Bill Text: FL S0406 | 2017 | Regular Session | Comm Sub


Bill Title: Compassionate Use of Low-THC Cannabis and Marijuana

Spectrum: Bipartisan Bill

Status: (Failed) 2017-05-04 - Laid on Table [S0406 Detail]

Download: Florida-2017-S0406-Comm_Sub.html
       Florida Senate - 2017                       CS for CS for SB 406
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senators Bradley, Young, and Hutson
       
       
       
       
       576-04419-17                                           2017406c2
    1                        A bill to be entitled                      
    2         An act relating to compassionate use of low-THC
    3         cannabis and marijuana; amending s. 381.986, F.S.;
    4         providing legislative intent; defining and redefining
    5         terms; authorizing physicians to issue physician
    6         certifications to specified patients who meet certain
    7         conditions; authorizing physicians to make specific
    8         determinations in certifications; requiring physicians
    9         to meet certain conditions to be authorized to issue
   10         and make determinations in physician certifications;
   11         requiring a physician to conduct a physical
   12         examination and make a full assessment of the medical
   13         history of a patient and make certain determinations
   14         before the physician may certify a patient and specify
   15         a delivery device; requiring a physician to review the
   16         compassionate use registry and confirm that a patient
   17         does not have an active physician certification issued
   18         by another physician before the physician may certify
   19         a patient and specify a delivery device; specifying
   20         certain persons who may assist a qualifying patient
   21         under the age of 18 in the purchasing and
   22         administering of marijuana; prohibiting qualifying
   23         patients under the age of 18 from purchasing
   24         marijuana; providing that a physician may in certain
   25         circumstances certify an amount greater than a 90-day
   26         supply; eliminating the requirement that physicians
   27         maintain patient treatment plans and submit the
   28         treatment plans to the University of Florida College
   29         of Pharmacy; requiring written consent of a parent or
   30         legal guardian for the treatment of minors; requiring
   31         that certain physicians annually reexamine and
   32         reassess patients and update patient information in
   33         the compassionate use registry; revising criminal
   34         penalties; prohibiting a medical marijuana treatment
   35         center from advertising services it is not authorized
   36         to provide; providing fines; prohibiting a person or
   37         entity from advertising or providing medical marijuana
   38         treatment center services without being registered
   39         with the Department of Health as a medical marijuana
   40         treatment center; providing penalties; authorizing a
   41         distance learning format for a specified course and
   42         reducing the number of hours required for the course;
   43         providing that physicians who meet specified
   44         requirements are grandfathered for the purpose of
   45         specified education requirements; authorizing
   46         qualifying patients to designate caregivers; requiring
   47         caregivers to meet specified requirements; prohibiting
   48         a qualifying patient from designating more than one
   49         caregiver at any given time; providing exceptions;
   50         requiring the department to register caregivers
   51         meeting certain requirements on the compassionate use
   52         registry; prohibiting a nursing home or assisted
   53         living facility from preventing certain residents from
   54         hiring a caregiver; authorizing a nursing home or
   55         assisted living facility to prohibit its employees
   56         from acting as caregivers to residents; providing that
   57         a nursing home or assisted living facility is not
   58         required to provide a caregiver to certain residents;
   59         revising the entities to which the compassionate use
   60         registry must be accessible; requiring the department
   61         to adopt certain rules by a specified date;
   62         authorizing the department to charge a fee for
   63         identification cards; requiring the department to
   64         begin issuing identification cards to qualified
   65         registrants by a specific date; requiring the
   66         department to make certain determinations before
   67         issuing an identification card to a patient; providing
   68         that a patient or the parent or legal guardian of a
   69         patient must provide the department with certain
   70         documentation to qualify for an identification card;
   71         requiring the department to adopt a rule listing
   72         documents that a patient may provide to qualify for an
   73         identification card; providing requirements for the
   74         identification cards; requiring the department to
   75         register certain dispensing organizations as medical
   76         marijuana treatment centers by a certain date;
   77         requiring the department to register additional
   78         medical marijuana treatment centers in accordance with
   79         a specified schedule; deleting obsolete provisions;
   80         revising the operational requirements for medical
   81         marijuana treatment centers; authorizing the
   82         department to waive certain requirements under
   83         specified circumstances; requiring that certain
   84         receptacles be childproof; requiring that additional
   85         information be included on certain labels; requiring
   86         that a medical marijuana treatment center comply with
   87         certain standards in the production and dispensing of
   88         edible or food products; requiring a medical marijuana
   89         treatment center to enter additional information into
   90         the compassionate use registry; restricting the number
   91         of dispensing facilities that may dispense marijuana;
   92         providing an exception; requiring a medical marijuana
   93         treatment center to keep a copy of a transportation
   94         manifest in certain vehicles at certain times;
   95         requiring the department to establish a quality
   96         control program that requires medical marijuana
   97         treatment centers to submit samples from each batch or
   98         lot of marijuana to an independent testing laboratory;
   99         requiring a medical marijuana treatment center to
  100         maintain records of all tests conducted; requiring the
  101         department to adopt rules to create and oversee the
  102         quality control program; providing that the department
  103         must license independent testing laboratories;
  104         authorizing an independent testing laboratory to
  105         collect and accept samples of, possess, store,
  106         transport, and test marijuana; prohibiting a person
  107         with an ownership interest in a medical marijuana
  108         treatment center from owning an independent testing
  109         laboratory; requiring the department to develop rules
  110         and a process for licensing requirements; authorizing
  111         the department to impose application and renewal fees;
  112         specifying that an independent testing laboratory must
  113         be certified to perform required tests; requiring the
  114         department to suspend or reduce any mandatory testing
  115         if the number of licensed and certified independent
  116         testing laboratories is insufficient to process the
  117         tests necessary to meet the patient demand for medical
  118         marijuana treatment centers; providing that an
  119         independent testing laboratory may only accept certain
  120         samples; requiring the department to approve a medical
  121         marijuana treatment center’s request for a change in
  122         ownership, equity structure, or transfer of
  123         registration to a new entity if certain criteria are
  124         met; providing an exception to a requirement regarding
  125         the submission of fingerprints and passing of a
  126         background check; providing that a request is deemed
  127         approved if not denied by the department within a
  128         specified timeframe; requiring the department to adopt
  129         rules; requiring the department to establish,
  130         maintain, and control a seed-to-sale tracking system
  131         for marijuana; providing applicability; conforming
  132         provisions to changes made by the act; providing that
  133         certain research institutions may possess, test,
  134         transport, and dispose of marijuana subject to certain
  135         conditions and as provided by department rule;
  136         providing for the use of emergency rulemaking
  137         procedures by the department; creating s. 1004.4351,
  138         F.S.; providing a short title; providing legislative
  139         findings; defining terms; establishing the Coalition
  140         for Medical Marijuana Research and Education within
  141         the H. Lee Moffitt Cancer Center and Research
  142         Institute, Inc.; providing a purpose for the
  143         coalition; requiring the department to electronically
  144         submit to the coalition a data set that includes
  145         certain information for each patient registered with
  146         the compassionate use registry; requiring the
  147         coalition to review the data submitted by the
  148         department and to make certain determinations and to
  149         potentially issue recommendations for changes to state
  150         law and rules; establishing the Medical Marijuana
  151         Research and Education Board to direct the operations
  152         of the coalition; providing for the appointment of
  153         board members; providing for terms of office,
  154         reimbursement for certain expenses, and the conduct of
  155         meetings of the board; authorizing the board to
  156         appoint a coalition director; prescribing the duties
  157         of the coalition director; requiring the board to
  158         advise specified entities and officials regarding
  159         medical marijuana research and education in this
  160         state; requiring the board to annually adopt a Medical
  161         Marijuana Research and Education Plan; providing
  162         requirements for the plan; requiring the board to
  163         issue an annual report to the Governor and the
  164         Legislature by a specified date; specifying
  165         responsibilities of the H. Lee Moffitt Cancer Center
  166         and Research Institute, Inc.; amending ss. 381.987,
  167         385.211, 499.0295, and 1004.441, F.S.; conforming
  168         provisions to changes made by the act; providing a
  169         directive to the Division of Law Revision and
  170         Information; providing an effective date.
  171          
  172  Be It Enacted by the Legislature of the State of Florida:
  173  
  174         Section 1. Section 381.986, Florida Statutes, is amended to
  175  read:
  176         381.986 Compassionate use of low-THC and medical cannabis
  177  and marijuana.—
  178         (1) LEGISLATIVE INTENT.—
  179         (a) It is the intent of the Legislature to implement s. 29,
  180  Art. X of the State Constitution by creating a unified
  181  regulatory structure within the framework of this section for
  182  the acquisition, cultivation, possession, processing, transfer,
  183  transportation, sale, distribution, and dispensing of marijuana,
  184  products containing marijuana, related supplies, and educational
  185  materials to qualifying patients or their caregivers.
  186         (b) The Legislature intends that all rules adopted by the
  187  Department of Health to implement this section be adopted
  188  pursuant to s. 120.536(1) or s. 120.54. The Legislature intends
  189  that the department use emergency rulemaking procedures pursuant
  190  to s. 120.54(4) to adopt rules under this section if necessary
  191  to meet any deadline for rulemaking established in s. 29, Art. X
  192  of the State Constitution.
  193         (c) Further, the Legislature intends that all registrations
  194  for the purposes specified in paragraph (a) be issued solely in
  195  accordance with the requirements of this section and all rules
  196  adopted under this section.
  197         (2) DEFINITIONS.—As used in this section, the term:
  198         (a) “Cannabis delivery device” means an object used,
  199  intended for use, or designed for use in preparing, storing,
  200  ingesting, inhaling, or otherwise introducing marijuana low-THC
  201  cannabis or medical cannabis into the human body.
  202         (b)“Caregiver” has the same meaning as provided in s. 29,
  203  Art. X of the State Constitution.
  204         (c)“Chronic nonmalignant pain” means pain that is caused
  205  by a debilitating medical condition or that originates from a
  206  debilitating medical condition and persists beyond the usual
  207  course of that debilitating medical condition.
