Florida Senate - 2019                       CS for CS for SB 182
       By the Committees on Innovation, Industry, and Technology; and
       Health Policy; and Senator Brandes
       580-02350-19                                           2019182c2
    1                        A bill to be entitled                      
    2         An act relating to the safe medical use of marijuana;
    3         amending s. 381.986, F.S.; redefining the term
    4         “marijuana delivery device” to eliminate the
    5         requirement that such devices must be purchased from a
    6         medical marijuana treatment center; redefining the
    7         term “medical use” to include the possession, use, or
    8         administration of marijuana in a form for smoking;
    9         restricting smoking of marijuana in enclosed indoor
   10         workplaces; conforming a provision to changes made by
   11         the act; requiring a patient’s informed consent form
   12         to include the risks specifically associated with
   13         smoking marijuana; requiring a certifying physician to
   14         make a determination in concurrence with a second
   15         physician who meets specified requirements before
   16         certifying a patient under 18 years of age who is not
   17         diagnosed with a terminal condition to smoke marijuana
   18         for medical use; requiring that marijuana in a form
   19         for smoking meet certain packaging and labeling
   20         requirements; deleting a provision prohibiting a
   21         medical marijuana treatment center from dispensing or
   22         selling specified products; allowing marijuana
   23         delivery devices to be purchased from a vendor other
   24         than a medical marijuana treatment center; providing
   25         applicability; repealing proviso language in s. 3, ch.
   26         2018-9, Laws of Florida, relating to salaries and
   27         benefits positions and other personnel services of the
   28         Department of Health; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Paragraphs (g) and (j) of subsection (1),
   34  paragraph (a) of subsection (4), paragraph (e) of subsection
   35  (8), subsection (14), and subsection (15) of section 381.986,
   36  Florida Statutes, are amended to read:
   37         381.986 Medical use of marijuana.—
   38         (1) DEFINITIONS.—As used in this section, the term:
   39         (g) “Marijuana delivery device” means an object used,
   40  intended for use, or designed for use in preparing, storing,
   41  ingesting, inhaling, or otherwise introducing marijuana into the
   42  human body, and which is dispensed from a medical marijuana
   43  treatment center for medical use by a qualified patient, except
   44  that delivery devices intended for the medical use of marijuana
   45  by smoking need not be dispensed from a medical marijuana
   46  treatment center in order to qualify as marijuana delivery
   47  devices.
   48         (j) “Medical use” means the acquisition, possession, use,
   49  delivery, transfer, or administration of marijuana authorized by
   50  a physician certification. The term does not include:
   51         1. Possession, use, or administration of marijuana that was
   52  not purchased or acquired from a medical marijuana treatment
   53  center.
   54         2. Possession, use, or administration of marijuana in a
   55  form for smoking, in the form of commercially produced food
   56  items other than edibles, or of marijuana seeds or flower,
   57  except for flower in a sealed, tamper-proof receptacle for
   58  vaping.
   59         3. Use or administration of any form or amount of marijuana
   60  in a manner that is inconsistent with the qualified physician’s
   61  directions or physician certification.
   62         4. Transfer of marijuana to a person other than the
   63  qualified patient for whom it was authorized or the qualified
   64  patient’s caregiver on behalf of the qualified patient.
   65         5. The smoking of marijuana in an enclosed indoor workplace
   66  as defined in s. 386.203(5).
   67         6.5. Use or administration of marijuana in the following
   68  locations:
   69         a. On any form of public transportation, except for low-THC
   70  cannabis.
   71         b. In any public place, except for low-THC cannabis.
   72         c. In a qualified patient’s place of employment, except
   73  when permitted by his or her employer.
   74         d. In a state correctional institution, as defined in s.
   75  944.02, or a correctional institution, as defined in s. 944.241.
   76         e. On the grounds of a preschool, primary school, or
   77  secondary school, except as provided in s. 1006.062.
   78         f. In a school bus, a vehicle, an aircraft, or a motorboat,
   79  except for low-THC cannabis.
   81  For the purposes of this subparagraph, the exceptions for low
   82  THC cannabis do not include the smoking of low-THC cannabis.
   84         (a) A qualified physician may issue a physician
   85  certification only if the qualified physician:
   86         1. Conducted a physical examination while physically
   87  present in the same room as the patient and a full assessment of
   88  the medical history of the patient.
   89         2. Diagnosed the patient with at least one qualifying
   90  medical condition.
