Edited May 30, 2023
Qualified patients can designate a caregiver to assist them, someone who has the legal right to assist with the medical use of marijuana (cannabis) and can legally purchase and possess it for use by that patient. Beginning June 12, 2023, in accordance with section 381.986(6)(b)6., Florida Statutes, and the Department of Health’s Emergency Rule 64ER23-2, all NON-CLOSE RELATIVES applying for a caregiver identification (ID) card must complete a level 2 background screening through a Livescan Service Provider.
What does this change in the law mean?
There will be 2 types medical marijuana caregivers: close or non-close relatives. Each type will certify for a Marijuana Use Registry Caregiver Identification (ID) Card differently. Many certified patients rely on caregivers to assist them with medical marijuana. In order to help you plan ahead, we’ve broken down what a “close relative” means, changes to the certification process for both close and non-close relatives, and what currently certified caregivers will need to do when renewing their ID card.
Definition of “Close Relative”
Per Florida Law, a close relative for medical marijuana caregiver certification is defined as
- Spouse
- Parent/Step-Parent
- Child/Step-Child
- Grandparent/Step-Grandparent
- Grandchild/Step-Grandchild
- Sibling/Step-Sibling
All other relations are considered non-close relatives and will need to submit a background check. Jump to Non-Close Relative instructions.
Our process here at Southern Comfort Marijuana Clinic remains the same – caregivers only have to contact us to get entered into the registry. From there, your next steps toward certification are based on whether you’re a close relative or non-close relative.
Close Relative Medical Marijuana Caregiver Certification
To be authorized as a close relative caregiver, our clinic has to add you to the patient’s profile in the Medical Marijuana Use Registry (MMUR).
1. Contact us to get started. You don’t have to come to our clinic; any consent form(s) can be signed electronically.
2. We’ll enter your information to enter into the Registry. There is no clinic fee (from Southern Comfort Marijuana Clinic) to register as a caregiver.
3. You’ll receive an email to from OMMU to complete your application.
4. Submit the Close Relative Acknowledgment Form (CRAF) to the OMMU. Click here to download the form from the OMMU.
The CRAF can be submitted in the Medical Marijuana Use Registry (MMUR), via email at [email protected], or mailed to P.O. Box 7618, Tallahassee, FL 32314 for review and approval.
Note, you may also submit supporting documentation of the claimed relationship. Examples include marriage certificates, birth certificates, adoption decrees.
By signing and completing this form, you are agreeing in writing to assist the qualified patient with their medical use of marijuana.
5. Once approved, the caregiver applicant will receive an email from the OMMU informing them that they may now apply for a caregiver MMUR ID card.
6. Apply for a Caregiver ID card. For more information on this application, click here.
Application Fees from OMMU: $75 application fee. If you pay online, there will be a $2.75 additional fee.
Non-Close Relative Medical Marijuana Caregiver Certification
For a non-close relative to be authorized as a medical marijuana caregiver, there is a different form and a required Level 2 Background Check to be completed.
1. Contact us to get started. You don’t have to come to our clinic; any consent form(s) can be signed electronically.
2. We’ll enter your information to enter into the Registry. There is no clinic fee (from Southern Comfort Marijuana Clinic) to register as a caregiver.
3. You’ll receive an email to from OMMU to complete your application.
4. Complete and submit the Caregiver Background Screening Acknowledgment and Information form to the OMMU via email at [email protected]. Click here to download this form.
Note, this acknowledgement form requires social security number as part of the background screening.
5. Background Check. Submit a full set of fingerprints to a Livescan Service Provider. At the time of submission, give to the Livescan Service Provider the ORI number FL924890Z (DOH – OFFICE OF MEDICAL MARIJUANA USE), ATTN: Caregiver.
*Please note, background screening results cannot be reviewed by the OMMU until the completed Caregiver Background Screening Acknowledgment and Information (see step 4) is received.
What is a Livescan background check?
Per the OMMU, “Livescan Service Providers are businesses that use a device that electronically takes your fingerprints and other information. The Livescan Service Provider then uploads that information to the Florida Dept. of Law Enforcement (FDLE) who in turn sends them to the Federal Bureau of Investigation (FBI) for a fingerprint background check.”
