A recent bill introduced in Florida Senate would broaden eligibility for their medical marijuana program by including dependence or addiction to opioid drugs as one of its qualifying conditions.
SB 778 was filed Monday by Sen. Carlos Guillermo Smith (D). If it becomes law, its implementation would begin July 1.
Florida regulators currently recognize qualifying conditions for medical cannabis use in Florida as cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease Parkinson’s disease multiple sclerosis terminal conditions or chronic pain due to these qualifying diseases as qualifying conditions, according to Florida’s Office of Medical Marijuana Use (OMMU).
According to the state Senate website, no committees have yet reviewed this bill.
Smith has previously filed legislation to legalize adult-use cannabis use and has harshly criticized Governor Ron DeSantis (R) for allocating opioid settlement funds against Amendment 3, an industry-funded ballot measure intended to legalize it within Florida.
“Thousands of Floridians have died due to opioid overdoses while there have been zero marijuana related overdose deaths,” DeSantis declared via social media last October. Yet millions from Florida’s opioid settlement money meant for combatting opioid abuse are instead going toward supporting his prohibitionist, anti-freedom anti-marijuana campaign.
Studies on cannabis’ potential to address opioid use disorder and withdrawal symptoms has emerged over time, such as one funded by a federally awarded grant published last year that looked at users near Los Angeles syringe exchange service programs and methadone clinics.
At the core of that report was marijuana co-use’s role in helping create patterns of reduced opioid use: (1) it helped maintain cessation or adhere to opioid use disorder treatment by managing cessation-specific symptoms, 2) manage symptoms of opioid withdrawal episodically and, 3) decreased use due to ease of accessibility with cannabis.”
One study that assessed cannabis legalization for adults concluded that there is an “overwhelmingly significant negative relationship” between legalization and fatal overdose rates; particularly noticeable effects were seen among states that legalized cannabis earlier during the opioid crisis.
Florida lawmakers this session are considering a bill that would expand Florida’s medical marijuana program by adding new qualifying conditions, waiving fees for military veterans, using telehealth to issue recommendations from doctors and permitting out-of-state patients to join, among other provisions.
Senator Joe Gruters introduced SB 552 on Friday; should it become law, this legislation would permit individuals who meet certain conditions to qualify for medical cannabis by being prescribed an opioid drug listed as Schedule II controlled substance.
Legislation would also mandate the state Department of Health to create procedures enabling medical marijuana patients registered in other states to access Florida dispensaries and purchase marijuana there. Officials would need to issue “medical marijuana use registry identification cards” upon receiving requests for them from qualifying patients requesting marijuana from Florida dispensaries.
Under this bill’s proposals, participants in the program who were honorably discharged from U.S. armed services would no longer pay registration and renewal fees to remain part of it.
Other provisions would require patients to renew their registration only every two years rather than annually, enable physicians to recommend larger quantities of cannabis, and lessen the frequency with which patients need to see a physician for evaluations.
Telehealth visits could potentially allow patients to be prescribed medical marijuana remotely; though currently only renewals of certifications can take place through this channel.
Gruters introduced legislation which would enable medical marijuana patients in Indiana to cultivate up to two cannabis plants at home; his prior legislation contained additional measures which could have limited hemp-derived cannabinoids in Indiana.
That bill, SB 456, would allow state-registered cannabis patients 21 and older who meet certain conditions to cultivate up to two plants for personal use with permission from the Department of Agriculture and Consumer Services.
Separately, Florida lawmakers this session have also proposed bills which aim to safeguard medical marijuana patients against discrimination in government jobs and prevent state courts from restricting parental rights based on someone being classified as an qualified cannabis patient.
Before last year’s elections, Smith, sponsor of Florida Bill 90 which adds opioid use disorder as a qualifying condition, countered criticisms levelled against Amendment 3, asserting there would be nothing stopping lawmakers from revoking its requirement that cannabis businesses control every aspect of cultivation, distribution and sales; doing so would foster greater competition within the market place, according to him.
Voters this fall narrowly rejected Amendment 3, with 56 percent support–an overwhelming majority, yet still less than the 60 percent threshold required to amend the state constitution.
Florida Chamber of Commerce conducted a poll last week which demonstrated that marijuana legalization continues to have majority support within Florida; however, at 53% it still isn’t high enough to pass into law.
Smart and Safe Florida, the campaign behind Florida’s 2024 marijuana proposal, recently submitted an amended version in hopes of receiving another chance at passing legislation for 2026.
DeSantis said last month that the latest legalization initiative is in “major trouble” with the state Supreme Court, suggesting it might not go forward until next year’s voting season.
Last year, Governor Snyder predicted correctly that the 2024 cannabis measure from his campaign would withstand legal scrutiny by the attorney general; it remains unclear why he believes a different outcome for this version would emerge.
Smart and Safe Florida made certain modifications in 2026 version that appear responsive to criticism raised against it during 2024 push.
At present, this law explicitly forbids smoking or vaping marijuana in public places; yet another section asserts that legislation must approve regulations to govern “time, place and manner” for public marijuana consumption.
There is also new clarifying language prohibiting sales of marijuana products that appeal to children in any way.
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This latest iteration goes further by explicitly noting that nothing in this proposal would prohibit legislature from providing for home cultivation of marijuana by adults for personal use and reasonable regulation, an assurance which may assuage some advocates who criticized its lack of home grow options in its original version.
One Florida Republican senator alleges that legalization efforts “duped” President Donald Trump into supporting their measure by misinforming both him and the general public of its terms.
Before the election, Trump said in September he believed Amendment 3 would be positive for California. Before making his remarks, he met with Trulieve CEO Kim Rivers as well as with an official from Trulieve who supports reform.
While Donald Trump initially supported Florida’s cannabis initiative and federal rescheduling/banking access for industry banks, he has become relatively silent since and his cabinet choices vary on their views on marijuana policy issues.
CRS recently issued a report concluding that Trump will navigate marijuana policy during his second term and it remains uncertain if Drug Enforcement Administration (DEA) will approve their proposed rule to reschedule cannabis.
Studies Show That Opioids Prescriptions Decreasing in States That Legalized Marijuana, Suggest Some Pain Patients Prefer Cannabis.
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