Florida Senate - 2019                                     SB 372
       By Senator Farmer
       34-00715-19                                            2019372__
    1                        A bill to be entitled                      
    2         An act relating to smoking marijuana for medical use;
    3         amending s. 381.986, F.S.; redefining terms to
    4         authorize the production, processing, transportation,
    5         sale, possession, and administration of marijuana in a
    6         form for smoking for medical use; removing the
    7         requirement that marijuana delivery devices only be
    8         dispensed by medical marijuana treatment centers;
    9         deleting a provision requiring specified parties to be
   10         able to access the medical marijuana use registry to
   11         verify the authorization of a qualified patient or a
   12         caregiver to possess a marijuana delivery device;
   13         removing the requirement that a caregiver be in
   14         immediate possession of his or her medical marijuana
   15         use registry identification card when in possession of
   16         a marijuana delivery device; deleting provisions
   17         prohibiting a medical marijuana treatment center from
   18         contracting for certain services related to marijuana
   19         delivery devices; conforming provisions to changes
   20         made by the act; removing the requirement that at
   21         least two persons be in a vehicle transporting
   22         marijuana delivery devices; removing the requirement
   23         that safety and security training be provided to
   24         employees transporting or delivering marijuana
   25         delivery devices; revising grounds for a criminal
   26         penalty to remove the requirement that a qualified
   27         patient or caregiver present his or her medical
   28         marijuana use registry identification card when in
   29         possession of a marijuana delivery device under
   30         certain circumstances; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Paragraphs (g), (j), (k), and (n) of subsection
   35  (1), paragraph (a) of subsection (5), paragraph (g) of
   36  subsection (6), paragraphs (e) and (g) of subsection (8), and
   37  paragraph (e) of subsection (12) of section 381.986, Florida
   38  Statutes, are amended to read:
   39         381.986 Medical use of marijuana.—
   40         (1) DEFINITIONS.—As used in this section, the term:
   41         (g) “Marijuana delivery device” means an object in the
   42  possession of a caregiver or a qualified patient which is used,
   43  intended for use, or designed for use in preparing, storing,
   44  ingesting, burning, or inhaling marijuana, or otherwise
   45  introducing marijuana into the human body, and which is
   46  dispensed from a medical marijuana treatment center for medical
   47  use by a qualified patient. The term includes, but is not
   48  limited to, a cartridge, a grinder, a pipe, rolling papers, a
   49  syringe, or a vaporizer.
   50         (j) “Medical use” means the acquisition, possession, use,
   51  delivery, transfer, or administration of marijuana authorized by
   52  a physician certification.
   53         1. The term includes the possession, use, or administration
   54  of marijuana in a form for smoking.
   55         2. The term does not include:
   56         a.1.The possession, use, or administration of marijuana
   57  that was not purchased or acquired from a medical marijuana
   58  treatment center.
   59         b.2.The possession, use, or administration of marijuana in
   60  a form for smoking, in the form of commercially produced food
   61  items other than edibles, or of marijuana seeds or flower,
   62  except for flower in a sealed, tamper-proof receptacle for
   63  vaping.
   64         c.3.The use or administration of any form or amount of
   65  marijuana in a manner that is inconsistent with the qualified
   66  physician’s directions or physician certification.
   67         d.4.The transfer of marijuana to a person other than the
   68  qualified patient for whom it was authorized or the qualified
   69  patient’s caregiver on behalf of the qualified patient.
   70         e.5.The use or administration of marijuana on or in any of
   71  the following locations:
   72         (I)a.On Any form of public transportation. This sub-sub
   73  subparagraph does not apply to the use or administration of,
   74  except for low-THC cannabis.
   75         (II)b.In Any public place. This sub-sub-subparagraph does
   76  not apply to the use or administration of, except for low-THC
   77  cannabis.
   78         (III)c.In A qualified patient’s place of employment,
   79  except when permitted by his or her employer.
   80         (IV)d.In A state correctional institution, as defined in
   81  s. 944.02, or a correctional institution, as defined in s.
   82  944.241.
   83         (V)e.On The grounds of a preschool, primary school, or
   84  secondary school, except as provided in s. 1006.062.
   85         (VI)f.In A school bus, a vehicle, an aircraft, or a
   86  motorboat. This sub-sub-subparagraph does not apply to the use
   87  or administration of, except for low-THC cannabis.
   88         (k) “Physician certification” means a qualified physician’s
   89  authorization for a qualified patient to receive marijuana and a
   90  marijuana delivery device from a medical marijuana treatment
   91  center or marijuana delivery devices needed by the qualified
   92  patient for medical use.
