Florida Senate - 2019                                     SB 182
       By Senator Brandes
       24-01175C-19                                           2019182__
    1                        A bill to be entitled                      
    2         An act relating to smoking marijuana for medical use;
    3         amending s. 381.986, F.S.; redefining the term
    4         “medical use” to include the possession, use, or
    5         administration of marijuana in a form for smoking;
    6         conforming a provision to changes made by the act;
    7         deleting a provision prohibiting a medical marijuana
    8         treatment center from dispensing or selling specified
    9         products; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1.  Paragraph (j) of subsection (1) and paragraph
   14  (e) of subsection (8) of section 381.986, Florida Statutes, are
   15  amended to read:
   16         381.986 Medical use of marijuana.—
   17         (1) DEFINITIONS.—As used in this section, the term:
   18         (j) “Medical use” means the acquisition, possession, use,
   19  delivery, transfer, or administration of marijuana authorized by
   20  a physician certification. The term does not include:
   21         1. Possession, use, or administration of marijuana that was
   22  not purchased or acquired from a medical marijuana treatment
   23  center.
   24         2. Possession, use, or administration of marijuana in a
   25  form for smoking, in the form of commercially produced food
   26  items other than edibles, or of marijuana seeds or flower,
   27  except for flower in a sealed, tamper-proof receptacle for
   28  vaping.
   29         3. Use or administration of any form or amount of marijuana
   30  in a manner that is inconsistent with the qualified physician’s
   31  directions or physician certification.
   32         4. Transfer of marijuana to a person other than the
   33  qualified patient for whom it was authorized or the qualified
   34  patient’s caregiver on behalf of the qualified patient.
   35         5. Use or administration of marijuana in the following
   36  locations:
   37         a. On any form of public transportation, except for low-THC
   38  cannabis.
   39         b. In any public place, except for low-THC cannabis.
   40         c. In a qualified patient’s place of employment, except
   41  when permitted by his or her employer.
   42         d. In a state correctional institution, as defined in s.
   43  944.02, or a correctional institution, as defined in s. 944.241.
   44         e. On the grounds of a preschool, primary school, or
   45  secondary school, except as provided in s. 1006.062.
   46         f. In a school bus, a vehicle, an aircraft, or a motorboat,
   47  except for low-THC cannabis.
   49  For the purposes of this subparagraph, the exceptions for low
   50  THC cannabis do not include the smoking of low-THC cannabis.
   52         (e) A licensed medical marijuana treatment center shall
   53  cultivate, process, transport, and dispense marijuana for
   54  medical use. A licensed medical marijuana treatment center may
   55  not contract for services directly related to the cultivation,
   56  processing, and dispensing of marijuana or marijuana delivery
   57  devices, except that a medical marijuana treatment center
   58  licensed pursuant to subparagraph (a)1. may contract with a
   59  single entity for the cultivation, processing, transporting, and
   60  dispensing of marijuana and marijuana delivery devices. A
   61  licensed medical marijuana treatment center must, at all times,
   62  maintain compliance with the criteria demonstrated and
   63  representations made in the initial application and the criteria
   64  established in this subsection. Upon request, the department may
   65  grant a medical marijuana treatment center a variance from the
   66  representations made in the initial application. Consideration
   67  of such a request shall be based upon the individual facts and
   68  circumstances surrounding the request. A variance may not be
   69  granted unless the requesting medical marijuana treatment center
   70  can demonstrate to the department that it has a proposed
   71  alternative to the specific representation made in its
   72  application which fulfills the same or a similar purpose as the
   73  specific representation in a way that the department can
   74  reasonably determine will not be a lower standard than the
   75  specific representation in the application. A variance may not
   76  be granted from the requirements in subparagraph 2. and
   77  subparagraphs (b)1. and 2.
   78         1. A licensed medical marijuana treatment center may
   79  transfer ownership to an individual or entity who meets the
   80  requirements of this section. A publicly traded corporation or
   81  publicly traded company that meets the requirements of this
   82  section is not precluded from ownership of a medical marijuana
   83  treatment center. To accommodate a change in ownership:
   84         a. The licensed medical marijuana treatment center shall
   85  notify the department in writing at least 60 days before the
   86  anticipated date of the change of ownership.
