Bill Text: FL S0726 | 2018 | Regular Session | Introduced
Bill Title: Smoking Marijuana for Medical Use
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S0726 Detail]
Download: Florida-2018-S0726-Introduced.html
Florida Senate - 2018 SB 726 By Senator Farmer 34-00319A-18 2018726__ 1 A bill to be entitled 2 An act relating to smoking marijuana for medical use; 3 amending s. 381.986, F.S.; redefining terms to 4 authorize the production, processing, transportation, 5 sale, possession, and administration of marijuana in a 6 form for smoking for medical use; removing the 7 requirement that a marijuana delivery device be 8 dispensed from a medical marijuana treatment center; 9 deleting a provision requiring specified parties to be 10 able to access the medical marijuana use registry to 11 verify the authorization of a qualified patient or a 12 caregiver to possess a marijuana delivery device; 13 removing the requirement that a caregiver be in 14 immediate possession of his or her medical marijuana 15 use registry identification card when in possession of 16 a marijuana delivery device; deleting provisions 17 prohibiting a medical marijuana treatment center from 18 contracting for certain services related to marijuana 19 delivery devices; conforming provisions to changes 20 made by the act; removing a requirement that at least 21 two persons be in a vehicle transporting marijuana 22 delivery devices; removing the requirement that safety 23 and security training be provided to employees 24 transporting or delivering marijuana delivery devices; 25 revising grounds for a criminal penalty to remove a 26 requirement that a qualified patient or caregiver 27 present his or her medical marijuana use registry 28 identification card when in possession of a marijuana 29 delivery device under certain circumstances; providing 30 an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Paragraphs (g), (j), (k), and (n) of subsection 35 (1), paragraph (a) of subsection (5), paragraph (g) of 36 subsection (6), paragraphs (e) and (g) of subsection (8), and 37 paragraph (e) of subsection (12) of section 381.986, Florida 38 Statutes, are amended to read: 39 381.986 Medical use of marijuana.— 40 (1) DEFINITIONS.—As used in this section, the term: 41 (g) “Marijuana delivery device” means an object in the 42 possession of a caregiver or a qualified patient which is used, 43 intended for use, or designed for use in preparing, storing, 44 ingesting, burning, or inhaling marijuana,or otherwise 45 introducing marijuana into the human body, and which is46dispensed from a medical marijuana treatment center for medical47use by a qualified patient. The term includes, but is not 48 limited to, a cartridge, a grinder, a pipe, rolling papers, a 49 syringe, or a vaporizer. 50 (j) “Medical use” means the acquisition, possession, use, 51 delivery, transfer, or administration of marijuana authorized by 52 a physician certification. 53 1. The term includes possession, use, or administration of 54 marijuana in a form for smoking. 55 2. The term does not include: 56 a.1.Possession, use, or administration of marijuana that 57 was not purchased or acquired from a medical marijuana treatment 58 center. 59 b.2.Possession, use, or administration of marijuanain a60form for smoking,in the form of commercially produced food 61 items other than edibles,or of marijuana seedsor flower,62except for flower in a sealed, tamper-proof receptaclefor63vaping. 64 c.3.Use or administration of any form or amount of 65 marijuana in a manner that is inconsistent with the qualified 66 physician’s directions or physician certification. 67 d.4.Transfer of marijuana to a person other than the 68 qualified patient for whom it was authorized or the qualified 69 patient’s caregiver on behalf of the qualified patient. 70 e.5.Use or administration of marijuana in the following 71 locations: 72 (I)a.On any form of public transportation, except for low 73 THC cannabis. 74 (II)b.In any public place, except for low-THC cannabis. 75 (III)c.In a qualified patient’s place of employment, 76 except when permitted by his or her employer. 77 (IV)d.In a state correctional institution, as defined in 78 s. 944.02, or a correctional institution, as defined in s. 79 944.241. 80 (V)e.On the grounds of a preschool, primary school, or 81 secondary school, except as provided in s. 1006.062. 82 (VI)f.In a school bus, a vehicle, an aircraft, or a 83 motorboat, except for low-THC cannabis. 84 (k) “Physician certification” means a qualified physician’s 85 authorization for a qualified patient to receive marijuanaand a86marijuana delivery devicefrom a medical marijuana treatment 87 center or marijuana delivery devices needed by the qualified 88 patient for medical use. 89 (n) “Smoking” means the inhalation of the smoke of burning 90 marijuana contained or held in a marijuana delivery deviceor91ignitinga substance and inhaling the smoke. 92 (5) MEDICAL MARIJUANA USE REGISTRY.