What Florida Law Requires of Medical Marijuana Caregivers
Florida allows a registered “caregiver” to help a qualified medical marijuana patient obtain and use products legally, but the role is tightly defined in state law and administered through the Department of Health’s Medical Marijuana Use Registry (MMUR). Under Florida Statute §381.986, a caregiver is a Florida resident who agrees to assist a qualified patient with the medical use of marijuana and holds a caregiver identification card issued by the department.
Who can be a caregiver
State statute sets baseline eligibility requirements. A caregiver must be at least 21 years old, be a Florida resident, and agree in writing to assist the patient’s medical use. The caregiver may not be a qualified physician and may not be employed by, or hold an economic interest in, a medical marijuana treatment center (MMTC) or a marijuana testing laboratory.
Florida generally limits a caregiver to being registered for no more than one qualified patient. Likewise, a qualified patient generally may designate no more than one caregiver. The statute includes specific exceptions, such as when the patient is a minor and the caregiver is a parent or legal guardian, when the patient is admitted to hospice, or in certain approved research settings.
Registration, screening, and training
To act as a caregiver, a person must be entered into the MMUR and obtain or renew a Registry Identification Card. The Office of Medical Marijuana Use (OMMU) publishes step-by-step instructions for initial applications, renewals, and changes, including annual card renewal through the Registry.
Florida law also requires most caregivers to pass a Level 2 background screening, unless the patient is a “close relative” as recognized by the program. OMMU provides specific background screening forms and instructions tied to §381.986’s screening provisions.
In addition, caregivers must successfully complete a department-developed caregiver certification course and renew it biennially (every two years).
Core responsibilities and practical compliance
A caregiver’s day-to-day responsibilities center on lawful acquisition and handling for the designated patient. Practically, that means purchasing and picking up products from MMTCs using the caregiver’s active Registry ID card and ensuring purchases align with the physician-entered orders and state dispensing records maintained in the MMUR.
Caregivers should also treat the Registry ID card like a “must-carry” document when transporting or possessing medical marijuana for the patient. Florida law enforcement reference materials emphasize maintaining proof of authorization when in possession.
Just as important are the prohibitions. The caregiver’s authority is not a general license to possess or distribute cannabis. Products are for the caregiver’s designated patient only, and any diversion—sharing, selling, or using outside the patient’s authorization—can expose both parties to serious legal risk and loss of Registry privileges. The safest approach is to keep products secured, track what is purchased and administered, and follow the qualified physician’s authorized routes and quantities. When unsure, caregivers should contact OMMU or the physician directly.
Summary
Florida’s caregiver framework is designed to help patients who need assistance—such as minors, hospice patients, or adults who cannot reliably manage procurement—while keeping strict controls on access. Anyone considering becoming a caregiver should start with the requirements in §381.986 and the OMMU’s published application and screening guidance, then maintain ongoing compliance through renewals, training, and careful handling at home and during transport.
Recommended read: The Future of U.S. Medical Cannabis Under Federal Law