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