  208         (d)“Close relative” means a spouse, parent, sibling,
  209  grandparent, child, or grandchild, whether related by whole or
  210  half blood, by marriage, or by adoption.
  211         (e)(b)Debilitating medical condition” has the same
  212  meaning as provided in s. 29, Art. X of the State Constitution
  213  Dispensing organization means an organization approved by the
  214  department to cultivate, process, transport, and dispense low
  215  THC cannabis or medical cannabis pursuant to this section.
  216         (f)(c) “Independent testing laboratory” means a laboratory,
  217  including the managers, employees, or contractors of the
  218  laboratory, which has no direct or indirect interest in a
  219  medical marijuana treatment center a dispensing organization.
  220         (g)(d) “Legal representative” means the qualifying
  221  qualified patient’s parent, legal guardian acting pursuant to a
  222  court’s authorization as required under s. 744.3215(4), health
  223  care surrogate acting pursuant to the qualifying qualified
  224  patient’s written consent or a court’s authorization as required
  225  under s. 765.113, or an individual who is authorized under a
  226  power of attorney to make health care decisions on behalf of the
  227  qualifying qualified patient.
  228         (h)(e) “Low-THC cannabis” means a plant of the genus
  229  Cannabis, the dried flowers of which contain 0.8 percent or less
  230  of tetrahydrocannabinol and more than 10 percent of cannabidiol
  231  weight for weight; the seeds thereof; the resin extracted from
  232  any part of such plant; or any compound, manufacture, salt,
  233  derivative, mixture, or preparation of such plant or its seeds
  234  or resin that is dispensed only by a medical marijuana treatment
  235  center from a dispensing organization.
  236         (i)(f)Marijuana” has the same meaning as provided in s.
  237  29, Art. X of the State Constitution Medical cannabis means
  238  all parts of any plant of the genus Cannabis, whether growing or
  239  not; the seeds thereof; the resin extracted from any part of the
  240  plant; and every compound, manufacture, sale, derivative,
  241  mixture, or preparation of the plant or its seeds or resin that
  242  is dispensed only from a dispensing organization for medical use
  243  by an eligible patient as defined in s. 499.0295.
  244         (j)“Medical marijuana treatment center” or “MMTC” has the
  245  same meaning as provided in s. 29, Art. X of the State
  246  Constitution.
  247         (k)(g) “Medical use” has the same meaning as provided in s.
  248  29, Art. X of the State Constitution means administration of the
  249  ordered amount of low-THC cannabis or medical cannabis. The term
  250  does not include the:
  251         1. Possession, use, or administration of marijuana low-THC
  252  cannabis or medical cannabis by smoking.
  253         2.Possession, use, or administration of marijuana that was
  254  not purchased or acquired from an MMTC registered with the
  255  department.
  256         3.2. Transfer of marijuana low-THC cannabis or medical
  257  cannabis to a person other than the qualifying qualified patient
  258  for whom it was ordered or the qualifying qualified patient’s
  259  caregiver legal representative on behalf of the qualifying
  260  qualified patient.
  261         4.Use or administration of any type or amount of marijuana
  262  not specified on the qualifying patient’s physician
  263  certification.
  264         5.3. Use or administration of marijuana low-THC cannabis or
  265  medical cannabis:
  266         a. On any form of public transportation.
  267         b. In any public place.
  268         c. In a qualifying qualified patient’s place of employment,
  269  if restricted by his or her employer.
  270         d. In a state correctional institution as defined in s.
  271  944.02 or a correctional institution as defined in s. 944.241.
  272         e. On the grounds of a preschool, primary school, or
  273  secondary school.
  274         f. On a school bus or in a vehicle, aircraft, or motorboat.
  275         (l)(h) “Qualifying Qualified patient” has the same meaning
  276  as provided in s. 29, Art. X of the State Constitution but also
  277  includes eligible patients, as that term is defined in s.
  278  499.0295, and patients who are issued a physician certification
  279  under subparagraph (3)(a)2. or subparagraph (3)(a)3. A patient
  280  is not a qualifying patient unless he or she is registered with
  281  the department and has been issued a compassionate use registry
  282  identification card means a resident of this state who has been
  283  added to the compassionate use registry by a physician licensed
  284  under chapter 458 or chapter 459 to receive low-THC cannabis or
  285  medical cannabis from a dispensing organization.
  286         (m)(i) “Smoking” means burning or igniting a substance and
  287  inhaling the smoke. Smoking does not include the use of a
  288  vaporizer.
  289         (3)(2) PHYSICIAN CERTIFICATION ORDERING.—
  290         (a) A physician is authorized to issue a physician
  291  certification to:
  292         1.A patient suffering from a debilitating medical
  293  condition, which allows the patient to receive marijuana for the
  294  patient’s medical use;
  295         2.A order low-THC cannabis to treat a qualified patient
  296  suffering from cancer or a physical medical condition that
  297  chronically produces symptoms of seizures or severe and
  298  persistent muscle spasms, which allows the patient to receive
  299  low-THC cannabis for the patient’s medical use;
  300         3.A patient suffering from chronic nonmalignant pain, if
  301  the physician has diagnosed an underlying debilitating medical
  302  condition as the cause of the pain, which allows the patient to
  303  receive marijuana for the patient’s medical use order low-THC
  304  cannabis to alleviate the patient’s pain symptoms of such
  305  disease, disorder, or condition, if no other satisfactory
  306  alternative treatment options exist for the qualified patient;
  307         4.order medical cannabis to treat An eligible patient as
  308  defined in s. 499.0295, which allows the patient to receive
  309  marijuana for the patient’s medical use; or
  310         5.A patient who is not a resident of this state; who
  311  qualifies under subparagraph 1., subparagraph 2., subparagraph
  312  3., or subparagraph 4.; and who can lawfully obtain marijuana
  313  through a medical marijuana program in the state that he or she
  314  resides in.
  315         (b) In the physician certification, the physician may also
  316  specify one or more or order a cannabis delivery devices to
  317  assist with device for the patient’s medical use of marijuana.
  318  low-THC cannabis or medical cannabis,
  319         (c)A physician may certify a patient and specify a
  320  delivery device under paragraphs (a) and (b) only if the
  321  physician:
  322         1.(a) Holds an active, unrestricted license as a physician
  323  under chapter 458 or an osteopathic physician under chapter 459;
  324         (b) Has treated the patient for at least 3 months
  325  immediately preceding the patient’s registration in the
  326  compassionate use registry;
  327         2.(c) Has successfully completed the course and examination
  328  required under paragraph (5)(a) (4)(a);
  329         3.Has conducted a physical examination and made a full
  330  assessment of the medical history of the patient;
  331         4.Has determined that, in the physician’s professional
  332  opinion, the patient meets one or more of the criteria specified
  333  in paragraph (a);
  334         5.(d) Has determined that the medical use of marijuana
  335  would likely outweigh the potential health risks to of treating
  336  the patient with low-THC cannabis or medical cannabis are
  337  reasonable in light of the potential benefit to the patient. If
  338  a patient is younger than 18 years of age:,
  339         a. A second physician must concur with this determination,
  340  and such determination must be documented in the patient’s
  341  medical record;
  342         b. Only a parent, legal guardian, caregiver, or health care
  343  provider may assist the qualifying patient in the purchasing and
  344  administering of marijuana for medical use; and
  345         c. The qualifying patient may not purchase marijuana;
  346         6. Has reviewed the compassionate use registry and
  347  confirmed that the patient does not have an active physician
  348  certification issued by another physician;
  349         7.(e) Registers as the patient’s physician orderer of low
  350  THC cannabis or medical cannabis for the named patient on the
  351  compassionate use registry maintained by the department and
  352  updates the registry to reflect the contents of the order,
  353  including the amount of marijuana low-THC cannabis or medical
  354  cannabis that will provide the patient with not more than a 90
  355  day 45-day supply and a cannabis delivery device needed by the
  356  patient for the medical use of marijuana low-THC cannabis or
  357  medical cannabis. A physician may certify an amount greater than
  358  a 90-day supply of marijuana if the physician has a reasonable
  359  belief that the patient will use the additional marijuana in a
  360  medically appropriate way. If the physician’s recommended amount
  361  of marijuana for a 90-day supply changes, the physician must
  362  also update the registry within 7 days after the any change is
  363  made to the original order to reflect the change. The physician
  364  shall deactivate the registration of the patient and the
  365  patient’s legal representative when the physician no longer
  366  recommends the medical use of marijuana for the patient
  367  treatment is discontinued; and
  368         (f) Maintains a patient treatment plan that includes the
  369  dose, route of administration, planned duration, and monitoring
  370  of the patient’s symptoms and other indicators of tolerance or
  371  reaction to the low-THC cannabis or medical cannabis;
  372         (g) Submits the patient treatment plan quarterly to the
  373  University of Florida College of Pharmacy for research on the
  374  safety and efficacy of low-THC cannabis and medical cannabis on
  375  patients;
  376         8.(h) Obtains the voluntary written informed consent of the
  377  patient or the patient’s legal representative to treatment with
  378  marijuana low-THC cannabis after sufficiently explaining the
  379  current state of knowledge in the medical community of the
  380  effectiveness of treatment of the patient’s condition with
  381  marijuana low-THC cannabis, the medically acceptable
  382  alternatives, and the potential risks and side effects. If the
  383  patient is a minor, the patient’s parent or legal guardian must
  384  consent to treatment in writing. If the patient is an eligible
  385  patient as defined in s. 499.0295, the physician must obtain
  386  written informed consent as defined in and required by s.
  387  499.0295.;
  388         (d)At least annually, a physician must recertify the
  389  qualifying patient pursuant to paragraph (c).
  390         (i)Obtains written informed consent as defined in and
  391  required under s. 499.0295, if the physician is ordering medical
  392  cannabis for an eligible patient pursuant to that section; and
  393         (e)(j)A physician may not issue a physician certification
  394  if the physician is not a medical director employed by an MMTC a
  395  dispensing organization.
