Bill Text: FL S0372 | 2019 | Regular Session | Introduced
Bill Title: Smoking Marijuana for Medical Use
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Health Policy, companion bill(s) passed, see CS/CS/CS/SB 182 (Ch. 2019-1) [S0372 Detail]
Download: Florida-2019-S0372-Introduced.html
Florida Senate - 2019 SB 372 By Senator Farmer 34-00715-19 2019372__ 1 A bill to be entitled 2 An act relating to smoking marijuana for medical use; 3 amending s. 381.986, F.S.; redefining terms to 4 authorize the production, processing, transportation, 5 sale, possession, and administration of marijuana in a 6 form for smoking for medical use; removing the 7 requirement that marijuana delivery devices only be 8 dispensed by medical marijuana treatment centers; 9 deleting a provision requiring specified parties to be 10 able to access the medical marijuana use registry to 11 verify the authorization of a qualified patient or a 12 caregiver to possess a marijuana delivery device; 13 removing the requirement that a caregiver be in 14 immediate possession of his or her medical marijuana 15 use registry identification card when in possession of 16 a marijuana delivery device; deleting provisions 17 prohibiting a medical marijuana treatment center from 18 contracting for certain services related to marijuana 19 delivery devices; conforming provisions to changes 20 made by the act; removing the requirement that at 21 least two persons be in a vehicle transporting 22 marijuana delivery devices; removing the requirement 23 that safety and security training be provided to 24 employees transporting or delivering marijuana 25 delivery devices; revising grounds for a criminal 26 penalty to remove the requirement that a qualified 27 patient or caregiver present his or her medical 28 marijuana use registry identification card when in 29 possession of a marijuana delivery device under 30 certain circumstances; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Paragraphs (g), (j), (k), and (n) of subsection 35 (1), paragraph (a) of subsection (5), paragraph (g) of 36 subsection (6), paragraphs (e) and (g) of subsection (8), and 37 paragraph (e) of subsection (12) of section 381.986, Florida 38 Statutes, are amended to read: 39 381.986 Medical use of marijuana.— 40 (1) DEFINITIONS.—As used in this section, the term: 41 (g) “Marijuana delivery device” means an object in the 42 possession of a caregiver or a qualified patient which is used, 43 intended for use, or designed for use in preparing, storing, 44 ingesting, burning, or inhaling marijuana,or otherwise 45 introducing marijuana into the human body, and which is46dispensed from a medical marijuana treatment center for medical47use by a qualified patient. The term includes, but is not 48 limited to, a cartridge, a grinder, a pipe, rolling papers, a 49 syringe, or a vaporizer. 50 (j) “Medical use” means the acquisition, possession, use, 51 delivery, transfer, or administration of marijuana authorized by 52 a physician certification. 53 1. The term includes the possession, use, or administration 54 of marijuana in a form for smoking. 55 2. The term does not include: 56 a.1.The possession, use, or administration of marijuana 57 that was not purchased or acquired from a medical marijuana 58 treatment center. 59 b.2.The possession, use, or administration of marijuanain60a form for smoking,in the form of commercially produced food 61 items other than edibles,or of marijuana seedsor flower,62except for flower in a sealed, tamper-proof receptaclefor63vaping. 64 c.3.The use or administration of any form or amount of 65 marijuana in a manner that is inconsistent with the qualified 66 physician’s directions or physician certification. 67 d.4.The transfer of marijuana to a person other than the 68 qualified patient for whom it was authorized or the qualified 69 patient’s caregiver on behalf of the qualified patient. 70 e.5.The use or administration of marijuana on or in any of 71 the followinglocations: 72 (I)a.OnAny form of public transportation. This sub-sub 73 subparagraph does not apply to the use or administration of,74except forlow-THC cannabis. 75 (II)b.InAny public place. This sub-sub-subparagraph does 76 not apply to the use or administration of, except forlow-THC 77 cannabis. 78 (III)c.InA qualified patient’s place of employment, 79 except when permitted by his or her employer. 80 (IV)d.InA state correctional institution, as defined in 81 s. 944.02, or a correctional institution, as defined in s. 82 944.241. 83 (V)e.OnThe grounds of a preschool, primary school, or 84 secondary school, except as provided in s. 1006.062. 85 (VI)f.InA school bus, a vehicle, an aircraft, or a 86 motorboat. This sub-sub-subparagraph does not apply to the use 87 or administration of, except forlow-THC cannabis. 88 (k) “Physician certification” means a qualified physician’s 89 authorization for a qualified patient to receive marijuanaand a90marijuana delivery devicefrom a medical marijuana treatment 91 center or marijuana delivery devices needed by the qualified 92 patient for medical use. 93 (n) “Smoking” means the inhalation of the smoke of burning 94 marijuana contained or held in a marijuana delivery deviceor95ignitinga substance and inhaling the smoke. 