Florida Senate – 2017

SB 614

By Senator Brandes

24-00556-17

  1. 1  A bill to be entitled
  2. 2  An act relating to medical marijuana; repealing s.
  3. 3  381.986, F.S., relating to the compassionate use of
  4. 4  low-THC and medical cannabis; creating s. 381.99,
  5. 5  F.S.; providing a short title; creating s. 381.991,
  6. 6  F.S.; defining terms; creating s. 381.992, F.S.;
  7. 7  authorizing a qualifying patient or his or her
  8. 8  caregiver to purchase, acquire, and possess up to the
  9. 9  allowed amount of marijuana, medical marijuana
  10. 10  products, and associated paraphernalia for a
  11. 11  qualifying patient’s medical use; authorizing a
  12. 12  medical marijuana treatment center (MMTC), including
  13. 13  its employees and contractors, to perform certain
  14. 14  activities; authorizing certified independent testing
  15. 15  laboratories and their employees or contractors to
  16. 16  receive and process marijuana for the sole purpose of
  17. 17  testing the marijuana for compliance with the act;
  18. 18  specifying that certain provisions do not exempt
  19. 19  persons from the prohibition against driving under the
  20. 20  influence; providing that specified provisions apply
  21. 21  to the smoking of marijuana or medical marijuana
  22. 22  products; authorizing the department to restrict the
  23. 23  smoking of marijuana or such products at certain
  24. 24  facilities; creating s. 381.993, F.S.; providing that
  25. 25  a physician must certify, on a specified form, that a
  26. 26  patient is suffering from a debilitating medical
  27. 27  condition and that the benefits to the patient of
  28. 28  using marijuana outweigh the potential health risks
  29. 29  before a patient may register with the department and
  30. 30  obtain a registry identification card; requiring the
  31. 31  certification to specify the length of time
  32. 32  recommended for the use of marijuana or a medical

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     24-00556-17                                             2017614__
  1. 33  marijuana product; specifying that the allowable
  2. 34  amount for any patient may not exceed a maximum
  3. 35  determined by department rule; authorizing physicians
  4. 36  to submit the physician certification form
  5. 37  electronically through the department’s website or by
  6. 38  mail; providing criteria for the certification of
  7. 39  patients by physicians; requiring patients who wish to
  8. 40  use marijuana or medical marijuana products to
  9. 41  register with the department; providing requirements
  10. 42  for registration; authorizing adult qualifying
  11. 43  patients to authorize caregivers; requiring the
  12. 44  consent of a parent or legal guardian for minor
  13. 45  patients; providing requirements for caregivers;
  14. 46  prohibiting caregivers from registering to assist more
  15. 47  than one patient at any given time unless specified
  16. 48  circumstances are met; requiring the department to
  17. 49  designate the parent or legal guardian of a qualifying
  18. 50  minor patient as the patient’s caregiver; prohibiting
  19. 51  qualifying minor patients from purchasing or acquiring
  20. 52  marijuana and medical marijuana products; requiring
  21. 53  the department to notify the qualifying patient that
  22. 54  the caregiver’s application for registration is
  23. 55  disallowed; specifying the responsibilities of the
  24. 56  department; requiring the department to create a
  25. 57  patient and caregiver registration form and a
  26. 58  physician certification form and make those forms
  27. 59  available to the public by a specified date; requiring
  28. 60  the registration form to allow the patient to include
  29. 61  specified information; requiring the department to

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     24-00556-17                                             2017614__
  1. 62  create and make available to the public a specified
  2. 63  caregiver training course by a specified date;
  3. 64  requiring the department to enter the information for
  4. 65  the qualifying patient or his or her caregiver into
  5. 66  the medical marijuana patient registry and to issue a
  6. 67  medical marijuana patient registry identification card
  7. 68  to the patient and the caregiver after the receipt of
  8. 69  specified documents; requiring that medical marijuana
  9. 70  registry identification cards be resistant to
  10. 71  counterfeiting and include specified information;
  11. 72  providing that patient and caregiver registration and
  12. 73  medical marijuana patient registry identification
  13. 74  cards expire 1 year after the date of issuance;
  14. 75  requiring a qualifying patient to submit proof of
  15. 76  continued Florida residency and a physician to certify
  16. 77  specified information in order to renew a registration
  17. 78  or medical marijuana patient registry identification
  18. 79  card; providing for the disqualification of patients
  19. 80  and caregivers; requiring the department to notify
  20. 81  specified persons of a change in registration status
  21. 82  in specified circumstances; requiring the department
  22. 83  to give notice within a specified timeframe to the
  23. 84  qualifying patient and the caregiver before removing
  24. 85  the patient or caregiver from the medical marijuana
  25. 86  patient registry; requiring the qualifying patient or
  26. 87  caregiver to return specified items within a specified
  27. 88  timeframe after receiving the notification; requiring
  28. 89  a retail facility to notify the department upon the
  29. 90  receipt of such items; authorizing the retail facility