  396         (f) An order for low-THC cannabis or medical cannabis
  397  issued pursuant to former s. 381.986, Florida Statutes 2016, and
  398  registered with the compassionate use registry on the effective
  399  date of this act, shall be considered a physician certification
  400  issued pursuant to this subsection. The details and expiration
  401  date of such certification must be identical to the details and
  402  expiration date of the order as logged in the compassionate use
  403  registry. Until the department begins issuing compassionate use
  404  registry identification cards, all patients with such orders
  405  shall be considered qualifying patients, notwithstanding the
  406  requirement that a qualifying patient have a compassionate use
  407  registry identification card.
  408         (4)(3)PROHIBITED ACTS PENALTIES.—
  409         (a) A physician commits a misdemeanor of the first degree,
  410  punishable as provided in s. 775.082 or s. 775.083, if the
  411  physician issues a physician certification for marijuana to
  412  orders low-THC cannabis for a patient in a manner other than as
  413  required in subsection (3) without a reasonable belief that the
  414  patient is suffering from:
  415         1. Cancer or A physical medical condition that chronically
  416  produces symptoms of seizures or severe and persistent muscle
  417  spasms that can be treated with low-THC cannabis; or
  418         2. Symptoms of cancer or a physical medical condition that
  419  chronically produces symptoms of seizures or severe and
  420  persistent muscle spasms that can be alleviated with low-THC
  421  cannabis.
  422         (b) A physician commits a misdemeanor of the first degree,
  423  punishable as provided in s. 775.082 or s. 775.083, if the
  424  physician orders medical cannabis for a patient without a
  425  reasonable belief that the patient has a terminal condition as
  426  defined in s. 499.0295.
  427         (b)(c) A person who fraudulently represents that he or she
  428  has a debilitating medical condition cancer, a physical medical
  429  condition that chronically produces symptoms of seizures or
  430  severe and persistent muscle spasms, chronic nonmalignant pain,
  431  or a terminal condition as defined in s. 499.0295 to a physician
  432  for the purpose of being issued a physician certification for
  433  marijuana ordered low-THC cannabis, medical cannabis, or a
  434  cannabis delivery device by such physician commits a misdemeanor
  435  of the first degree, punishable as provided in s. 775.082 or s.
  436  775.083.
  437         (c)(d)A qualifying patient an eligible patient as defined
  438  in s. 499.0295 who uses marijuana medical cannabis, and such
  439  patient’s caregiver legal representative who administers
  440  marijuana medical cannabis, in plain view of or in a place open
  441  to the general public, on the grounds of a school, or in a
  442  school bus, vehicle, aircraft, or motorboat, commits a
  443  misdemeanor of the first degree, punishable as provided in s.
  444  775.082 or s. 775.083.
  445         (d)A qualifying patient or caregiver who cultivates
  446  marijuana or who purchases or acquires marijuana from any person
  447  or entity other than an MMTC commits a misdemeanor of the first
  448  degree, punishable as provided in s. 775.082 or s. 775.083.
  449         (e)A caregiver who violates any of the applicable
  450  provisions of this section or applicable department rules
  451  commits, upon the first offense, a misdemeanor of the second
  452  degree, punishable as provided in s. 775.082 or s. 775.083, and,
  453  upon the second and subsequent offenses, a misdemeanor of the
  454  first degree, punishable as provided in s. 775.082 or s.
  455  775.083.
  456         (f)(e) A physician who issues a physician certification for
  457  marijuana orders low-THC cannabis, medical cannabis, or a
  458  cannabis delivery device and receives compensation from an MMTC
  459  a dispensing organization related to issuing the physician
  460  certification for marijuana the ordering of low-THC cannabis,
  461  medical cannabis, or a cannabis delivery device is subject to
  462  disciplinary action under the applicable practice act and s.
  463  456.072(1)(n).
  464         (g) An MMTC that advertises or holds out to the public that
  465  it may provide services other than services for which it is
  466  registered to provide violates this section, and the department
  467  may impose a fine on the MMTC pursuant to paragraph (10)(h).
  468         (h) A person or entity that offers or advertises services
  469  as an MMTC without registering as an MMTC with the department
  470  violates this section. The operation or maintenance of a
  471  facility as an MMTC, or the performance of a service that
  472  requires registration, without proper registration is a
  473  violation of this section.
  474         1. If after receiving notification from the department,
  475  such person or entity fails to cease operation, the department
  476  may impose an administrative fine of up to $10,000 per
  477  violation. Each day of continued operation is a separate
  478  offense.
  479         2. The department or any state attorney may, in addition to
  480  other remedies provided in this section, bring an action for an
  481  injunction to restrain any unauthorized activity or to enjoin
  482  the future operation or maintenance of the unauthorized
  483  dispensing organization or entity or the performance of any
  484  service in violation of this section until compliance with this
  485  section and department rules has been demonstrated to the
  486  satisfaction of the department.
  487         3. If found to be in violation of this paragraph, the
  488  department may assess reasonable investigative and legal costs
  489  for prosecution of the violation against the person or entity.
  490         (5)(4) PHYSICIAN EDUCATION.—
  491         (a) Before a physician may issue a physician certification
  492  pursuant to subsection (3) ordering low-THC cannabis, medical
  493  cannabis, or a cannabis delivery device for medical use by a
  494  patient in this state, the appropriate board shall require the
  495  ordering physician to successfully complete a 4-hour an 8-hour
  496  course and subsequent examination offered by the Florida Medical
  497  Association or the Florida Osteopathic Medical Association which
  498  that encompasses the clinical indications for the appropriate
  499  use of marijuana low-THC cannabis and medical cannabis, the
  500  appropriate cannabis delivery devices, the contraindications for
  501  such use, and the relevant state and federal laws governing the
  502  issuance of physician certifications ordering, as well as
  503  dispensing, and possessing of these substances and devices. The
  504  course and examination shall be administered at least quarterly
  505  annually. Successful completion of the course may be used by a
  506  physician to satisfy 4 hours 8 hours of the continuing medical
  507  education requirements required by his or her respective board
  508  for licensure renewal. This course may be offered in a distance
  509  learning format, including an electronic, online format that is
  510  available on request. Physicians who have completed an 8-hour
  511  course and subsequent examination offered by the Florida Medical
  512  Association or the Florida Osteopathic Medical Association which
  513  encompasses the clinical indications for the appropriate use of
  514  marijuana and who are registered in the compassionate use
  515  registry on the effective date of this act are deemed to meet
  516  the requirements of this paragraph.
  517         (b) The appropriate board shall require the medical
  518  director of each MMTC dispensing organization to hold an active,
  519  unrestricted license as a physician under chapter 458 or as an
  520  osteopathic physician under chapter 459 and successfully
  521  complete a 2-hour course and subsequent examination offered by
  522  the Florida Medical Association or the Florida Osteopathic
  523  Medical Association which that encompasses appropriate safety
  524  procedures and knowledge of marijuana low-THC cannabis, medical
  525  cannabis, and cannabis delivery devices.
  526         (c) Successful completion of the course and examination
  527  specified in paragraph (a) is required for every physician who
  528  issues a physician certification for marijuana orders low-THC
  529  cannabis, medical cannabis, or a cannabis delivery device each
  530  time such physician renews his or her license. In addition,
  531  successful completion of the course and examination specified in
  532  paragraph (b) is required for the medical director of each
  533  dispensing organization each time such physician renews his or
  534  her license.
  535         (d) A physician who fails to comply with this subsection
  536  and issues a physician certification for marijuana who orders
  537  low-THC cannabis, medical cannabis, or a cannabis delivery
  538  device may be subject to disciplinary action under the
  539  applicable practice act and under s. 456.072(1)(k).
  540         (6) CAREGIVERS.—
  541         (a)During the course of registration with the department
  542  for inclusion on the compassionate use registry, or at any time
  543  while registered, a qualifying patient may designate an
  544  individual as his or her caregiver to assist him or her with the
  545  medical use of marijuana. The designated caregiver must be 21
  546  years of age or older, unless the patient is a close relative of
  547  the caregiver; must agree in writing to be the qualifying
  548  patient’s caregiver; may not receive compensation, other than
  549  actual expenses incurred, for assisting the qualifying patient
  550  with the medical use of marijuana, unless the caregiver is
  551  acting pursuant to employment in a licensed facility in
  552  accordance with subparagraph (c)2.; and must pass a level 2
  553  screening pursuant to chapter 435, unless the patient is a close
  554  relative of the caregiver.
  555         (b)A qualifying patient may have only one designated
  556  caregiver at any given time unless all of the patient’s
  557  caregivers are his or her close relatives or legal
  558  representatives.
  559         (c)A caregiver may assist only one qualifying patient at
  560  any given time unless:
  561         1.All qualifying patients the caregiver is assisting are
  562  close relatives of each other and the caregiver is the legal
  563  representative of at least one of the patients; or
  564         2.All qualifying patients the caregiver is assisting are
  565  receiving hospice services, or are residents, in the same
  566  assisted living facility, nursing home, or other licensed
  567  facility and have requested the assistance of that caregiver
  568  with the medical use of marijuana; the caregiver is an employee
  569  of the hospice or licensed facility; and the caregiver provides
  570  personal care or services directly to clients of the hospice or
  571  licensed facility as a part of his or her employment duties at
  572  the hospice or licensed facility.
  573         (d)The department must register a caregiver on the
  574  compassionate use registry and issue him or her a caregiver
  575  identification card if he or she is designated by a qualifying
  576  patient pursuant to paragraph (a) and meets all of the
  577  requirements of this subsection and department rule.
  578         (e) A nursing home or assisted living facility may not
  579  prevent a qualifying patient residing in the nursing home or
  580  assisted living facility from hiring a caregiver. A nursing home
  581  or assisted living facility may prohibit its employees from
  582  acting as caregivers to residents of the nursing home or
  583  assisted living facility. A nursing home or assisted living
  584  facility is not required to provide a caregiver to a resident
  585  who is a qualifying patient.
