Florida SB 182 (2019): What Changed for Smokable Marijuana
What did Florida’s 2019 medical marijuana law change? Senate Bill 182, approved by the Governor and effective March 18, 2019 (chapter 2019-1), added smoking to the legal medical use of marijuana in Florida. Smoking with a qualified physician’s certification is still allowed today under section 381.986 of the Florida Statutes, with the limits below.
Some people opposed smoking as a medical route because of the health risks of smoking any substance, but the bill made it legal. It also set limits that patients should know, and they still apply today.
What Does Florida Require Before a Patient Can Smoke?
First, those who wish to smoke have to be informed of the dangers of smoking and sign an informed consent form that details the risks. The statute lists what the form must cover, including the federal classification of marijuana and the potential for addiction. Today the physician must use the standardized informed consent form the Board of Medicine and the Board of Osteopathic Medicine adopted in rule, and the patient signs it each time a certification is issued.
Second, for a patient who does not have a terminal condition, the qualified physician must send the board the other routes tried and how well they worked, research on smoking for the same condition, and a signed statement that the benefits of smoking outweigh the risks. The two boards were required to adopt practice standards for certifying smoking by July 1, 2021.
How Much Smokable Marijuana Can a Patient Order and Keep?
There are limits to how much smokable marijuana a patient can order at a time and how much they can possess. These differ from the limits given for other forms of medical marijuana in Florida. These limits are:
- A treatment center may dispense no more than one 35-day supply of smokable marijuana in any 35-day period, and a 35-day supply may not exceed 2.5 ounces unless the Department of Health approves an exception.
- A patient may not possess more than 4 ounces of smokable marijuana at any time, or a larger amount the Department of Health approves, and all marijuana purchased must remain in its original packaging.
- The certification is good for up to six 35-day supply limits.
This means patients and caregivers need to track how much smokable marijuana is left over from each supply so they stay under the possession limit, and work with the physician to stay within the certification.
How Must Smokable Marijuana Be Packaged?
A Medical Marijuana Treatment Center must sell smokable marijuana in a sealed, plain, opaque, white container with a warning that marijuana smoke contains carcinogens and may negatively affect health, and a warning to keep it away from children. Any treatment center you choose can fill a smokable order only if the amount and type match the certification your physician entered in the registry.
Can a Current Patient Switch to Smokable Marijuana?
If you already have a medical marijuana certification, this does not mean that you can switch to smokable marijuana. You will need to go back to your qualified physician and have the certification updated to include it. Your physician must update the registry within 7 days of the change, and a center cannot fill a smokable order until that update is in. Until then, a treatment center can fill only what your current certification in the registry allows.
Can Patients Under 18 Smoke Medical Marijuana in Florida?
Florida law also allows smoking marijuana by patients under 18 if they have a terminal condition. The certifying physician must find smoking to be the most effective route, a pediatrician with specialty certification must agree as the second physician, and both the medical record and the registry must record it. Please note that our practice does not see minors.
Last updated October 16, 2026 by the Dr. Green Relief Editorial Team.
Medical review
Medically reviewed by Achilles Kalnoky, M.D.
Reviewed on .
He is licensed in Florida as a medical doctor, license ME115088, which you can check on the Florida Department of Health license lookup.
His review covers the medical statements in this post and the sources cited for them.