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      24-00556-17                                             2017614__
  1. 91  to notify the department electronically; requiring the
  2. 92  personal representative of a patient or a caregiver to
  3. 93  return the identification card of the patient or
  4. 94  caregiver to the retail facility after his or her
  5. 95  death; requiring the retail facility to update the
  6. 96  medical marijuana patient registry and notify the
  7. 97  department after the return of the identification
  8. 98  cards; authorizing the retail facility to notify the
  9. 99  department electronically; requiring the department,
  10. 100  on a quarterly basis, to compare all qualifying
  11. 101  patients and caregivers in the medical marijuana
  12. 102  patient registry with the records of deaths on file on
  13. 103  the electronic death registration system and to adjust
  14. 104  the file of the patient or caregiver accordingly
  15. 105  within a certain timeframe; requiring the department
  16. 106  to notify law enforcement of the expired or cancelled
  17. 107  identification card in certain circumstances;
  18. 108  authorizing the department to adopt rules to implement
  19. 109  a process for MMTCs to accept and dispose of returned
  20. 110  marijuana or medical marijuana products and registry
  21. 111  identification cards; creating s. 381.994, F.S.;
  22. 112  requiring that the department create a secure, online,
  23. 113  electronic medical marijuana patient registry
  24. 114  containing a file containing specified information for
  25. 115  each qualifying patient, caregiver, and certifying
  26. 116  physician; requiring that the medical marijuana
  27. 117  patient registry meet specified criteria; creating s.
  28. 118  381.995, F.S.; requiring the department to establish
  29. 119  operating standards for the cultivation, processing,

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      24-00556-17                                             2017614__
  1. 120  packaging, and labeling of marijuana and procedures
  2. 121  and requirements for the registration of MMTCs by a
  3. 122  specified date; providing for the registration of
  4. 123  MMTCs and certain of their principles, employees and
  5. 124  contractors; requiring the department to charge
  6. 125  registration fees that may not exceed specified
  7. 126  amounts; requiring the department to develop a
  8. 127  registration form for MMTCs which must require the
  9. 128  applicant to provide specified information; requiring
  10. 129  the department to begin registering MMTCs by a
  11. 130  specified date; requiring MMTCs to provide specified
  12. 131  documentation and to pay a performance and compliance
  13. 132  bond in a specified amount, which is subject to
  14. 133  forfeiture; prohibiting registration from taking place
  15. 134  until all principals, employees, and contractors who
  16. 135  will participate in the operations of the MMTC have
  17. 136  registered with the department and have been issued
  18. 137  identification cards; providing a 2-year registration
  19. 138  period and requiring that renewals comply with a
  20. 139  process established by department rule; requiring
  21. 140  MMTCs to obtain certain licenses before engaging in
  22. 141  certain activities; authorizing the department to
  23. 142  charge application and license fees for cultivation
  24. 143  licenses; specifying fees for specified licenses and
  25. 144  facility permits; requiring the department to begin
  26. 145  issuing cultivation and processing licenses by a
  27. 146  specified date; authorizing MMTCs to apply for
  28. 147  cultivation and processing licenses; providing
  29. 148  application requirements; providing for expiration and

