Bill Text: FL S0182 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Medical Use of Marijuana
Spectrum: Bipartisan Bill
Status: (Passed) 2019-03-18 - Chapter No. 2019-1 [S0182 Detail]
Download: Florida-2019-S0182-Comm_Sub.html
Bill Title: Medical Use of Marijuana
Spectrum: Bipartisan Bill
Status: (Passed) 2019-03-18 - Chapter No. 2019-1 [S0182 Detail]
Download: Florida-2019-S0182-Comm_Sub.html
Florida Senate - 2019 CS for CS for CS for SB 182 By the Committees on Rules; Innovation, Industry, and Technology; and Health Policy; and Senators Brandes and Stewart 595-02513-19 2019182c3 1 A bill to be entitled 2 An act relating to the medical use of marijuana; 3 amending s. 381.986, F.S.; redefining the term 4 “marijuana delivery device” to eliminate the 5 requirement that such devices must be purchased from a 6 medical marijuana treatment center; redefining the 7 term “medical use” to include the possession, use, or 8 administration of marijuana in a form for smoking; 9 restricting the smoking of marijuana in enclosed 10 indoor workplaces; conforming a provision to changes 11 made by the act; requiring a patient’s informed 12 consent form to include the risks specifically 13 associated with smoking marijuana; prohibiting a 14 physician from certifying a patient under 18 years of 15 age to smoke marijuana for medical use unless the 16 patient is diagnosed with a terminal condition and the 17 physician makes a certain determination in concurrence 18 with a second physician who is a pediatrician; 19 conforming a provision to changes made by the act; 20 requiring the Board of Medicine and the Board of 21 Osteopathic Medicine to adopt certain practice 22 standards by rule; requiring the Department of Health 23 to provide the boards with certain information from 24 the medical marijuana use registry, as necessary; 25 establishing supply limits for physician 26 certifications for marijuana in a form for smoking; 27 requiring each medical marijuana treatment center to 28 produce and make available for purchase at least one 29 type of pre-rolled marijuana cigarette; requiring that 30 marijuana in a form for smoking meet certain packaging 31 and labeling requirements; requiring a medical 32 marijuana treatment center to ensure that a marijuana 33 delivery device meets certain packaging and labeling 34 requirements; requiring the department to adopt rules 35 specifying certain packaging and labeling requirements 36 for marijuana delivery devices; prohibiting a medical 37 marijuana treatment center from dispensing more than a 38 specified supply limit of marijuana in a form for 39 smoking; deleting a provision prohibiting a medical 40 marijuana treatment center from dispensing or selling 41 specified products; allowing marijuana delivery 42 devices to be purchased from a vendor other than a 43 medical marijuana treatment center; providing 44 applicability; amending s. 1004.4351, F.S.; renaming 45 the Coalition for Medical Marijuana Research and 46 Education as the Consortium for Medical Marijuana 47 Clinical Outcomes Research; establishing the 48 consortium for a specified purpose; renaming the 49 Medical Marijuana Research and Education Board as the 50 Medical Marijuana Research Board; requiring the board 51 to direct the operations of the consortium; providing 52 membership of the board; providing for the appointment 53 of a consortium director; providing duties of the 54 consortium director; requiring the board to annually 55 adopt a plan for medical marijuana research; requiring 56 the plan to include specified information; providing 57 research requirements for the plan; requiring the 58 board to issue an annual report to the Governor and 59 Legislature by a specified date; requiring the 60 department to submit certain data sets to the board; 61 amending s. 381.987, F.S.; conforming provisions to 62 changes made by the act; repealing proviso language in 63 s. 3, ch. 2018-9, Laws of Florida, relating to 64 salaries and benefits positions and other personnel 65 services of the department; providing an effective 66 date. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. Paragraphs (g) and (j) of subsection (1), 71 subsection (4), paragraph (e) of subsection (8), and subsections 72 (14) and (15) of section 381.986, Florida Statutes, are amended 73 to read: 74 381.986 Medical use of marijuana.— 75 (1) DEFINITIONS.—As used in this section, the term: 76 (g) “Marijuana delivery device” means an object used, 77 intended for use, or designed for use in preparing, storing, 78 ingesting, inhaling, or otherwise introducing marijuana into the 79 human body, and which is dispensed from a medical marijuana 80 treatment center for medical use by a qualified patient, except 81 that delivery devices intended for the medical use of marijuana 82 by smoking need not be dispensed from a medical marijuana 83 treatment center in order to qualify as marijuana delivery 84 devices. 85 (j) “Medical use” means the acquisition, possession, use, 86 delivery, transfer, or administration of marijuana authorized by 87 a physician certification. The term does not include: 88 1. Possession, use, or administration of marijuana that was 89 not purchased or acquired from a medical marijuana treatment 90 center. 91 2. Possession, use, or administration of marijuana ina92form for smoking, inthe form of commercially produced food 93 items other than edibles,or of marijuana seedsor flower,94except for flower in a sealed, tamper-proof receptacle for95vaping. 96 3. Use or administration of any form or amount of marijuana 97 in a manner that is inconsistent with the qualified physician’s 98 directions or physician certification. 99 4. Transfer of marijuana to a person other than the 100 qualified patient for whom it was authorized or the qualified 101 patient’s caregiver on behalf of the qualified patient. 102 5. The smoking of marijuana in an enclosed indoor workplace 103 as defined in s. 386.203(5). 104 6.5.Use or administration of marijuana in the following 105 locations: 106 a. On any form of public transportation, except for low-THC 107 cannabis. 