96 (5) MEDICAL MARIJUANA USE REGISTRY.— 97 (a) The department shall create and maintain a secure, 98 electronic, and online medical marijuana use registry for 99 physicians, patients, and caregivers as provided under this 100 section. The medical marijuana use registry must be accessible 101 to law enforcement agencies, qualified physicians, and medical 102 marijuana treatment centers to verify the authorization of a 103 qualified patient or a caregiver to possess marijuanaor a104marijuana delivery deviceand record the marijuana or marijuana 105 delivery device dispensed. The medical marijuana use registry 106 must also be accessible to practitioners licensed to prescribe 107 prescription drugs to ensure proper care for patients before 108 medications that may interact with the medical use of marijuana 109 are prescribed. The medical marijuana use registry must prevent 110 an active registration of a qualified patient by multiple 111 physicians. 112 (6) CAREGIVERS.— 113 (g) A caregiver must be in immediate possession of his or 114 her medical marijuana use registry identification card at all 115 times when in possession of marijuanaor a marijuana delivery116deviceand must present his or her medical marijuana use 117 registry identification card upon the request of a law 118 enforcement officer. 119 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 120 (e) A licensed medical marijuana treatment center shall 121 cultivate, process, transport, and dispense marijuana for 122 medical use. A licensed medical marijuana treatment center may 123 not contract for services directly related to the cultivation, 124 processing, and dispensing of marijuanaor marijuana delivery125devices, except that a medical marijuana treatment center 126 licensed pursuant to subparagraph (a)1. may contract with a 127 single entity for the cultivation, processing, transporting, and 128 dispensing of marijuanaand marijuana delivery devices. A 129 licensed medical marijuana treatment center must, at all times, 130 maintain compliance with the criteria demonstrated and 131 representations made in the initial application and the criteria 132 established in this subsection. Upon request, the department may 133 grant a medical marijuana treatment center a variance from the 134 representations made in the initial application. Consideration 135 of such a request shall be based upon the individual facts and 136 circumstances surrounding the request. A variance may not be 137 granted unless the requesting medical marijuana treatment center 138 can demonstrate to the department that it has a proposed 139 alternative to the specific representation made in its 140 application which fulfills the same or a similar purpose as the 141 specific representation in a way that the department can 142 reasonably determine will not be a lower standard than the 143 specific representation in the application. A variance may not 144 be granted from the requirements in subparagraph 2. and 145 subparagraphs (b)1. and 2. 146 1. A licensed medical marijuana treatment center may 147 transfer ownership to an individual or entity who meets the 148 requirements of this section. A publicly traded corporation or 149 publicly traded company that meets the requirements of this 150 section is not precluded from ownership of a medical marijuana 151 treatment center. To accommodate a change in ownership: 152 a. The licensed medical marijuana treatment center shall 153 notify the department in writing at least 60 days before the 154 anticipated date of the change of ownership. 155 b. The individual or entity applying for initial licensure 156 due to a change of ownership must submit an application that 157 must be received by the department at least 60 days before the 158 date of change of ownership. 159 c. Upon receipt of an application for a license, the 160 department shall examine the application and, within 30 days 161 after receipt, notify the applicant in writing of any apparent 162 errors or omissions and request any additional information 163 required. 164 d. Requested information omitted from an application for 165 licensure must be filed with the department within 21 days after 166 the department’s request for omitted information or the 167 application shall be deemed incomplete and shall be withdrawn 168 from further consideration and the fees shall be forfeited. 169 170 Within 30 days after the receipt of a complete application, the 171 department shall approve or deny the application. 172 2. A medical marijuana treatment center, and any individual 173 or entity who directly or indirectly owns, controls, or holds 174 with power to vote 5 percent or more of the voting shares of a 175 medical marijuana treatment center, may not acquire direct or 176 indirect ownership or control of any voting shares or other form 177 of ownership of any other medical marijuana treatment center. 178 3. A medical marijuana treatment center may not enter into 179 any form of profit-sharing arrangement with the property owner 180 or lessor of any of its facilities where cultivation, 181 processing, storing, or dispensing of marijuana and marijuana 182 delivery devices occurs. 