   87         b. The individual or entity applying for initial licensure
   88  due to a change of ownership must submit an application that
   89  must be received by the department at least 60 days before the
   90  date of change of ownership.
   91         c. Upon receipt of an application for a license, the
   92  department shall examine the application and, within 30 days
   93  after receipt, notify the applicant in writing of any apparent
   94  errors or omissions and request any additional information
   95  required.
   96         d. Requested information omitted from an application for
   97  licensure must be filed with the department within 21 days after
   98  the department’s request for omitted information or the
   99  application shall be deemed incomplete and shall be withdrawn
  100  from further consideration and the fees shall be forfeited.
  102  Within 30 days after the receipt of a complete application, the
  103  department shall approve or deny the application.
  104         2. A medical marijuana treatment center, and any individual
  105  or entity who directly or indirectly owns, controls, or holds
  106  with power to vote 5 percent or more of the voting shares of a
  107  medical marijuana treatment center, may not acquire direct or
  108  indirect ownership or control of any voting shares or other form
  109  of ownership of any other medical marijuana treatment center.
  110         3. A medical marijuana treatment center may not enter into
  111  any form of profit-sharing arrangement with the property owner
  112  or lessor of any of its facilities where cultivation,
  113  processing, storing, or dispensing of marijuana and marijuana
  114  delivery devices occurs.
  115         4. All employees of a medical marijuana treatment center
  116  must be 21 years of age or older and have passed a background
  117  screening pursuant to subsection (9).
  118         5. Each medical marijuana treatment center must adopt and
  119  enforce policies and procedures to ensure employees and
  120  volunteers receive training on the legal requirements to
  121  dispense marijuana to qualified patients.
  122         6. When growing marijuana, a medical marijuana treatment
  123  center:
  124         a. May use pesticides determined by the department, after
  125  consultation with the Department of Agriculture and Consumer
  126  Services, to be safely applied to plants intended for human
  127  consumption, but may not use pesticides designated as
  128  restricted-use pesticides pursuant to s. 487.042.
  129         b. Must grow marijuana within an enclosed structure and in
  130  a room separate from any other plant.
  131         c. Must inspect seeds and growing plants for plant pests
  132  that endanger or threaten the horticultural and agricultural
  133  interests of the state in accordance with chapter 581 and any
  134  rules adopted thereunder.
  135         d. Must perform fumigation or treatment of plants, or
  136  remove and destroy infested or infected plants, in accordance
  137  with chapter 581 and any rules adopted thereunder.
  138         7. Each medical marijuana treatment center must produce and
  139  make available for purchase at least one low-THC cannabis
  140  product.
  141         8. A medical marijuana treatment center that produces
  142  edibles must hold a permit to operate as a food establishment
  143  pursuant to chapter 500, the Florida Food Safety Act, and must
  144  comply with all the requirements for food establishments
  145  pursuant to chapter 500 and any rules adopted thereunder.
  146  Edibles may not contain more than 200 milligrams of
  147  tetrahydrocannabinol, and a single serving portion of an edible
  148  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  149  may have a potency variance of no greater than 15 percent.
  150  Edibles may not be attractive to children; be manufactured in
  151  the shape of humans, cartoons, or animals; be manufactured in a
  152  form that bears any reasonable resemblance to products available
  153  for consumption as commercially available candy; or contain any
  154  color additives. To discourage consumption of edibles by
  155  children, the department shall determine by rule any shapes,
  156  forms, and ingredients allowed and prohibited for edibles.
  157  Medical marijuana treatment centers may not begin processing or
  158  dispensing edibles until after the effective date of the rule.
  159  The department shall also adopt sanitation rules providing the
  160  standards and requirements for the storage, display, or
  161  dispensing of edibles.
