Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 460
Ì466428AÎ466428
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/04/2016 .
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The Committee on Fiscal Policy (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 381.986, Florida Statutes, is amended to
6 read:
7 381.986 Compassionate use of low-THC cannabis.—
8 (1) DEFINITIONS.—As used in this section, the term:
9 (a) “Caregiver” means an individual who is 21 years of age
10 or older, a permanent resident of the state, and registered with
11 the Department of Health to assist a patient with the medical
12 use of low-THC cannabis.
13 (b)(a) “Dispensing organization” means an organization
14 approved by the department to cultivate, process, and dispense
15 low-THC cannabis pursuant to this section.
16 (c) “Independent testing laboratory” means a laboratory,
17 and the managers, employees, or contractors of the laboratory,
18 which has no direct or indirect interest in a dispensing
19 organization.
20 (d)(b) “Low-THC cannabis” means a plant of the genus
21 Cannabis, the dried flowers of which contain 0.8 percent or less
22 of tetrahydrocannabinol and more than 10 percent of cannabidiol
23 weight for weight; the seeds thereof; the resin extracted from
24 any part of such plant; or any compound, manufacture, salt,
25 derivative, mixture, or preparation of such plant or its seeds
26 or resin that is dispensed only from a dispensing organization.
27 (e)(c) “Medical use” means administration of the ordered
28 amount of cannabis or low-THC cannabis. The term does not
29 include:
30 1. The possession, use, or administration by smoking.
31 2. The term also does not include The transfer of low-THC
32 cannabis to a person other than the qualified patient for whom
33 it was ordered or the qualified patient’s caregiver legal
34 representative on behalf of the qualified patient.
35 3. The use or administration of cannabis, low-THC cannabis,
36 or low-THC cannabis products:
37 a. On any form of public transportation.
38 b. In any public place.
39 c. In a registered qualified patient’s place of work, if
40 restricted by his or her employer.
41 d. In a correctional facility.
42 e. On the grounds of any preschool, primary school, or
43 secondary school.
44 f. On a school bus.
45 (f)(d) “Qualified patient” means a resident of this state
46 who has been added to the compassionate use registry by a
47 physician licensed under chapter 458 or chapter 459 to receive
48 low-THC cannabis from a dispensing organization.
49 (g)(e) “Smoking” means burning or igniting a substance and
50 inhaling the smoke. Smoking does not include the use of a
51 vaporizer.
52 (2) PHYSICIAN ORDERING.—Effective January 1, 2015, A
53 physician licensed under chapter 458 or chapter 459 who has
54 examined and is treating a patient suffering from cancer or a
55 physical medical condition that chronically produces symptoms of
56 seizures or severe and persistent muscle spasms may order for
57 the patient’s medical use low-THC cannabis to treat such
58 disease, disorder, or condition or to alleviate symptoms of such
59 disease, disorder, or condition, if no other satisfactory
60 alternative treatment options exist for that patient. A
61 physician licensed under chapter 458 or chapter 459 may order
62 cannabis for the use of patients as established in s. 499.0295.
63 Before a physician orders cannabis or low-THC cannabis, and all
64 of the following conditions must apply:
65 (a) The patient is a permanent resident of this state.
66 (b) The physician determines that the risks of ordering
67 cannabis or low-THC cannabis are reasonable in light of the
68 potential benefit for that patient. For low-THC cannabis, if a
69 patient is younger than 18 years of age, a second physician must
70 concur with this determination, and such determination must be
71 documented in the patient’s medical record.
72 (c) The physician registers as the orderer of cannabis or
73 low-THC cannabis for the named patient on the compassionate use
74 registry maintained by the department and updates the registry
75 to reflect the contents of the order. The physician must also
76 register the patient and the patient’s caregiver. The physician
77 shall deactivate the patient’s and his or her caregiver’s
78 registrations registration when treatment is discontinued.
79 (d) The physician maintains a patient treatment plan that
80 includes the dose, route of administration, planned duration,
81 and monitoring of the patient’s symptoms and other indicators of
82 tolerance or reaction to the cannabis or low-THC cannabis.
83 (e) The physician submits the patient treatment plan
84 quarterly to the University of Florida College of Pharmacy for
85 research on the safety and efficacy of low-THC cannabis on
86 patients.