108 b. In any public place, except for low-THC cannabis. 109 c. In a qualified patient’s place of employment, except 110 when permitted by his or her employer. 111 d. In a state correctional institution, as defined in s. 112 944.02, or a correctional institution, as defined in s. 944.241. 113 e. On the grounds of a preschool, primary school, or 114 secondary school, except as provided in s. 1006.062. 115 f. In a school bus, a vehicle, an aircraft, or a motorboat, 116 except for low-THC cannabis. 117 118 For the purposes of this subparagraph, the exceptions for low 119 THC cannabis do not include the smoking of low-THC cannabis. 120 (4) PHYSICIAN CERTIFICATION.— 121 (a) A qualified physician may issue a physician 122 certification only if the qualified physician: 123 1. Conducted a physical examination while physically 124 present in the same room as the patient and a full assessment of 125 the medical history of the patient. 126 2. Diagnosed the patient with at least one qualifying 127 medical condition. 128 3. Determined that the medical use of marijuana would 129 likely outweigh the potential health risks for the patient, and 130 such determination must be documented in the patient’s medical 131 record. If a patient is younger than 18 years of age, a second 132 physician must concur with this determination, and such 133 concurrence must be documented in the patient’s medical record. 134 4. Determined whether the patient is pregnant and 135 documented such determination in the patient’s medical record. A 136 physician may not issue a physician certification, except for 137 low-THC cannabis, to a patient who is pregnant. 138 5. Reviewed the patient’s controlled drug prescription 139 history in the prescription drug monitoring program database 140 established pursuant to s. 893.055. 141 6. Reviews the medical marijuana use registry and confirmed 142 that the patient does not have an active physician certification 143 from another qualified physician. 144 7. Registers as the issuer of the physician certification 145 for the named qualified patient on the medical marijuana use 146 registry in an electronic manner determined by the department, 147 and: 148 a. Enters into the registry the contents of the physician 149 certification, including the patient’s qualifying condition and 150 the dosage not to exceed the daily dose amount determined by the 151 department, the amount and forms of marijuana authorized for the 152 patient, and any types of marijuana delivery devices needed by 153 the patient for the medical use of marijuana. 154 b. Updates the registry within 7 days after any change is 155 made to the original physician certification to reflect such 156 change. 157 c. Deactivates the registration of the qualified patient 158 and the patient’s caregiver when the physician no longer 159 recommends the medical use of marijuana for the patient. 160 8. Obtains the voluntary and informed written consent of 161 the patient for medical use of marijuana each time the qualified 162 physician issues a physician certification for the patient, 163 which shall be maintained in the patient’s medical record. The 164 patient, or the patient’s parent or legal guardian if the 165 patient is a minor, must sign the informed consent acknowledging 166 that the qualified physician has sufficiently explained its 167 content. The qualified physician must use a standardized 168 informed consent form adopted in rule by the Board of Medicine 169 and the Board of Osteopathic Medicine, which must include, at a 170 minimum, information related to: 171 a. The Federal Government’s classification of marijuana as 172 a Schedule I controlled substance. 173 b. The approval and oversight status of marijuana by the 174 Food and Drug Administration. 175 c. The current state of research on the efficacy of 176 marijuana to treat the qualifying conditions set forth in this 177 section. 178 d. The potential for addiction. 179 e. The potential effect that marijuana may have on a 180 patient’s coordination, motor skills, and cognition, including a 181 warning against operating heavy machinery, operating a motor 182 vehicle, or engaging in activities that require a person to be 183 alert or respond quickly. 184 f. The potential side effects of marijuana use. 185 g. The risks, benefits, and drug interactions of marijuana. 186 h. The risks specifically associated with smoking 187 marijuana. 188 i.h.That the patient’s de-identified health information 189 contained in the physician certification and medical marijuana 190 use registry may be used for research purposes. 191 192 A physician may not certify the medical use of marijuana by 193 smoking for a patient under 18 years of age unless the patient 194 is diagnosed with a terminal condition, the certifying physician 195 determines that smoking is the most effective means of 196 administering medical marijuana for the patient, and a second 197 physician who is a pediatrician concurs with that determination. 198 Such determination and concurrence must be documented in the 199 patient’s medical record. 200 (b) If a qualified physician issues a physician 201 certification for a qualified patient diagnosed with a 202 qualifying medical condition pursuant to paragraph (2)(k), the 203 physician must submit the following to the applicable board 204 within 14 days after issuing the physician certification: 205 1. Documentation supporting the qualified physician’s 206 opinion that the medical condition is of the same kind or class 207 as the conditions in paragraphs (2)(a)-(j). 208 2. Documentation that establishes the efficacy of marijuana 209 as treatment for the condition. 210 3. Documentation supporting the qualified physician’s 211 opinion that the benefits of medical use of marijuana would 212 likely outweigh the potential health risks for the patient. 213 4. Any other documentation as required by board rule. 214 215 The department must submit such documentation to the Consortium 216Coalitionfor Medical Marijuana Clinical Outcomes Researchand217Educationestablished pursuant to s. 1004.4351. 