How To Request An MMJ Exception

Pursuant to the Emergency Rule 64ER22-8 that took effect on August 29th, 2022—patients will now notice that physician orders and recommendations entered after this date have set daily dose limits imposed by the OMMU. The total amount will not exceed 24,500mg of THC over an aggregate 70-day order period. Individual amounts per route are:Florida THC Limits

What Does This Mean To Me?

Most patients will not be affected by the change. However, for patients using medical marijuana to control chronic pain or those using it in conjunction with cancer treatments or RSO protocols— a request for an exception may need to be filed by your certifying doctor to exceed the mandated limits. Patients with tolerance or who use THC instead of other pharmaceuticals may also exceed the outlined limits.

What Amounts Can Be Requested?

This is a question for your certifying physician and will be most commonly determined case-by-case. The OMMU allows your doctor to fill out a Request For Exemption Form or RFE online, which will be reviewed by the OMMU and ruled on within 14 days of submission.

Individual milligrams of THC beyond the dose limits are at the request of the physician as is the amount of whole flower allowable per 35-day period. The OMMU has not released a memorandum on the determining factors that would prompt approval of the request vs a denial; however, so far, most legitimate submissions are likely to be approved.

How Is It Determined If I Am A Candidate For An Exception?

Each medical marijuana practice and certifying physician will likely have their individual criteria for determining who would benefit from an exception to the dosage limits. Some of the main things Compassionate Healthcare of Florida looks for when filing these exemption requests are:

  • Will the patient benefit from the increased THC?
  • Does the benefits outweigh the potential risks of the higher dosages and amounts?
  • Have they used the allotments in the past? If not, then no benefit exists from being recommended more.

How Will I Know If I Have Been Granted An Exception?

Exception Pending ApprovalOnce submitted by your marijuana doctor, the OMMU will decide on the request within 14-days. Once a decision is made, the OMMU will notify both the certifying physician and the patient by email. To get real-time updates, patients can also check their patient profile with the OMMU. Before approval, the requested amounts are shown as “pending” as in the image above. Patients can not exceed the standard mg or whole flower limits until the OMMU decides and the pending status is removed.

What Happens If I Was Approved For More Flower? Can’t You Only Possess 4 Ounces At A Time?

Posession LimitIf the state approved your physician’s request for more flower, you would be able to possess 1.6X the ordered amount of smokeable flower. For example, if you were approved for 4 OZ per 35-day period, you may possess a total weight of 6.4 OZ.

Getting Your Exception

If you are a patient who uses more than the new limits outlined in the Emergency Rule, (either 24,500 mg of THC per 70-days or 2.5 Oz of smokable flower per 35-days) let your certifying physician know at your appointment so they can discuss submitting an Exception Request on your behalf. To see one of our certifying doctors in the SW Florida area, contact us or call/text 833-633-3665.