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      24-00556-17                                             2017614__
  1. 149  renewal of licenses; requiring licensees to obtain an
  2. 150  operating permit from the department for each facility
  3. 151  before beginning cultivation and processing; requiring
  4. 152  the department to inspect facilities for which
  5. 153  operating permits are sought; requiring the department
  6. 154  to approve or disapprove applications within a
  7. 155  specified timeframe; prohibiting facilities from
  8. 156  certain operations if their permit has expired;
  9. 157  requiring cultivation and processing facilities
  10. 158  secure, closed to the public, and not within a
  11. 159  specified proximity to specified schools, child
  12. 160  facilities, or specified licensed service providers;
  13. 161  authorizing the department to establish rules
  14. 162  providing additional security and zoning requirements;
  15. 163  providing that licensees may use contractors to assist
  16. 164  in the cultivation and processing of marijuana, but
  17. 165  holding licensees responsible for their actions;
  18. 166  requiring principals and employees of contractors who
  19. 167  participate in the operations of the licensee to be
  20. 168  registered with the department and to have MMTC
  21. 169  employee identification cards; requiring cultivation
  22. 170  and processing licensees to destroy certain marijuana
  23. 171  byproducts within a specified timeframe; requiring
  24. 172  MMTCs that transport or deliver marijuana outside of
  25. 173  the property owned by the licensee to hold a
  26. 174  transportation license; requiring the department to
  27. 175  begin issuing retail licenses by a specified date;
  28. 176  providing requirements for application; providing for
  29. 177  the expiration and renewal of licenses; requiring

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to be care

Florida Senate – 2017 SB 614

      24-00556-17                                             2017614__
  1. 178  licensees to obtain an operating permit from the
  2. 179  department for each dispensing facility before
  3. 180  dispensing or storing marijuana or medical marijuana
  4. 181  products; providing a permitting process; requiring
  5. 182  the department to act on permit applications within a
  6. 183  certain timeframe; requiring an MMTC that holds a
  7. 184  retail license to have a separate operating permit for
  8. 185  each retail facility it operates; prohibiting the
  9. 186  department from granting an operating permit if a
  10. 187  proposed retail facility is located on the same
  11. 188  property as a cultivation or processing facility or if
  12. 189  it is located proximate to specified schools or
  13. 190  facilities; restricting the number of available retail
  14. 191  licenses in a county based on population; authorizing
  15. 192  a governing body of a county or municipality to refuse
  16. 193  to allow a retail facility within its jurisdiction;
  17. 194  prohibiting the department from licensing a retail
  18. 195  facility in a county or municipality that has
  19. 196  prohibited retail facilities by ordinance; authorizing
  20. 197  a county or municipality to levy a local business tax
  21. 198  on a retail facility; authorizing the department to
  22. 199  employ a lottery system for the issuance of permits in
  23. 200  certain circumstances; limiting the number of
  24. 201  operating permits that may be issued to a single MMTC
  25. 202  in those circumstances; providing for the expiration
  26. 203  and renewal of operating permits; providing
  27. 204  requirements for retail licensees and their employees
  28. 205  in the dispensing of marijuana to qualifying patients
  29. 206  and their caregivers; prohibiting a retail facility

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SB 614

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  1. 207  from repackaging
  2. 208  product that has
  3. 209  cultivation or processing licensee; authorizing retail
  4. 210  licensees to contract with certain MMTCs to transport
  5. 211  marijuana and medical marijuana products between
  6. 212  properties owned by the retail licensee and to make
  7. 213  deliveries to and pick up returns from the residences
  8. 214  of qualifying patients; prohibiting onsite consumption
  9. 215  of marijuana or medical marijuana products at retail
  10. 216  facilities; requiring the department to adopt rules
  11. 217  governing the issuance of transportation licenses to
  12. 218  MMTCs and the permitting of vehicles; authorizing
  13. 219  MMTCs to apply for retail licenses and providing
  14. 220  application requirements; prohibiting the
  15. 221  transportation of marijuana or medical marijuana
  16. 222  products on the property of an airport, seaport, or
  17. 223  spaceport; authorizing a transportation licensee to
  18. 224  transport marijuana or medical marijuana products in
  19. 225  specified permitted vehicles; specifying the fee for
  20. 226  vehicle permits; providing requirements for the
  21. 227  designation of drivers and requiring that designations
  22. 228  be displayed in a vehicle at all times; providing for
  23. 229  expiration of the permit in certain circumstances;
  24. 230  requiring the department to cancel a vehicle permit
  25. 231  upon the request of specified persons; providing that
  26. 232  the licensee authorizes the inspection and search of
  27. 233  his or her vehicle by certain persons without a search
  28. 234  warrant for purposes of determining compliance with
  29. 235  the act; authorizing certain MMTCs to deliver or