   91         3. Determined that the medical use of marijuana would
   92  likely outweigh the potential health risks for the patient, and
   93  such determination must be documented in the patient’s medical
   94  record. If a patient is younger than 18 years of age, a second
   95  physician must concur with this determination, and such
   96  concurrence must be documented in the patient’s medical record.
   97         4. Determined whether the patient is pregnant and
   98  documented such determination in the patient’s medical record. A
   99  physician may not issue a physician certification, except for
  100  low-THC cannabis, to a patient who is pregnant.
  101         5. Reviewed the patient’s controlled drug prescription
  102  history in the prescription drug monitoring program database
  103  established pursuant to s. 893.055.
  104         6. Reviews the medical marijuana use registry and confirmed
  105  that the patient does not have an active physician certification
  106  from another qualified physician.
  107         7. Registers as the issuer of the physician certification
  108  for the named qualified patient on the medical marijuana use
  109  registry in an electronic manner determined by the department,
  110  and:
  111         a. Enters into the registry the contents of the physician
  112  certification, including the patient’s qualifying condition and
  113  the dosage not to exceed the daily dose amount determined by the
  114  department, the amount and forms of marijuana authorized for the
  115  patient, and any types of marijuana delivery devices needed by
  116  the patient for the medical use of marijuana.
  117         b. Updates the registry within 7 days after any change is
  118  made to the original physician certification to reflect such
  119  change.
  120         c. Deactivates the registration of the qualified patient
  121  and the patient’s caregiver when the physician no longer
  122  recommends the medical use of marijuana for the patient.
  123         8. Obtains the voluntary and informed written consent of
  124  the patient for medical use of marijuana each time the qualified
  125  physician issues a physician certification for the patient,
  126  which shall be maintained in the patient’s medical record. The
  127  patient, or the patient’s parent or legal guardian if the
  128  patient is a minor, must sign the informed consent acknowledging
  129  that the qualified physician has sufficiently explained its
  130  content. The qualified physician must use a standardized
  131  informed consent form adopted in rule by the Board of Medicine
  132  and the Board of Osteopathic Medicine, which must include, at a
  133  minimum, information related to:
  134         a. The Federal Government’s classification of marijuana as
  135  a Schedule I controlled substance.
  136         b. The approval and oversight status of marijuana by the
  137  Food and Drug Administration.
  138         c. The current state of research on the efficacy of
  139  marijuana to treat the qualifying conditions set forth in this
  140  section.
  141         d. The potential for addiction.
  142         e. The potential effect that marijuana may have on a
  143  patient’s coordination, motor skills, and cognition, including a
  144  warning against operating heavy machinery, operating a motor
  145  vehicle, or engaging in activities that require a person to be
  146  alert or respond quickly.
  147         f. The potential side effects of marijuana use.
  148         g. The risks, benefits, and drug interactions of marijuana.
  149         h. The risks specifically associated with smoking
  150  marijuana.
  151         i.h. That the patient’s de-identified health information
  152  contained in the physician certification and medical marijuana
  153  use registry may be used for research purposes.
  155  For a patient not diagnosed with a terminal condition, if the
  156  patient is younger than 18 years of age and the certifying
  157  physician intends to certify the patient’s medical use of
  158  marijuana by way of smoking, the certifying physician must
  159  determine that smoking is the most effective means of
  160  administering medical marijuana for the patient and a second
  161  physician must concur with that determination. The second
  162  physician must be a pediatrician. Such determination and
  163  concurrence must be documented in the patient’s medical record.
  165         (e) A licensed medical marijuana treatment center shall
  166  cultivate, process, transport, and dispense marijuana for
  167  medical use. A licensed medical marijuana treatment center may
  168  not contract for services directly related to the cultivation,
  169  processing, and dispensing of marijuana or marijuana delivery
  170  devices, except that a medical marijuana treatment center
  171  licensed pursuant to subparagraph (a)1. may contract with a
  172  single entity for the cultivation, processing, transporting, and
  173  dispensing of marijuana and marijuana delivery devices. A
  174  licensed medical marijuana treatment center must, at all times,
  175  maintain compliance with the criteria demonstrated and
  176  representations made in the initial application and the criteria
  177  established in this subsection. Upon request, the department may
  178  grant a medical marijuana treatment center a variance from the
  179  representations made in the initial application. Consideration
  180  of such a request shall be based upon the individual facts and
  181  circumstances surrounding the request. A variance may not be
  182  granted unless the requesting medical marijuana treatment center
  183  can demonstrate to the department that it has a proposed
  184  alternative to the specific representation made in its
  185  application which fulfills the same or a similar purpose as the
  186  specific representation in a way that the department can
  187  reasonably determine will not be a lower standard than the
  188  specific representation in the application. A variance may not
  189  be granted from the requirements in subparagraph 2. and
  190  subparagraphs (b)1. and 2.