183 4. All employees of a medical marijuana treatment center 184 must be 21 years of age or older and have passed a background 185 screening pursuant to subsection (9). 186 5. Each medical marijuana treatment center must adopt and 187 enforce policies and procedures to ensure employees and 188 volunteers receive training on the legal requirements to 189 dispense marijuana to qualified patients. 190 6. When growing marijuana, a medical marijuana treatment 191 center: 192 a. May use pesticides determined by the department, after 193 consultation with the Department of Agriculture and Consumer 194 Services, to be safely applied to plants intended for human 195 consumption, but may not use pesticides designated as 196 restricted-use pesticides pursuant to s. 487.042. 197 b. Must grow marijuana within an enclosed structure and in 198 a room separate from any other plant. 199 c. Must inspect seeds and growing plants for plant pests 200 that endanger or threaten the horticultural and agricultural 201 interests of the state in accordance with chapter 581 and any 202 rules adopted thereunder. 203 d. Must perform fumigation or treatment of plants, or 204 remove and destroy infested or infected plants, in accordance 205 with chapter 581 and any rules adopted thereunder. 206 7. Each medical marijuana treatment center must produce and 207 make available for purchase at least one low-THC cannabis 208 product. 209 8. A medical marijuana treatment center that produces 210 edibles must hold a permit to operate as a food establishment 211 pursuant to chapter 500, the Florida Food Safety Act, and must 212 comply with all the requirements for food establishments 213 pursuant to chapter 500 and any rules adopted thereunder. 214 Edibles may not contain more than 200 milligrams of 215 tetrahydrocannabinol, and a single serving portion of an edible 216 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 217 may have a potency variance of no greater than 15 percent. 218 Edibles may not be attractive to children; be manufactured in 219 the shape of humans, cartoons, or animals; be manufactured in a 220 form that bears any reasonable resemblance to products available 221 for consumption as commercially available candy; or contain any 222 color additives. To discourage consumption of edibles by 223 children, the department shall determine by rule any shapes, 224 forms, and ingredients allowed and prohibited for edibles. 225 Medical marijuana treatment centers may not begin processing or 226 dispensing edibles until after the effective date of the rule. 227 The department shall also adopt sanitation rules providing the 228 standards and requirements for the storage, display, or 229 dispensing of edibles. 230 9. Within 12 months after licensure, a medical marijuana 231 treatment center must demonstrate to the department that all of 232 its processing facilities have passed a Food Safety Good 233 Manufacturing Practices, such as Global Food Safety Initiative 234 or equivalent, inspection by a nationally accredited certifying 235 body. A medical marijuana treatment center must immediately stop 236 processing at any facility which fails to pass this inspection 237 until it demonstrates to the department that such facility has 238 met this requirement. 239 10. When processing marijuana, a medical marijuana 240 treatment center must: 241 a. Process the marijuana within an enclosed structure and 242 in a room separate from other plants or products. 243 b. Comply with department rules when processing marijuana 244 with hydrocarbon solvents or other solvents or gases exhibiting 245 potential toxicity to humans. The department shall determine by 246 rule the requirements for medical marijuana treatment centers to 247 use such solvents or gases exhibiting potential toxicity to 248 humans. 249 c. Comply with federal and state laws and regulations and 250 department rules for solid and liquid wastes. The department 251 shall determine by rule procedures for the storage, handling, 252 transportation, management, and disposal of solid and liquid 253 waste generated during marijuana production and processing. The 254 Department of Environmental Protection shall assist the 255 department in developing such rules. 256 d. Test the processed marijuana using a medical marijuana 257 testing laboratory before it is dispensed. Results must be 258 verified and signed by two medical marijuana treatment center 259 employees. Before dispensing, the medical marijuana treatment 260 center must determine that the test results indicate that low 261 THC cannabis meets the definition of low-THC cannabis, the 262 concentration of tetrahydrocannabinol meets the potency 263 requirements of this section, the labeling of the concentration 264 of tetrahydrocannabinol and cannabidiol is accurate, and all 265 marijuana is safe for human consumption and free from 266 contaminants that are unsafe for human consumption. The 267 department shall determine by rule which contaminants must be 268 tested for and the maximum levels of each contaminant which are 269 safe for human consumption. The Department of Agriculture and 270 Consumer Services shall assist the department in developing the 271 testing requirements