  586         (7)(5) DUTIES OF THE DEPARTMENT.—The department shall:
  587         (a) Create and maintain a secure, electronic, and online
  588  compassionate use registry for the registration of physicians,
  589  patients, and caregivers the legal representatives of patients
  590  as provided under this section. The registry must be accessible
  591  to:
  592         1.Practitioners licensed under chapter 458 or chapter 459,
  593  to ensure proper care for patients requesting physician
  594  certifications;
  595         2.Practitioners licensed to prescribe prescription drugs,
  596  to ensure proper care for patients before prescribing
  597  medications that may interact with the medical use of marijuana;
  598         3. Law enforcement agencies, to verify the authorization of
  599  a qualifying patient or a patient’s caregiver to possess
  600  marijuana or a cannabis delivery device; and
  601         4.MMTCs, to a dispensing organization to verify the
  602  authorization of a qualifying patient or a patient’s caregiver
  603  legal representative to possess marijuana low-THC cannabis,
  604  medical cannabis, or a cannabis delivery device and to record
  605  the marijuana low-THC cannabis, medical cannabis, or cannabis
  606  delivery device dispensed.
  607  
  608  The registry must prevent an active registration of a patient by
  609  multiple physicians.
  610         (b) By July 3, 2017, adopt rules establishing procedures
  611  for the issuance, annual renewal, suspension, and revocation of
  612  compassionate use registry identification cards for patients and
  613  caregivers. The department may charge a reasonable fee
  614  associated with the issuance and renewal of patient and
  615  caregiver identification cards. By October 3, 2017, the
  616  department shall begin issuing identification cards to adult
  617  patients who have a physician certification that meets the
  618  requirements of subsection (3); minor patients who have a
  619  physician certification that meets the requirements of
  620  subsection (3) and the written consent of a parent or legal
  621  guardian; and caregivers registered pursuant to subsection (6).
  622         1. Before issuing an identification card to a patient, the
  623  department must determine that:
  624         a. The patient is a permanent resident of the state or, for
  625  a patient under the age of 18, the patient’s parent or legal
  626  guardian is a permanent resident of the state. The patient, or
  627  the parent or legal guardian of the patient, must prove
  628  permanent residency by providing the department with a copy of a
  629  valid Florida driver license or Florida identification card, a
  630  copy of a utility bill in his or her name issued within the
  631  prior 90 days which shows an address in this state, or a copy of
  632  his or her Florida voter information card.
  633         b. If the patient is not a permanent resident of the state:
  634         (I) He or she is eligible to receive marijuana in his or
  635  her state of permanent residence; and
  636         (II) He or she will be remaining in this state for at least
  637  3 consecutive months.
  638         (A) An adult patient may provide the department with
  639  documentation that may include, but is not limited to, a rental
  640  agreement for a property in this state for period of at least 3
  641  months, an employment contract based in this state which
  642  indicates the employment is for a period of at least 3 months,
  643  or a receipt for paid tuition at a school in this state for a
  644  period of at least 3 months.
  645         (B) A parent or legal guardian of a patient who is under
  646  the age of 18 must provide documentation as described in sub
  647  sub-sub-subparagraph (A) or in department rule and provide
  648  additional documentation that the patient is his or her child or
  649  ward.
  650  
  651  The department shall adopt in rule a list of documents that a
  652  patient may provide to qualify for an identification card under
  653  this subparagraph.
  654         2. Patient and caregiver identification cards must be
  655  resistant to counterfeiting and tampering and must include at
  656  least the following:
  657         a. The name, address, and date of birth of the patient or
  658  caregiver, as appropriate;
  659         b. A full-face, passport-type, color photograph of the
  660  patient or caregiver, as appropriate, taken within the 90 days
  661  immediately preceding registration;
  662         c. Designation of the cardholder as a patient or caregiver;
  663         d. A unique identification number for the patient or
  664  caregiver which is matched to the identification number used for
  665  such person in the department’s compassionate use registry. A
  666  caregiver’s identification number and file in the compassionate
  667  use registry must be linked to the file of the patient or
  668  patients the caregiver is assisting so that the caregiver’s
  669  status may be verified for each patient individually;
  670         e. The expiration date, which shall be 1 year after the
  671  date of issuance of the identification card or the date
  672  treatment ends, as provided in the patient’s physician
  673  certification, whichever occurs first; and
  674         f. For caregivers who are assisting three or fewer
  675  qualifying patients, the names and identification number of the
  676  qualifying patient or patients that the caregiver is assisting.
  677         (c)As soon as practicable after the effective date of this
  678  act, update its records by registering each dispensing
  679  organization approved pursuant to chapter 2014-157, Laws of
  680  Florida, or chapter 2016-123, Laws of Florida, as an MMTC with
  681  an effective registration date that coincides with that
  682  dispensing organization’s date of approval as a dispensing
  683  organization. On the effective date of this act, all dispensing
  684  organizations approved pursuant to chapter 2014-157, Laws of
  685  Florida, or chapter 2016-123, Laws of Florida, are deemed to be
  686  registered MMTCs. The department may not require a dispensing
  687  organization approved pursuant to chapter 2014-157, Laws of
  688  Florida, or chapter 2016-123, Laws of Florida, to submit an
  689  application and may not charge the dispensing organization an
  690  application or registration fee for the initial registration of
  691  that dispensing organization as an MMTC pursuant to this
  692  section. For purposes of the requirement that an MMTC comply
  693  with the representations made in its application pursuant to
  694  subsection (8), an MMTC registered pursuant to this paragraph
  695  shall continue to comply with the representations made in its
  696  application for approval as a dispensing organization, including
  697  any revision authorized by the department before the effective
  698  date of this act. After the effective date of this act, the
  699  department may grant variances from the representations made in
  700  a dispensing organization’s application for approval pursuant to
  701  subsection (8). For purposes of the definition of the term
  702  “marijuana” in s. 29, of Art. X of the State Constitution, an
  703  MMTC is deemed to be a dispensing organization as that term is
  704  defined in former s. 381.986(1)(a), Florida Statutes 2014
  705  Authorize the establishment of five dispensing organizations to
  706  ensure reasonable statewide accessibility and availability as
  707  necessary for patients registered in the compassionate use
  708  registry and who are ordered low-THC cannabis, medical cannabis,
  709  or a cannabis delivery device under this section, one in each of
  710  the following regions: northwest Florida, northeast Florida,
  711  central Florida, southeast Florida, and southwest Florida.
  712         (d) By October 3, 2017, register five additional MMTCs with
  713  at least one of the MMTCs being an applicant that is a
  714  recognized class member of Pigford v. Glickman, 185 F.R.D. 82
  715  (D.D.C. 1999), or In re Black Farmers Litig., 856 F. Supp. 2d 1
  716  (D.D.C. 2011), and a member of the Black Farmers and
  717  Agriculturalists Association.
  718         (e)Within 6 months after each instance of the registration
  719  of 75,000 qualifying patients with the compassionate use
  720  registry, register four additional MMTCs if a sufficient number
  721  of MMTC applicants meet the registration requirements
  722  established in this section and by department rule.
  723         (f) Not issue more than one registration as an MMTC to a
  724  person or an entity.
  725         (g) Identify applicants with strong diversity plans
  726  reflecting this state’s commitment to diversity.
  727         (h) Implement training programs and other educational
  728  programs to enable minority persons and minority business
  729  enterprises, as defined in s. 288.703, and veteran business
  730  enterprises, as defined in s. 295.187, to compete for MMTC
  731  registration and contracts.
  732         (i)The department shall Develop an application form for
  733  registration as an MMTC and impose an initial application and
  734  biennial renewal fee that is sufficient to cover the costs of
  735  administering this section. To be registered as an MMTC, the an
  736  applicant for approval as a dispensing organization must be able
  737  to demonstrate:
  738         1. That, for the 5 consecutive years before submitting the
  739  application, the applicant has been registered to do business in
  740  this state.
  741         2.1. The technical and technological ability to cultivate
  742  and produce low-THC cannabis and marijuana. The applicant must
  743  possess a valid certificate of registration issued by the
  744  Department of Agriculture and Consumer Services pursuant to s.
  745  581.131 that is issued for the cultivation of more than 400,000
  746  plants, be operated by a nurseryman as defined in s. 581.011,
  747  and have been operated as a registered nursery in this state for
  748  at least 30 continuous years.
  749         3.2. The ability to secure the premises, resources, and
  750  personnel necessary to operate as an MMTC a dispensing
  751  organization.
  752         4.3. The ability to maintain accountability of all raw
  753  materials, finished products, and any byproducts to prevent
  754  diversion or unlawful access to or possession of these
  755  substances.
  756         5.4. An infrastructure reasonably located to dispense low
  757  THC cannabis and marijuana to registered qualifying patients
  758  statewide or regionally as determined by the department.
  759         6.5. The financial ability to maintain operations for the
  760  duration of the 2-year approval cycle, including the provision
  761  of certified financials to the department. Upon approval, the
  762  applicant must post a $5 million performance bond. However, upon
  763  an MMTC a dispensing organization’s serving at least 1,000
  764  qualifying qualified patients, the MMTC dispensing organization
  765  is only required to maintain a $2 million performance bond.
  766         7.6. That all owners and managers have been fingerprinted
  767  and have successfully passed a level 2 background screening
  768  pursuant to s. 435.04.
  769         8. The ability to implement a diversity plan that promotes
  770  and ensures the involvement of minority persons and minority
  771  business enterprises, as defined in s. 288.703, or veteran
  772  business enterprises, as defined in s. 295.187, in ownership,
  773  management, employment, and contracting opportunities.
  774         a. A diversity plan must be submitted with an MMTC
  775  application.
