Florida Senate - 2014 CS for SB 1030 By the Committee on Health Policy; and Senators Bradley, Bean, Brandes, Galvano, Sobel, Soto, Gardiner, Stargel, and Simpson 588-02462-14 20141030c1 1 A bill to be entitled 2 An act relating to low-THC marijuana and cannabis; 3 creating s. 456.60, F.S.; defining terms; authorizing 4 specified physicians to order low-THC marijuana for 5 use by specified patients; providing conditions; 6 providing duties of the Department of Health; 7 requiring the department to create a compassionate use 8 registry; providing requirements for the registry; 9 requiring the department to authorize a specified 10 number of dispensing organizations; providing 11 requirements and duties for a dispensing organization; 12 providing exceptions to specified laws; amending s. 13 893.02, F.S.; revising the definition of the term 14 “cannabis” for purposes of the Florida Comprehensive 15 Drug Abuse Prevention and Control Act and as 16 applicable to certain criminal offenses proscribing 17 the sale, manufacture, delivery, possession, or 18 purchase of cannabis, to which penalties apply; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 456.60, Florida Statutes, is created to 24 read: 25 456.60 Compassionate use of low-THC marijuana.— 26 (1) DEFINITIONS.—As used in this section, the term: 27 (a) “Dispensing organization” means an organization 28 approved by the department to cultivate, process, and dispense 29 low-THC marijuana pursuant to this section. 30 (b) “Low-THC marijuana” means a substance that contains no 31 more than 0.5 percent of any tetrahydrocannabinol and at least 32 15 percent cannabidiol and that is dispensed only from a 33 dispensing organization. 34 (c) “Medical use” means administration of the ordered 35 amount of low-THC marijuana. The term does not include the 36 possession, use, or administration by smoking. The term also 37 does not include the transfer of low-THC marijuana to a person 38 other than the qualified patient for whom it was ordered or the 39 qualified patient’s legal representative on behalf of the 40 qualified patient. 41 (d) “Qualified patient” means a resident of this state who 42 has been added to the compassionate use registry by a physician 43 licensed under chapter 458 or chapter 459 to receive low-THC 44 marijuana from a dispensing organization. 45 (e) “Smoking” means burning or igniting a substance and 46 inhaling the smoke. Smoking does not include the use of a 47 vaporizer. 48 (2) PHYSICIAN ORDERING.—A physician licensed under chapter 49 458 or chapter 459 who has examined and treated a patient 50 suffering from a physical medical condition, or from treatment 51 for a medical condition, which chronically produces symptoms of 52 seizures or severe and persistent muscle spasms may order for 53 the patient’s medical use low-THC marijuana to treat or 54 alleviate such symptoms if no other satisfactory alternative 55 treatment options exist for that patient and all of the 56 following conditions apply: 57 (a) The patient is a permanent resident of this state. 58 (b) The physician has treated the patient for his or her 59 symptoms or a medical condition in which his or her symptoms 60 were present for at least 6 months. 61 (c) The physician has tried alternate treatment options 62 that have not alleviated the patient’s symptoms. 63 (d) The physician determines the risks of ordering low-THC 64 marijuana are reasonable in light of the potential benefit for 65 that patient. If a patient is younger than 18 years of age, a 66 second physician must concur with this determination, and such 67 determination must be documented in the patient’s medical 68 record. 69 (e) The physician registers as the orderer of low-THC 70 marijuana for the named patient on the compassionate use 71 registry maintained by the department and updates the registry 72 to reflect the contents of the order. The physician shall 73 inactivate the patient’s registration when treatment is 74 discontinued. 75 (f) The physician maintains a patient treatment plan that 76 includes the dose, route of administration, planned duration, 77 and monitoring of the patient’s symptoms and other indicators of 78 tolerance or reaction to the low-THC marijuana. 79 (g) The physician submits the patient treatment plan 80 quarterly to the University of Florida College of Pharmacy for 81 research on the safety and efficacy of low-THC marijuana on 82 patients with such symptoms. 83 (3) DUTIES OF THE DEPARTMENT.