— 93 (a) The department shall create and maintain a secure, 94 electronic, and online medical marijuana use registry for 95 physicians, patients, and caregivers as provided under this 96 section. The medical marijuana use registry must be accessible 97 to law enforcement agencies, qualified physicians, and medical 98 marijuana treatment centers to verify the authorization of a 99 qualified patient or a caregiver to possess marijuanaor a100marijuana delivery deviceand record the marijuana or marijuana 101 delivery device dispensed. The medical marijuana use registry 102 must also be accessible to practitioners licensed to prescribe 103 prescription drugs to ensure proper care for patients before 104 medications that may interact with the medical use of marijuana 105 are prescribed. The medical marijuana use registry must prevent 106 an active registration of a qualified patient by multiple 107 physicians. 108 (6) CAREGIVERS.— 109 (g) A caregiver must be in immediate possession of his or 110 her medical marijuana use registry identification card at all 111 times when in possession of marijuanaor a marijuana delivery112deviceand must present his or her medical marijuana use 113 registry identification card upon the request of a law 114 enforcement officer. 115 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 116 (e) A licensed medical marijuana treatment center shall 117 cultivate, process, transport, and dispense marijuana for 118 medical use. A licensed medical marijuana treatment center may 119 not contract for services directly related to the cultivation, 120 processing, and dispensing of marijuanaor marijuana delivery121devices, except that a medical marijuana treatment center 122 licensed pursuant to subparagraph (a)1. may contract with a 123 single entity for the cultivation, processing, transporting, and 124 dispensing of marijuanaand marijuana delivery devices. A 125 licensed medical marijuana treatment center must, at all times, 126 maintain compliance with the criteria demonstrated and 127 representations made in the initial application and the criteria 128 established in this subsection. Upon request, the department may 129 grant a medical marijuana treatment center a variance from the 130 representations made in the initial application. Consideration 131 of such a request shall be based upon the individual facts and 132 circumstances surrounding the request. A variance may not be 133 granted unless the requesting medical marijuana treatment center 134 can demonstrate to the department that it has a proposed 135 alternative to the specific representation made in its 136 application which fulfills the same or a similar purpose as the 137 specific representation in a way that the department can 138 reasonably determine will not be a lower standard than the 139 specific representation in the application. A variance may not 140 be granted from the requirements in subparagraph 2. and 141 subparagraphs (b)1. and 2. 142 1. A licensed medical marijuana treatment center may 143 transfer ownership to an individual or entity who meets the 144 requirements of this section. A publicly traded corporation or 145 publicly traded company that meets the requirements of this 146 section is not precluded from ownership of a medical marijuana 147 treatment center. To accommodate a change in ownership: 148 a. The licensed medical marijuana treatment center shall 149 notify the department in writing at least 60 days before the 150 anticipated date of the change of ownership. 151 b. The individual or entity applying for initial licensure 152 due to a change of ownership must submit an application that 153 must be received by the department at least 60 days before the 154 date of change of ownership. 155 c. Upon receipt of an application for a license, the 156 department shall examine the application and, within 30 days 157 after receipt, notify the applicant in writing of any apparent 158 errors or omissions and request any additional information 159 required. 160 d. Requested information omitted from an application for 161 licensure must be filed with the department within 21 days after 162 the department’s request for omitted information or the 163 application shall be deemed incomplete and shall be withdrawn 164 from further consideration and the fees shall be forfeited. 165 166 Within 30 days after the receipt of a complete application, the 167 department shall approve or deny the application. 168 2. A medical marijuana treatment center, and any individual 169 or entity who directly or indirectly owns, controls, or holds 170 with power to vote 5 percent or more of the voting shares of a 171 medical marijuana treatment center, may not acquire direct or 172 indirect ownership or control of any voting shares or other form 173 of ownership of any other medical marijuana treatment center. 174 3. A medical marijuana treatment center may not enter into 175 any form of profit-sharing arrangement with the property owner 176 or lessor of any of its facilities where cultivation, 177 processing, storing, or dispensing of marijuana and marijuana 178 delivery devices occurs. 179 4. All employees of a medical marijuana treatment center 180 must be 21 years of age or older and have passed a background 181 screening pursuant to subsection (9). 