Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 460
Ì943584CÎ943584
LEGISLATIVE ACTION
Senate . House
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The Committee on Fiscal Policy (Abruzzo) recommended the
following:
1 Senate Amendment to Amendment (466428) (with directory and
2 title amendments)
3
4 Delete lines 466 - 533
5 and insert:
6 (a) “Dispensing organization” means an organization
7 approved by the Department of Health under paragraph (10)(d) to
8 cultivate, process, and dispense cannabis pursuant to this
9 section.
10 (c)(b) “Investigational drug, biological product, or
11 device” means:
12 1. A drug, biological product, or device that has
13 successfully completed phase 1 of a clinical trial but has not
14 been approved for general use by the United States Food and Drug
15 Administration and remains under investigation in a clinical
16 trial approved by the United States Food and Drug
17 Administration; or
18 2. Cannabis that is manufactured and sold by a dispensing
19 organization.
20 (10)(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
21 or any other law, but subject to the requirements of this
22 section, an eligible patient and the eligible patient’s legal
23 representative may purchase cannabis from a dispensing
24 organization and may possess such cannabis for the patient’s
25 medical use.
26 (b) Notwithstanding s. 381.986, s. 893.13, s. 893.135, s.
27 893.147, or any other law, but subject to the requirements of
28 this section, a dispensing organization and its owners,
29 managers, and employees may manufacture, possess, sell, deliver,
30 distribute, dispense, and lawfully dispose of cannabis.
31 (c) A dispensing organization and its owners, managers, and
32 employees are not subject to licensure or regulation under
33 chapter 465 for manufacturing, possessing, selling, delivering,
34 distributing, dispensing, or lawfully disposing of cannabis.
35 (d) By October 1, 2016, the Department of Health shall
36 approve the establishment of 20 additional dispensing
37 organizations to cultivate, process, and dispense cannabis
38 pursuant to this section. An applicant for approval as a
39 dispensing organization must demonstrate that it possesses the
40 qualifications specified in s. 381.986(5)(b)2.-7 or that it is a
41 recognized class member of Pigford v. Glickman, 182 F.R.D. 82
42 (D.D.C. 1999) or In re Black Farmers Litig., 856 F. Supp. 2d 1
43 (D.D.C. 2011) and a member of the Black Farmers and
44 Agriculturalists Association.
45 (e) As used in this subsection, the terms “manufacture,”
46 “possession,” “deliver,” “distribute,” and “dispense” have the
47 same meanings as provided in s. 893.02.
48 (f) The Department of Health may adopt rules to administer
49 this subsection.
50
51 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
52 And the directory clause is amended as follows:
53 Delete lines 461 - 462
54 and insert:
55 Section 2. Paragraphs (a) through (d) of subsection (2) of
56 section 499.0295, Florida Statutes, are redesignated as
57 paragraphs (b) through (e), respectively, present paragraph (b)
58 of that subsection is amended, a new paragraph (a) is added to
59 that subsection, and subsection (10) is
60
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
63 Delete lines 591 - 604
64 and insert:
65 499.0295, F.S.; defining the term “dispensing
66 organization”; revising the definition of the term
67 “investigational drug, biological product, or device”;
68 providing for eligible patients or their legal
69 representatives to purchase cannabis from dispensing
70 organizations and possess such cannabis for medical
71 use; authorizing certain licensed dispensing
72 organizations to manufacture, possess, sell, deliver,
73 distribute, dispense, and dispose of cannabis;
74 exempting dispensing organizations from specified
75 laws; directing the Department of Health to approve
76 the establishment of a limited number of dispensing
77 organizations by a specified date; requiring
78 applicants for approval as dispensing organizations to
79 demonstrate they possess certain qualifications;
80 authorizing the Department of Health to adopt rules;
81 stating that certain