  776         b. Upon registration renewal the MMTC must show the
  777  effectiveness of the diversity plan by including the following:
  778         (I) Representation of minority persons and veterans in the
  779  MMTC’s workforce;
  780         (II) Efforts to recruit minority persons and veterans for
  781  employment; and
  782         (III)A record of contracts for services with minority
  783  business enterprises and veteran business enterprises.
  784         9.7. The employment of a medical director to supervise the
  785  activities of the MMTC dispensing organization.
  786         (c) Upon the registration of 250,000 active qualified
  787  patients in the compassionate use registry, approve three
  788  dispensing organizations, including, but not limited to, an
  789  applicant that is a recognized class member of Pigford v.
  790  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  791  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the
  792  Black Farmers and Agriculturalists Association, which must meet
  793  the requirements of subparagraphs (b)2.-7. and demonstrate the
  794  technical and technological ability to cultivate and produce
  795  low-THC cannabis.
  796         (j)(d) Allow an MMTC a dispensing organization to make a
  797  wholesale purchase of marijuana low-THC cannabis or medical
  798  cannabis from, or a distribution of marijuana low-THC cannabis
  799  or medical cannabis to, another MMTC dispensing organization.
  800         (k)(e) Monitor physician registration in the compassionate
  801  use registry and the issuance of physician certifications
  802  pursuant to subsection (3) ordering of low-THC cannabis, medical
  803  cannabis, or a cannabis delivery device for ordering practices
  804  that could facilitate unlawful diversion or misuse of marijuana
  805  low-THC cannabis, medical cannabis, or a cannabis delivery
  806  devices device and take disciplinary action as indicated.
  807         (8)(6)MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING
  808  ORGANIZATION.—Each MMTC must register with the department. A
  809  registered MMTC An approved dispensing organization must, at all
  810  times, maintain compliance with paragraph (7)(i), the criteria
  811  demonstrated for selection and approval as a dispensing
  812  organization under subsection(5) and the criteria required in
  813  this subsection, and all representations made to the department
  814  in the MMTC’s application for registration. Upon request, the
  815  department may grant an MMTC one or more variances from the
  816  representations made in the MMTC’s application. Consideration of
  817  such a variance shall be based upon the individual facts and
  818  circumstances surrounding the request. A variance may not be
  819  granted unless the requesting MMTC can demonstrate to the
  820  department that it has a proposed alternative to the specific
  821  representation made in its application which fulfills the same
  822  or a similar purpose as the specific representation in a way
  823  that the department can reasonably determine will not be a lower
  824  standard than the specific representation in the application.
  825         (a) When growing marijuana low-THC cannabis or medical
  826  cannabis, an MMTC a dispensing organization:
  827         1. May use pesticides determined by the department, after
  828  consultation with the Department of Agriculture and Consumer
  829  Services, to be safely applied to plants intended for human
  830  consumption, but may not use pesticides designated as
  831  restricted-use pesticides pursuant to s. 487.042.
  832         2. Must grow marijuana low-THC cannabis or medical cannabis
  833  within an enclosed structure and in a room separate from any
  834  other plant.
  835         3. Must inspect seeds and growing plants for plant pests
  836  that endanger or threaten the horticultural and agricultural
  837  interests of the state, notify the Department of Agriculture and
  838  Consumer Services within 10 calendar days after a determination
  839  that a plant is infested or infected by such plant pest, and
  840  implement and maintain phytosanitary policies and procedures.
  841         4. Must perform fumigation or treatment of plants, or the
  842  removal and destruction of infested or infected plants, in
  843  accordance with chapter 581 and any rules adopted thereunder.
  844         (b) When processing marijuana low-THC cannabis or medical
  845  cannabis, an MMTC a dispensing organization must:
  846         1. Process the marijuana low-THC cannabis or medical
  847  cannabis within an enclosed structure and in a room separate
  848  from other plants or products.
  849         2. Have the marijuana tested by an independent testing
  850  laboratory to ensure it meets the standards established by the
  851  department’s quality control program Test the processed low-THC
  852  cannabis and medical cannabis before it is they are dispensed.
  853  Results must be verified and signed by two dispensing
  854  organization employees. Before dispensing low-THC cannabis, the
  855  dispensing organization must determine that the test results
  856  indicate that the low-THC cannabis meets the definition of low
  857  THC cannabis and, for medical cannabis and low-THC cannabis,
  858  that all medical cannabis and low-THC cannabis is safe for human
  859  consumption and free from contaminants that are unsafe for human
  860  consumption. The dispensing organization must retain records of
  861  all testing and samples of each homogenous batch of cannabis and
  862  low-THC cannabis for at least 9 months. The dispensing
  863  organization must contract with an independent testing
  864  laboratory to perform audits on the dispensing organization’s
  865  standard operating procedures, testing records, and samples and
  866  provide the results to the department to confirm that the low
  867  THC cannabis or medical cannabis meets the requirements of this
  868  section and that the medical cannabis and low-THC cannabis is
  869  safe for human consumption.
  870         3. Package the marijuana low-THC cannabis or medical
  871  cannabis in compliance with the United States Poison Prevention
  872  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.
  873         4. Package the marijuana low-THC cannabis or medical
  874  cannabis in a childproof receptacle that has a firmly affixed
  875  and legible label stating the following information:
  876         a. A statement that the marijuana low-THC cannabis or
  877  medical cannabis meets the requirements of subparagraph 2.;
  878         b. The name of the MMTC dispensing organization from which
  879  the marijuana medical cannabis or low-THC cannabis originates;
  880  and
  881         c. The batch number and harvest number from which the
  882  marijuana medical cannabis or low-THC cannabis originates; and
  883         d.The concentration of tetrahydrocannabinol and
  884  cannabidiol in the product.
  885         e. Any other information required by department rule
  886         5. Reserve two processed samples from each batch and retain
  887  such samples for at least 9 months for the purpose of testing
  888  pursuant to the audit required under subparagraph 2.
  889         (c) When dispensing marijuana low-THC cannabis, medical
  890  cannabis, or a marijuana cannabis delivery device, an MMTC a
  891  dispensing organization:
  892         1. May not dispense more than the a 45-day supply of
  893  marijuana authorized by a qualifying patient’s physician
  894  certification low-THC cannabis or medical cannabis to a
  895  qualifying patient or caregiver the patient’s legal
  896  representative.
  897         2. Must ensure that the have the dispensing organization’s
  898  employee who dispenses the marijuana low-THC cannabis, medical
  899  cannabis, or marijuana a cannabis delivery device enters enter
  900  into the compassionate use registry his or her name or unique
  901  employee identifier.
  902         3. Must verify that the qualifying patient and the
  903  caregiver, if applicable, both have an active and valid
  904  compassionate use registry identification card and that the
  905  amount and type of marijuana dispensed match the physician
  906  certification in the compassionate use registry for that
  907  qualifying patient that a physician has ordered the low-THC
  908  cannabis, medical cannabis, or a specific type of a cannabis
  909  delivery device for the patient.
  910         4.Must label the marijuana with the recommended dose for
  911  the qualifying patient receiving the marijuana.
  912         5.4. May not dispense or sell any other type of marijuana
  913  cannabis, alcohol, or illicit drug-related product, including
  914  pipes, bongs, or wrapping papers, other than a physician-ordered
  915  cannabis delivery device required for the medical use of
  916  marijuana which is specified in a physician certification low
  917  THC cannabis or medical cannabis, while dispensing low-THC
  918  cannabis or medical cannabis. An MMTC may produce and dispense
  919  marijuana as an edible or food product but may not produce such
  920  items in a format designed to be attractive to children. In
  921  addition to the requirements of this section and department
  922  rule, food products produced by an MMTC must meet all food
  923  safety standards established in state and federal law,
  924  including, but not limited to, the identification of the serving
  925  size and the amount of tetrahydrocannabinol in each serving.
  926         5. Must verify that the patient has an active registration
  927  in the compassionate use registry, the patient or patient’s
  928  legal representative holds a valid and active registration card,
  929  the order presented matches the order contents as recorded in
  930  the registry, and the order has not already been filled.
  931         6. Must, upon dispensing the marijuana low-THC cannabis,
  932  medical cannabis, or marijuana cannabis delivery device, record
  933  in the registry the date, time, quantity, and form of marijuana
  934  low-THC cannabis or medical cannabis dispensed; and the type of
  935  marijuana cannabis delivery device dispensed; and the name and
  936  compassionate use registry identification number of the
  937  qualifying patient or caregiver to whom the marijuana delivery
  938  device was dispensed.
  939         7. May not dispense marijuana from more than three
  940  dispensing facilities. This subparagraph does not apply to MMTC
  941  retail facilities that only dispense low-THC cannabis and sell
  942  marijuana delivery devices to qualified patients.
  943         (d) To ensure the safety and security of its premises and
  944  any off-site storage facilities, and to maintain adequate
  945  controls against the diversion, theft, and loss of marijuana
  946  low-THC cannabis, medical cannabis, or marijuana cannabis
  947  delivery devices, an MMTC a dispensing organization shall:
  948         1.a. Maintain a fully operational security alarm system
  949  that secures all entry points and perimeter windows and is
  950  equipped with motion detectors; pressure switches; and duress,
  951  panic, and hold-up alarms; or
  952         b. Maintain a video surveillance system that records
  953  continuously 24 hours each day and meets at least one of the
  954  following criteria:
  955         (I) Cameras are fixed in a place that allows for the clear
  956  identification of persons and activities in controlled areas of
  957  the premises. Controlled areas include grow rooms, processing
  958  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  959  rooms;
  960         (II) Cameras are fixed in entrances and exits to the
  961  premises, which shall record from both indoor and outdoor, or
  962  ingress and egress, vantage points;
  963         (III) Recorded images must clearly and accurately display
  964  the time and date; or
  965         (IV) Retain video surveillance recordings for a minimum of
  966  45 days, or longer upon the request of a law enforcement agency.
  967         2. Ensure that the MMTC’s organization’s outdoor premises
  968  have sufficient lighting from dusk until dawn.