87 (f) The physician obtains the voluntary informed consent of
88 the patient or the patient’s legal guardian to treatment with
89 cannabis or low-THC cannabis after sufficiently explaining the
90 current state of knowledge in the medical community of the
91 effectiveness of treatment of the patient’s condition with low
92 THC cannabis, the medically acceptable alternatives, and the
93 potential risks and side effects.
94 (g) The physician is not a medical director employed by a
95 dispensing organization.
96 (3) PENALTIES.—
97 (a) A physician commits a misdemeanor of the first degree,
98 punishable as provided in s. 775.082 or s. 775.083, if the
99 physician orders cannabis or low-THC cannabis for a patient
100 without a reasonable belief that the patient is suffering from:
101 1. Cancer or a physical medical condition that chronically
102 produces symptoms of seizures or severe and persistent muscle
103 spasms that can be treated with low-THC cannabis; or
104 2. Symptoms of cancer or a physical medical condition that
105 chronically produces symptoms of seizures or severe and
106 persistent muscle spasms that can be alleviated with low-THC
107 cannabis; or.
108 3. For the ordering of cannabis, a condition that meets the
109 requirements specified in s. 499.0295.
110 (b) Any person who fraudulently represents that he or she
111 has cancer, or a physical medical condition that chronically
112 produces symptoms of seizures or severe and persistent muscle
113 spasms, or a condition that meets the requirements specified in
114 s. 499.0295 to a physician for the purpose of being ordered
115 cannabis or low-THC cannabis by such physician commits a
116 misdemeanor of the first degree, punishable as provided in s.
117 775.082 or s. 775.083.
118 (c) A physician who orders cannabis or low-THC cannabis and
119 receives compensation from a dispensing organization related to
120 the ordering of cannabis or low-THC cannabis is subject to
121 disciplinary action under the applicable practice act and s.
122 456.072(1)(n).
123 (4) PHYSICIAN EDUCATION.—
124 (a) Before ordering low-THC cannabis for use by a patient
125 in this state, the appropriate board shall require the ordering
126 physician licensed under chapter 458 or chapter 459 to
127 successfully complete an 8-hour course and subsequent
128 examination offered by the Florida Medical Association or the
129 Florida Osteopathic Medical Association that encompasses the
130 clinical indications for the appropriate use of low-THC
131 cannabis, the appropriate delivery mechanisms, the
132 contraindications for such use, as well as the relevant state
133 and federal laws governing the ordering, dispensing, and
134 possessing of this substance. The first course and examination
135 shall be presented by October 1, 2014, and shall be administered
136 at least annually thereafter. Successful completion of the
137 course may be used by a physician to satisfy 8 hours of the
138 continuing medical education requirements required by his or her
139 respective board for licensure renewal. This course may be
140 offered in a distance learning format.
141 (b) The appropriate board shall require the medical
142 director of each dispensing organization approved under
143 subsection (5) to successfully complete a 2-hour course and
144 subsequent examination offered by the Florida Medical
145 Association or the Florida Osteopathic Medical Association that
146 encompasses appropriate safety procedures and knowledge of low
147 THC cannabis.
148 (c) Successful completion of the course and examination
149 specified in paragraph (a) is required for every physician who
150 orders low-THC cannabis each time such physician renews his or
151 her license. In addition, successful completion of the course
152 and examination specified in paragraph (b) is required for the
153 medical director of each dispensing organization each time such
154 physician renews his or her license.
155 (d) A physician who fails to comply with this subsection
156 and who orders low-THC cannabis may be subject to disciplinary
157 action under the applicable practice act and under s.
158 456.072(1)(k).
159 (5) DUTIES AND POWERS OF THE DEPARTMENT.—By January 1,
160 2015, The department shall:
161 (a) The department shall create a secure, electronic, and
162 online compassionate use registry for the registration of
163 physicians, and patients, and caregivers as provided under this
164 section and s. 499.0295. The registry must be accessible to law
165 enforcement agencies and to a dispensing organization in order
166 to verify patient authorization for cannabis or low-THC cannabis
167 and record the cannabis or low-THC cannabis dispensed. The
168 registry must prevent an active registration of a patient or
169 caregiver by multiple physicians.