—The department shall: 84 (a) Create a secure, electronic, and online compassionate 85 use registry for the registration of physicians and patients as 86 provided under this section. The registry must be accessible to 87 law enforcement agencies and to a dispensing organization in 88 order to verify patient authorization for low-THC marijuana and 89 record the low-THC marijuana dispensed. The registry must 90 prevent an active registration of a patient by multiple 91 physicians. 92 (b) Authorize at least one, but no more than four, 93 dispensing organizations, to ensure reasonable statewide 94 accessibility and availability as necessary for patients 95 registered in the compassionate use registry and who are ordered 96 low-THC marijuana under this section. The department shall 97 develop an application form and impose an initial application 98 and biennial renewal fee that is sufficient to cover the costs 99 of administering this section. An applicant for approval as a 100 dispensing organization must be able to demonstrate: 101 1. The technical and technological ability to cultivate and 102 produce low-THC marijuana. 103 2. The ability to secure the premises, resources, and 104 personnel necessary to operate as a dispensing organization. 105 3. The ability to maintain accountability of all raw 106 materials, finished product, and any byproducts to prevent 107 diversion or unlawful access to or possession of these 108 substances. 109 4. An infrastructure reasonably located to dispense low-THC 110 marijuana to registered patients statewide or regionally as 111 determined by the department. 112 5. The financial ability to maintain operations for the 113 duration of the 2-year approval cycle. 114 6. That all owners, managers, and employees have been 115 fingerprinted and successfully passed background screening 116 pursuant to s. 435.04. 117 7. Additional criteria determined by the department to be 118 necessary to safely implement this section. 119 (c) Monitor physician registration and ordering of low-THC 120 marijuana for ordering practices which could facilitate unlawful 121 diversion or misuse of low-THC marijuana, and take disciplinary 122 action as indicated. 123 (4) DISPENSING ORGANIZATION.—An approved dispensing 124 organization shall maintain compliance with the criteria 125 demonstrated for selection and approval under subsection (3) as 126 a dispensing organization at all times. Before dispensing low 127 THC marijuana to a qualified patient, the dispensing 128 organization shall verify that the patient has an active 129 registration in the compassionate use registry, the order 130 presented matches the order contents as recorded in the 131 registry, and the order has not already been filled. Upon 132 dispensing the low-THC marijuana, the dispensing organization 133 shall record in the registry the date, time, quantity, and form 134 of low-THC marijuana dispensed. 135 (5) EXCEPTIONS TO OTHER SECTIONS OF LAW.— 136 (a) Notwithstanding any other section of law, but subject 137 to the requirements of this section, a qualified patient and the 138 qualified patient’s legal representative may purchase, acquire, 139 and possess for the patient’s medical use up to the amount of 140 low-THC marijuana ordered to the patient. 141 (b) Notwithstanding any other section of law, but subject 142 to the requirements of this section, an approved dispensing 143 organization and its owners, managers, and employees may 144 acquire, possess, cultivate, and lawfully dispose of excess 145 product in reasonable quantities to produce low-THC marijuana 146 and possess, process, and dispense low-THC marijuana. 147 (c) An approved dispensing organization is not subject to 148 licensure and regulation under chapter 465, and the owners, 149 managers, and employees of a dispensing organization are not 150 subject to licensure and regulation for the practice of pharmacy 151 under chapter 465. 152 Section 2. Subsection (3) of section 893.02, Florida 153 Statutes, is amended to read: 154 893.02 Definitions.—The following words and phrases as used 155 in this chapter shall have the following meanings, unless the 156 context otherwise requires: 157 (3) “Cannabis” means all parts of any plant of the genus 158 Cannabis, whether growing or not; the seeds thereof; the resin 159 extracted from any part of the plant; and every compound, 160 manufacture, salt, derivative, mixture, or preparation of the 161 plant or its seeds or resin. The term does not include any plant 162 of the genus Cannabis that contains 0.5 percent or less of 163 tetrahydrocannabinol and more than 15 percent of cannabidiol; 164 the seeds thereof; the resin extracted from any part of such 165 plant; or any compound, manufacture, salt, derivative, mixture, 166 or preparation of such plant or its seeds or resin, if possessed 167 or used in conformance with s. 456.60. 168 Section 3. This act shall take effect July 1, 2014.