  191         1. A licensed medical marijuana treatment center may
  192  transfer ownership to an individual or entity who meets the
  193  requirements of this section. A publicly traded corporation or
  194  publicly traded company that meets the requirements of this
  195  section is not precluded from ownership of a medical marijuana
  196  treatment center. To accommodate a change in ownership:
  197         a. The licensed medical marijuana treatment center shall
  198  notify the department in writing at least 60 days before the
  199  anticipated date of the change of ownership.
  200         b. The individual or entity applying for initial licensure
  201  due to a change of ownership must submit an application that
  202  must be received by the department at least 60 days before the
  203  date of change of ownership.
  204         c. Upon receipt of an application for a license, the
  205  department shall examine the application and, within 30 days
  206  after receipt, notify the applicant in writing of any apparent
  207  errors or omissions and request any additional information
  208  required.
  209         d. Requested information omitted from an application for
  210  licensure must be filed with the department within 21 days after
  211  the department’s request for omitted information or the
  212  application shall be deemed incomplete and shall be withdrawn
  213  from further consideration and the fees shall be forfeited.
  215  Within 30 days after the receipt of a complete application, the
  216  department shall approve or deny the application.
  217         2. A medical marijuana treatment center, and any individual
  218  or entity who directly or indirectly owns, controls, or holds
  219  with power to vote 5 percent or more of the voting shares of a
  220  medical marijuana treatment center, may not acquire direct or
  221  indirect ownership or control of any voting shares or other form
  222  of ownership of any other medical marijuana treatment center.
  223         3. A medical marijuana treatment center may not enter into
  224  any form of profit-sharing arrangement with the property owner
  225  or lessor of any of its facilities where cultivation,
  226  processing, storing, or dispensing of marijuana and marijuana
  227  delivery devices occurs.
  228         4. All employees of a medical marijuana treatment center
  229  must be 21 years of age or older and have passed a background
  230  screening pursuant to subsection (9).
  231         5. Each medical marijuana treatment center must adopt and
  232  enforce policies and procedures to ensure employees and
  233  volunteers receive training on the legal requirements to
  234  dispense marijuana to qualified patients.
  235         6. When growing marijuana, a medical marijuana treatment
  236  center:
  237         a. May use pesticides determined by the department, after
  238  consultation with the Department of Agriculture and Consumer
  239  Services, to be safely applied to plants intended for human
  240  consumption, but may not use pesticides designated as
  241  restricted-use pesticides pursuant to s. 487.042.
  242         b. Must grow marijuana within an enclosed structure and in
  243  a room separate from any other plant.
  244         c. Must inspect seeds and growing plants for plant pests
  245  that endanger or threaten the horticultural and agricultural
  246  interests of the state in accordance with chapter 581 and any
  247  rules adopted thereunder.
  248         d. Must perform fumigation or treatment of plants, or
  249  remove and destroy infested or infected plants, in accordance
  250  with chapter 581 and any rules adopted thereunder.
  251         7. Each medical marijuana treatment center must produce and
  252  make available for purchase at least one low-THC cannabis
  253  product.
  254         8. A medical marijuana treatment center that produces
  255  edibles must hold a permit to operate as a food establishment
  256  pursuant to chapter 500, the Florida Food Safety Act, and must
  257  comply with all the requirements for food establishments
  258  pursuant to chapter 500 and any rules adopted thereunder.
  259  Edibles may not contain more than 200 milligrams of
  260  tetrahydrocannabinol, and a single serving portion of an edible
  261  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  262  may have a potency variance of no greater than 15 percent.
  263  Edibles may not be attractive to children; be manufactured in
  264  the shape of humans, cartoons, or animals; be manufactured in a
  265  form that bears any reasonable resemblance to products available
  266  for consumption as commercially available candy; or contain any
  267  color additives. To discourage consumption of edibles by
  268  children, the department shall determine by rule any shapes,
  269  forms, and ingredients allowed and prohibited for edibles.
  270  Medical marijuana treatment centers may not begin processing or
  271  dispensing edibles until after the effective date of the rule.
