Florida Senate - 2018                             CS for SB 1134
       By the Committee on Health Policy; and Senators Rouson, Bradley,
       and Young
       588-02150A-18                                         20181134c1
    1                        A bill to be entitled                      
    2         An act relating to Department of Health
    3         responsibilities related to the medical use of
    4         marijuana; amending s. 381.986, F.S.; requiring the
    5         department to adopt rules to allow qualified patients
    6         to change qualified physicians; deleting an obsolete
    7         date; revising a requirement that the department
    8         license one applicant who is a member of a certain
    9         class to exclude a requirement that the applicant also
   10         be a member of the Black Farmers and Agriculturalist
   11         Association-Florida Chapter; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (h) of subsection (4) and paragraph
   17  (a) of subsection (8) of section 381.986, Florida Statutes, are
   18  amended to read:
   19         381.986 Medical use of marijuana.—
   21         (h) The department, the Board of Medicine, and the Board of
   22  Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1)
   23  and 120.54 to implement this subsection. Rules adopted pursuant
   24  to this subsection must include a process by which a qualified
   25  patient may change qualified physicians while retaining an
   26  active registration on the medical marijuana use registry. This
   27  process must include safeguards to ensure that any new physician
   28  certification issued to the patient after he or she changes
   29  physicians does not combine with any existing patient
   30  certification to allow the patient to possess more than the 70
   31  day supply limits.
   33         (a) The department shall license medical marijuana
   34  treatment centers to ensure reasonable statewide accessibility
   35  and availability as necessary for qualified patients registered
   36  in the medical marijuana use registry and who are issued a
   37  physician certification under this section.
   38         1. As soon as practicable, but no later than July 3, 2017,
   39  the department shall license as a medical marijuana treatment
   40  center any entity that holds an active, unrestricted license to
   41  cultivate, process, transport, and dispense low-THC cannabis,
   42  medical cannabis, and cannabis delivery devices, under former s.
   43  381.986, Florida Statutes 2016, before July 1, 2017, and which
   44  meets the requirements of this section. In addition to the
   45  authority granted under this section, these entities are
   46  authorized to dispense low-THC cannabis, medical cannabis, and
   47  cannabis delivery devices ordered pursuant to former s. 381.986,
   48  Florida Statutes 2016, which were entered into the compassionate
   49  use registry before July 1, 2017, and are authorized to begin
   50  dispensing marijuana under this section on July 3, 2017. The
   51  department may grant variances from the representations made in
   52  such an entity’s original application for approval under former
   53  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
   54         2. The department shall license as medical marijuana
   55  treatment centers 10 applicants that meet the requirements of
   56  this section, under the following parameters:
   57         a. As soon as practicable, but no later than August 1,
   58  2017, the department shall license any applicant whose
   59  application was reviewed, evaluated, and scored by the
   60  department and which was denied a dispensing organization
   61  license by the department under former s. 381.986, Florida
   62  Statutes 2014; which had one or more administrative or judicial
   63  challenges pending as of January 1, 2017, or had a final ranking
   64  within one point of the highest final ranking in its region
   65  under former s. 381.986, Florida Statutes 2014; which meets the
   66  requirements of this section; and which provides documentation
   67  to the department that it has the existing infrastructure and
   68  technical and technological ability to begin cultivating
   69  marijuana within 30 days after registration as a medical
   70  marijuana treatment center.
   71         b. As soon as practicable, but no later than October 3,
   72  2017, the department shall license one applicant that is a
   73  recognized class member of Pigford v. Glickman, 185 F.R.D. 82
   74  (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1
   75  (D.D.C. 2011) and is a member of the Black Farmers and
   76  Agriculturalists Association–Florida Chapter. An applicant
   77  licensed under this sub-subparagraph is exempt from the
   78  requirement of subparagraph (b)2 requirements of subparagraphs
   79  (b)1. and 2.
   80         c. As soon as practicable, but no later than October 3,
   81  2017, the department shall license applicants that meet the
   82  requirements of this section in sufficient numbers to result in
   83  10 total licenses issued under this subparagraph, while
   84  accounting for the number of licenses issued under sub
   85  subparagraphs a. and b.
   86         3. For up to two of the licenses issued under subparagraph
   87  2., the department shall give preference to applicants that
   88  demonstrate in their applications that they own one or more
   89  facilities that are, or were, used for the canning,
   90  concentrating, or otherwise processing of citrus fruit or citrus
   91  molasses and will use or convert the facility or facilities for
   92  the processing of marijuana.
