Edible Marijuana still Banned in Florida


By MD Publishing


The Florida Department of Health has doubled down on its decision to prohibit edible marijuana products in Florida.

The Florida Legislature’s oversight committee issued a 19 page critique of the rules proposed by the department. Included in that critique was a request to explain the departments authority to prohibit low-THC cannabis in edible food products. The department responded with three main concerns.

First, the department was concerned about the significant amount of additional time it would take to craft regulations that would be necessary to combine the safe production of food products with the safe production of these medical products. While the department is not opposed to people taking the medication in food products, they feel that the additional rules that would be necessary to allow the mixing of medicines and food would significantly delay the availability of the medication for the patients that need it.

Second, they felt that patients that needed the medication as an edible product could mix their own preparations easily in their own kitchens. While this is not ideal for all patients, it is also not considered by the department as a reason to delay availability of the basic product to the other patients.

Finally, the department says that it has information that edible products have proven to be an unreliable method of dosage control and could “serve as a risk to minors.”

In any event, the Department invoked the catch-all provision of the Compassionate Use Statute 381.986(5)(d) that directs the department to “Adopt rules necessary to implement this section.” This will be an often cited portion of the statute going forward in the evolution of this rule as it gives the department broad authority to do as they like. In fact, in answering the questions posed by the oversight committee, they referenced this statute seven times.

Perhaps more telling is the fact that the only other statute the department referenced was Chapter 120.57 which allows these rules to be challenged in an administrative hearing which is bureaucrat speak for “if you don’t like it, take me to court.”


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Medical Dispensary Publishing is a news service that focuses on the Medical Marijuana laws in Florida. Our information comes straight out of the hearings and policy discussions held by the Florida Department of Health along with inside discussions with lobbyists, legislators and policy makers.

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