  969         3. Implement Establish and maintain a tracking system using
  970  a vendor approved by the department which that traces the
  971  marijuana low-THC cannabis or medical cannabis from seed to
  972  sale. The tracking system must shall include notification of key
  973  events as determined by the department, including when cannabis
  974  seeds are planted, when cannabis plants are harvested and
  975  destroyed, and when marijuana low-THC cannabis or medical
  976  cannabis is transported, sold, stolen, diverted, or lost.
  977         4. Not dispense from its premises marijuana low-THC
  978  cannabis, medical cannabis, or a cannabis delivery device
  979  between the hours of 9 p.m. and 7 a.m., but may perform all
  980  other operations and deliver marijuana low-THC cannabis and
  981  medical cannabis to qualifying qualified patients 24 hours each
  982  day.
  983         5. Store marijuana low-THC cannabis or medical cannabis in
  984  a secured, locked room or a vault.
  985         6. Require at least two of its employees, or two employees
  986  of a security agency with whom it contracts, to be on the
  987  premises at all times.
  988         7. Require each employee or contractor to wear a photo
  989  identification badge at all times while on the premises.
  990         8. Require each visitor to wear a visitor’s pass at all
  991  times while on the premises.
  992         9. Implement an alcohol and drug-free workplace policy.
  993         10. Report to local law enforcement within 24 hours after
  994  it is notified or becomes aware of the theft, diversion, or loss
  995  of marijuana low-THC cannabis or medical cannabis.
  996         (e) To ensure the safe transport of marijuana low-THC
  997  cannabis or medical cannabis to MMTC dispensing organization
  998  facilities, independent testing laboratories, or qualifying
  999  patients, the MMTC dispensing organization must:
 1000         1. Maintain a transportation manifest, which must be
 1001  retained for at least 1 year. A copy of the manifest must be in
 1002  the vehicle at all times when transporting marijuana.
 1003         2. Ensure only vehicles in good working order are used to
 1004  transport marijuana low-THC cannabis or medical cannabis.
 1005         3. Lock marijuana low-THC cannabis or medical cannabis in a
 1006  separate compartment or container within the vehicle.
 1007         4. Require at least two persons to be in a vehicle
 1008  transporting marijuana low-THC cannabis or medical cannabis, and
 1009  require at least one person to remain in the vehicle while the
 1010  marijuana low-THC cannabis or medical cannabis is being
 1011  delivered.
 1012         5. Provide specific safety and security training to
 1013  employees transporting or delivering marijuana low-THC cannabis
 1014  or medical cannabis.
 1015         (9) MARIJUANA QUALITY CONTROL PROGRAM AND INDEPENDENT
 1016  TESTING LABORATORY LICENSURE.—
 1017         (a)The department shall establish a quality control
 1018  program requiring marijuana to be tested by an independent
 1019  testing laboratory for potency and contaminants before sale to
 1020  qualifying patients and caregivers.
 1021         1. The quality control program must require MMTCs to submit
 1022  samples from each batch or lot of marijuana harvested or
 1023  processed to an independent testing laboratory for testing to
 1024  ensure, at a minimum, that the labeling of the potency of
 1025  tetrahydrocannabinol and all other marketed cannabinoids or
 1026  terpenes is accurate and that the marijuana dispensed to
 1027  qualifying patients is safe for human consumption.
 1028         2. An MMTC must maintain records of all tests conducted,
 1029  including the results of each test and any additional
 1030  information, as required by the department.
 1031         3. The department shall adopt all rules necessary to create
 1032  and oversee the quality control program, which must include, at
 1033  a minimum:
 1034         a.Permissible levels of variation in potency labeling and
 1035  standards requiring tetrahydrocannabinol in edible marijuana
 1036  products to be distributed consistently throughout the product;
 1037         b. Permissible levels of contaminants and mandatory testing
 1038  for contaminants to confirm that the tested marijuana is safe
 1039  for human consumption. This testing must include, but is not
 1040  limited to, testing for microbiological impurity, residual
 1041  solvents, and pesticide residues;
 1042         c.The destruction of marijuana determined to be
 1043  inaccurately labeled or unsafe for human consumption after the
 1044  MMTC has an opportunity to take remedial action;
 1045         d.The collection, storage, handling, recording, and
 1046  destruction of samples of marijuana by independent testing
 1047  laboratories; and
 1048         e.Security, inventory tracking, and record retention.
 1049         (b) The department must license all independent testing
 1050  laboratories to ensure that all marijuana is tested for potency
 1051  and contaminants in accordance with the department’s quality
 1052  control program. An independent testing laboratory may collect
 1053  and accept samples of, and possess, store, transport, and test
 1054  marijuana. An independent testing laboratory may not be owned by
 1055  a person who also possesses an ownership interest in an MMTC. A
 1056  clinical laboratory that is licensed by the Agency for Health
 1057  Care Administration pursuant to part I of chapter 483 and that
 1058  performs nonwaived clinical tests is exempt from the requirement
 1059  to be licensed by the department pursuant to this paragraph but
 1060  must be certified to perform all required tests pursuant to
 1061  subparagraph 2.
 1062         1. The department shall develop rules establishing
 1063  independent testing laboratory license requirements and a
 1064  process for licensing independent testing laboratories; develop
 1065  an application form for an independent testing laboratory
 1066  license; and impose an initial application fee and a biennial
 1067  renewal fee sufficient to cover the costs of administering this
 1068  subsection.
 1069         2. In addition to licensure, an independent testing
 1070  laboratory must be certified to perform all required tests by
 1071  the department. The department must issue a certification to an
 1072  independent testing laboratory that has been certified by a
 1073  third-party laboratory certification body approved by the
 1074  department. The department shall establish reasonable rules for
 1075  the certification and operation of independent testing
 1076  laboratories. Rules for certification must, at a minimum,
 1077  address standards relating to:
 1078         a.Personnel qualifications;
 1079         b.Equipment and methodology;
 1080         c.Proficiency testing;
 1081         d.Tracking;
 1082         e.Sampling;
 1083         f.Chain of custody;
 1084         g.Record and sample retention;
 1085         h.Reporting;
 1086         i.Audit and inspection; and
 1087         j.Security.
 1088         3. The department shall suspend or reduce any mandatory
 1089  testing requirement specified in its quality control program if
 1090  the number of licensed and certified independent testing
 1091  laboratories is insufficient to process the tests necessary to
 1092  meet the patients’ demand for marijuana.
 1093         4. An independent testing laboratory may accept only
 1094  samples composed of marijuana which are obtained from a sample
 1095  source approved by the department. At a minimum, these sources
 1096  must include an MMTC, a researcher affiliated with an accredited
 1097  university or research hospital, a qualifying patient, and a
 1098  caregiver.
 1099         (10)(7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.—
 1100         (a) The department may conduct announced or unannounced
 1101  inspections of MMTCs dispensing organizations to determine
 1102  compliance with this section or rules adopted pursuant to this
 1103  section.
 1104         (b) The department shall inspect an MMTC a dispensing
 1105  organization upon complaint or notice provided to the department
 1106  that the MMTC dispensing organization has dispensed marijuana
 1107  low-THC cannabis or medical cannabis containing any mold,
 1108  bacteria, or other contaminant that may cause or has caused an
 1109  adverse effect to human health or the environment.
 1110         (c) The department shall conduct at least a biennial
 1111  inspection of each MMTC dispensing organization to evaluate the
 1112  MMTC’s dispensing organization’s records, personnel, equipment,
 1113  processes, security measures, sanitation practices, and quality
 1114  assurance practices.
 1115         (d) The department shall approve an MMTC’s request for a
 1116  change in ownership, equity structure, or transfer of
 1117  registration to a new entity that meets the requirements in
 1118  paragraph (7)(i) if individuals seeking a 5 percent or greater
 1119  direct or indirect equity interest in the MMTC are fingerprinted
 1120  and have successfully passed a level 2 background screening
 1121  pursuant to s. 435.04. Individuals who seek or hold less than a
 1122  5 percent direct or indirect equity interest in the MMTC are not
 1123  required to be fingerprinted or pass the background check. A
 1124  request for a change in MMTC ownership, equity structure, or
 1125  transfer of registration is deemed approved if not denied by the
 1126  department within 15 days after receipt of the request. The
 1127  department shall adopt by rule a process which includes specific
 1128  criteria for the approval or denial of such requests.
 1129         (e) The department shall establish, maintain, and control a
 1130  computer software tracking system that traces marijuana from
 1131  seed to sale and allows real-time, 24-hour access by the
 1132  department to data from all MMTCs and independent testing
 1133  laboratories. The tracking system must, at a minimum, include
 1134  notification of when marijuana seeds are planted, when marijuana
 1135  plants are harvested and destroyed, and when marijuana is
 1136  transported, sold, stolen, diverted, or lost. Each MMTC shall
 1137  use the seed-to-sale tracking system selected by the department.
 1138         (f)(d) The department may enter into interagency agreements
 1139  with the Department of Agriculture and Consumer Services, the
 1140  Department of Business and Professional Regulation, the
 1141  Department of Transportation, the Department of Highway Safety
 1142  and Motor Vehicles, and the Agency for Health Care
 1143  Administration, and such agencies are authorized to enter into
 1144  an interagency agreement with the department, to conduct
 1145  inspections or perform other responsibilities assigned to the
 1146  department under this section.
 1147         (g)(e) The department must make a list of all approved
 1148  MMTCs, dispensing organizations and qualified ordering
 1149  physicians who are qualified to issue physician certifications,
 1150  and medical directors publicly available on its website.
 1151         (f) The department may establish a system for issuing and
 1152  renewing registration cards for patients and their legal
 1153  representatives, establish the circumstances under which the
 1154  cards may be revoked by or must be returned to the department,
 1155  and establish fees to implement such system. The department must
 1156  require, at a minimum, the registration cards to:
 1157         1. Provide the name, address, and date of birth of the
 1158  patient or legal representative.
 1159         2. Have a full-face, passport-type, color photograph of the
 1160  patient or legal representative taken within the 90 days
 1161  immediately preceding registration.