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been packaged for retail sale by a
or modifying a medical marijuana

Florida Senate – 2017 SB 614

      24-00556-17                                             2017614__
  1. 236  contract for the delivery of marijuana and medical
  2. 237  marijuana products to qualifying patients and their
  3. 238  caregivers; providing requirements for and
  4. 239  restrictions on such delivery; prohibiting a county or
  5. 240  municipality from prohibiting deliveries; requiring
  6. 241  the department to adopt rules governing the delivery
  7. 242  of marijuana and medical marijuana products to
  8. 243  qualifying patients and their caregivers; authorizing
  9. 244  licensees to use contractors to assist with the
  10. 245  transportation of marijuana or medical marijuana
  11. 246  products; providing requirements for such
  12. 247  transportation; requiring that principals and
  13. 248  employees of contractors contracted by a licensee be
  14. 249  registered with the department and issued an employee
  15. 250  identification card; prohibiting MMTCs from
  16. 251  advertising marijuana or medical marijuana products;
  17. 252  defining the term “advertise”; providing that
  18. 253  inspections of MMTC facilities are preempted to the
  19. 254  state and may be conducted by the department;
  20. 255  requiring the department to inspect and license
  21. 256  specified facilities of MMTCs before those facilities
  22. 257  begin operations; requiring the department to conduct
  23. 258  such inspection at least once every 2 years;
  24. 259  authorizing the department to conduct additional or
  25. 260  unannounced inspections at reasonable hours;
  26. 261  authorizing the department to test marijuana or
  27. 262  medical marijuana products to ensure that they meet
  28. 263  the standards established by the department;
  29. 264  authorizing the department, through an interagency

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      24-00556-17                                             2017614__
  1. 265  agreement, to perform joint inspections of such
  2. 266  facilities; requiring the department to adopt rules by
  3. 267  a specified date governing access to licensed
  4. 268  facilities which impose specified requirements on
  5. 269  limited access areas, restricted access areas, and
  6. 270  general access areas at all licensed facilities;
  7. 271  authorizing the department to adopt rules governing
  8. 272  visitor access; requiring the department to adopt
  9. 273  rules governing the registration of MMTC principals,
  10. 274  employees and contractors; authorizing the department
  11. 275  to charge a reasonable fee for MMTC employee
  12. 276  identification cards; requiring that MMTCs submit an
  13. 277  application for the registration of a person they
  14. 278  intend to hire or contract with in certain
  15. 279  circumstances; requiring the department to adopt by
  16. 280  rule a form for submitting an employee registration;
  17. 281  specifying the information that must be provided by
  18. 282  applicants; requiring the department to register
  19. 283  certain persons and to issue them MMTC employee
  20. 284  identification cards that meet certain requirements;
  21. 285  requiring MMTCs to notify the department of any
  22. 286  changes in status of such employees or contactors
  23. 287  within a specified timeframe; providing that MMTCs are
  24. 288  responsible for knowing and complying with specified
  25. 289  laws and rules; requiring that the licensed premises
  26. 290  comply with security and surveillance requirements
  27. 291  established by the department by rule before the
  28. 292  licensee can undertake specified actions; requiring
  29. 293  that specified areas of the licensed facility be

