This morning the Department of Health issued a series of emergency rules pertaining to the medical marijuana industry. The rules create a form that qualified physicians will have to send to the Department of Health upon certifying a medical marijuana patient. In addition, the Department also issued an emergency rule that sets forth all the disciplinary guidelines and fines related to the medical marijuana industry. Also, the Department issued a Notice of Proposed Regulation that would codify those disciplinary guidelines and fines as permanent regulations. Under Chapter 120, Florida Statutes emergency rules may not be in effect longer than 90 days under most circumstances, so the DOH will have to initiate formal rulemaking to make any of the rules permanent.

Department of Health

• Notice of Emergency Rule
  Rule No.: 64B8ER17-3
  Rule Titles: Documentation Required Under Section 381.986(4)(b), Florida Statutes
  https://www.flrules.org/gateway/View_Notice.asp?id=19608858
• Notice of Emergency Rule
  Rule No.: 64B15ER17-3
  Rule Titles: Documentation Required Under Section 381.986(4)(b), Florida Statutes
  https://www.flrules.org/gateway/View_Notice.asp?id=19609440
• Notice of Emergency Rule
  Rule No.: 64ER17-6
  Rule Titles: Disciplinary Guidelines and Fines
  https://www.flrules.org/gateway/View_Notice.asp?id=19610604
• Miscellaneous
  Notice Title: Office of Medical Marijuana Use Notice of Proposed Regulation
  https://www.flrules.org/gateway/View_Notice.asp?id=19610701

For more information, contact LLW attorney Chris Johns at 561-640-0820 or by emailing cjohns@llw-law.com.