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.
   21  Be It Enacted by the Legislature of the State of Florida:
   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.
  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.