170 (b) The department shall establish a system for issuing and
171 renewing patient and caregiver registration cards; establish the
172 circumstances under which the cards may be revoked by, or must
173 be returned to, the department; and establish fees to implement
174 such system. The department must require, at a minimum, the
175 registration cards to:
176 1. Provide the name, address, and date of birth of the
177 patient or caregiver.
178 2. Have a full-face, passport-type, color photograph of the
179 patient or caregiver taken within the 90 days before
180 registration.
181 3. Identify whether the cardholder is a patient or
182 caregiver.
183 4. List a unique numeric identifier for the patient or
184 caregiver which is matched to the identifier used for such
185 person in the department’s compassionate use registry.
186 5. Provide the expiration date, which shall be 1 year after
187 the date of the physician’s initial order of low-THC cannabis.
188 6. For the caregiver, provide the name and unique numeric
189 identifier of the patient that the caregiver is assisting.
190 7. Be resistant to counterfeiting or tampering.
191 (c)(b) The department shall authorize the establishment of
192 five dispensing organizations to ensure reasonable statewide
193 accessibility and availability as necessary for patients
194 registered in the compassionate use registry and who are ordered
195 low-THC cannabis under this section, one in each of the
196 following regions: northwest Florida, northeast Florida, central
197 Florida, southeast Florida, and southwest Florida. The
198 department shall develop an application form and impose an
199 initial application and biennial renewal fee that is sufficient
200 to cover the costs of administering this section. An applicant
201 for approval as a dispensing organization must be able to
202 demonstrate:
203 1. The technical and technological ability to cultivate and
204 produce low-THC cannabis. The applicant must possess a valid
205 certificate of registration issued by the Department of
206 Agriculture and Consumer Services pursuant to s. 581.131 that is
207 issued for the cultivation of more than 400,000 plants, be
208 operated by a nurseryman as defined in s. 581.011, and have been
209 operated as a registered nursery in this state for at least 30
210 continuous years.
211 2. The ability to secure the premises, resources, and
212 personnel necessary to operate as a dispensing organization.
213 3. The ability to maintain accountability of all raw
214 materials, finished products, and any byproducts to prevent
215 diversion or unlawful access to or possession of these
216 substances.
217 4. An infrastructure reasonably located to dispense low-THC
218 cannabis to registered patients statewide or regionally as
219 determined by the department.
220 5. The financial ability to maintain operations for the
221 duration of the 2-year approval cycle, including the provision
222 of certified financials to the department. Upon approval, the
223 applicant must post a $5 million performance bond.
224 6. That all owners and managers have been fingerprinted and
225 have successfully passed a level 2 background screening pursuant
226 to s. 435.04.
227 7. The employment of a medical director who is a physician
228 licensed under chapter 458 or chapter 459 to supervise the
229 activities of the dispensing organization.
230 (d) The department must inspect each dispensing
231 organization’s properties, cultivation facilities, processing
232 facilities, and retail facilities before the organization begins
233 operations and at least biennially upon renewal of the
234 dispensing organization’s approval. The department may conduct
235 announced or unannounced inspections, including followup
236 inspections, at reasonable hours in order to ensure that such
237 property and facilities maintain compliance with this section
238 and s. 499.0295 and to ensure that the dispensing organization
239 has not committed any act that would endanger the health,
240 safety, or security of a qualified patient, the dispensing
241 organization staff, or the community in which the dispensing
242 organization is located. Approval under this section constitutes
243 permission for the department to enter and inspect the premises
244 and facilities of any dispensing organization. The department
245 may inspect any approved dispensing organization, and a
246 dispensing organization must make all facility premises,
247 equipment, documents, cannabis, low-THC cannabis, and low-THC
248 cannabis products available to the department upon inspection.
249 (e) The department must ensure that each dispensing
250 organization adheres to the testing and labeling requirements
251 for cannabis, low-THC cannabis, and low-THC cannabis products
252 established in subsection (7). The department may test any
253 cannabis, low-THC cannabis, or low-THC cannabis product in order
254 to ensure that it is safe for human consumption and that it
255 meets the requirements in this section and section 499.0295.