218 (c) The Board of Medicine and the Board of Osteopathic 219 Medicine shall each, by July 1, 2021, adopt by rule practice 220 standards for the certification of smoking as a route of 221 administration. The department shall provide the Board of 222 Medicine and the Board of Osteopathic Medicine information from 223 the medical marijuana use registry as necessary for the adoption 224 of practice standards under this paragraph. Such information may 225 not include a qualified physician’s, a qualified patient’s, or a 226 caregiver’s personal identifying information. 227 (d)(c)A qualified physician may not issue a physician 228 certification for more than three 70-day supply limits of 229 marijuana or six 35-day supply limits of marijuana in a form for 230 smoking. The department shall quantify by rule a daily dose 231 amount with equivalent dose amounts for each allowable form of 232 marijuana dispensed by a medical marijuana treatment center. The 233 department shall use the daily dose amount to calculate a 70-day 234 supply or a 35-day supply, as appropriate. 235 1. A qualified physician may request an exception to the 236 daily dose amount limit. The request shall be made 237 electronically on a form adopted by the department in rule and 238 must include, at a minimum: 239 a. The qualified patient’s qualifying medical condition. 240 b. The dosage and route of administration that was 241 insufficient to provide relief to the qualified patient. 242 c. A description of how the patient will benefit from an 243 increased amount. 244 d. The minimum daily dose amount of marijuana that would be 245 sufficient for the treatment of the qualified patient’s 246 qualifying medical condition. 247 2. A qualified physician must provide the qualified 248 patient’s records upon the request of the department. 249 3. The department shall approve or disapprove the request 250 within 14 days after receipt of the complete documentation 251 required by this paragraph. The request shall be deemed approved 252 if the department fails to act within this time period. 253 (e)(d)A qualified physician must evaluate an existing 254 qualified patient at least once every 30 weeks before issuing a 255 new physician certification. A physician must: 256 1. Determine if the patient still meets the requirements to 257 be issued a physician certification under paragraph (a). 258 2. Identify and document in the qualified patient’s medical 259 records whether the qualified patient experienced either of the 260 following related to the medical use of marijuana: 261 a. An adverse drug interaction with any prescription or 262 nonprescription medication; or 263 b. A reduction in the use of, or dependence on, other types 264 of controlled substances as defined in s. 893.02. 265 3. Submit a report with the findings required pursuant to 266 subparagraph 2. to the department. The department shall submit 267 such reports to the ConsortiumCoalitionfor Medical Marijuana 268 Clinical Outcomes Researchand Educationestablished pursuant to 269 s. 1004.4351. 270 (f)(e)An active order for low-THC cannabis or medical 271 cannabis issued pursuant to former s. 381.986, Florida Statutes 272 2016, and registered with the compassionate use registry before 273 June 23, 2017, is deemed a physician certification, and all 274 patients possessing such orders are deemed qualified patients 275 until the department begins issuing medical marijuana use 276 registry identification cards. 277 (g)(f)The department shall monitor physician registration 278 in the medical marijuana use registry and the issuance of 279 physician certifications for practices that could facilitate 280 unlawful diversion or misuse of marijuana or a marijuana 281 delivery device and shall take disciplinary action as 282 appropriate. 283 (h)(g)The Board of Medicine and the Board of Osteopathic 284 Medicine shall jointly create a physician certification pattern 285 review panel that shall review all physician certifications 286 submitted to the medical marijuana use registry. The panel shall 287 track and report the number of physician certifications and the 288 qualifying medical conditions, dosage, supply amount, and form 289 of marijuana certified. The panel shall report the data both by 290 individual qualified physician and in the aggregate, by county, 291 and statewide. The physician certification pattern review panel 292 shall, beginning January 1, 2018, submit an annual report of its 293 findings and recommendations to the Governor, the President of 294 the Senate, and the Speaker of the House of Representatives. 295 (i)(h)The department, the Board of Medicine, and the Board 296 of Osteopathic Medicine may adopt rules pursuant to ss. 297 120.536(1) and 120.54 to implement this subsection. 298 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 299 (e) A licensed medical marijuana treatment center shall 300 cultivate, process, transport, and dispense marijuana for 301 medical use. A licensed medical marijuana treatment center may 302 not contract for services directly related to the cultivation, 303 processing, and dispensing of marijuana or marijuana delivery 304 devices, except that a medical marijuana treatment center 305 licensed pursuant to subparagraph (a)1. may contract with a 306 single entity for the cultivation, processing, transporting, and 307 dispensing of marijuana and marijuana delivery devices. A 308 licensed medical marijuana treatment center must, at all times, 309 maintain compliance with the criteria demonstrated and 310 representations made in the initial application and the criteria 311 established in this subsection. Upon request, the department may 312 grant a medical marijuana treatment center a variance from the 313 representations made in the initial application. Consideration 314 of such a request shall be based upon the individual facts and 315 circumstances surrounding the request. A variance may not be 316 granted unless the requesting medical marijuana treatment center 317 can demonstrate to the department that it has a proposed 318 alternative to the specific representation made in its 319 application which fulfills the same or a similar purpose as the 320 specific representation in a way that the department can 321 reasonably determine will not be a lower standard than the 322 specific representation in the application. A variance may not 323 be granted from the requirements in subparagraph 2. and 324 subparagraphs (b)1. and 2. 