  162         9. Within 12 months after licensure, a medical marijuana
  163  treatment center must demonstrate to the department that all of
  164  its processing facilities have passed a Food Safety Good
  165  Manufacturing Practices, such as Global Food Safety Initiative
  166  or equivalent, inspection by a nationally accredited certifying
  167  body. A medical marijuana treatment center must immediately stop
  168  processing at any facility which fails to pass this inspection
  169  until it demonstrates to the department that such facility has
  170  met this requirement.
  171         10. When processing marijuana, a medical marijuana
  172  treatment center must:
  173         a. Process the marijuana within an enclosed structure and
  174  in a room separate from other plants or products.
  175         b. Comply with department rules when processing marijuana
  176  with hydrocarbon solvents or other solvents or gases exhibiting
  177  potential toxicity to humans. The department shall determine by
  178  rule the requirements for medical marijuana treatment centers to
  179  use such solvents or gases exhibiting potential toxicity to
  180  humans.
  181         c. Comply with federal and state laws and regulations and
  182  department rules for solid and liquid wastes. The department
  183  shall determine by rule procedures for the storage, handling,
  184  transportation, management, and disposal of solid and liquid
  185  waste generated during marijuana production and processing. The
  186  Department of Environmental Protection shall assist the
  187  department in developing such rules.
  188         d. Test the processed marijuana using a medical marijuana
  189  testing laboratory before it is dispensed. Results must be
  190  verified and signed by two medical marijuana treatment center
  191  employees. Before dispensing, the medical marijuana treatment
  192  center must determine that the test results indicate that low
  193  THC cannabis meets the definition of low-THC cannabis, the
  194  concentration of tetrahydrocannabinol meets the potency
  195  requirements of this section, the labeling of the concentration
  196  of tetrahydrocannabinol and cannabidiol is accurate, and all
  197  marijuana is safe for human consumption and free from
  198  contaminants that are unsafe for human consumption. The
  199  department shall determine by rule which contaminants must be
  200  tested for and the maximum levels of each contaminant which are
  201  safe for human consumption. The Department of Agriculture and
  202  Consumer Services shall assist the department in developing the
  203  testing requirements for contaminants that are unsafe for human
  204  consumption in edibles. The department shall also determine by
  205  rule the procedures for the treatment of marijuana that fails to
  206  meet the testing requirements of this section, s. 381.988, or
  207  department rule. The department may select a random sample from
  208  edibles available for purchase in a dispensing facility which
  209  shall be tested by the department to determine that the edible
  210  meets the potency requirements of this section, is safe for
  211  human consumption, and the labeling of the tetrahydrocannabinol
  212  and cannabidiol concentration is accurate. A medical marijuana
  213  treatment center may not require payment from the department for
  214  the sample. A medical marijuana treatment center must recall
  215  edibles, including all edibles made from the same batch of
  216  marijuana, which fail to meet the potency requirements of this
  217  section, which are unsafe for human consumption, or for which
  218  the labeling of the tetrahydrocannabinol and cannabidiol
  219  concentration is inaccurate. The medical marijuana treatment
  220  center must retain records of all testing and samples of each
  221  homogenous batch of marijuana for at least 9 months. The medical
  222  marijuana treatment center must contract with a marijuana
  223  testing laboratory to perform audits on the medical marijuana
  224  treatment center’s standard operating procedures, testing
  225  records, and samples and provide the results to the department
  226  to confirm that the marijuana or low-THC cannabis meets the
  227  requirements of this section and that the marijuana or low-THC
  228  cannabis is safe for human consumption. A medical marijuana
  229  treatment center shall reserve two processed samples from each
  230  batch and retain such samples for at least 9 months for the
  231  purpose of such audits. A medical marijuana treatment center may
  232  use a laboratory that has not been certified by the department
  233  under s. 381.988 until such time as at least one laboratory
  234  holds the required certification, but in no event later than
  235  July 1, 2018.
  236         e. Package the marijuana in compliance with the United
  237  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  238  1471 et seq.
  239         f. Package the marijuana in a receptacle that has a firmly
  240  affixed and legible label stating the following information:
  241         (I) The marijuana or low-THC cannabis meets the
  242  requirements of sub-subparagraph d.