182 5. Each medical marijuana treatment center must adopt and 183 enforce policies and procedures to ensure employees and 184 volunteers receive training on the legal requirements to 185 dispense marijuana to qualified patients. 186 6. When growing marijuana, a medical marijuana treatment 187 center: 188 a. May use pesticides determined by the department, after 189 consultation with the Department of Agriculture and Consumer 190 Services, to be safely applied to plants intended for human 191 consumption, but may not use pesticides designated as 192 restricted-use pesticides pursuant to s. 487.042. 193 b. Must grow marijuana within an enclosed structure and in 194 a room separate from any other plant. 195 c. Must inspect seeds and growing plants for plant pests 196 that endanger or threaten the horticultural and agricultural 197 interests of the state in accordance with chapter 581 and any 198 rules adopted thereunder. 199 d. Must perform fumigation or treatment of plants, or 200 remove and destroy infested or infected plants, in accordance 201 with chapter 581 and any rules adopted thereunder. 202 7. Each medical marijuana treatment center must produce and 203 make available for purchase at least one low-THC cannabis 204 product. 205 8. A medical marijuana treatment center that produces 206 edibles must hold a permit to operate as a food establishment 207 pursuant to chapter 500, the Florida Food Safety Act, and must 208 comply with all the requirements for food establishments 209 pursuant to chapter 500 and any rules adopted thereunder. 210 Edibles may not contain more than 200 milligrams of 211 tetrahydrocannabinol, and a single serving portion of an edible 212 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 213 may have a potency variance of no greater than 15 percent. 214 Edibles may not be attractive to children; be manufactured in 215 the shape of humans, cartoons, or animals; be manufactured in a 216 form that bears any reasonable resemblance to products available 217 for consumption as commercially available candy; or contain any 218 color additives. To discourage consumption of edibles by 219 children, the department shall determine by rule any shapes, 220 forms, and ingredients allowed and prohibited for edibles. 221 Medical marijuana treatment centers may not begin processing or 222 dispensing edibles until after the effective date of the rule. 223 The department shall also adopt sanitation rules providing the 224 standards and requirements for the storage, display, or 225 dispensing of edibles. 226 9. Within 12 months after licensure, a medical marijuana 227 treatment center must demonstrate to the department that all of 228 its processing facilities have passed a Food Safety Good 229 Manufacturing Practices, such as Global Food Safety Initiative 230 or equivalent, inspection by a nationally accredited certifying 231 body. A medical marijuana treatment center must immediately stop 232 processing at any facility which fails to pass this inspection 233 until it demonstrates to the department that such facility has 234 met this requirement. 235 10. When processing marijuana, a medical marijuana 236 treatment center must: 237 a. Process the marijuana within an enclosed structure and 238 in a room separate from other plants or products. 239 b. Comply with department rules when processing marijuana 240 with hydrocarbon solvents or other solvents or gases exhibiting 241 potential toxicity to humans. The department shall determine by 242 rule the requirements for medical marijuana treatment centers to 243 use such solvents or gases exhibiting potential toxicity to 244 humans. 245 c. Comply with federal and state laws and regulations and 246 department rules for solid and liquid wastes. The department 247 shall determine by rule procedures for the storage, handling, 248 transportation, management, and disposal of solid and liquid 249 waste generated during marijuana production and processing. The 250 Department of Environmental Protection shall assist the 251 department in developing such rules. 252 d. Test the processed marijuana using a medical marijuana 253 testing laboratory before it is dispensed. Results must be 254 verified and signed by two medical marijuana treatment center 255 employees. Before dispensing, the medical marijuana treatment 256 center must determine that the test results indicate that low 257 THC cannabis meets the definition of low-THC cannabis, the 258 concentration of tetrahydrocannabinol meets the potency 259 requirements of this section, the labeling of the concentration 260 of tetrahydrocannabinol and cannabidiol is accurate, and all 261 marijuana is safe for human consumption and free from 262 contaminants that are unsafe for human consumption. The 263 department shall determine by rule which contaminants must be 264 tested for and the maximum levels of each contaminant which are 265 safe for human consumption. The Department of Agriculture and 266 Consumer Services shall assist the department in developing the 267 testing requirements for contaminants that are unsafe for human 268 consumption in edibles. The department shall also determine by 269 rule the