  272  The department shall also adopt sanitation rules providing the
  273  standards and requirements for the storage, display, or
  274  dispensing of edibles.
  275         9. Within 12 months after licensure, a medical marijuana
  276  treatment center must demonstrate to the department that all of
  277  its processing facilities have passed a Food Safety Good
  278  Manufacturing Practices, such as Global Food Safety Initiative
  279  or equivalent, inspection by a nationally accredited certifying
  280  body. A medical marijuana treatment center must immediately stop
  281  processing at any facility which fails to pass this inspection
  282  until it demonstrates to the department that such facility has
  283  met this requirement.
  284         10. When processing marijuana, a medical marijuana
  285  treatment center must:
  286         a. Process the marijuana within an enclosed structure and
  287  in a room separate from other plants or products.
  288         b. Comply with department rules when processing marijuana
  289  with hydrocarbon solvents or other solvents or gases exhibiting
  290  potential toxicity to humans. The department shall determine by
  291  rule the requirements for medical marijuana treatment centers to
  292  use such solvents or gases exhibiting potential toxicity to
  293  humans.
  294         c. Comply with federal and state laws and regulations and
  295  department rules for solid and liquid wastes. The department
  296  shall determine by rule procedures for the storage, handling,
  297  transportation, management, and disposal of solid and liquid
  298  waste generated during marijuana production and processing. The
  299  Department of Environmental Protection shall assist the
  300  department in developing such rules.
  301         d. Test the processed marijuana using a medical marijuana
  302  testing laboratory before it is dispensed. Results must be
  303  verified and signed by two medical marijuana treatment center
  304  employees. Before dispensing, the medical marijuana treatment
  305  center must determine that the test results indicate that low
  306  THC cannabis meets the definition of low-THC cannabis, the
  307  concentration of tetrahydrocannabinol meets the potency
  308  requirements of this section, the labeling of the concentration
  309  of tetrahydrocannabinol and cannabidiol is accurate, and all
  310  marijuana is safe for human consumption and free from
  311  contaminants that are unsafe for human consumption. The
  312  department shall determine by rule which contaminants must be
  313  tested for and the maximum levels of each contaminant which are
  314  safe for human consumption. The Department of Agriculture and
  315  Consumer Services shall assist the department in developing the
  316  testing requirements for contaminants that are unsafe for human
  317  consumption in edibles. The department shall also determine by
  318  rule the procedures for the treatment of marijuana that fails to
  319  meet the testing requirements of this section, s. 381.988, or
  320  department rule. The department may select a random sample from
  321  edibles available for purchase in a dispensing facility which
  322  shall be tested by the department to determine that the edible
  323  meets the potency requirements of this section, is safe for
  324  human consumption, and the labeling of the tetrahydrocannabinol
  325  and cannabidiol concentration is accurate. A medical marijuana
  326  treatment center may not require payment from the department for
  327  the sample. A medical marijuana treatment center must recall
  328  edibles, including all edibles made from the same batch of
  329  marijuana, which fail to meet the potency requirements of this
  330  section, which are unsafe for human consumption, or for which
  331  the labeling of the tetrahydrocannabinol and cannabidiol
  332  concentration is inaccurate. The medical marijuana treatment
  333  center must retain records of all testing and samples of each
  334  homogenous batch of marijuana for at least 9 months. The medical
  335  marijuana treatment center must contract with a marijuana
  336  testing laboratory to perform audits on the medical marijuana
  337  treatment center’s standard operating procedures, testing
  338  records, and samples and provide the results to the department
  339  to confirm that the marijuana or low-THC cannabis meets the
  340  requirements of this section and that the marijuana or low-THC
  341  cannabis is safe for human consumption. A medical marijuana
  342  treatment center shall reserve two processed samples from each
  343  batch and retain such samples for at least 9 months for the
  344  purpose of such audits. A medical marijuana treatment center may
  345  use a laboratory that has not been certified by the department
  346  under s. 381.988 until such time as at least one laboratory
  347  holds the required certification, but in no event later than
  348  July 1, 2018.
  349         e. Package the marijuana in compliance with the United
  350  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  351  1471 et seq.
  352         f. Package the marijuana in a receptacle that has a firmly
  353  affixed and legible label stating the following information:
  354         (I) The marijuana or low-THC cannabis meets the
  355  requirements of sub-subparagraph d.
  356         (II) The name of the medical marijuana treatment center
  357  from which the marijuana originates.
  358         (III) The batch number and harvest number from which the
  359  marijuana originates and the date dispensed.