  243         (II) The name of the medical marijuana treatment center
  244  from which the marijuana originates.
  245         (III) The batch number and harvest number from which the
  246  marijuana originates and the date dispensed.
  247         (IV) The name of the physician who issued the physician
  248  certification.
  249         (V) The name of the patient.
  250         (VI) The product name, if applicable, and dosage form,
  251  including concentration of tetrahydrocannabinol and cannabidiol.
  252  The product name may not contain wording commonly associated
  253  with products marketed by or to children.
  254         (VII) The recommended dose.
  255         (VIII) A warning that it is illegal to transfer medical
  256  marijuana to another person.
  257         (IX) A marijuana universal symbol developed by the
  258  department.
  259         11. The medical marijuana treatment center shall include in
  260  each package a patient package insert with information on the
  261  specific product dispensed related to:
  262         a. Clinical pharmacology.
  263         b. Indications and use.
  264         c. Dosage and administration.
  265         d. Dosage forms and strengths.
  266         e. Contraindications.
  267         f. Warnings and precautions.
  268         g. Adverse reactions.
  269         12. Each edible shall be individually sealed in plain,
  270  opaque wrapping marked only with the marijuana universal symbol.
  271  Where practical, each edible shall be marked with the marijuana
  272  universal symbol. In addition to the packaging and labeling
  273  requirements in subparagraphs 10. and 11., edible receptacles
  274  must be plain, opaque, and white without depictions of the
  275  product or images other than the medical marijuana treatment
  276  center’s department-approved logo and the marijuana universal
  277  symbol. The receptacle must also include a list all of the
  278  edible’s ingredients, storage instructions, an expiration date,
  279  a legible and prominent warning to keep away from children and
  280  pets, and a warning that the edible has not been produced or
  281  inspected pursuant to federal food safety laws.
  282         13. When dispensing marijuana or a marijuana delivery
  283  device, a medical marijuana treatment center:
  284         a. May dispense any active, valid order for low-THC
  285  cannabis, medical cannabis and cannabis delivery devices issued
  286  pursuant to former s. 381.986, Florida Statutes 2016, which was
  287  entered into the medical marijuana use registry before July 1,
  288  2017.
  289         b. May not dispense more than a 70-day supply of marijuana
  290  to a qualified patient or caregiver.
  291         c. Must have the medical marijuana treatment center’s
  292  employee who dispenses the marijuana or a marijuana delivery
  293  device enter into the medical marijuana use registry his or her
  294  name or unique employee identifier.
  295         d. Must verify that the qualified patient and the
  296  caregiver, if applicable, each have an active registration in
  297  the medical marijuana use registry and an active and valid
  298  medical marijuana use registry identification card, the amount
  299  and type of marijuana dispensed matches the physician
  300  certification in the medical marijuana use registry for that
  301  qualified patient, and the physician certification has not
  302  already been filled.
  303         e. May not dispense marijuana to a qualified patient who is
  304  younger than 18 years of age. If the qualified patient is
  305  younger than 18 years of age, marijuana may only be dispensed to
  306  the qualified patient’s caregiver.
  307         f. May not dispense or sell any other type of cannabis,
  308  alcohol, or illicit drug-related product, including pipes,
  309  bongs, or wrapping papers, other than a marijuana delivery
  310  device required for the medical use of marijuana and which is
  311  specified in a physician certification.
  312         g. Must, upon dispensing the marijuana or marijuana
  313  delivery device, record in the registry the date, time,
  314  quantity, and form of marijuana dispensed; the type of marijuana
  315  delivery device dispensed; and the name and medical marijuana
  316  use registry identification number of the qualified patient or
  317  caregiver to whom the marijuana delivery device was dispensed.
  318         h. Must ensure that patient records are not visible to
  319  anyone other than the qualified patient, his or her caregiver,
  320  and authorized medical marijuana treatment center employees.
  321         Section 2. This act shall take effect upon becoming a law.