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      24-00556-17                                             2017614__
  1. 294  clearly identified as such by signage approved by the
  2. 295  department; requiring that a licensee possess and
  3. 296  maintain possession of the premises for which the
  4. 297  license is issued; requiring a licensee to keep a
  5. 298  complete set of all records necessary to show fully
  6. 299  the business transactions of the licensee for
  7. 300  specified tax years; requiring a licensee to establish
  8. 301  an inventory tracking system that is approved by the
  9. 302  department; requiring that marijuana or medical
  10. 303  marijuana products meet the labeling and packaging
  11. 304  requirements established by department rule; requiring
  12. 305  the department to adopt by rule a schedule of
  13. 306  violations in order to impose fines not to exceed a
  14. 307  specified amount per violation; requiring the
  15. 308  department to consider specified factors in
  16. 309  determining the amount of the fine to be levied;
  17. 310  authorizing the department to suspend, revoke, deny,
  18. 311  or refuse to renew a license of an MMTC or impose a
  19. 312  specified administrative penalty for specified acts
  20. 313  and omissions; requiring the department to maintain a
  21. 314  publicly available, easily accessible list on its
  22. 315  website of all permitted retail facilities; providing
  23. 316  for the grandfathering of MMTCs that meet specified
  24. 317  requirements by a specified date; requiring the
  25. 318  department to issue specified licenses and permits;
  26. 319  creating s. 381.9951, F.S.; providing that the sale of
  27. 320  marijuana and medical marijuana products is subject to
  28. 321  the sales tax under ch. 212, F.S.; requiring the
  29. 322  Department of Revenue to deposit, in the same month as

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Florida Senate – 2017

SB 614

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  1. 323  the Department of Revenue collects such taxes, all
  2. 324  proceeds of sales taxes collected on the sale of
  3. 325  marijuana and medical marijuana products into the
  4. 326  Education and General Student and Other Fees Trust
  5. 327  Fund; specifying the use of such funds; creating s.
  6. 328  381.996, F.S.; providing requirements for marijuana
  7. 329  testing and labeling; requiring the Department of
  8. 330  Health to adopt by rule a certification process and
  9. 331  testing standards for independent testing
  10. 332  laboratories; requiring the Department of Agriculture
  11. 333  and Consumer Services to provide resources to the
  12. 334  department; prohibiting cultivation licensees and
  13. 335  processing licensees from distributing or selling
  14. 336  marijuana or medical marijuana products to retail
  15. 337  licensees unless specified conditions are met;
  16. 338  providing that independent laboratories are not
  17. 339  required to be registered as MMTCs or to hold
  18. 340  transportation licenses to transport or receive
  19. 341  marijuana or medical marijuana products for testing
  20. 342  purposes; requiring independent testing laboratories
  21. 343  to conduct specified testing and to report specified
  22. 344  findings to the department; requiring that such
  23. 345  findings include specified information; requiring the
  24. 346  department to establish by rule a comprehensive
  25. 347  tracking and labeling system for marijuana plants and
  26. 348  products; authorizing the department to adopt rules
  27. 349  that establish qualifications for private entities
  28. 350  that provide product tracking services and to
  29. 351  establish a preferred vendor list; requiring that

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      24-00556-17                                             2017614__
  1. 352  medical marijuana and medical marijuana products that
  2. 353  meet testing standards be packaged in a specified
  3. 354  manner; providing an exception; requiring a retail
  4. 355  licensee to affix an additional label to each medical
  5. 356  marijuana product which includes specified
  6. 357  information; requiring the department to establish
  7. 358  specified standards for quality, testing procedures,
  8. 359  and maximum levels of unsafe contaminants by a
  9. 360  specified date; requiring the department to create a
  10. 361  list of individual cannabinoids for which marijuana
  11. 362  and medical marijuana products must be tested;
  12. 363  creating s. 381.997, F.S.; providing penalties for
  13. 364  specified violations; creating s. 381.998, F.S.;
  14. 365  providing that this act does not require specified
  15. 366  insurance providers or a health care services plan to
  16. 367  cover a claim for reimbursement for the purchase of
  17. 368  medical marijuana; providing that the act does not
  18. 369  restrict such coverage; creating s. 381.9981, F.S.;
  19. 370  authorizing the department to adopt rules to implement
  20. 371  this act; amending ss. 385.211, 499.0295, 893.02, and
  21. 372  1004.441, F.S.; conforming provisions to changes made
  22. 373  by the act; authorizing the University of Florida, in
  23. 374  consultation with a veterinary research organization,
  24. 375  to conduct specified research for treatment of animals
  25. 376  with seizure disorders or other life-limiting
  26. 377  illnesses; prohibiting the use of state funds for such
  27. 378  research; providing for severability; providing
  28. 379  effective dates.

