Fla. Admin. Code Ann. R. 64-4.011 - Medical Marijuana Use Registry Identification Cards

(1) All patients and caregivers are required to have a valid Medical Marijuana Use Registry identification card to obtain marijuana or a marijuana delivery device.

(2) To apply for a patient Medical Marijuana Use Registry identification card, a person must:

(a) Be a Florida resident, as evidenced by the following:

1. An adult resident must provide proof of residency as specified in section 381.986(5)(b)1., Florida Statutes.

2. An adult seasonal resident must provide either proof of residency under subparagraph 1., above, or provide a copy of two documents as specified in section 381.986(5)(b)2., Florida Statutes.

3. Minor patients must provide proof of residency and have a parent or legal guardian as specified in section 381.986(5)(b)3., Florida Statutes.

For all proofs of residency, the name and address on the document(s) provided for proof of residency must match the name and address provided in the application.

(b) Be a qualified patient who has been added to the Medical Marijuana Use Registry, by a qualified physician, to receive marijuana or a marijuana delivery device from a medical marijuana treatment center, and

(c) Submit DH8009-OCU-03/2018, "Medical Marijuana Use Registry Identification Card Qualified Patient Application, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09614.

(3) To apply for a caregiver Medical Marijuana Use Registry identification card, a person must submit DH8010-OCU-03/2018, "Medical Marijuana Use Registry Identification Card Caregiver Application, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09615.

(4) In order for a minor patient to receive a patient Medical Marijuana Use Registry identification card, the minor patient must reside in Florida and have a caregiver designated in his or her application and in the online Medical Marijuana Use Registry.

(5) Each person who applies for a Medical Marijuana Use Registry identification card shall pay a $75 application fee in the form of a check or money order payable to the Department of Health. The card shall expire one (1) year after the date of the physician's initial order.

(6) A person who applies for a Medical Marijuana Use Registry identification card shall have sixty (60) days from the date the department provides notice that the application is incomplete to make corrections, provide additional information or resubmit the application.

(7) If there is no initial order by the patient's qualified physician at the time of the approval of the patient or caregiver's Medical Marijuana Use Registry identification card, the department will provide a temporary verification email which may be printed and used, with a photo ID, to obtain marijuana or a marijuana delivery device until the patient or caregiver receives the Medical Marijuana Use Registry identification card.

(8) To maintain an active Medical Marijuana Use Registry identification card, a patient and/or caregiver must annually submit DH8009-OCU-03/2018 and/or DH8010-OCU-03/2018, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date.

(9) When there has been a change in the patient's name, address, or designated caregiver, that patient must notify the department within ten (10) days by submitting a completed "Change, Replacement or Surrender Request, " DH8012-OCU-03/2018, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09616, along with a $15 replacement fee in the form of a check or money order payable to the Department of Health. A patient who has not designated a caregiver at the time of application to the department may do so in writing at any time during the effective period of the patient's registry identification card.

(10) A patient who no longer has a qualifying medical condition shall return his or her registry identification card to the department within ten (10) days of receiving such information by his or her physician along with a completed Change, Replacement or Surrender Request, DH8012-OCU-3/2018.

(11) Requests to replace a lost or stolen card will require the cardholder to submit a Change, Replacement or Surrender Request, DH8012-OCU-03/2018, along with a copy of his or her Florida driver's license or identification card and a $15 replacement fee.

(12) The department may revoke a Medical Marijuana Use Registry identification card for any of the following:

(a) The patient or caregiver makes material misrepresentations in his or her application;

(b) The patient uses his or her card to obtain marijuana for another individual;

(c) The caregiver uses his or her card to obtain marijuana for an individual who has not designated them as their caregiver or who is not a qualified patient;

(d) The patient or caregiver purchases, obtains, possesses, or uses marijuana not sold by an approved medical marijuana treatment center, or

(e) The patient is no longer a qualified patient.

Notes

Fla. Admin. Code Ann. R. 64-4.011

Rulemaking Authority 381.986(5)(h), (6)(h), (7)(c) FS. Law Implemented 381.986(5), (6), (7) FS.

Adopted by Florida Register Volume 43, Number 025, February 7, 2017 effective 2/19/2017, Amended by Florida Register Volume 44, Number 138, July 17, 2018 effective 7/31/2018.

New 2-19-17, Amended 7-31-18.