procedures for the treatment of marijuana that fails to 270 meet the testing requirements of this section, s. 381.988, or 271 department rule. The department may select a random sample from 272 edibles available for purchase in a dispensing facility which 273 shall be tested by the department to determine that the edible 274 meets the potency requirements of this section, is safe for 275 human consumption, and the labeling of the tetrahydrocannabinol 276 and cannabidiol concentration is accurate. A medical marijuana 277 treatment center may not require payment from the department for 278 the sample. A medical marijuana treatment center must recall 279 edibles, including all edibles made from the same batch of 280 marijuana, which fail to meet the potency requirements of this 281 section, which are unsafe for human consumption, or for which 282 the labeling of the tetrahydrocannabinol and cannabidiol 283 concentration is inaccurate. The medical marijuana treatment 284 center must retain records of all testing and samples of each 285 homogenous batch of marijuana for at least 9 months. The medical 286 marijuana treatment center must contract with a marijuana 287 testing laboratory to perform audits on the medical marijuana 288 treatment center’s standard operating procedures, testing 289 records, and samples and provide the results to the department 290 to confirm that the marijuana or low-THC cannabis meets the 291 requirements of this section and that the marijuana or low-THC 292 cannabis is safe for human consumption. A medical marijuana 293 treatment center shall reserve two processed samples from each 294 batch and retain such samples for at least 9 months for the 295 purpose of such audits. A medical marijuana treatment center may 296 use a laboratory that has not been certified by the department 297 under s. 381.988 until such time as at least one laboratory 298 holds the required certification, but in no event later than 299 July 1, 2018. 300 e. Package the marijuana in compliance with the United 301 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 302 1471 et seq. 303 f. Package the marijuana in a receptacle that has a firmly 304 affixed and legible label stating the following information: 305 (I) The marijuana or low-THC cannabis meets the 306 requirements of sub-subparagraph d. 307 (II) The name of the medical marijuana treatment center 308 from which the marijuana originates. 309 (III) The batch number and harvest number from which the 310 marijuana originates and the date dispensed. 311 (IV) The name of the physician who issued the physician 312 certification. 313 (V) The name of the patient. 314 (VI) The product name, if applicable, and dosage form, 315 including concentration of tetrahydrocannabinol and cannabidiol. 316 The product name may not contain wording commonly associated 317 with products marketed by or to children. 318 (VII) The recommended dose. 319 (VIII) A warning that it is illegal to transfer medical 320 marijuana to another person. 321 (IX) A marijuana universal symbol developed by the 322 department. 323 11. The medical marijuana treatment center shall include in 324 each package a patient package insert with information on the 325 specific product dispensed related to: 326 a. Clinical pharmacology. 327 b. Indications and use. 328 c. Dosage and administration. 329 d. Dosage forms and strengths. 330 e. Contraindications. 331 f. Warnings and precautions. 332 g. Adverse reactions. 333 12. Each edible shall be individually sealed in plain, 334 opaque wrapping marked only with the marijuana universal symbol. 335 Where practical, each edible shall be marked with the marijuana 336 universal symbol. In addition to the packaging and labeling 337 requirements in subparagraphs 10. and 11., edible receptacles 338 must be plain, opaque, and white without depictions of the 339 product or images other than the medical marijuana treatment 340 center’s department-approved logo and the marijuana universal 341 symbol. The receptacle must also include a list all of the 342 edible’s ingredients, storage instructions, an expiration date, 343 a legible and prominent warning to keep away from children and 344 pets, and a warning that the edible has not been produced or 345 inspected pursuant to federal food safety laws. 346 13. When dispensing marijuana or a marijuana delivery 347 device, a medical marijuana treatment center: 348 a. May dispense any active, valid order for low-THC 349 cannabis, medical cannabis and cannabis delivery devices issued 350 pursuant to former s. 381.986, Florida Statutes 2016, which was 351 entered into the medical marijuana use registry before July 1, 352 2017. 353 b. May not dispense more than a 70-day supply of marijuana 354 to a qualified patient or caregiver. 355 c. Must have the medical marijuana treatment center’s 356 employee who dispenses the marijuana or a marijuana delivery 357 device enter into the medical marijuana use registry his or her 358 name or unique employee identifier. 