Click here to locate a Livescan Service Provider near you.
Fees for LiveScan
Inquire about cost when booking your LiveScan appointment. Charges are typically between $50 and $80.
Non-close relative caregiver applications may take longer to be reviewed/approved than close relative caregiver applications.
6. Upon successful passing of the background screening, the caregiver applicant will receive an email from the OMMU informing them that they may now apply for a caregiver MMUR ID card. For more information on this application, click here.
Application Fees from OMMU: $75 application fee. If you pay online, there will be a $2.75 additional fee.
Know ahead of time, the costs associated with this rule change for non-close relatives are going to be the application fee from OMMU + the LiveScan background check fee.
How this change effects current medical marijuana caregivers
All current caregivers are grandfathered in, but when it comes time to renew your ID card you will have to use the new forms.
Current Close Relatives
Before renewing your caregiver MMUR ID card, complete and submit the Close Relative Acknowledgment Form (CRAF) to the OMMU. Click here to download the form.
The CRAF can be submitted in the MMUR, via email at [email protected], or mailed to P.O. Box 7618, Tallahassee, FL 32314, for review and approval.
Once approved, the caregiver applicant will receive an email from the OMMU informing them that they may now submit a renewal application for a caregiver MMUR ID card.
Non-Close Relatives
Before renewing your MMUR ID card, complete and submit the Caregiver Background Screening Acknowledgment and Information Form to the OMMU via email at [email protected].
Then complete the background check through a Livescan Service Provider.
Locate a Livescan Service Provider near you.
Upon successful passing of the background screening, the caregiver applicant will receive an email from the OMMU informing them that they may now apply for a caregiver MMUR ID card.
Fingerprints of all caregivers required to undergo the level 2 background screening will be retained in the Applicant Fingerprint Retention and Notification Program (AFRNP). The annual fee for participation in the AFRNP is $6.00 and will be the responsibility of the caregiver to pay. There is no retention fee for the first year of participation.
Caregivers will be notified via email 180, 90 and 45 days before their yearly background screening retention fee is due. If a caregiver does not pay the $6 retention fee by the due date, they will be required to submit new fingerprints and complete a new background screening to qualify as a caregiver.
There are a few requirements to become a medical marijuana caregiver:
- A caregiver must not be a qualified physician and not be employed by or have an economic interest in a medical marijuana treatment center.
- Be 21 years of age or older and a resident of Florida.
- Agree in writing to assist with the qualified patient’s medical use of marijuana.
- Be registered in the medical marijuana use registry as a caregiver for no more than one qualified patient (see below for exceptions to this rule)
- Successfully complete a caregiver certification course developed by the Medical Marijuana Use Registry, which must be renewed every 2 years. For more information on the Caregiver Certification Course, click here. This course is built into the Medical Marijuana Use Registry and is free of charge. The OMMU Caregiver Refresher Guide is available as a study tool.
- If not closely related to the patient, the caregiver will have to pass a background check.
Being a Caregiver for More Than 1 Qualified Patient
There may be some instances where a person may be registered as a designated caregiver for more than one qualified patient, such as:
- The caregiver is a parent or legal guardian of more than one minor who is a qualified patient.
- The caregiver is a parent or legal guardian of more than one adult who is a qualified patient and who has an intellectual or developmental disability that prevents the patient from being able to protect or care for himself or herself without assistance or supervision.
- All qualified patients the caregiver has agreed to assist are admitted to a hospice program and have requested the assistance of that caregiver with the medical use of marijuana; the caregiver is an employee of the hospice; and the caregiver provides personal care or other services directly to clients of the hospice in the scope of that employment.
Rules to Follow as a Caregiver
A caregiver must be in immediate possession of his or her medical marijuana use registry identification card at all times when in possession of marijuana or a marijuana delivery device and must present his or her medical marijuana use registry identification card upon the request of a law enforcement officer.
A caregiver may not receive compensation, other than actual expenses incurred, for any services provided to the qualified patient.
If you have any questions, or would like to set up an appointment for registering as a caregiver, feel free to contact us.