380

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  24-00556-17                                             2017614__
  Be It Enacted by the Legislature of the State of Florida:
       Section 1. Section 381.986, Florida Statutes, is repealed.
       Section 2. Section 381.99, Florida Statutes, is created to
  read:
       381.99 Short title.—Sections 381.99-381.9981 may be cited
  as the “Florida Medical Marijuana Act.”
       Section 3. Section 381.991, Florida Statutes, is created to
  read:
       381.991 Definitions.—As used in ss. 381.99-381.9981, the
  term:
       (1) “Allowed amount of marijuana” means the amount of
  marijuana, or the equivalent amount of marijuana products, which
  a physician determines is necessary to treat a qualifying
  patient’s debilitating medical condition for 90 days.
       (2) “Batch” means a specifically identified quantity of
  marijuana or medical marijuana product that is uniform in
  strain; cultivated using the same herbicides, pesticides, and
  fungicides; and harvested from or produced at the same time at a
  single permitted facility.
       (3) “Caregiver” has the same meaning as provided in s. 29,
  Art. X, of the State Constitution.
       (4) “Cultivation” means the growth and harvesting of
  marijuana.
       (5) “Cultivation license” means a license issued to a
  medical marijuana treatment center (MMTC) which grants authority
  to the MMTC to cultivate marijuana.
       (6) “Debilitating medical condition” means cancer,
  epilepsy, glaucoma, positive status for human immunodeficiency

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      24-00556-17                                             2017614__
  1. 410  virus (HIV), acquired immune deficiency syndrome (AIDS), post-
  2. 411  traumatic stress disorder (PTSD), amyotrophic lateral sclerosis
  3. 412  (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis,
  4. 413  paraplegia, quadriplegia, a terminal condition, or other
  5. 414  debilitating medical conditions of the same kind or class as, or
  6. 415  comparable to, those enumerated and for which a physician
  7. 416  believes that the medical use of marijuana would likely outweigh
  8. 417  the potential health risks of that use to a patient.
  9. 418  (7) “Department” means the Department of Health.
  10. 419  (8) “Dispense” means the transfer or sale of marijuana from
  11. 420  an MMTC to a qualifying patient or to the qualifying patient’s
  12. 421  caregiver and may include the delivery of such marijuana
  13. 422  transferred or sold.
  14. 423  (9) “Independent testing laboratory” means a laboratory,
  15. 424  and the managers, employees, and contractors of the laboratory,
  16. 425  which does not have a direct or indirect interest in, and is not
  17. 426  owned by or affiliated with, an MMTC.
  18. 427  (10) “Marijuana” has the same meaning as provided in s. 29,
  19. 428  Art. X of the State Constitution but is limited to that intended
  20. 429  for medical use.
  21. 430  (11) “Medical marijuana patient registry” means an online
  22. 431  electronic registry created and maintained by the department to
  23. 432  store identifying information for all qualifying patients,
  24. 433  caregivers, and physicians who submit physician certification
  25. 434  forms to the department.
  26. 435  (12) “Medical marijuana patient registry identification
  27. 436  card” means a card issued by the department to qualifying
  28. 437  patients and caregivers.
  29. 438  (13) “Medical marijuana product” means a product derived

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  24-00556-17                                             2017614__
  from marijuana, including, but not limited to, an oil, tincture,
  cream, encapsulation, or food product containing marijuana or
  any part of the marijuana plant, which is intended for medical
  use.
       (14) “Medical marijuana treatment center” or “MMTC” has the
  same meaning as provided in s. 29, Art. X of the State
  Constitution.
       (15) “Medical use” has the same meaning as provided in s.
  29, Art. X of the State Constitution.
       (16) “Minor” means a person who is younger than 18 years of
  age.
       (17) “Physician” means a physician who is licensed under
  chapter 458 or chapter 459 and who meets the requirements of s.
  381.993.
       (18) “Principal” means an officer, a director, a billing
  agent, or a managing employee of an MMTC, or a person or
  shareholder who has an ownership interest equal to 5 percent or
  more of an MMTC.
       (19) “Process or processing” means the conversion of
  marijuana into medical marijuana products for a qualifying
  patient’s use.
       (20) “Processing license” means a license issued by the
  department to an MMTC which grants the MMTC the authority to
  process marijuana.
       (21) “Qualifying patient” has the same meaning as provided
  in s. 29, Art. X of the State Constitution.
       (22) “Retail license” means a license issued by the
  department to an MMTC which authorizes the MMTC to dispense
  marijuana and medical marijuana products and to sell related