359 d. Must verify that the qualified patient and the 360 caregiver, if applicable, each have an active registration in 361 the medical marijuana use registry and an active and valid 362 medical marijuana use registry identification card, the amount 363 and type of marijuana dispensed matches the physician 364 certification in the medical marijuana use registry for that 365 qualified patient, and the physician certification has not 366 already been filled. 367 e. May not dispense marijuana to a qualified patient who is 368 younger than 18 years of age. If the qualified patient is 369 younger than 18 years of age, marijuana may only be dispensed to 370 the qualified patient’s caregiver. 371 f. May not dispense or sell any other type of cannabis, 372 alcohol, or illicit drug-related product,including pipes,373bongs, or wrapping papers,other than a marijuana delivery 374 device required for the medical use of marijuana asand which is375 specified in a physician certification. 376 g. Must, upon dispensing the marijuana or marijuana 377 delivery device, record in the registry the date, time, 378 quantity, and form of marijuana dispensed; the type of marijuana 379 delivery device dispensed; and the name and medical marijuana 380 use registry identification number of the qualified patient or 381 caregiver to whom the marijuana delivery device was dispensed. 382 h. Must ensure that patient records are not visible to 383 anyone other than the qualified patient, his or her caregiver, 384 and authorized medical marijuana treatment center employees. 385 (g) To ensure the safe transport of marijuanaand marijuana386delivery devicesto medical marijuana treatment centers, 387 marijuana testing laboratories, or qualified patients, a medical 388 marijuana treatment center must: 389 1. Maintain a marijuana transportation manifest in any 390 vehicle transporting marijuana. The marijuana transportation 391 manifest must be generated from a medical marijuana treatment 392 center’s seed-to-sale tracking system and include the: 393 a. Departure date and approximate time of departure. 394 b. Name, location address, and license number of the 395 originating medical marijuana treatment center. 396 c. Name and address of the recipient of the delivery. 397 d. Quantity and form of any marijuana or marijuana delivery 398 device being transported. 399 e. Arrival date and estimated time of arrival. 400 f. Delivery vehicle make and model and license plate 401 number. 402 g. Name and signature of the medical marijuana treatment 403 center employees delivering the product. 404 (I) A copy of the marijuana transportation manifest must be 405 provided to each individual, medical marijuana treatment center, 406 or marijuana testing laboratory that receives a delivery. The 407 individual, or a representative of the center or laboratory, 408 must sign a copy of the marijuana transportation manifest 409 acknowledging receipt. 410 (II) An individual transporting marijuana or a marijuana 411 delivery device must present a copy of the relevant marijuana 412 transportation manifest and his or her employee identification 413 card to a law enforcement officer upon request. 414 (III) Medical marijuana treatment centers and marijuana 415 testing laboratories must retain copies of all marijuana 416 transportation manifests for at least 3 years. 417 2. Ensure only vehicles in good working order are used to 418 transport marijuana. 419 3. Lock marijuana and marijuana delivery devices in a 420 separate compartment or container within the vehicle. 421 4. Require employees to have possession of their employee 422 identification card at all times when transporting marijuana or 423 marijuana delivery devices. 424 5. Require at least two persons to be in a vehicle 425 transporting marijuanaor marijuana delivery devices, and 426 require at least one person to remain in the vehicle while the 427 marijuanaor marijuana delivery deviceis being delivered. 428 6. Provide specific safety and security training to 429 employees transporting or delivering marijuanaand marijuana430delivery devices. 431 (12) PENALTIES.— 432 (e)1. A qualified patient or caregiver in possession of 433 marijuanaor a marijuana delivery devicewho fails or refuses to 434 present his or her marijuana use registry identification card 435 upon the request of a law enforcement officer commits a 436 misdemeanor of the second degree, punishable as provided in s. 437 775.082 or s. 775.083, unless it can be determined through the 438 medical marijuana use registry that the person is authorized to 439 be in possession of that marijuanaor marijuana delivery device. 440 2. A person charged with a violation of this paragraph may 441 not be convicted if, before or at the time of his or her court 442 or hearing appearance, the person produces in court or to the 443 clerk of the court in which the charge is pending a medical 444 marijuana use registry identification card issued to him or her 445 which is valid at the time of his or her arrest. The clerk of 446 the court is authorized to dismiss such case at any time before 447 the defendant’s appearance in court. The clerk of the court may 448 assess a fee of $5 for dismissing the case under this paragraph. 449 Section 2. This act shall take effect July 1, 2018.