Fla. Admin. Code R. 64-4.224 (2026)

(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-05/2026 (Eff. 05/26), “Request for Exception,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/ and at https://flrules.org/Gateway/reference.asp?No=Ref-19593 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.

(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 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 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 Request for 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 (8)(c)1. and (8)(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.

Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(4)(f), 381.986(4)(k), 381.986(8)(k) FS. Law Implemented Art. X, § 29, Fla. Const., 381.986(4)(f), 381.986(8) FS. History–New 8-24-26.

Effective: 8/24/2026.