256 (f)1. Subject to subparagraph 2., the department may impose
257 an administrative penalty not to exceed $10,000 for each
258 instance of the following violations:
259 a. Violating this section, s. 499.0295, or department rule.
260 b. Failing to maintain qualifications for approval.
261 c. Endangering the health, safety, or security of a
262 qualified patient.
263 d. Improperly disclosing personal and confidential
264 information of the qualified patient.
265 e. Attempting to procure a license by bribery or fraudulent
266 misrepresentation.
267 f. Being convicted or found guilty of, or entering a plea
268 of nolo contendere to, regardless of adjudication, a crime in
269 any jurisdiction which directly relates to the business of a
270 dispensing organization.
271 g. Making or filing a report or record that the dispensing
272 organization knows to be false.
273 h. Willfully failing to maintain a record required by this
274 section or a rule of the department.
275 i. Willfully impeding or obstructing an employee or agent
276 of the department in the furtherance of his or her official
277 duties.
278 j. Engaging in fraud or deceit, negligence, incompetence,
279 or misconduct in the business practices of a dispensing
280 organization.
281 k. Making misleading, deceptive, or fraudulent
282 representations in or related to the business practices of a
283 dispensing organization.
284 l. Having a license or the authority to engage in any
285 regulated profession, occupation, or business that is related to
286 the business practices of a dispensing organization revoked,
287 suspended, or otherwise acted against, including the denial of
288 licensure, by the licensing authority of any jurisdiction,
289 including its agencies or subdivisions, for a violation that
290 would constitute a violation under state law. A licensing
291 authority’s acceptance of a relinquishment of licensure or a
292 stipulation, consent order, or other settlement, offered in
293 response to or in anticipation of the filing of charges against
294 the license, shall be construed as an action against the
295 license.
296 m. Violating a lawful order of the department or an agency
297 of the state, or failing to comply with a lawfully issued
298 subpoena of the department or an agency of the state.
299 2. Before imposing an administrative penalty under this
300 paragraph, the department shall provide to the dispensing
301 organization notice of the alleged violation and allow 20
302 business days for the dispensing organization to take corrective
303 action to cure the alleged violation and, if applicable, to
304 implement corrective action to prevent a future violation. If
305 the dispensing organization takes appropriate corrective action
306 to cure the alleged violation and, if applicable, takes
307 appropriate corrective action to prevent a future violation, the
308 violation shall be deemed cured and an administrative penalty
309 may not be imposed. If the violation is not cured, the
310 department may impose an administrative penalty on the
311 dispensing organization and may suspend, revoke, deny, or refuse
312 to renew the approval of the dispensing organization.
313 (g) The department shall renew the approval of a dispensing
314 organization biennially if the dispensing organization meets the
315 requirements of this section, pays the biennial renewal fee,
316 and, if applicable, has cured each violation alleged under
317 paragraph (f).
318 (h)(c) The department shall monitor physician registration
319 and ordering of cannabis and low-THC cannabis for ordering
320 practices that could facilitate unlawful diversion or misuse of
321 cannabis or low-THC cannabis and take disciplinary action as
322 indicated.
323 (i)(d) The department shall adopt rules necessary to
324 implement this section.
325 (6) DISPENSING ORGANIZATION.—
326 (a) An approved dispensing organization shall maintain
327 compliance with the criteria demonstrated for selection and
328 approval as a dispensing organization under subsection (5) at
329 all times. Before dispensing low-THC cannabis to a qualified
330 patient or his or her caregiver or cannabis to a patient or his
331 or her caregiver who qualifies under the requirements in s.
332 499.0295, the dispensing organization shall verify that the
333 patient or caregiver has an identification card for cannabis or
334 low-THC cannabis issued by the department, active registration
335 in the compassionate use registry, the order presented matches
336 the order contents as recorded in the registry, and the order
337 has not already been filled. Upon dispensing the cannabis or
338 low-THC cannabis, the dispensing organization shall record in
339 the registry the date, time, quantity, and form of cannabis or
340 low-THC cannabis dispensed.
341 (b) A dispensing organization may have cultivation
342 facilities, processing facilities, and retail facilities.
343 1. All regulation of cultivation facilities and processing
344 facilities is preempted to the state.
345 2. The cultivation facilities and processing facilities
346 must be closed to the public.
