Chronic Nonmalignant Pain and Florida Medical Marijuana
Sometimes. Florida lists chronic nonmalignant pain at § 381.986(2)(m), but defines it narrowly: pain caused by, or originating from, a qualifying medical condition that persists beyond the usual course of that condition. The physician must connect your pain to a qualifying condition during an in-person exam.
How does Florida law define chronic nonmalignant pain?
Section 381.986(1)(c) says: "Chronic nonmalignant pain" means "pain that is caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition."
It is listed as paragraph (m) of the qualifying conditions:
Florida law lists: cancer; epilepsy; glaucoma; positive HIV status; AIDS; post-traumatic stress disorder (PTSD); ALS; Crohn's disease; Parkinson's disease; multiple sclerosis; conditions of the same kind or class as or comparable to those; a terminal condition diagnosed by a physician other than the certifying physician; and chronic nonmalignant pain.
What does that definition mean in practice?
Two things must be true. The pain must be caused by or originate from a qualifying medical condition, and it must have lasted beyond the usual course of that condition.
Pain by itself, with no qualifying condition behind it, does not fit this paragraph. The physician's job is to identify the underlying condition and document how the pain connects to it.
Does back pain or arthritis count?
Not automatically. Back pain, arthritis and similar problems are not named in the statute. The physician looks at what is causing the pain and whether that underlying condition is a qualifying one, including whether it is of the same kind or class as the listed conditions. A condition not named in the law can qualify if the physician judges it to be of the same kind or class as, or comparable to, the listed conditions. The physician must send supporting documentation to the state medical board within 14 days.
How long does the pain need to last?
The statute does not set a number of months. It says the pain must persist beyond the usual course of the qualifying condition behind it.
The physician judges that from your history and records, so a clear timeline of when the pain started and how it has changed is useful.
Which records should I bring?
- Records that diagnose the condition behind your pain
- Imaging reports, such as MRI, CT or X-ray
- Notes from orthopedic, pain management, neurology or rheumatology visits
- A timeline showing how long the pain has lasted
- Physical therapy, injection or surgery records
- A complete list of current pain and other medicines
Why does the physician review my prescription history?
It is required. Under § 381.986(4)(a)5., the physician must review your controlled-substance prescription history in the state's prescription drug monitoring database before certifying. Bring an accurate medication list so nothing is a surprise.
What happens at the visit and after?
Before an initial certification, the physician must do an in-person physical exam, meaning the physician is physically in the same room as the patient. The physician examines you, reviews your records and goes over the informed consent form.
If you are certified, the re-evaluation schedule is: at least once every 30 weeks. Telehealth is allowed only for renewals: a physician who already certified the patient after an in-person physical exam may do that patient's later exams and re-evaluations by telehealth.
Common questions.
Can I qualify with chronic pain alone?
Not under Florida's definition. The pain must be caused by or originate from a qualifying medical condition and persist beyond that condition's usual course. The physician decides whether your history meets that standard.
What does "nonmalignant" mean here?
In medicine, nonmalignant means not caused by cancer. Cancer itself is a separate qualifying condition under § 381.986(2)(a), so the physician will consider which category fits your history.
Do I need an MRI?
Florida law does not require a specific test. Imaging reports are often the clearest way to show the condition behind your pain, so bring any you have.
Should I stop my prescribed pain medicine?
No. Do not change prescribed medicines on your own. Talk with the prescribing clinician, and tell the certifying physician everything you take.
What if I don't qualify?
The physician will explain why and no certification is issued. Ask what documentation would be needed if you want to be evaluated again in the future.
Bring the records behind your pain
Book an in-person evaluation in Temple Terrace. The physician will review whether your history meets Florida's definition.
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