   93         (n) “Smoking” means the inhalation of the smoke of burning
   94  marijuana contained or held in a marijuana delivery device or
   95  igniting a substance and inhaling the smoke.
   97         (a) The department shall create and maintain a secure,
   98  electronic, and online medical marijuana use registry for
   99  physicians, patients, and caregivers as provided under this
  100  section. The medical marijuana use registry must be accessible
  101  to law enforcement agencies, qualified physicians, and medical
  102  marijuana treatment centers to verify the authorization of a
  103  qualified patient or a caregiver to possess marijuana or a
  104  marijuana delivery device and record the marijuana or marijuana
  105  delivery device dispensed. The medical marijuana use registry
  106  must also be accessible to practitioners licensed to prescribe
  107  prescription drugs to ensure proper care for patients before
  108  medications that may interact with the medical use of marijuana
  109  are prescribed. The medical marijuana use registry must prevent
  110  an active registration of a qualified patient by multiple
  111  physicians.
  112         (6) CAREGIVERS.—
  113         (g) A caregiver must be in immediate possession of his or
  114  her medical marijuana use registry identification card at all
  115  times when in possession of marijuana or a marijuana delivery
  116  device and must present his or her medical marijuana use
  117  registry identification card upon the request of a law
  118  enforcement officer.
  120         (e) A licensed medical marijuana treatment center shall
  121  cultivate, process, transport, and dispense marijuana for
  122  medical use. A licensed medical marijuana treatment center may
  123  not contract for services directly related to the cultivation,
  124  processing, and dispensing of marijuana or marijuana delivery
  125  devices, except that a medical marijuana treatment center
  126  licensed pursuant to subparagraph (a)1. may contract with a
  127  single entity for the cultivation, processing, transporting, and
  128  dispensing of marijuana and marijuana delivery devices. A
  129  licensed medical marijuana treatment center must, at all times,
  130  maintain compliance with the criteria demonstrated and
  131  representations made in the initial application and the criteria
  132  established in this subsection. Upon request, the department may
  133  grant a medical marijuana treatment center a variance from the
  134  representations made in the initial application. Consideration
  135  of such a request shall be based upon the individual facts and
  136  circumstances surrounding the request. A variance may not be
  137  granted unless the requesting medical marijuana treatment center
  138  can demonstrate to the department that it has a proposed
  139  alternative to the specific representation made in its
  140  application which fulfills the same or a similar purpose as the
  141  specific representation in a way that the department can
  142  reasonably determine will not be a lower standard than the
  143  specific representation in the application. A variance may not
  144  be granted from the requirements in subparagraph 2. and
  145  subparagraphs (b)1. and 2.
  146         1. A licensed medical marijuana treatment center may
  147  transfer ownership to an individual or entity who meets the
  148  requirements of this section. A publicly traded corporation or
  149  publicly traded company that meets the requirements of this
  150  section is not precluded from ownership of a medical marijuana
  151  treatment center. To accommodate a change in ownership:
  152         a. The licensed medical marijuana treatment center shall
  153  notify the department in writing at least 60 days before the
  154  anticipated date of the change of ownership.
  155         b. The individual or entity applying for initial licensure
  156  due to a change of ownership must submit an application that
  157  must be received by the department at least 60 days before the
  158  date of change of ownership.
  159         c. Upon receipt of an application for a license, the
  160  department shall examine the application and, within 30 days
  161  after receipt, notify the applicant in writing of any apparent
  162  errors or omissions and request any additional information
  163  required.
  164         d. Requested information omitted from an application for
  165  licensure must be filed with the department within 21 days after
  166  the department’s request for omitted information or the
  167  application shall be deemed incomplete and shall be withdrawn
  168  from further consideration and the fees shall be forfeited.
  170  Within 30 days after the receipt of a complete application, the
  171  department shall approve or deny the application.
  172         2. A medical marijuana treatment center, and any individual
  173  or entity who directly or indirectly owns, controls, or holds
  174  with power to vote 5 percent or more of the voting shares of a
  175  medical marijuana treatment center, may not acquire direct or
  176  indirect ownership or control of any voting shares or other form
  177  of ownership of any other medical marijuana treatment center.
  178         3. A medical marijuana treatment center may not enter into
  179  any form of profit-sharing arrangement with the property owner
  180  or lessor of any of its facilities where cultivation,
  181  processing, storing, or dispensing of marijuana and marijuana
  182  delivery devices occurs.
  183         4. All employees of a medical marijuana treatment center
  184  must be 21 years of age or older and have passed a background
  185  screening pursuant to subsection (9).