347 3. A municipality may determine by ordinance the criteria
348 for the number and location of, and other permitting
349 requirements that do not conflict with state law or rule for,
350 all retail facilities located within its municipal boundaries. A
351 county may determine by ordinance the criteria for the number,
352 location, and other permitting requirements that do not conflict
353 with state law or rule for all retail facilities located within
354 the unincorporated areas of that county.
355 4. Retail facilities must have all utilities and resources
356 necessary to store and dispense cannabis, low-THC cannabis, and
357 cannabis and low-THC cannabis products.
358 5. Retail facilities must be secured and have theft
359 prevention systems, including an alarm system, cameras, and 24
360 hour security personnel.
361 6. Before a retail facility may dispense cannabis, low-THC
362 cannabis or a low-THC cannabis product, the dispensing
363 organization must have a computer network compliant with the
364 federal Health Insurance Portability and Accountability Act of
365 1996 which is able to access and upload data to the
366 compassionate use registry and which shall be used by all retail
367 facilities operated by that dispensing organization.
368 7. Other than cannabis, low-THC cannabis, and cannabis and
369 low-THC cannabis products, a dispensing organization may not
370 dispense or sell any other type of retail product other than the
371 paraphernalia required for the medical use of cannabis or low
372 THC cannabis in the form required on the physician’s order for
373 such cannabis.
374 (c) Within 15 days after such information becomes
375 available, a dispensing organization must provide the department
376 with updated information, as applicable, including:
377 1. The location and a detailed description of any new or
378 proposed facilities.
379 2. The updated contact information, including electronic
380 and voice communication, for all dispensing organization
381 facilities.
382 3. The registration information for any vehicles used for
383 the transportation of cannabis, low-THC cannabis, and cannabis
384 and low-THC cannabis products, including confirmation that all
385 such vehicles have tracking and security systems.
386 4. A plan for the recall of any or all cannabis, low-THC
387 cannabis, or cannabis and low-THC cannabis products.
388 (d) To ensure the safe transport of cannabis and low-THC
389 cannabis to dispensing organization facilities, laboratories, or
390 patients, the dispensing organization must:
391 1. Maintain a transportation manifest, which must be
392 retained for at least 1 year.
393 2. Ensure only vehicles in good working order are used to
394 transport low-THC cannabis.
395 3. Lock cannabis and low-THC cannabis in separate
396 compartments or containers within the vehicle.
397 4. Require at least two persons to be in a vehicle
398 transporting cannabis or low-THC cannabis, and require at least
399 one person to remain in the vehicle while the cannabis or low
400 THC cannabis is being delivered.
401 5. Provide specific safety and security training to
402 employees transporting or delivering cannabis or low-THC
403 cannabis.
404 (7) TESTING AND LABELING OF LOW-THC CANNABIS.—
405 (a) All cannabis, low-THC cannabis, and cannabis and low
406 THC cannabis products must be tested by an independent testing
407 laboratory before the dispensing organization may dispense them.
408 The independent testing laboratory shall provide the dispensing
409 organization with test results. Before dispensing, the
410 dispensing organization must determine that the test results
411 indicate that the low-THC cannabis or low-THC cannabis product
412 meets the definition of low-THC cannabis or low-THC cannabis
413 product, that all cannabis and low-THC cannabis is safe for
414 human consumption, and that all cannabis and low-THC cannabis is
415 free from contaminants that are unsafe for human consumption.
416 (b) All cannabis, low-THC cannabis, and cannabis and low
417 THC cannabis products must be labeled before dispensing. The
418 label must include, at a minimum:
419 1. For low-THC cannabis and low-THC cannabis products, a
420 statement that the low-THC cannabis or low-THC cannabis product
421 meets the requirements in paragraph (a);
422 2. The name of the independent testing laboratory that
423 tested the cannabis, low-THC cannabis, or cannabis or low-THC
424 cannabis product;
425 3. The name of the cultivation and processing facility
426 where the cannabis, low-THC cannabis, or cannabis or low-THC
427 cannabis product originates; and
428 4. The batch number and harvest number from which the
429 cannabis, low-THC cannabis, or cannabis or low-THC cannabis
430 product originates.