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  24-00556-17                                             2017614__
  paraphernalia to qualifying patients and caregivers.
       (23) “Transportation license” means a license issued by the
  department to an MMTC which authorizes the MMTC to transport
  marijuana and medical marijuana products.
       Section 4. Section 381.992, Florida Statutes, is created to
  read:
       381.992 Medical marijuana.—
       (1) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  any other law, but subject to the requirements in ss. 381.99-
  381.9981, a qualifying patient, or his or her caregiver, may
  purchase or acquire from an MMTC and possess up to the allowed
  amount of marijuana, medical marijuana products, and associated
  paraphernalia for the qualifying patient’s medical use.
       (2) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  any other law, but subject to the requirements in ss. 381.99-
  381.9981, an MMTC, including its employees and contractors, may
  acquire, cultivate, possess, process, transfer, transport, sell,
  distribute, dispense, or administer marijuana. MMTCs may:
       (a) Cultivate marijuana only at a cultivation facility;
       (b) Process marijuana only at a processing facility;
       (c) Sell and distribute marijuana and medical marijuana
  products only to other MMTCs;
       (d) Purchase or acquire marijuana and medical marijuana
  products only from other MMTCs or qualifying patients,
  caregivers, or personal representatives who are returning unused
  marijuana or medical marijuana products;
       (e) Dispense or administer marijuana, medical marijuana
  products, or associated paraphernalia only to qualifying
  patients and caregivers and only from a permitted facility

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  24-00556-17                                             2017614__
  operated by an MMTC holding a retail license;
       (f) Deliver marijuana and medical marijuana products to
  qualifying patients and caregivers; and
       (g) Transport marijuana, medical marijuana products, and
  associated paraphernalia as necessary for the proper conduct of
  its business in accordance with the requirements of ss. 381.99-
  381.9981.
       (3) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  any other law, but subject to the requirements in ss. 381.99-
  381.9981, an independent testing laboratory, including its
  employees and contractors, may receive and possess marijuana for
  the sole purpose of testing the marijuana for compliance with
  ss. 381.99-381.9981.
       (4) This section does not authorize:
       (a) The cultivation of marijuana by any person or entity
  other than an MMTC holding a cultivation license.
       (b) The acquisition or purchase of marijuana or medical
  marijuana products by a qualifying patient or caregiver from any
  person or entity other than an MMTC holding a retail license.
       (c) The use of marijuana or medical marijuana products by
  anyone other than the qualifying patient for whom the marijuana
  was certified.
       (d) The dispensing or administration of marijuana or
  medical marijuana products to anyone other than a qualifying
  patient or caregiver.
       (e) The transfer of marijuana or medical marijuana products
  by a qualifying patient or caregiver to any entity except for
  the purpose of returning unused marijuana or medical marijuana
  products to an MMTC.

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     (f) The use or
marijuana products:
     1. On any form
     2. In a public
                                    2017614__
administration of marijuana or medical
of public transportation;

Florida Senate – 2017 SB 614

               place, as defined in s. 877.21; or
3. In a qualifying patient’s place of work, if restricted
  by his or her employer.
       (g) The possession, use, or administration of marijuana or
  medical marijuana products:
       1. In a correctional facility.
       2. On the grounds of a preschool, primary school, or
  secondary school, unless authorized by the superintendent.
       3. On a school bus.
       (5) This section does not exempt any person from the
  prohibition against driving under the influence as provided
  under s. 316.193.
       (6) Except for s. 386.2045, part II of chapter 386 applies
  to the smoking of marijuana or medical marijuana products. The
  department may by rule restrict the smoking of marijuana or
  medical marijuana products in any facility licensed by this
  state that provides care or services to children or frail or
  elderly adults.
       Section 5. Section 381.993, Florida Statutes, is created to
  read:
       381.993 Physician certification; patient and caregiver
  registration; medical marijuana patient registry identification
  cards; issuance and renewal of physician certification.—
       (1) PHYSICIAN CERTIFICATION.—Before a patient may register
  with the department and obtain a medical marijuana patient
  registry identification card, the patient must be certified by a