  186         5. Each medical marijuana treatment center must adopt and
  187  enforce policies and procedures to ensure employees and
  188  volunteers receive training on the legal requirements to
  189  dispense marijuana to qualified patients.
  190         6. When growing marijuana, a medical marijuana treatment
  191  center:
  192         a. May use pesticides determined by the department, after
  193  consultation with the Department of Agriculture and Consumer
  194  Services, to be safely applied to plants intended for human
  195  consumption, but may not use pesticides designated as
  196  restricted-use pesticides pursuant to s. 487.042.
  197         b. Must grow marijuana within an enclosed structure and in
  198  a room separate from any other plant.
  199         c. Must inspect seeds and growing plants for plant pests
  200  that endanger or threaten the horticultural and agricultural
  201  interests of the state in accordance with chapter 581 and any
  202  rules adopted thereunder.
  203         d. Must perform fumigation or treatment of plants, or
  204  remove and destroy infested or infected plants, in accordance
  205  with chapter 581 and any rules adopted thereunder.
  206         7. Each medical marijuana treatment center must produce and
  207  make available for purchase at least one low-THC cannabis
  208  product.
  209         8. A medical marijuana treatment center that produces
  210  edibles must hold a permit to operate as a food establishment
  211  pursuant to chapter 500, the Florida Food Safety Act, and must
  212  comply with all the requirements for food establishments
  213  pursuant to chapter 500 and any rules adopted thereunder.
  214  Edibles may not contain more than 200 milligrams of
  215  tetrahydrocannabinol, and a single serving portion of an edible
  216  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  217  may have a potency variance of no greater than 15 percent.
  218  Edibles may not be attractive to children; be manufactured in
  219  the shape of humans, cartoons, or animals; be manufactured in a
  220  form that bears any reasonable resemblance to products available
  221  for consumption as commercially available candy; or contain any
  222  color additives. To discourage consumption of edibles by
  223  children, the department shall determine by rule any shapes,
  224  forms, and ingredients allowed and prohibited for edibles.
  225  Medical marijuana treatment centers may not begin processing or
  226  dispensing edibles until after the effective date of the rule.
  227  The department shall also adopt sanitation rules providing the
  228  standards and requirements for the storage, display, or
  229  dispensing of edibles.
  230         9. Within 12 months after licensure, a medical marijuana
  231  treatment center must demonstrate to the department that all of
  232  its processing facilities have passed a Food Safety Good
  233  Manufacturing Practices, such as Global Food Safety Initiative
  234  or equivalent, inspection by a nationally accredited certifying
  235  body. A medical marijuana treatment center must immediately stop
  236  processing at any facility which fails to pass this inspection
  237  until it demonstrates to the department that such facility has
  238  met this requirement.
  239         10. When processing marijuana, a medical marijuana
  240  treatment center must:
  241         a. Process the marijuana within an enclosed structure and
  242  in a room separate from other plants or products.
  243         b. Comply with department rules when processing marijuana
  244  with hydrocarbon solvents or other solvents or gases exhibiting
  245  potential toxicity to humans. The department shall determine by
  246  rule the requirements for medical marijuana treatment centers to
  247  use such solvents or gases exhibiting potential toxicity to
  248  humans.
  249         c. Comply with federal and state laws and regulations and
  250  department rules for solid and liquid wastes. The department
  251  shall determine by rule procedures for the storage, handling,
  252  transportation, management, and disposal of solid and liquid
  253  waste generated during marijuana production and processing. The
  254  Department of Environmental Protection shall assist the
  255  department in developing such rules.