431 (8) Persons who have direct or indirect interest in the
432 dispensing organization and the dispensing organization’s
433 managers, employees, and contractors who directly interact with
434 cannabis, low-THC cannabis, or cannabis or low-THC cannabis
435 products are prohibited from ordering cannabis, low-THC
436 cannabis, or cannabis or low-THC cannabis products, offering
437 prescriptions, or providing medical advice to qualified
438 patients.
439 (9)(7) EXCEPTIONS TO OTHER LAWS.—
440 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
441 any other provision of law, but subject to the requirements of
442 this section, a qualified patient and the qualified patient’s
443 caregiver legal representative may purchase and possess for the
444 patient’s medical use up to the amount of low-THC cannabis
445 ordered for the patient.
446 (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
447 any other provision of law, but subject to the requirements of
448 this section, an approved dispensing organization and its
449 owners, managers, and employees may manufacture, possess, sell,
450 deliver, distribute, dispense, and lawfully dispose of
451 reasonable quantities, as established by department rule, of
452 low-THC cannabis. For purposes of this subsection, the terms
453 “manufacture,” “possession,” “deliver,” “distribute,” and
454 “dispense” have the same meanings as provided in s. 893.02.
455 (c) An approved dispensing organization and its owners,
456 managers, and employees are not subject to licensure or
457 regulation under chapter 465 for manufacturing, possessing,
458 selling, delivering, distributing, dispensing, or lawfully
459 disposing of reasonable quantities, as established by department
460 rule, of low-THC cannabis.
461 Section 2. Paragraph (b) of subsection (2) of section
462 499.0295, Florida Statutes, is amended, and subsection (10) is
463 added to that section, to read:
464 499.0295 Experimental treatments for terminal conditions.—
465 (2) As used in this section, the term:
466 (b) “Investigational drug, biological product, or device”
467 means:
468 1. A drug, biological product, or device that has
469 successfully completed phase 1 of a clinical trial but has not
470 been approved for general use by the United States Food and Drug
471 Administration and remains under investigation in a clinical
472 trial approved by the United States Food and Drug
473 Administration; or
474 2. Cannabis, as defined in s. 893.02, that is manufactured
475 and sold by an approved dispensing organization as defined in s.
476 381.986.
477 (10)(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
478 or any other law an eligible patient and the eligible patient’s
479 caregiver, as defined in s. 381.986, may purchase and possess
480 cannabis, for the patient’s medical use, as defined in s.
481 381.986, if:
482 1. The patient meets all the requirements of this section;
483 2. The patient is added to the compassionate use registry
484 established under s. 381.986 by a physician who has met the
485 training requirements for ordering low-THC cannabis established
486 in s. 381.986(4); and
487 3. All cannabis purchased and possessed by the patient and
488 his or her caregiver is obtained from an approved dispensing
489 organization as defined in s. 381.986.
490 (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
491 any other law, but subject to the requirements of this section,
492 an approved dispensing organization and its owners, managers,
493 employees and contractors may cultivate, manufacture, possess,
494 sell, deliver, distribute, dispense, and lawfully dispose of
495 cannabis as defined in s. 893.02.
496 1. Before dispensing cannabis to an eligible patient or his
497 or her caregiver pursuant to this section, a dispensing
498 organization must require the eligible patient or his or her
499 legal caregiver to produce his or her identification card as
500 issued by the Department of Health and must verify that the
501 eligible patient has an active registration on the compassionate
502 use registry.
503 2. Before dispensing, all cannabis must be tested by an
504 independent testing laboratory, as defined in s. 381.986(1)(b),
505 and must meet all testing and labeling criteria established for
506 low-THC cannabis in s. 381.986(7) and by the department in rule
507 other than criteria regarding percentages of
508 tetrahydrocannabinol or cannabidiol.
509 3. When manufacturing, selling, delivering, dispensing,
510 distributing, and lawfully disposing of cannabis, as defined in
511 s. 893.02, pursuant to this section an approved dispensing
512 organization must meet all criteria established in s. 381.986
513 applicable to cultivating, manufacturing, selling, delivering,
514 dispensing, distributing, and lawfully disposing of low-THC
515 cannabis except that cannabis produced pursuant to this section
516 is not restricted as to the amount of tetrahydrocannabinol or
517 cannabidiol.