for contaminants that are unsafe for human 272 consumption in edibles. The department shall also determine by 273 rule the procedures for the treatment of marijuana that fails to 274 meet the testing requirements of this section, s. 381.988, or 275 department rule. The department may select a random sample from 276 edibles available for purchase in a dispensing facility which 277 shall be tested by the department to determine that the edible 278 meets the potency requirements of this section, is safe for 279 human consumption, and the labeling of the tetrahydrocannabinol 280 and cannabidiol concentration is accurate. A medical marijuana 281 treatment center may not require payment from the department for 282 the sample. A medical marijuana treatment center must recall 283 edibles, including all edibles made from the same batch of 284 marijuana, which fail to meet the potency requirements of this 285 section, which are unsafe for human consumption, or for which 286 the labeling of the tetrahydrocannabinol and cannabidiol 287 concentration is inaccurate. The medical marijuana treatment 288 center must retain records of all testing and samples of each 289 homogenous batch of marijuana for at least 9 months. The medical 290 marijuana treatment center must contract with a marijuana 291 testing laboratory to perform audits on the medical marijuana 292 treatment center’s standard operating procedures, testing 293 records, and samples and provide the results to the department 294 to confirm that the marijuana or low-THC cannabis meets the 295 requirements of this section and that the marijuana or low-THC 296 cannabis is safe for human consumption. A medical marijuana 297 treatment center shall reserve two processed samples from each 298 batch and retain such samples for at least 9 months for the 299 purpose of such audits. A medical marijuana treatment center may 300 use a laboratory that has not been certified by the department 301 under s. 381.988 until such time as at least one laboratory 302 holds the required certification, but in no event later than 303 July 1, 2018. 304 e. Package the marijuana in compliance with the United 305 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 306 1471 et seq. 307 f. Package the marijuana in a receptacle that has a firmly 308 affixed and legible label stating the following information: 309 (I) The marijuana or low-THC cannabis meets the 310 requirements of sub-subparagraph d. 311 (II) The name of the medical marijuana treatment center 312 from which the marijuana originates. 313 (III) The batch number and harvest number from which the 314 marijuana originates and the date dispensed. 315 (IV) The name of the physician who issued the physician 316 certification. 317 (V) The name of the patient. 318 (VI) The product name, if applicable, and dosage form, 319 including concentration of tetrahydrocannabinol and cannabidiol. 320 The product name may not contain wording commonly associated 321 with products marketed by or to children. 322 (VII) The recommended dose. 323 (VIII) A warning that it is illegal to transfer medical 324 marijuana to another person. 325 (IX) A marijuana universal symbol developed by the 326 department. 327 11. The medical marijuana treatment center shall include in 328 each package a patient package insert with information on the 329 specific product dispensed related to: 330 a. Clinical pharmacology. 331 b. Indications and use. 332 c. Dosage and administration. 333 d. Dosage forms and strengths. 334 e. Contraindications. 335 f. Warnings and precautions. 336 g. Adverse reactions. 337 12. Each edible shall be individually sealed in plain, 338 opaque wrapping marked only with the marijuana universal symbol. 339 Where practical, each edible shall be marked with the marijuana 340 universal symbol. In addition to the packaging and labeling 341 requirements in subparagraphs 10. and 11., edible receptacles 342 must be plain, opaque, and white without depictions of the 343 product or images other than the medical marijuana treatment 344 center’s department-approved logo and the marijuana universal 345 symbol. The receptacle must also include a list all of the 346 edible’s ingredients, storage instructions, an expiration date, 347 a legible and prominent warning to keep away from children and 348 pets, and a warning that the edible has not been produced or 349 inspected pursuant to federal food safety laws. 350 13. When dispensing marijuana or a marijuana delivery 351 device, a medical marijuana treatment center: 352 a. May dispense any active, valid order for low-THC 353 cannabis, medical cannabis and cannabis delivery devices issued 354 pursuant to former s. 381.986, Florida Statutes 2016, which was 355 entered into the medical marijuana use registry before July 1, 356 2017. 357 b. May not dispense more than a 70-day supply of marijuana 358 to a qualified patient or caregiver. 359 c. Must have the medical marijuana treatment center’s 360 employee who dispenses the marijuana or a marijuana delivery 361 device enter into the medical marijuana use registry his or her 362 name or unique employee identifier. 