Epilepsy and Florida Medical Marijuana Certification
Yes. Epilepsy is listed in Florida's medical marijuana law at § 381.986(2)(b). A Florida qualified physician must examine you in person, confirm the diagnosis, usually from neurology records and your seizure history, and document that the likely benefits outweigh the risks. Patients under 18 need a second physician's agreement.
What does Florida law say about epilepsy?
Section 381.986(2)(b) names "Epilepsy" as a qualifying medical condition. The full statutory list reads:
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 is epilepsy?
MedlinePlus, from the U.S. National Library of Medicine, describes epilepsy as a brain disorder that causes people to have recurring seizures.
Which records confirm an epilepsy diagnosis?
Neurology records carry the most weight. Bring what you have of the following:
- Neurologist or epileptologist visit notes naming the diagnosis
- EEG reports, including any video-EEG monitoring summaries
- Brain MRI or CT reports
- A seizure log or diary showing type, frequency and recent events
- Your current anti-seizure medication list and past medications tried
- Emergency room or hospital records for seizure events
What does the in-person visit look like?
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 reviews your seizure history and records, checks your controlled-substance prescription history in the state database as the law requires, and goes over the state's informed consent form with you. That form covers topics such as effects on coordination and the warning against driving or operating heavy machinery.
How should I prepare for the visit?
Start or update a seizure log a few weeks ahead: the date, what happened and how long it lasted. Ask your neurologist's office for the latest visit note and EEG report.
If a seizure could happen on the way, arrange for someone to drive you and stay for the visit. Bring your current medication bottles or an exact list.
What extra rules apply to children with epilepsy?
Patients under 18 can qualify, but a second physician must agree that the benefits likely outweigh the risks, a parent or guardian must give written consent, and only a registered caregiver may buy or give the marijuana.
Smokable marijuana cannot be certified for a patient under 18 unless the patient has a terminal condition, the physician finds smoking the most effective route, and a second physician who is a board-certified pediatrician agrees, with the parent or guardian's written informed consent.
A parent or guardian registered as the caregiver handles purchases. A caregiver must be a Florida resident age 21 or older, agree in writing to help, complete a state caregiver course (renewed every two years), pass a background screening unless a close relative of the patient, hold a caregiver ID card, and generally assist only one patient. A caregiver cannot be a qualified physician or have ties to a dispensary, and may not be paid beyond actual expenses.
How often is re-evaluation required?
Re-evaluation schedule: at least once every 30 weeks, before each new certification. 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.
Do I need an EEG to qualify?
Florida law does not require a specific test. The physician needs enough information to confirm the diagnosis, and EEG reports and neurologist notes are the usual way to show it.
Should I stop or change my seizure medications?
No. Do not change any prescribed medication on your own. A certification does not replace your neurologist's care, and your neurologist should know about it.
My child has epilepsy. Who needs to be at the visit?
The child must be examined in person, and a parent or legal guardian signs the informed consent. A second physician must also agree with the certification, and that agreement is documented in the child's chart.
I had one seizure. Is that epilepsy?
Not necessarily. Epilepsy involves recurring seizures, and the diagnosis is a medical judgment based on your history and testing. Bring every record you have so the physician can review it.
Does epilepsy caused by a brain injury count?
Epilepsy has many possible causes, including brain injury. If a neurologist has diagnosed epilepsy, it falls under the listed condition, and the physician confirms the diagnosis from your records.
Bring your neurology records and seizure log
Book an in-person evaluation at the Temple Terrace office for yourself or your child.
Book your evaluation