518 (c) An approved dispensing organization as defined in s.
519 381.986 and its owners, managers, employees and contractors are
520 not subject to licensure or regulation under chapter 465 or
521 chapter 499 for manufacturing, possessing, selling, delivering,
522 distributing, dispensing, or lawfully disposing of cannabis.
523 (d) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
524 any other law, but subject to the requirements of this section
525 and s. 381.986, an independent testing laboratory and its
526 employees may receive and possess cannabis for the sole purpose
527 of testing the cannabis to ensure compliance with this section
528 and s. 381.986(7).
529 (e) As used in this subsection, the terms “manufacture,”
530 “possession,” “deliver,” “distribute,” and “dispense” have the
531 same meanings as provided in s. 893.02.
532 (f) This section does not impair the approval of a
533 dispensing organization under s. 381.986.
534 Section 3. This act shall take effect July 1, 2016.
535
536 ================= T I T L E A M E N D M E N T ================
537 And the title is amended as follows:
538 Delete everything before the enacting clause
539 and insert:
540 A bill to be entitled
541 An act relating to the medical use of cannabis;
542 amending s. 381.986, F.S.; defining terms; restricting
543 the use of cannabis and low-THC cannabis in certain
544 areas; establishing that a physician may order
545 cannabis for the use of certain patients; requiring
546 physicians to register patients and their caregivers
547 on the compassionate use registry; restricting
548 dispensing organization medical directors from
549 ordering cannabis and low-THC cannabis; specifying
550 that cannabis may be ordered only for conditions that
551 meet the requirements of s. 499.0295, F.S.;
552 establishing a licensure violation for physicians who
553 order cannabis or low-THC cannabis and receive
554 compensation from a dispensing organization; requiring
555 the Department of Health to establish a system for
556 issuing identification cards to patients and
557 caregivers; specifying what information must be
558 included on the identification cards; requiring the
559 department to inspect a dispensing organization’s
560 properties and facilities; requiring the department to
561 ensure that each dispensing organization adheres to
562 testing and labeling requirements for cannabis, low
563 THC cannabis, and low-THC cannabis products;
564 establishing fines for violations; establishing
565 violations for which fines may be imposed; requiring
566 the department to provide 20 business days for a
567 dispensing organization to cure a violation; allowing
568 the department to impose an administrative penalty on,
569 or suspend, revoke, or deny the approval of, a
570 dispensing organization when violations are not cured;
571 requiring the department to biennially renew the
572 approval of a dispensing organization; specifying that
573 dispensing organizations may have certain types of
574 facilities; preempting the regulation of cultivation
575 facilities and processing facilities to the state;
576 requiring that cultivation facilities and processing
577 facilities be closed to the public; allowing local
578 governments to determine the location and other
579 permitting requirements for retail facilities; placing
580 certain requirements on retail facilities; restricting
581 dispensing organizations from selling retail products
582 other than paraphernalia required for the use of
583 cannabis or low-THC cannabis as ordered; requiring
584 dispensing organizations to update the department with
585 certain information within 15 days; requiring
586 dispensing organizations to meet specified
587 requirements for the transportation of cannabis and
588 low-THC cannabis; establishing testing and labeling
589 requirements for cannabis and low-THC cannabis; making
590 technical and conforming changes; amending s.
591 499.0295, F.S.; revising the term “investigational
592 drug, biological product, or device” to include
593 cannabis, as defined in s. 893.02, F.S., under certain
594 circumstances; authorizing certain patients to
595 purchase and medically use cannabis under certain
596 circumstances; allowing dispensing organizations to
597 cultivate, manufacture, possess, sell, deliver,
598 distribute, dispense, and lawfully dispose of cannabis
599 under certain circumstances and when meeting certain
600 criteria; exempting dispensing organizations and their
601 owners, managers, employees and contractors from
602 certain licensure requirements; exempting independent
603 testing laboratories from criminal prohibitions for
604 the purpose of testing cannabis; stating that certain
605 terms are defined in s. 893.02, F.S.; clarifying that
606 the provisions in the section do not impair the
607 approval of a dispensing organization under 381.986,
608 F.S.; providing an effective date.