   93         4. Within 6 months after the registration of 100,000 active
   94  qualified patients in the medical marijuana use registry, the
   95  department shall license four additional medical marijuana
   96  treatment centers that meet the requirements of this section.
   97  Thereafter, the department shall license four medical marijuana
   98  treatment centers within 6 months after the registration of each
   99  additional 100,000 active qualified patients in the medical
  100  marijuana use registry that meet the requirements of this
  101  section.
  102         5. Dispensing facilities are subject to the following
  103  requirements:
  104         a. A medical marijuana treatment center may not establish
  105  or operate more than a statewide maximum of 25 dispensing
  106  facilities, unless the medical marijuana use registry reaches a
  107  total of 100,000 active registered qualified patients. When the
  108  medical marijuana use registry reaches 100,000 active registered
  109  qualified patients, and then upon each further instance of the
  110  total active registered qualified patients increasing by
  111  100,000, the statewide maximum number of dispensing facilities
  112  that each licensed medical marijuana treatment center may
  113  establish and operate increases by five.
  114         b. A medical marijuana treatment center may not establish
  115  more than the maximum number of dispensing facilities allowed in
  116  each of the Northwest, Northeast, Central, Southwest, and
  117  Southeast Regions. The department shall determine a medical
  118  marijuana treatment center’s maximum number of dispensing
  119  facilities allowed in each region by calculating the percentage
  120  of the total statewide population contained within that region
  121  and multiplying that percentage by the medical marijuana
  122  treatment center’s statewide maximum number of dispensing
  123  facilities established under sub-subparagraph a., rounded to the
  124  nearest whole number. The department shall ensure that such
  125  rounding does not cause a medical marijuana treatment center’s
  126  total number of statewide dispensing facilities to exceed its
  127  statewide maximum. The department shall initially calculate the
  128  maximum number of dispensing facilities allowed in each region
  129  for each medical marijuana treatment center using county
  130  population estimates from the Florida Estimates of Population
  131  2016, as published by the Office of Economic and Demographic
  132  Research, and shall perform recalculations following the
  133  official release of county population data resulting from each
  134  United States Decennial Census. For the purposes of this
  135  subparagraph:
  136         (I) The Northwest Region consists of Bay, Calhoun,
  137  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  138  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  139  Walton, and Washington Counties.
  140         (II) The Northeast Region consists of Alachua, Baker,
  141  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  142  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  143  Suwannee, and Union Counties.
  144         (III) The Central Region consists of Brevard, Citrus,
  145  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  146  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  147  Counties.
  148         (IV) The Southwest Region consists of Charlotte, Collier,
  149  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  150  Okeechobee, and Sarasota Counties.
  151         (V) The Southeast Region consists of Broward, Miami-Dade,
  152  Martin, Monroe, and Palm Beach Counties.
  153         c. If a medical marijuana treatment center establishes a
  154  number of dispensing facilities within a region that is less
  155  than the number allowed for that region under sub-subparagraph
  156  b., the medical marijuana treatment center may sell one or more
  157  of its unused dispensing facility slots to other licensed
  158  medical marijuana treatment centers. For each dispensing
  159  facility slot that a medical marijuana treatment center sells,
  160  that medical marijuana treatment center’s statewide maximum
  161  number of dispensing facilities, as determined under sub
  162  subparagraph a., is reduced by one. The statewide maximum number
  163  of dispensing facilities for a medical marijuana treatment
  164  center that purchases an unused dispensing facility slot is
  165  increased by one per slot purchased. Additionally, the sale of a
  166  dispensing facility slot shall reduce the seller’s regional
  167  maximum and increase the purchaser’s regional maximum number of
  168  dispensing facilities, as determined in sub-subparagraph b., by
  169  one for that region. For any slot purchased under this sub
  170  subparagraph, the regional restriction applied to that slot’s
  171  location under sub-subparagraph b. before the purchase shall
  172  remain in effect following the purchase. A medical marijuana
  173  treatment center that sells or purchases a dispensing facility
  174  slot must notify the department within 3 days of sale.
  175         d. This subparagraph shall expire on April 1, 2020.
  177  If this subparagraph or its application to any person or
  178  circumstance is held invalid, the invalidity does not affect
  179  other provisions or applications of this act which can be given
  180  effect without the invalid provision or application, and to this
  181  end, the provisions of this subparagraph are severable.
  182         Section 2. This act shall take effect July 1, 2018.