Florida Senate - 2016 SB 460
By Senator Bradley
7-00574A-16 2016460__
1 A bill to be entitled
2 An act relating to experimental treatments for
3 terminal conditions; amending s. 499.0295, F.S.;
4 revising the definition of the term “investigational
5 drug, biological product, or device”; providing for
6 eligible patients or their legal representatives to
7 purchase and possess cannabis for medical use;
8 authorizing certain licensed dispensing organizations
9 to manufacture, possess, sell, deliver, distribute,
10 dispense, and dispose of cannabis; exempting such
11 organizations from specified laws; defining terms;
12 providing applicability; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (b) of subsection (2) of section
17 499.0295, Florida Statutes, is amended, and subsection (10) is
18 added to that section, to read:
19 499.0295 Experimental treatments for terminal conditions.—
20 (2) As used in this section, the term:
21 (b) “Investigational drug, biological product, or device”
22 means:
23 1. A drug, biological product, or device that has
24 successfully completed phase 1 of a clinical trial but has not
25 been approved for general use by the United States Food and Drug
26 Administration and remains under investigation in a clinical
27 trial approved by the United States Food and Drug
28 Administration; or
29 2. Cannabis that is manufactured and sold by an approved
30 dispensing organization as defined in s. 381.986.
31 (10)(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
32 or any other provision of law, but subject to the requirements
33 of this section, an eligible patient and the eligible patient’s
34 legal representative may purchase and possess cannabis for the
35 patient’s medical use.
36 (b) An eligible patient and the eligible patient’s legal
37 representative may obtain cannabis only from an approved
38 dispensing organization as defined in s. 381.986.
39 (c) Notwithstanding s. 381.986, s. 893.13, s. 893.135, s.
40 893.147, or any other provision of law, but subject to the
41 requirements of this section, an approved dispensing
42 organization as defined in s. 381.986 and its owners, managers,
43 and employees may manufacture, possess, sell, deliver,
44 distribute, dispense, and lawfully dispose of cannabis.
45 (d) An approved dispensing organization as defined in s.
46 381.986 and its owners, managers, and employees are not subject
47 to licensure or regulation under chapter 465 for manufacturing,
48 possessing, selling, delivering, distributing, dispensing, or
49 lawfully disposing of cannabis. As used in this subsection, the
50 terms “manufacture,” “possession,” “deliver,” “distribute,” and
51 “dispense” have the same meanings as provided in s. 893.02.
52 (e) This section does not impair the license of an approved
53 dispensing organization under s. 381.986.
54 Section 2. This act shall take effect July 1, 2016.