Medical Marijuana Edibles Now Available In Florida

Florida first approved the use medical marijuana since 2016 under the amendment 2 act. But until recently, edibles remained forbidden. Now, under a rule authored by the Florida Department of Health, dispensaries in the Sunshine State will be permitted to sell marijuana in edible forms. As of 08/27/2020 under Emergency Rule 64ER20-33, “edibles as a route of administration is available to qualified patients” and “If a physician agrees that edibles is an appropriate route of administration, the physician can add edibles to a qualified patient’s already-existing certification.” The rule links are posted on the Florida Office of Medical Marijuana Use (“OMMU”)  website and is immediately operable.

While this new revision to Florida’s medical marijuana laws is likely to have a major impact on the market for marijuana in the state, with some industry insiders expecting edible sales to eventually rise to around a fifth of sales, it does not represent a major change in the law itself. Under the original legislation enabling the sale of medical marijuana in Florida, the Department of Health was empowered to authorize the sale of edibles. It has only now done so, through an emergency rule. Emergency rules can go into effect immediately, while ordinary regulations go through the notice-and-comment process, but in general, emergency rules can only be implemented for ninety days.

Florida allows for medical but not recreational usage of marijuana yet both the enabling law and the current regulation contain strict restrictions on the appearance and packaging of edibles. Edibles are not permitted to resemble “commercially available candy,” nor can they be shaped like humans, animals, or cartoons. While producers are allowed to make and produce edibles including gelatins, powders, chocolates, and baked goods cannot be in bright colors, and  must “be produced in a manner to minimize color intensity and other color and visual characteristics attractive to children.” The rule goes as far as to limit the shapes in which edibles can be sold in squares, circles, rectangles, triangles, parallelograms, ovals, and diamonds (including three-dimensional variants of those shapes). You also need an additional certification from your medical marijuana doctor in Florida to access medical marijuana edibles in Florida. All Natural MD marijuana doctors and card services to get started on your mmj card today.