325 1. A licensed medical marijuana treatment center may 326 transfer ownership to an individual or entity who meets the 327 requirements of this section. A publicly traded corporation or 328 publicly traded company that meets the requirements of this 329 section is not precluded from ownership of a medical marijuana 330 treatment center. To accommodate a change in ownership: 331 a. The licensed medical marijuana treatment center shall 332 notify the department in writing at least 60 days before the 333 anticipated date of the change of ownership. 334 b. The individual or entity applying for initial licensure 335 due to a change of ownership must submit an application that 336 must be received by the department at least 60 days before the 337 date of change of ownership. 338 c. Upon receipt of an application for a license, the 339 department shall examine the application and, within 30 days 340 after receipt, notify the applicant in writing of any apparent 341 errors or omissions and request any additional information 342 required. 343 d. Requested information omitted from an application for 344 licensure must be filed with the department within 21 days after 345 the department’s request for omitted information or the 346 application shall be deemed incomplete and shall be withdrawn 347 from further consideration and the fees shall be forfeited. 348 349 Within 30 days after the receipt of a complete application, the 350 department shall approve or deny the application. 351 2. A medical marijuana treatment center, and any individual 352 or entity who directly or indirectly owns, controls, or holds 353 with power to vote 5 percent or more of the voting shares of a 354 medical marijuana treatment center, may not acquire direct or 355 indirect ownership or control of any voting shares or other form 356 of ownership of any other medical marijuana treatment center. 357 3. A medical marijuana treatment center may not enter into 358 any form of profit-sharing arrangement with the property owner 359 or lessor of any of its facilities where cultivation, 360 processing, storing, or dispensing of marijuana and marijuana 361 delivery devices occurs. 362 4. All employees of a medical marijuana treatment center 363 must be 21 years of age or older and have passed a background 364 screening pursuant to subsection (9). 365 5. Each medical marijuana treatment center must adopt and 366 enforce policies and procedures to ensure employees and 367 volunteers receive training on the legal requirements to 368 dispense marijuana to qualified patients. 369 6. When growing marijuana, a medical marijuana treatment 370 center: 371 a. May use pesticides determined by the department, after 372 consultation with the Department of Agriculture and Consumer 373 Services, to be safely applied to plants intended for human 374 consumption, but may not use pesticides designated as 375 restricted-use pesticides pursuant to s. 487.042. 376 b. Must grow marijuana within an enclosed structure and in 377 a room separate from any other plant. 378 c. Must inspect seeds and growing plants for plant pests 379 that endanger or threaten the horticultural and agricultural 380 interests of the state in accordance with chapter 581 and any 381 rules adopted thereunder. 382 d. Must perform fumigation or treatment of plants, or 383 remove and destroy infested or infected plants, in accordance 384 with chapter 581 and any rules adopted thereunder. 385 7. Each medical marijuana treatment center must produce and 386 make available for purchase at least one low-THC cannabis 387 product. 388 8. Each medical marijuana treatment center must produce and 389 make available for purchase at least one type of pre-rolled 390 marijuana cigarette. 391 9.8.A medical marijuana treatment center that produces 392 edibles must hold a permit to operate as a food establishment 393 pursuant to chapter 500, the Florida Food Safety Act, and must 394 comply with all the requirements for food establishments 395 pursuant to chapter 500 and any rules adopted thereunder. 396 Edibles may not contain more than 200 milligrams of 397 tetrahydrocannabinol, and a single serving portion of an edible 398 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 399 may have a potency variance of no greater than 15 percent. 400 Edibles may not be attractive to children; be manufactured in 401 the shape of humans, cartoons, or animals; be manufactured in a 402 form that bears any reasonable resemblance to products available 403 for consumption as commercially available candy; or contain any 404 color additives. To discourage consumption of edibles by 405 children, the department shall determine by rule any shapes, 406 forms, and ingredients allowed and prohibited for edibles. 407 Medical marijuana treatment centers may not begin processing or 408 dispensing edibles until after the effective date of the rule. 409 The department shall also adopt sanitation rules providing the 410 standards and requirements for the storage, display, or 411 dispensing of edibles. 412 10.9.Within 12 months after licensure, a medical marijuana 413 treatment center must demonstrate to the department that all of 414 its processing facilities have passed a Food Safety Good 415 Manufacturing Practices, such as Global Food Safety Initiative 416 or equivalent, inspection by a nationally accredited certifying 417 body. A medical marijuana treatment center must immediately stop 418 processing at any facility which fails to pass this inspection 419 until it demonstrates to the department that such facility has 420 met this requirement. 