363 d. Must verify that the qualified patient and the 364 caregiver, if applicable, each have an active registration in 365 the medical marijuana use registry and an active and valid 366 medical marijuana use registry identification card, the amount 367 and type of marijuana dispensed matches the physician 368 certification in the medical marijuana use registry for that 369 qualified patient, and the physician certification has not 370 already been filled. 371 e. May not dispense marijuana to a qualified patient who is 372 younger than 18 years of age. If the qualified patient is 373 younger than 18 years of age, marijuana may only be dispensed to 374 the qualified patient’s caregiver. 375 f. May not dispense or sell any other type of cannabis, 376 alcohol, or illicit drug-related product,including pipes,377bongs, or wrapping papers,other than a marijuana delivery 378 device required for the medical use of marijuana asand which is379 specified in a physician certification. 380 g. Must, upon dispensing the marijuana or marijuana 381 delivery device, record in the registry the date, time, 382 quantity, and form of marijuana dispensed; the type of marijuana 383 delivery device dispensed; and the name and medical marijuana 384 use registry identification number of the qualified patient or 385 caregiver to whom the marijuana delivery device was dispensed. 386 h. Must ensure that patient records are not visible to 387 anyone other than the qualified patient, his or her caregiver, 388 and authorized medical marijuana treatment center employees. 389 (g) To ensure the safe transport of marijuanaand marijuana390delivery devicesto medical marijuana treatment centers, 391 marijuana testing laboratories, or qualified patients, a medical 392 marijuana treatment center must: 393 1. Maintain a marijuana transportation manifest in any 394 vehicle transporting marijuana. The marijuana transportation 395 manifest must be generated from a medical marijuana treatment 396 center’s seed-to-sale tracking system and include the: 397 a. Departure date and approximate time of departure. 398 b. Name, location address, and license number of the 399 originating medical marijuana treatment center. 400 c. Name and address of the recipient of the delivery. 401 d. Quantity and form of any marijuana or marijuana delivery 402 device being transported. 403 e. Arrival date and estimated time of arrival. 404 f. Delivery vehicle make and model and license plate 405 number. 406 g. Name and signature of the medical marijuana treatment 407 center employees delivering the product. 408 (I) A copy of the marijuana transportation manifest must be 409 provided to each individual, medical marijuana treatment center, 410 or marijuana testing laboratory that receives a delivery. The 411 individual, or a representative of the center or laboratory, 412 must sign a copy of the marijuana transportation manifest 413 acknowledging receipt. 414 (II) An individual transporting marijuana or a marijuana 415 delivery device must present a copy of the relevant marijuana 416 transportation manifest and his or her employee identification 417 card to a law enforcement officer upon request. 418 (III) Medical marijuana treatment centers and marijuana 419 testing laboratories must retain copies of all marijuana 420 transportation manifests for at least 3 years. 421 2. Ensure only vehicles in good working order are used to 422 transport marijuana. 423 3. Lock marijuana and marijuana delivery devices in a 424 separate compartment or container within the vehicle. 425 4. Require employees to have possession of their employee 426 identification card at all times when transporting marijuana or 427 marijuana delivery devices. 428 5. Require at least two persons to be in a vehicle 429 transporting marijuanaor marijuana delivery devices, and 430 require at least one person to remain in the vehicle while the 431 marijuanaor marijuana delivery deviceis being delivered. 432 6. Provide specific safety and security training to 433 employees transporting or delivering marijuanaand marijuana434delivery devices. 435 (12) PENALTIES.— 436 (e)1. A qualified patient or caregiver in possession of 437 marijuanaor a marijuana delivery devicewho fails or refuses to 438 present his or her marijuana use registry identification card 439 upon the request of a law enforcement officer commits a 440 misdemeanor of the second degree, punishable as provided in s. 441 775.082 or s. 775.083, unless it can be determined through the 442 medical marijuana use registry that the person is authorized to 443 be in possession of that marijuanaor marijuana delivery device. 444 2. A person charged with a violation of this paragraph may 445 not be convicted if, before or at the time of his or her court 446 or hearing appearance, the person produces in court or to the 447 clerk of the court in which the charge is pending a medical 448 marijuana use registry identification card issued to him or her 449 which is valid at the time of his or her arrest. The clerk of 450 the court is authorized to dismiss such case at any time before 451 the defendant’s appearance in court. The clerk of the court may 452 assess a fee of $5 for dismissing the case under this paragraph. 453 Section 2. This act shall take effect July 1, 2019. 454