  360         (IV) The name of the physician who issued the physician
  361  certification.
  362         (V) The name of the patient.
  363         (VI) The product name, if applicable, and dosage form,
  364  including concentration of tetrahydrocannabinol and cannabidiol.
  365  The product name may not contain wording commonly associated
  366  with products marketed by or to children.
  367         (VII) The recommended dose.
  368         (VIII) A warning that it is illegal to transfer medical
  369  marijuana to another person.
  370         (IX) A marijuana universal symbol developed by the
  371  department.
  372         11. The medical marijuana treatment center shall include in
  373  each package a patient package insert with information on the
  374  specific product dispensed related to:
  375         a. Clinical pharmacology.
  376         b. Indications and use.
  377         c. Dosage and administration.
  378         d. Dosage forms and strengths.
  379         e. Contraindications.
  380         f. Warnings and precautions.
  381         g. Adverse reactions.
  382         12.In addition to the packaging and labeling requirements
  383  in subparagraphs 10. and 11., marijuana in a form for smoking
  384  must be packaged in a sealed receptacle with a legible and
  385  prominent warning to keep away from children and a warning that
  386  states marijuana smoke contains carcinogens and may negatively
  387  affect health. Such receptacles for marijuana in a form for
  388  smoking must be plain, opaque, and white without depictions of
  389  the product or images other than the medical marijuana treatment
  390  center’s department-approved logo and the marijuana universal
  391  symbol.
  392         13.12. Each edible shall be individually sealed in plain,
  393  opaque wrapping marked only with the marijuana universal symbol.
  394  Where practical, each edible shall be marked with the marijuana
  395  universal symbol. In addition to the packaging and labeling
  396  requirements in subparagraphs 10., and 11., and 12., edible
  397  receptacles must be plain, opaque, and white without depictions
  398  of the product or images other than the medical marijuana
  399  treatment center’s department-approved logo and the marijuana
  400  universal symbol. The receptacle must also include a list all of
  401  the edible’s ingredients, storage instructions, an expiration
  402  date, a legible and prominent warning to keep away from children
  403  and pets, and a warning that the edible has not been produced or
  404  inspected pursuant to federal food safety laws.
  405         14.13. When dispensing marijuana or a marijuana delivery
  406  device, a medical marijuana treatment center:
  407         a. May dispense any active, valid order for low-THC
  408  cannabis, medical cannabis and cannabis delivery devices issued
  409  pursuant to former s. 381.986, Florida Statutes 2016, which was
  410  entered into the medical marijuana use registry before July 1,
  411  2017.
  412         b. May not dispense more than a 70-day supply of marijuana
  413  to a qualified patient or caregiver.
  414         c. Must have the medical marijuana treatment center’s
  415  employee who dispenses the marijuana or a marijuana delivery
  416  device enter into the medical marijuana use registry his or her
  417  name or unique employee identifier.
  418         d. Must verify that the qualified patient and the
  419  caregiver, if applicable, each have an active registration in
  420  the medical marijuana use registry and an active and valid
  421  medical marijuana use registry identification card, the amount
  422  and type of marijuana dispensed matches the physician
  423  certification in the medical marijuana use registry for that
  424  qualified patient, and the physician certification has not
  425  already been filled.
  426         e. May not dispense marijuana to a qualified patient who is
  427  younger than 18 years of age. If the qualified patient is
  428  younger than 18 years of age, marijuana may only be dispensed to
  429  the qualified patient’s caregiver.
  430         f. May not dispense or sell any other type of cannabis,
  431  alcohol, or illicit drug-related product, including pipes,
  432  bongs, or wrapping papers, other than a marijuana delivery
  433  device required for the medical use of marijuana and which is
  434  specified in a physician certification.
  435         g. Must, upon dispensing the marijuana or marijuana
  436  delivery device, record in the registry the date, time,
  437  quantity, and form of marijuana dispensed; the type of marijuana
  438  delivery device dispensed; and the name and medical marijuana
  439  use registry identification number of the qualified patient or
  440  caregiver to whom the marijuana delivery device was dispensed.
  441         h. Must ensure that patient records are not visible to
  442  anyone other than the qualified patient, his or her caregiver,
  443  and authorized medical marijuana treatment center employees.