421 11.10.When processing marijuana, a medical marijuana 422 treatment center must: 423 a. Process the marijuana within an enclosed structure and 424 in a room separate from other plants or products. 425 b. Comply with department rules when processing marijuana 426 with hydrocarbon solvents or other solvents or gases exhibiting 427 potential toxicity to humans. The department shall determine by 428 rule the requirements for medical marijuana treatment centers to 429 use such solvents or gases exhibiting potential toxicity to 430 humans. 431 c. Comply with federal and state laws and regulations and 432 department rules for solid and liquid wastes. The department 433 shall determine by rule procedures for the storage, handling, 434 transportation, management, and disposal of solid and liquid 435 waste generated during marijuana production and processing. The 436 Department of Environmental Protection shall assist the 437 department in developing such rules. 438 d. Test the processed marijuana using a medical marijuana 439 testing laboratory before it is dispensed. Results must be 440 verified and signed by two medical marijuana treatment center 441 employees. Before dispensing, the medical marijuana treatment 442 center must determine that the test results indicate that low 443 THC cannabis meets the definition of low-THC cannabis, the 444 concentration of tetrahydrocannabinol meets the potency 445 requirements of this section, the labeling of the concentration 446 of tetrahydrocannabinol and cannabidiol is accurate, and all 447 marijuana is safe for human consumption and free from 448 contaminants that are unsafe for human consumption. The 449 department shall determine by rule which contaminants must be 450 tested for and the maximum levels of each contaminant which are 451 safe for human consumption. The Department of Agriculture and 452 Consumer Services shall assist the department in developing the 453 testing requirements for contaminants that are unsafe for human 454 consumption in edibles. The department shall also determine by 455 rule the procedures for the treatment of marijuana that fails to 456 meet the testing requirements of this section, s. 381.988, or 457 department rule. The department may select a random sample from 458 edibles available for purchase in a dispensing facility which 459 shall be tested by the department to determine that the edible 460 meets the potency requirements of this section, is safe for 461 human consumption, and the labeling of the tetrahydrocannabinol 462 and cannabidiol concentration is accurate. A medical marijuana 463 treatment center may not require payment from the department for 464 the sample. A medical marijuana treatment center must recall 465 edibles, including all edibles made from the same batch of 466 marijuana, which fail to meet the potency requirements of this 467 section, which are unsafe for human consumption, or for which 468 the labeling of the tetrahydrocannabinol and cannabidiol 469 concentration is inaccurate. The medical marijuana treatment 470 center must retain records of all testing and samples of each 471 homogenous batch of marijuana for at least 9 months. The medical 472 marijuana treatment center must contract with a marijuana 473 testing laboratory to perform audits on the medical marijuana 474 treatment center’s standard operating procedures, testing 475 records, and samples and provide the results to the department 476 to confirm that the marijuana or low-THC cannabis meets the 477 requirements of this section and that the marijuana or low-THC 478 cannabis is safe for human consumption. A medical marijuana 479 treatment center shall reserve two processed samples from each 480 batch and retain such samples for at least 9 months for the 481 purpose of such audits. A medical marijuana treatment center may 482 use a laboratory that has not been certified by the department 483 under s. 381.988 until such time as at least one laboratory 484 holds the required certification, but in no event later than 485 July 1, 2018. 486 e. Package the marijuana in compliance with the United 487 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 488 1471 et seq. 489 f. Package the marijuana in a receptacle that has a firmly 490 affixed and legible label stating the following information: 491 (I) The marijuana or low-THC cannabis meets the 492 requirements of sub-subparagraph d. 493 (II) The name of the medical marijuana treatment center 494 from which the marijuana originates. 495 (III) The batch number and harvest number from which the 496 marijuana originates and the date dispensed. 497 (IV) The name of the physician who issued the physician 498 certification. 499 (V) The name of the patient. 500 (VI) The product name, if applicable, and dosage form, 501 including concentration of tetrahydrocannabinol and cannabidiol. 502 The product name may not contain wording commonly associated 503 with products marketed by or to children. 504 (VII) The recommended dose. 505 (VIII) A warning that it is illegal to transfer medical 506 marijuana to another person. 507 (IX) A marijuana universal symbol developed by the 508 department. 509 12.11.The medical marijuana treatment center shall include 510 in each package a patient package insert with information on the 511 specific product dispensed related to: 512 a. Clinical pharmacology. 513 b. Indications and use. 514 c. Dosage and administration. 515 d. Dosage forms and strengths. 516 e. Contraindications. 517 f. Warnings and precautions. 518 g. Adverse reactions. 519 13. In addition to the packaging and labeling requirements 520 in subparagraphs 11. and 12., marijuana in a form for smoking 521 must be packaged in a sealed receptacle with a legible and 522 prominent warning to keep away from children and a warning that 523 states marijuana smoke contains carcinogens and may negatively 524 affect health. Such receptacles for marijuana in a form for 525 smoking must be plain, opaque, and white without depictions of 526 the product or images other than the medical marijuana treatment 527 center’s department-approved logo and the marijuana universal 528 symbol. 