified physician shall have seven (7) calendar days to close
the existing certification, including the approved exception request. If the new qualified physician does not close the
existing certification within the prescribed timeframe, the existing certification will be automatically closed in the
Medical Marijuana Use Registry.
(7) Any subsequent exception requests to the daily dose amount limit, the 35-day supply limit of marijuana in a
form for smoking, and the 4-ounce possession limit of marijuana in a form for smoking must be submitted in
accordance with subsection (5).
(8) An active physician certification(s) issued before the effective date of this rule that exceeds the daily dose
amount limit defined herein shall be valid for the remaining duration of the physician certification(s). However, if a
qualified physician makes any modifications to an existing certification after the effective date of this rule that renders
the certification in excess of the daily dose amount limit prescribed herein, the qualified physician must submit an
exception request pursuant to subsection (5).
(9) Any physician certifications submitted on or after the effective date of this rule shall be subject to the
requirements herein.
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(10) An MMTC shall not dispense, and a qualified patient may not obtain, more than a 70-day supply of marijuana
within any 70-day period or more than a 35-day supply of marijuana in a form for smoking within any 35-day period,
unless there is an approved exception in place.
(a) The 70-day period is measured by looking back 70 days from the date of each dispensation.
(b) The 35-day period is measured by looking back 35 days from the date of each dispensation.
(c) The amount of marijuana an MMTC may dispense to a qualified patient on any given day is calculated as
follows:
1. The difference between the 35-day supply limit of marijuana in a form for smoking and the patient’s total
dispensation history over the past 35-day period.
2. The difference between the 70-day supply limit of marijuana not in a form for smoking and the patient’s total
dispensation history over the past 70-day period.
3. Notwithstanding the calculations in subparagraphs 10(c)1. and 10(c)2., an MMTC shall not dispense to a
patient an amount exceeding the amount remaining on the patient’s current order. The amount remaining on a
patient’s current order is calculated by subtracting all dispensations to the patient under the current order from the
total amount allowed by such order.
(11) Notwithstanding subsection (10), an MMTC is permitted to dispense marijuana pursuant to an active
physician certification issued before the effective date of this rule that exceeds the daily dose provided in subsection
(3), as long as the certification start date begins within 210 days of the effective date of this rule.
Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(4)(f), 381.986(4)(k), 381.986(8)(k), F.S. Law Implemented
Art. X, § 29, Fla. Const., 381.986(4)(f), 381.986(8)(e), F.S. History-New________.