  256         d. Test the processed marijuana using a medical marijuana
  257  testing laboratory before it is dispensed. Results must be
  258  verified and signed by two medical marijuana treatment center
  259  employees. Before dispensing, the medical marijuana treatment
  260  center must determine that the test results indicate that low
  261  THC cannabis meets the definition of low-THC cannabis, the
  262  concentration of tetrahydrocannabinol meets the potency
  263  requirements of this section, the labeling of the concentration
  264  of tetrahydrocannabinol and cannabidiol is accurate, and all
  265  marijuana is safe for human consumption and free from
  266  contaminants that are unsafe for human consumption. The
  267  department shall determine by rule which contaminants must be
  268  tested for and the maximum levels of each contaminant which are
  269  safe for human consumption. The Department of Agriculture and
  270  Consumer Services shall assist the department in developing the
  271  testing requirements for contaminants that are unsafe for human
  272  consumption in edibles. The department shall also determine by
  273  rule the procedures for the treatment of marijuana that fails to
  274  meet the testing requirements of this section, s. 381.988, or
  275  department rule. The department may select a random sample from
  276  edibles available for purchase in a dispensing facility which
  277  shall be tested by the department to determine that the edible
  278  meets the potency requirements of this section, is safe for
  279  human consumption, and the labeling of the tetrahydrocannabinol
  280  and cannabidiol concentration is accurate. A medical marijuana
  281  treatment center may not require payment from the department for
  282  the sample. A medical marijuana treatment center must recall
  283  edibles, including all edibles made from the same batch of
  284  marijuana, which fail to meet the potency requirements of this
  285  section, which are unsafe for human consumption, or for which
  286  the labeling of the tetrahydrocannabinol and cannabidiol
  287  concentration is inaccurate. The medical marijuana treatment
  288  center must retain records of all testing and samples of each
  289  homogenous batch of marijuana for at least 9 months. The medical
  290  marijuana treatment center must contract with a marijuana
  291  testing laboratory to perform audits on the medical marijuana
  292  treatment center’s standard operating procedures, testing
  293  records, and samples and provide the results to the department
  294  to confirm that the marijuana or low-THC cannabis meets the
  295  requirements of this section and that the marijuana or low-THC
  296  cannabis is safe for human consumption. A medical marijuana
  297  treatment center shall reserve two processed samples from each
  298  batch and retain such samples for at least 9 months for the
  299  purpose of such audits. A medical marijuana treatment center may
  300  use a laboratory that has not been certified by the department
  301  under s. 381.988 until such time as at least one laboratory
  302  holds the required certification, but in no event later than
  303  July 1, 2018.
  304         e. Package the marijuana in compliance with the United
  305  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  306  1471 et seq.
  307         f. Package the marijuana in a receptacle that has a firmly
  308  affixed and legible label stating the following information:
  309         (I) The marijuana or low-THC cannabis meets the
  310  requirements of sub-subparagraph d.
  311         (II) The name of the medical marijuana treatment center
  312  from which the marijuana originates.
  313         (III) The batch number and harvest number from which the
  314  marijuana originates and the date dispensed.
  315         (IV) The name of the physician who issued the physician
  316  certification.
  317         (V) The name of the patient.
  318         (VI) The product name, if applicable, and dosage form,
  319  including concentration of tetrahydrocannabinol and cannabidiol.
  320  The product name may not contain wording commonly associated
  321  with products marketed by or to children.
  322         (VII) The recommended dose.
  323         (VIII) A warning that it is illegal to transfer medical
  324  marijuana to another person.
  325         (IX) A marijuana universal symbol developed by the
  326  department.
  327         11. The medical marijuana treatment center shall include in
  328  each package a patient package insert with information on the
  329  specific product dispensed related to:
  330         a. Clinical pharmacology.
  331         b. Indications and use.
  332         c. Dosage and administration.
  333         d. Dosage forms and strengths.
  334         e. Contraindications.
  335         f. Warnings and precautions.
  336         g. Adverse reactions.
  337         12. Each edible shall be individually sealed in plain,
  338  opaque wrapping marked only with the marijuana universal symbol.
  339  Where practical, each edible shall be marked with the marijuana
  340  universal symbol. In addition to the packaging and labeling
  341  requirements in subparagraphs 10. and 11., edible receptacles
  342  must be plain, opaque, and white without depictions of the
  343  product or images other than the medical marijuana treatment
  344  center’s department-approved logo and the marijuana universal
  345  symbol. The receptacle must also include a list all of the
  346  edible’s ingredients, storage instructions, an expiration date,
  347  a legible and prominent warning to keep away from children and
  348  pets, and a warning that the edible has not been produced or
  349  inspected pursuant to federal food safety laws.
  350         13. When dispensing marijuana or a marijuana delivery
  351  device, a medical marijuana treatment center:
  352         a. May dispense any active, valid order for low-THC
  353  cannabis, medical cannabis and cannabis delivery devices issued
  354  pursuant to former s. 381.986, Florida Statutes 2016, which was
  355  entered into the medical marijuana use registry before July 1,
  356  2017.
  357         b. May not dispense more than a 70-day supply of marijuana
  358  to a qualified patient or caregiver.
  359         c. Must have the medical marijuana treatment center’s
  360  employee who dispenses the marijuana or a marijuana delivery
  361  device enter into the medical marijuana use registry his or her
  362  name or unique employee identifier.