529 14. Before dispensing a marijuana delivery device, a 530 medical marijuana treatment center must ensure that the 531 marijuana delivery device: 532 a. Has a firmly affixed, legible, and permanent label 533 showing the medical marijuana treatment center’s department 534 approved logo, including each individual marijuana cigarette or 535 wrapping paper. 536 b. Does not incorporate colors, shapes, forms, or designs 537 that are intended to make the marijuana delivery device 538 attractive to children or are likely, by their nature, to be 539 attractive to children. The department shall adopt rules 540 specifying allowable colors, shapes, forms, and designs for 541 marijuana delivery devices. 542 15.12.Each edible shall be individually sealed in plain, 543 opaque wrapping marked only with the marijuana universal symbol. 544 Where practical, each edible shall be marked with the marijuana 545 universal symbol. In addition to the packaging and labeling 546 requirements in subparagraphs 11. and 12.subparagraphs 10.and54711., edible receptacles must be plain, opaque, and white without 548 depictions of the product or images other than the medical 549 marijuana treatment center’s department-approved logo and the 550 marijuana universal symbol. The receptacle must also include a 551 list all of the edible’s ingredients, storage instructions, an 552 expiration date, a legible and prominent warning to keep away 553 from children and pets, and a warning that the edible has not 554 been produced or inspected pursuant to federal food safety laws. 555 16.13.When dispensing marijuana or a marijuana delivery 556 device, a medical marijuana treatment center: 557 a. May dispense any active, valid order for low-THC 558 cannabis, medical cannabis and cannabis delivery devices issued 559 pursuant to former s. 381.986, Florida Statutes 2016, which was 560 entered into the medical marijuana use registry before July 1, 561 2017. 562 b. May not dispense more than a 70-day supply of marijuana 563 or more than a 35-day supply of marijuana in a form for smoking 564 to a qualified patient or caregiver. A 35-day supply of 565 marijuana in a form for smoking may not exceed four ounces. 566 c. Must have the medical marijuana treatment center’s 567 employee who dispenses the marijuana or a marijuana delivery 568 device enter into the medical marijuana use registry his or her 569 name or unique employee identifier. 570 d. Must verify that the qualified patient and the 571 caregiver, if applicable, each have an active registration in 572 the medical marijuana use registry and an active and valid 573 medical marijuana use registry identification card, the amount 574 and type of marijuana dispensed matches the physician 575 certification in the medical marijuana use registry for that 576 qualified patient, and the physician certification has not 577 already been filled. 578 e. May not dispense marijuana to a qualified patient who is 579 younger than 18 years of age. If the qualified patient is 580 younger than 18 years of age, marijuana mayonlybe dispensed 581 only to the qualified patient’s caregiver. 582 f. May not dispense or sell any other type of cannabis, 583 alcohol, or illicit drug-related product, including pipes,584bongs, or wrapping papers,other than a marijuana delivery 585 device required for the medical use of marijuana and which is 586 specified in a physician certification. 587 g. Must, upon dispensing the marijuana or marijuana 588 delivery device, record in the registry the date, time, 589 quantity, and form of marijuana dispensed; the type of marijuana 590 delivery device dispensed; and the name and medical marijuana 591 use registry identification number of the qualified patient or 592 caregiver to whom the marijuana delivery device was dispensed. 593 h. Must ensure that patient records are not visible to 594 anyone other than the qualified patient, his or her caregiver, 595 and authorized medical marijuana treatment center employees. 596 (14) EXCEPTIONS TO OTHER LAWS.— 597 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 598 any other provision of law, but subject to the requirements of 599 this section, a qualified patient and the qualified patient’s 600 caregiver may purchase from a medical marijuana treatment center 601 for the patient’s medical use a marijuana delivery device and up 602 to the amount of marijuana authorized in the physician 603 certification, but may not possess more than a 70-day supply of 604 marijuana at any given time and all marijuana purchased must 605 remain in its original packaging. 606 (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135, 607 s. 893.147, or any other provision of law, a qualified patient 608 and the qualified patient’s caregiver may purchase and possess a 609 marijuana delivery device intended for the medical use of 610 marijuana by smoking from a vendor other than a medical 611 marijuana treatment center. 612 (c)(b)Notwithstanding s. 893.13, s. 893.135, s. 893.147, 613 or any other provision of law, but subject to the requirements 614 of this section, an approved medical marijuana treatment center 615 and its owners, managers, and employees may manufacture, 616 possess, sell, deliver, distribute, dispense, and lawfully 617 dispose of marijuana or a marijuana delivery device as provided 618 in this section, s. 381.988, and by department rule. For the 619 purposes of this subsection, the terms “manufacture,” 620 “possession,” “deliver,” “distribute,” and “dispense” have the 621 same meanings as provided in s. 893.02. 