 1162         3. Identify whether the cardholder is a patient or legal
 1163  representative.
 1164         4. List a unique numeric identifier for the patient or
 1165  legal representative that is matched to the identifier used for
 1166  such person in the department’s compassionate use registry.
 1167         5. Provide the expiration date, which shall be 1 year after
 1168  the date of the physician’s initial order of low-THC cannabis or
 1169  medical cannabis.
 1170         6. For the legal representative, provide the name and
 1171  unique numeric identifier of the patient that the legal
 1172  representative is assisting.
 1173         7. Be resistant to counterfeiting or tampering.
 1174         (h)(g) The department may impose reasonable fines not to
 1175  exceed $10,000 on an MMTC a dispensing organization for any of
 1176  the following violations:
 1177         1. Violating this section, s. 499.0295, or department rule.
 1178         2. Failing to maintain qualifications for registration with
 1179  the department approval.
 1180         3. Endangering the health, safety, or security of a
 1181  qualifying qualified patient.
 1182         4. Improperly disclosing personal and confidential
 1183  information of a qualifying the qualified patient.
 1184         5. Attempting to procure MMTC registration with the
 1185  department dispensing organization approval by bribery,
 1186  fraudulent misrepresentation, or extortion.
 1187         6. Any owner or manager of the MMTC being convicted or
 1188  found guilty of, or entering a plea of guilty or nolo contendere
 1189  to, regardless of adjudication, a crime in any jurisdiction
 1190  which directly relates to the business of an MMTC a dispensing
 1191  organization.
 1192         7. Making or filing a report or record that the MMTC
 1193  dispensing organization knows to be false.
 1194         8. Willfully failing to maintain a record required by this
 1195  section or department rule.
 1196         9. Willfully impeding or obstructing an employee or agent
 1197  of the department in the furtherance of his or her official
 1198  duties.
 1199         10. Engaging in fraud or deceit, negligence, incompetence,
 1200  or misconduct in the business practices of an MMTC a dispensing
 1201  organization.
 1202         11. Making misleading, deceptive, or fraudulent
 1203  representations in or related to the business practices of an
 1204  MMTC a dispensing organization.
 1205         12. Having a license or the authority to engage in any
 1206  regulated profession, occupation, or business that is related to
 1207  the business practices of an MMTC a dispensing organization
 1208  suspended, revoked, or otherwise acted against by the licensing
 1209  authority of any jurisdiction, including its agencies or
 1210  subdivisions, for a violation that would constitute a violation
 1211  under Florida law.
 1212         13. Violating a lawful order of the department or an agency
 1213  of the state, or failing to comply with a lawfully issued
 1214  subpoena of the department or an agency of the state.
 1215         (i)(h) The department may suspend, revoke, or refuse to
 1216  renew an MMTC’s registration with the department a dispensing
 1217  organization’s approval if the MMTC a dispensing organization
 1218  commits a violation specified any of the violations in paragraph
 1219  (h) (g).
 1220         (j)(i) The department shall renew an MMTC’s registration
 1221  with the department the approval of a dispensing organization
 1222  biennially if the MMTC dispensing organization meets the
 1223  requirements of this section and pays the biennial renewal fee.
 1224         (k)(j) The department may adopt rules necessary to
 1225  implement this section.
 1226         (11)(8) PREEMPTION.—
 1227         (a) All matters regarding the regulation of the cultivation
 1228  and processing of marijuana medical cannabis or low-THC cannabis
 1229  by MMTCs dispensing organizations are preempted to the state.
 1230         (b) A municipality may determine by ordinance the criteria
 1231  for the number and location of, and other permitting
 1232  requirements that do not conflict with state law or department
 1233  rule for, dispensing facilities of MMTCs dispensing
 1234  organizations located within its municipal boundaries. A county
 1235  may determine by ordinance the criteria for the number,
 1236  location, and other permitting requirements that do not conflict
 1237  with state law or department rule for all dispensing facilities
 1238  of MMTCs dispensing organizations located within the
 1239  unincorporated areas of that county.
 1240         (12)(9) EXCEPTIONS TO OTHER LAWS.—
 1241         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1242  any other provision of law, but subject to the requirements of
 1243  this section, a qualifying qualified patient, or a caregiver who
 1244  has obtained a valid compassionate use registry identification
 1245  card from the department, and the qualified patient’s legal
 1246  representative may purchase from an MMTC, and possess for the
 1247  qualifying patient’s medical use, up to the amount of marijuana
 1248  in the physician certification low-THC cannabis or medical
 1249  cannabis ordered for the patient, but not more than a 90-day 45
 1250  day supply, and a cannabis delivery device specified in the
 1251  physician certification ordered for the qualifying patient.
 1252         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1253  any other provision of law, but subject to the requirements of
 1254  this section, an MMTC an approved dispensing organization and
 1255  its owners, managers, contractors, and employees may
 1256  manufacture, possess, sell, deliver, distribute, dispense,
 1257  administer, and lawfully dispose of reasonable quantities, as
 1258  established by department rule, of marijuana low-THC cannabis,
 1259  medical cannabis, or a cannabis delivery device. For purposes of
 1260  this subsection, the terms “manufacture,” “possession,”
 1261  “deliver,” “distribute,” and “dispense” have the same meanings
 1262  as provided in s. 893.02.
 1263         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1264  any other provision of law, but subject to the requirements of
 1265  this section, an approved independent testing laboratory may
 1266  possess, test, transport, and lawfully dispose of marijuana low
 1267  THC cannabis or medical cannabis as provided by department rule.
 1268         (d) An MMTC approved dispensing organization and its
 1269  owners, managers, contractors, and employees are not subject to
 1270  licensure or regulation under chapter 465 or chapter 499 for
 1271  manufacturing, possessing, selling, delivering, distributing,
 1272  dispensing, or lawfully disposing of reasonable quantities, as
 1273  established by department rule, of marijuana low-THC cannabis,
 1274  medical cannabis, or a cannabis delivery device.
 1275         (e) Exercise by an MMTC of An approved dispensing
 1276  organization that continues to meet the requirements for
 1277  approval is presumed to be registered with the department and to
 1278  meet the regulations adopted by the department or its successor
 1279  agency for the purpose of dispensing medical cannabis or low-THC
 1280  cannabis under Florida law. Additionally, the authority provided
 1281  to MMTCs a dispensing organization in s. 499.0295 does not
 1282  impair its registration with the department the approval of a
 1283  dispensing organization.
 1284         (f) This subsection does not exempt a person from
 1285  prosecution for a criminal offense related to impairment or
 1286  intoxication resulting from the medical use of marijuana low-THC
 1287  cannabis or medical cannabis or relieve a person from any
 1288  requirement under law to submit to a breath, blood, urine, or
 1289  other test to detect the presence of a controlled substance.
 1290         (g)This section does not limit the ability of an employer
 1291  to establish, continue, or enforce a drug-free workplace program
 1292  or substance abuse policy. Notwithstanding any other provision
 1293  of law, this section does not require an employer to accommodate
 1294  the ingestion of marijuana in any workplace or any employee
 1295  working while under the influence of marijuana. Notwithstanding
 1296  any other provision of law, this section does not create a cause
 1297  of action against an employer for wrongful discharge or
 1298  discrimination.
 1299         (h) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1300  any other provision of law, but subject to the requirements of
 1301  this section, a research institute established by a public
 1302  postsecondary educational institution, such as the H. Lee
 1303  Moffitt Cancer Center and Research Institute established under
 1304  s. 1004.43, or a state university that has achieved the
 1305  preeminent state research university designation pursuant to s.
 1306  1001.7065 may possess, test, transport, and lawfully dispose of
 1307  marijuana for research purposes as provided by department rule.
 1308         (13) RULEMAKING.—
 1309         (a) The department and the applicable boards shall adopt
 1310  emergency rules pursuant to s. 120.54(4) and this subsection
 1311  necessary to implement this section. If an emergency rule
 1312  adopted under this subsection is held to be unconstitutional or
 1313  an invalid exercise of delegated legislative authority and
 1314  becomes void, the department and the applicable boards may adopt
 1315  an emergency rule to replace the rule that has become void. If
 1316  the emergency rule adopted to replace the void emergency rule is
 1317  also held to be unconstitutional or an invalid exercise of
 1318  delegated legislative authority and becomes void, the department
 1319  and the applicable boards must follow the nonemergency
 1320  rulemaking procedures of the Administrative Procedures Act to
 1321  replace the rule that has become void.
 1322         (b) For emergency rules adopted under this subsection, the
 1323  department and the applicable boards need not make the findings
 1324  required by s. 120.54(4)(a). Emergency rules adopted under this
 1325  subsection are exempt from ss. 120.54(3)(b) and 120.541. The
 1326  department and the applicable boards shall meet the procedural
 1327  requirements in s. 120.54(2)(a) if the department or the
 1328  applicable boards have, before the effective date of this act,
 1329  held any public workshops or hearings on the subject matter of
 1330  emergency rules adopted under this subsection. Challenges to
 1331  emergency rules adopted under this subsection are subject to the
 1332  time schedules provided in s. 120.56(5).
 1333         (c) Emergency rules adopted under this section are exempt
 1334  from s. 120.54(4)(c) and shall remain in effect until replaced
 1335  by rules adopted under the nonemergency rulemaking procedures of
 1336  the Administrative Procedures Act. By January 1, 2018, the
 1337  department and the applicable boards shall initiate nonemergency
 1338  rulemaking pursuant to the Administrative Procedures Act by
 1339  publishing a notice of rule development in the Florida
 1340  Administrative Register. Except as provided in paragraph (a),
 1341  after January 1, 2018, the department and applicable boards may
 1342  not adopt rules pursuant to the emergency rulemaking procedures
 1343  provided in this subsection.
 1344         Section 2. Section 1004.4351, Florida Statutes, is created
 1345  to read:
 1346         1004.4351Medical marijuana research and education.—
 1347         (1) SHORT TITLE.—This section shall be known and may be
 1348  cited as the “Medical Marijuana Research and Education Act.”