  363         d. Must verify that the qualified patient and the
  364  caregiver, if applicable, each have an active registration in
  365  the medical marijuana use registry and an active and valid
  366  medical marijuana use registry identification card, the amount
  367  and type of marijuana dispensed matches the physician
  368  certification in the medical marijuana use registry for that
  369  qualified patient, and the physician certification has not
  370  already been filled.
  371         e. May not dispense marijuana to a qualified patient who is
  372  younger than 18 years of age. If the qualified patient is
  373  younger than 18 years of age, marijuana may only be dispensed to
  374  the qualified patient’s caregiver.
  375         f. May not dispense or sell any other type of cannabis,
  376  alcohol, or illicit drug-related product, including pipes,
  377  bongs, or wrapping papers, other than a marijuana delivery
  378  device required for the medical use of marijuana as and which is
  379  specified in a physician certification.
  380         g. Must, upon dispensing the marijuana or marijuana
  381  delivery device, record in the registry the date, time,
  382  quantity, and form of marijuana dispensed; the type of marijuana
  383  delivery device dispensed; and the name and medical marijuana
  384  use registry identification number of the qualified patient or
  385  caregiver to whom the marijuana delivery device was dispensed.
  386         h. Must ensure that patient records are not visible to
  387  anyone other than the qualified patient, his or her caregiver,
  388  and authorized medical marijuana treatment center employees.
  389         (g) To ensure the safe transport of marijuana and marijuana
  390  delivery devices to medical marijuana treatment centers,
  391  marijuana testing laboratories, or qualified patients, a medical
  392  marijuana treatment center must:
  393         1. Maintain a marijuana transportation manifest in any
  394  vehicle transporting marijuana. The marijuana transportation
  395  manifest must be generated from a medical marijuana treatment
  396  center’s seed-to-sale tracking system and include the:
  397         a. Departure date and approximate time of departure.
  398         b. Name, location address, and license number of the
  399  originating medical marijuana treatment center.
  400         c. Name and address of the recipient of the delivery.
  401         d. Quantity and form of any marijuana or marijuana delivery
  402  device being transported.
  403         e. Arrival date and estimated time of arrival.
  404         f. Delivery vehicle make and model and license plate
  405  number.
  406         g. Name and signature of the medical marijuana treatment
  407  center employees delivering the product.
  408         (I) A copy of the marijuana transportation manifest must be
  409  provided to each individual, medical marijuana treatment center,
  410  or marijuana testing laboratory that receives a delivery. The
  411  individual, or a representative of the center or laboratory,
  412  must sign a copy of the marijuana transportation manifest
  413  acknowledging receipt.
  414         (II) An individual transporting marijuana or a marijuana
  415  delivery device must present a copy of the relevant marijuana
  416  transportation manifest and his or her employee identification
  417  card to a law enforcement officer upon request.
  418         (III) Medical marijuana treatment centers and marijuana
  419  testing laboratories must retain copies of all marijuana
  420  transportation manifests for at least 3 years.
  421         2. Ensure only vehicles in good working order are used to
  422  transport marijuana.
  423         3. Lock marijuana and marijuana delivery devices in a
  424  separate compartment or container within the vehicle.
  425         4. Require employees to have possession of their employee
  426  identification card at all times when transporting marijuana or
  427  marijuana delivery devices.
  428         5. Require at least two persons to be in a vehicle
  429  transporting marijuana or marijuana delivery devices, and
  430  require at least one person to remain in the vehicle while the
  431  marijuana or marijuana delivery device is being delivered.
  432         6. Provide specific safety and security training to
  433  employees transporting or delivering marijuana and marijuana
  434  delivery devices.
  435         (12) PENALTIES.—
  436         (e)1. A qualified patient or caregiver in possession of
  437  marijuana or a marijuana delivery device who fails or refuses to
  438  present his or her marijuana use registry identification card
  439  upon the request of a law enforcement officer commits a
  440  misdemeanor of the second degree, punishable as provided in s.
  441  775.082 or s. 775.083, unless it can be determined through the
  442  medical marijuana use registry that the person is authorized to
  443  be in possession of that marijuana or marijuana delivery device.
  444         2. A person charged with a violation of this paragraph may
  445  not be convicted if, before or at the time of his or her court
  446  or hearing appearance, the person produces in court or to the
  447  clerk of the court in which the charge is pending a medical
  448  marijuana use registry identification card issued to him or her
  449  which is valid at the time of his or her arrest. The clerk of
  450  the court is authorized to dismiss such case at any time before
  451  the defendant’s appearance in court. The clerk of the court may
  452  assess a fee of $5 for dismissing the case under this paragraph.
  453         Section 2. This act shall take effect July 1, 2019.