622 (d)(c)Notwithstanding s. 893.13, s. 893.135, s. 893.147, 623 or any other provision of law, but subject to the requirements 624 of this section, a certified marijuana testing laboratory, 625 including an employee of a certified marijuana testing 626 laboratory acting within the scope of his or her employment, may 627 acquire, possess, test, transport, and lawfully dispose of 628 marijuana as provided in this section, in s. 381.988, and by 629 department rule. 630 (e)(d)A licensed medical marijuana treatment center and 631 its owners, managers, and employees are not subject to licensure 632 or regulation under chapter 465 or chapter 499 for 633 manufacturing, possessing, selling, delivering, distributing, 634 dispensing, or lawfully disposing of marijuana or a marijuana 635 delivery device, as provided in this section, in s. 381.988, and 636 by department rule. 637 (f)(e)This subsection does not exempt a person from 638 prosecution for a criminal offense related to impairment or 639 intoxication resulting from the medical use of marijuana or 640 relieve a person from any requirement under law to submit to a 641 breath, blood, urine, or other test to detect the presence of a 642 controlled substance. 643 (g)(f)Notwithstanding s. 893.13, s. 893.135, s. 893.147, 644 or any other provision of law, but subject to the requirements 645 of this section and pursuant to policies and procedures 646 established pursuant to s. 1006.62(8), school personnel may 647 possess marijuana that is obtained for medical use pursuant to 648 this section by a student who is a qualified patient. 649 (h)(g)Notwithstanding s. 893.13, s. 893.135, s. 893.147, 650 or any other provision of law, but subject to the requirements 651 of this section, a research institute established by a public 652 postsecondary educational institution, such as the H. Lee 653 Moffitt Cancer Center and Research Institute, Inc., established 654 under s. 1004.43, or a state university that has achieved the 655 preeminent state research university designation under s. 656 1001.7065 may possess, test, transport, and lawfully dispose of 657 marijuana for research purposes as provided by this section. 658 (15) APPLICABILITY.— 659 (a) This section does not limit the ability of an employer 660 to establish, continue, or enforce a drug-free workplace program 661 or policy. 662 (b) This section does not require an employer to 663 accommodate the medical use of marijuana in any workplace or any 664 employee working while under the influence of marijuana. 665 (c) This section does not create a cause of action against 666 an employer for wrongful discharge or discrimination. 667 (d) This section does not impair the ability of any party 668 to restrict or limit smoking on his or her private property. 669 (e) This section does not prohibit the medical use of 670 marijuana, or a caregiver assisting with the medical use of 671 marijuana, in a nursing home licensed under part II of chapter 672 400; in a hospice facility licensed under part IV of chapter 673 400; or in an assisted living facility licensed under part I of 674 chapter 429, if the medical use of marijuana is not prohibited 675 in the facility’s policies. 676 (f) Marijuana, as defined in this section, is not 677 reimbursable under chapter 440. 678 Section 2. Section 1004.4351, Florida Statutes, is amended 679 to read: 680 1004.4351 Medical marijuana researchand education.— 681 (1) SHORT TITLE.—This section shall be known and may be 682 cited as the “Medical Marijuana Researchand EducationAct.” 683 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 684 (a) The present state of knowledge concerning the use of 685 marijuana to alleviate pain and treat illnesses is limited 686 because permission to perform clinical studies on marijuana is 687 difficult to obtain, with access to research-grade marijuana so 688 restricted that little or no unbiased studies have been 689 performed. 690 (b) Under the State Constitution, marijuana is available 691 for the treatment of certain debilitating medical conditions. 692 (c) Additional clinical studies are needed to ensure that 693 the residents of this state obtain the correct dosing, 694 formulation, route, modality, frequency, quantity, and quality 695 of marijuana for specific illnesses. 696 (d) An effective medical marijuana researchand education697 program would mobilize the scientific, educational,and medical 698 resources that presently exist in this state to determine the 699 appropriate and best use of marijuana to treat illness. 700 (3) DEFINITIONS.—As used in this section, the term: 701 (a) “Board” means the Medical Marijuana Researchand702EducationBoard. 703 (b) “Consortium”“Coalition”means the ConsortiumCoalition704 for Medical Marijuana Clinical Outcomes Researchand Education. 705 (c) “Marijuana” has the same meaning as provided in s. 29, 706 Art. X of the State Constitution. 707 (4) CONSORTIUMCOALITIONFOR MEDICAL MARIJUANA CLINICAL 708 OUTCOMES RESEARCHAND EDUCATION.— 709 (a) There is established within the H. Lee Moffitt Cancer 710 Center and Research Institute, Inc., the ConsortiumCoalition711 for Medical Marijuana Clinical Outcomes Research consisting of 712 public and private universitiesand Education. The purpose of 713 the consortiumcoalitionis to conduct rigorous scientific 714 research and, provide education,disseminate such research, and715guide policy for the adoption of a statewide policy on ordering716and dosing practices for the medical use of marijuana. The 717 consortiumcoalitionshall be physically located at the H. Lee 718 Moffitt Cancer Center and Research Institute, Inc. 719 (b) The Medical Marijuana Researchand EducationBoard is 720 established to direct the operations of the consortium 721coalition. The board shall be composed of a chairperson 722 appointed by the H. Lee Moffitt Cancer Center and Research 723 Institute, Inc., a member appointed by the University of 724 Florida, and a member representing each other participating 725 universityseven membersappointed by the president of the 726 universitythe chief executive officer of the H. Lee Moffitt727Cancer Center and Research Institute, Inc. Board members must 728 have experience in a variety of scientific and medical fields, 729 including, but not limited to, oncology, neurology, psychology, 730 pediatrics, nutrition, and addiction. Members shall be appointed 731 to 4-year terms and may be reappointed to serve additional 732 terms.The chair shall be elected by the board from among its733members to serve a 2-year term.The board shall meet at least 734 semiannually at the call of the chair or, in his or her absence 735 or incapacity, the vice chair. Four members constitute a quorum. 