  444         (14) EXCEPTIONS TO OTHER LAWS.—
  445         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  446  any other provision of law, but subject to the requirements of
  447  this section, a qualified patient and the qualified patient’s
  448  caregiver may purchase from a medical marijuana treatment center
  449  for the patient’s medical use a marijuana delivery device and up
  450  to the amount of marijuana authorized in the physician
  451  certification, but may not possess more than a 70-day supply of
  452  marijuana at any given time and all marijuana purchased must
  453  remain in its original packaging.
  454         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
  455  s. 893.147, or any other provision of law, a qualified patient
  456  and the qualified patient’s caregiver may purchase and possess a
  457  marijuana delivery device intended for the medical use of
  458  marijuana by smoking from a vendor other than a medical
  459  marijuana treatment center if such delivery device, or a similar
  460  delivery device, is specified in that patients certification
  461  issued by a qualified physician.
  462         (c)(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  463  or any other provision of law, but subject to the requirements
  464  of this section, an approved medical marijuana treatment center
  465  and its owners, managers, and employees may manufacture,
  466  possess, sell, deliver, distribute, dispense, and lawfully
  467  dispose of marijuana or a marijuana delivery device as provided
  468  in this section, s. 381.988, and by department rule. For the
  469  purposes of this subsection, the terms “manufacture,”
  470  “possession,” “deliver,” “distribute,” and “dispense” have the
  471  same meanings as provided in s. 893.02.
  472         (d)(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  473  or any other provision of law, but subject to the requirements
  474  of this section, a certified marijuana testing laboratory,
  475  including an employee of a certified marijuana testing
  476  laboratory acting within the scope of his or her employment, may
  477  acquire, possess, test, transport, and lawfully dispose of
  478  marijuana as provided in this section, in s. 381.988, and by
  479  department rule.
  480         (e)(d) A licensed medical marijuana treatment center and
  481  its owners, managers, and employees are not subject to licensure
  482  or regulation under chapter 465 or chapter 499 for
  483  manufacturing, possessing, selling, delivering, distributing,
  484  dispensing, or lawfully disposing of marijuana or a marijuana
  485  delivery device, as provided in this section, in s. 381.988, and
  486  by department rule.
  487         (f)(e) This subsection does not exempt a person from
  488  prosecution for a criminal offense related to impairment or
  489  intoxication resulting from the medical use of marijuana or
  490  relieve a person from any requirement under law to submit to a
  491  breath, blood, urine, or other test to detect the presence of a
  492  controlled substance.
  493         (g)(f) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  494  or any other provision of law, but subject to the requirements
  495  of this section and pursuant to policies and procedures
  496  established pursuant to s. 1006.62(8), school personnel may
  497  possess marijuana that is obtained for medical use pursuant to
  498  this section by a student who is a qualified patient.
  499         (h)(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  500  or any other provision of law, but subject to the requirements
  501  of this section, a research institute established by a public
  502  postsecondary educational institution, such as the H. Lee
  503  Moffitt Cancer Center and Research Institute, Inc., established
  504  under s. 1004.43, or a state university that has achieved the
  505  preeminent state research university designation under s.
  506  1001.7065 may possess, test, transport, and lawfully dispose of
  507  marijuana for research purposes as provided by this section.
  508         (15) APPLICABILITY.—
  509         (a) This section does not limit the ability of an employer
  510  to establish, continue, or enforce a drug-free workplace program
  511  or policy.
  512         (b) This section does not require an employer to
  513  accommodate the medical use of marijuana in any workplace or any
  514  employee working while under the influence of marijuana.
  515         (c) This section does not create a cause of action against
  516  an employer for wrongful discharge or discrimination.
  517         (d) This section does not impair the ability of any party
  518  to restrict or limit smoking on his or her private property.
  519         (e) This section does not prohibit the medical use of
  520  marijuana, or a caregiver assisting with the medical use of
  521  marijuana, in a nursing home, licensed under part II of chapter
  522  400; in a hospice facility, licensed under part IV of chapter
  523  400; or in an assisted living facility, licensed under part I of
  524  chapter 429, if the medical use of marijuana is not prohibited
  525  in the facility’s policies.
  526         (f) Marijuana, as defined in this section, is not
  527  reimbursable under chapter 440.
  528         Section 2. The proviso following Specific Appropriation 422
  529  in section 3 of chapter 2018-9, Laws of Florida, and the proviso
  530  following Specific Appropriation 424 in section 3 of chapter
  531  2018-9, Laws of Florida, are repealed and the funds appropriated
  532  by those specific appropriations which were affected by those
  533  provisos are released from reserve.
  534         Section 3. This act shall take effect upon becoming a law.