 1349         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
 1350         (a) The present state of knowledge concerning the use of
 1351  marijuana to alleviate pain and treat illnesses is limited
 1352  because permission to perform clinical studies on marijuana is
 1353  difficult to obtain, with access to research-grade marijuana so
 1354  restricted that little or no unbiased studies have been
 1355  performed.
 1356         (b) Under the State Constitution, marijuana is available
 1357  for the treatment of certain debilitating medical conditions.
 1358         (c) Additional clinical studies are needed to ensure that
 1359  the residents of this state obtain the correct dosing,
 1360  formulation, route, modality, frequency, quantity, and quality
 1361  of marijuana for specific illnesses.
 1362         (d) An effective medical marijuana research and education
 1363  program would mobilize the scientific, educational, and medical
 1364  resources that presently exist in this state to determine the
 1365  appropriate and best use of marijuana to treat illness.
 1366         (3) DEFINITIONS.—As used in this section, the term:
 1367         (a) “Board” means the Medical Marijuana Research and
 1368  Education Board.
 1369         (b) “Coalition” means the Coalition for Medical Marijuana
 1370  Research and Education.
 1371         (c) “Marijuana” has the same meaning as provided in s. 29,
 1372  Art. X of the State Constitution.
 1373         (4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND
 1374  EDUCATION.—
 1375         (a) There is established within the H. Lee Moffitt Cancer
 1376  Center and Research Institute, Inc., the Coalition for Medical
 1377  Marijuana Research and Education. The purpose of the coalition
 1378  is to conduct rigorous scientific research, provide education,
 1379  disseminate research, and guide policy for the adoption of a
 1380  statewide policy on ordering and dosing practices for the
 1381  medicinal use of marijuana. The coalition shall be physically
 1382  located at the H. Lee Moffitt Cancer Center and Research
 1383  Institute, Inc.
 1384         (b)Beginning January 15, 2018, and quarterly thereafter,
 1385  the Department of Health shall electronically submit to the
 1386  coalition a data set that includes, for each patient registered
 1387  with the compassionate use registry, as described in s. 381.986:
 1388         1.The debilitating medical condition, as defined in s.
 1389  381.986, of the patient;
 1390         2. The amount of marijuana certified, and the recommended
 1391  length of time that the amount of marijuana is certified, for
 1392  the patient;
 1393         3. The route of administration of marijuana to the patient
 1394  and any delivery device for the administration of marijuana to
 1395  the patient; and
 1396         4.The patient’s certifying physician.
 1397  
 1398  The coalition shall review the data submitted by the department.
 1399  If, after review of the data, the coalition determines that
 1400  state law and rules should be modified to address abuse or fraud
 1401  of the system established in s. 29, Art. X of the State
 1402  Constitution, s. 381.986, and associated rules, the coalition
 1403  must include recommendations for changes to state law and rules
 1404  to address such abuse or fraud in the report submitted by the
 1405  board pursuant to paragraph (g).
 1406         (c) The Medical Marijuana Research and Education Board is
 1407  established to direct the operations of the coalition. The board
 1408  shall be composed of seven members appointed by the chief
 1409  executive officer of the H. Lee Moffitt Cancer Center and
 1410  Research Institute, Inc. Board members must have experience in a
 1411  variety of scientific and medical fields, including, but not
 1412  limited to, oncology, neurology, psychology, pediatrics,
 1413  nutrition, and addiction. Members shall be appointed to 4-year
 1414  terms and may be reappointed to serve additional terms. The
 1415  chair shall be elected by the board from among its members to
 1416  serve a 2-year term. The board shall meet no less than
 1417  semiannually, at the call of the chair or, in his or her absence
 1418  or incapacity, the vice chair. Four members constitute a quorum.
 1419  A majority vote of the members present is required for all
 1420  actions of the board. The board may prescribe, amend, and repeal
 1421  a charter governing the manner in which it conducts its
 1422  business. A board member shall serve without compensation but is
 1423  entitled to be reimbursed for travel expenses by the coalition
 1424  or the organization he or she represents in accordance with s.
 1425  112.061.
 1426         (d) The coalition shall be administered by a coalition
 1427  director, who shall be appointed by and serve at the pleasure of
 1428  the board. The coalition director shall, subject to the approval
 1429  of the board:
 1430         1. Propose a budget for the coalition.
 1431         2. Foster the collaboration of scientists, researchers, and
 1432  other appropriate personnel in accordance with the coalition’s
 1433  charter.
 1434         3. Identify and prioritize the research to be conducted by
 1435  the coalition.
 1436         4. Prepare the Medical Marijuana Research and Education
 1437  Plan for submission to the board.
 1438         5. Apply for grants to obtain funding for research
 1439  conducted by the coalition.
 1440         6. Perform other duties as determined by the board.
 1441         (e) The board shall advise the Board of Governors, the
 1442  State Surgeon General, the Governor, and the Legislature with
 1443  respect to medical marijuana research and education in this
 1444  state. The board shall explore methods of implementing and
 1445  enforcing medical marijuana laws in relation to cancer control,
 1446  research, treatment, and education.
 1447         (f) The board shall annually adopt a plan for medical
 1448  marijuana research, known as the “Medical Marijuana Research and
 1449  Education Plan,” which must be in accordance with state law and
 1450  coordinate with existing programs in this state. The plan must
 1451  include recommendations for the coordination and integration of
 1452  medical, nursing, paramedical, community, and other resources
 1453  connected with the treatment of debilitating medical conditions,
 1454  research related to the treatment of such medical conditions,
 1455  and education.
 1456         (g) By February 15 of each year, the board shall issue a
 1457  report to the Governor, the President of the Senate, and the
 1458  Speaker of the House of Representatives on research projects,
 1459  community outreach initiatives, and future plans for the
 1460  coalition.
 1461         (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
 1462  AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center
 1463  and Research Institute, Inc., shall allocate staff and provide
 1464  information and assistance, as the coalition’s budget permits,
 1465  to assist the board in fulfilling its responsibilities.
 1466         Section 3. Paragraph (b) of subsection (3) of section
 1467  381.987, Florida Statutes, is amended to read:
 1468         381.987 Public records exemption for personal identifying
 1469  information in the compassionate use registry.—
 1470         (3) The department shall allow access to the registry,
 1471  including access to confidential and exempt information, to:
 1472         (b) A medical marijuana treatment center registered with
 1473  dispensing organization approved by the department pursuant to
 1474  s. 381.986 which is attempting to verify the authenticity of a
 1475  physician certification physician’s order for marijuana low-THC
 1476  cannabis, including whether the physician certification order
 1477  had been previously filled and whether the physician
 1478  certification order was written for the person attempting to
 1479  have it filled.
 1480         Section 4. Subsection (1) of section 385.211, Florida
 1481  Statutes, is amended to read:
 1482         385.211 Refractory and intractable epilepsy treatment and
 1483  research at recognized medical centers.—
 1484         (1) As used in this section, the term “low-THC cannabis”
 1485  means “low-THC cannabis” as defined in s. 381.986 which that is
 1486  dispensed only from a medical marijuana treatment center
 1487  dispensing organization as defined in s. 381.986.
 1488         Section 5. Present paragraphs (b) and (c) of subsection (2)
 1489  of section 499.0295, Florida Statutes, are redesignated as
 1490  paragraphs (a) and (b), respectively, present paragraphs (a) and
 1491  (c) of that subsection are amended, a new paragraph (c) is added
 1492  to that subsection, and subsection (3) of that section is
 1493  amended, to read:
 1494         499.0295 Experimental treatments for terminal conditions.—
 1495         (2) As used in this section, the term:
 1496         (a) “Dispensing organization” means an organization
 1497  approved by the Department of Health under s. 381.986(5) to
 1498  cultivate, process, transport, and dispense low-THC cannabis,
 1499  medical cannabis, and cannabis delivery devices.
 1500         (b)(c) “Investigational drug, biological product, or
 1501  device” means:
 1502         1. A drug, biological product, or device that has
 1503  successfully completed phase 1 of a clinical trial but has not
 1504  been approved for general use by the United States Food and Drug
 1505  Administration and remains under investigation in a clinical
 1506  trial approved by the United States Food and Drug
 1507  Administration; or
 1508         2. Marijuana Medical cannabis that is manufactured and sold
 1509  by an MMTC a dispensing organization.
 1510         (c) Medical marijuana treatment center” or “MMTC” means an
 1511  organization registered with the Department of Health under s.
 1512  381.986.
 1513         (3) Upon the request of an eligible patient, a manufacturer
 1514  may, or upon the issuance of a physician certification a
 1515  physician’s order pursuant to s. 381.986, an MMTC a dispensing
 1516  organization may:
 1517         (a) Make its investigational drug, biological product, or
 1518  device available under this section.
 1519         (b) Provide an investigational drug, biological product,
 1520  device, or cannabis delivery device as defined in s. 381.986 to
 1521  an eligible patient without receiving compensation.
 1522         (c) Require an eligible patient to pay the costs of, or the
 1523  costs associated with, the manufacture of the investigational
 1524  drug, biological product, device, or cannabis delivery device as
 1525  defined in s. 381.986.
 1526         Section 6. Subsection (1) of section 1004.441, Florida
 1527  Statutes, is amended to read:
 1528         1004.441 Refractory and intractable epilepsy treatment and
 1529  research.—
 1530         (1) As used in this section, the term “low-THC cannabis”
 1531  means “low-THC cannabis” as defined in s. 381.986 which that is
 1532  dispensed only from a medical marijuana treatment center
 1533  dispensing organization as defined in s. 381.986.
 1534         Section 7. The Division of Law Revision and Information is
 1535  directed to replace the phrase “the effective date of this act”
 1536  wherever it occurs in this act with the date the act becomes a
 1537  law.
 1538         Section 8. This act shall take effect upon becoming a law.

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