736 A majority vote of the members present is required for all 737 actions of the board. The board may prescribe, amend, and repeal 738 a charter governing the manner in which it conducts its 739 business. A board member shall serve without compensation but is 740 entitled to be reimbursed for travel expenses by the consortium 741coalitionor the organization he or she represents in accordance 742 with s. 112.061. 743 (c) The consortiumcoalitionshall be administered by a 744coalitiondirector, who shall be appointed by the H. Lee Moffitt 745 Cancer Center and Research Institute, Incand serve at the746pleasure of the board. Thecoalitiondirector shall, subject to 747 the approval of the board: 748 1. Propose a budget for the consortiumcoalition. 749 2. Foster the collaboration of scientists, researchers, and 750 other appropriate personnel in accordance with the consortium’s 751coalition’scharter. 752 3. Engage individuals in public and private university 753 programs relevant to the consortium’s work to participate in the 754 consortium. 755 4.3.Identify and prioritize the research to be conducted 756 by the consortiumcoalition. 757 5.4.Prepare a plan for medical marijuana researchthe758Medical Marijuana Research and Education Planfor submission to 759 the board. 760 6.5.Apply for grants to obtain funding for research 761 conducted by the consortiumcoalition. 762 7.6.Perform other duties as determined by the board. 763(d) The board shall advise the Board of Governors, the764State Surgeon General, the Governor, and the Legislature with765respect to medical marijuana research and education in this766state. The board shall explore methods of implementing and767enforcing medical marijuana laws in relation to cancer control,768research, treatment, and education.769 (d)(e)The board shall annually adopt a plan for medical 770 marijuana research. The plan shall organize a program of 771 research that contributes to the body of scientific knowledge on 772 the effects of the medical use of marijuana and informs both 773 policy and medical practice related to the treatment of 774 debilitating medical conditions with marijuana. Research shall 775 include tracking clinical outcomes, certification standards, 776 dosing standards, routes of administration, efficacy, and side 777 effects. Research must also include the study of the effects of 778 smoking marijuana to treat debilitating medical conditions. The 779 board must award funds to members of the consortium to perform 780 research consistent with the plan, known as the “Medical781Marijuana Research and Education Plan,” which must be in782accordance with state law and coordinate with existing programs783in this state. The plan must include recommendations for the784coordination and integration of medical, pharmacological,785nursing, paramedical, community, and other resources connected786with the treatment of debilitating medical conditions; research787related to the treatment of such medical conditions; and788education. 789 (e)(f)By February 15 of each year, the board shall issue a 790 report to the Governor, the President of the Senate, and the 791 Speaker of the House of Representatives on research projects, 792 research findings, community outreach initiatives, and future 793 plans for the consortiumcoalition. 794 (f)(g)Beginning August 1, 2019January 15, 2018, and 795 quarterly thereafter, the Department of Health shall submit to 796 the board a data set that includes, for each patient registered 797 in the medical marijuana use registry, the patient’s qualifying 798 medical condition and the daily dose amount, routes of 799 administration, and forms of marijuana certified for the 800 patient. The department shall also submit to the board a data 801 set for all patients registered in the medical marijuana use 802 registry before August 1, 2019. 803 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER 804 AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center 805 and Research Institute, Inc., shall allocate staff and provide 806 information and assistance, as the consortium’scoalition’s807 budget permits, to assist the board in fulfilling its 808 responsibilities. 809 Section 3. Paragraph (h) of subsection (2) and paragraph 810 (b) of subsection (3) of section 381.987, Florida Statutes, are 811 amended to read: 812 381.987 Public records exemption for personal identifying 813 information relating to medical marijuana held by the 814 department.— 815 (2) The department shall allow access to the confidential 816 and exempt information in the medical marijuana use registry to: 817 (h) The ConsortiumCoalitionfor Medical Marijuana Clinical 818 Outcomes Researchand Educationestablished in s. 1004.4351(4). 819 (3) The department shall allow access to the confidential 820 and exempt information pertaining to the physician certification 821 for marijuana and the dispensing thereof, whether in the 822 registry or otherwise held by the department, to: 823 (b) The ConsortiumCoalitionfor Medical Marijuana Clinical 824 Outcomes Researchand Educationpursuant to s. 381.986 for the 825 purpose of conducting research regarding the medical use of 826 marijuana. 827 Section 4. The proviso following Specific Appropriation 422 828 in section 3 of chapter 2018-9, Laws of Florida, and the proviso 829 following Specific Appropriation 424 in section 3 of chapter 830 2018-9, Laws of Florida, are repealed and the funds appropriated 831 by those specific appropriations which were affected by those 832 provisos are released from reserve. 833 Section 5. This act shall take effect upon becoming a law.