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Florida Senate – 2017 SB 614

      24-00556-17                                             2017614__
  1. 555  physician using a physician certification form provided by the
  2. 556  department to be suffering from a debilitating medical
  3. 557  condition. The physician must also certify that the benefits to
  4. 558  the patient of the medical use of marijuana would likely
  5. 559  outweigh the potential health risks. The physician certification
  6. 560  must specify the length of time for which the physician
  7. 561  recommends that the patient use marijuana and the allowed amount
  8. 562  of marijuana or medical marijuana products necessary to treat
  9. 563  the patient’s condition or symptom as determined by rule adopted
  10. 564  by the department. If the certifying physician determines that
  11. 565  the allowed amount of marijuana, or the equivalent amount of
  12. 566  medical marijuana products, allowed under department rule is
  13. 567  insufficient to treat the patient’s condition or symptom, the
  14. 568  physician certification must state the allowed amount of
  15. 569  marijuana or medical marijuana products recommended by the
  16. 570  certifying physician. A certifying physician must submit the
  17. 571  physician certification form to the department by United States
  18. 572  mail or electronically, through the department’s website.
  19. 573  (a) A physician may certify a patient to the department as
  20. 574  a patient if:
  21. 575  1. The patient is a resident of this state;
  22. 576  2. The physician, in his or her good faith medical
  23. 577  judgment, certifies that the patient suffers from one or more
  24. 578  debilitating medical conditions;
  25. 579  3. The physician does not have a financial interest in an
  26. 580  MMTC or in an independent testing laboratory that conducts tests
  27. 581  of marijuana or medical marijuana products; and
  28. 582  4. The physician has successfully completed an 8-hour
  29. 583  course and subsequent examination offered by the Florida Medical

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      24-00556-17                                             2017614__
  1. 584  Association or the Florida Osteopathic Medical Association, as
  2. 585  appropriate, which encompasses clinical indications for the
  3. 586  appropriate medical use of marijuana, appropriate delivery
  4. 587  mechanisms, contraindications of the medical use of marijuana,
  5. 588  and relevant state and federal laws governing the ordering,
  6. 589  dispensing, and possession of marijuana. The appropriate boards
  7. 590  shall offer the course and examination at least annually.
  8. 591  Successful completion of the course may be used by the physician
  9. 592  to satisfy 8 hours of the continuing medical education
  10. 593  requirements imposed by his or her respective board for
  11. 594  licensure renewal. The course may be offered in a distance
  12. 595  learning format.
  13. 596  (b) If the patient subject to the certification is a minor,
  14. 597  the patient’s parent or legal guardian must also provide to the
  15. 598  physician written consent for the patient’s treatment with
  16. 599  marijuana before the physician may submit the physician
  17. 600  certification form to the department.
  18. 601  (c) Unless the certifying physician certifies a patient to
  19. 602  use marijuana for less than 1 year, the patient’s physician
  20. 603  certification expires when the patient’s medical marijuana
  21. 604  patient registry identification card expires.
  22. 605  (2) PATIENT AND CAREGIVER REGISTRATION.—A patient must
  23. 606  register with the department and be issued a medical marijuana
  24. 607  patient registry identification card before acquiring or using
  25. 608  marijuana or medical marijuana products.
  26. 609  (a) To register, a patient must submit the following to the
  27. 610  department:
  28. 611  1. A completed patient and caregiver registration form,
  29. 612  provided by the department. If the patient is a minor, a parent

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      24-00556-17                                             2017614__
  1. 613  or legal guardian of the minor must provide his or her written
  2. 614  consent on the patient and caregiver registration form for the
  3. 615  minor patient’s use of marijuana or medical marijuana products.
  4. 616  Without the written consent of a parent or legal guardian, a
  5. 617  minor patient may not be registered and may not obtain a medical
  6. 618  marijuana patient registry identification card; and
  7. 619  2. Separate passport-type, color photographs, taken within
  8. 620  90 days before submission to the department, of the patient and
  9. 621  of each of the patient’s caregivers, if any.
  10. 622  (b) An adult qualifying patient may, at his or her initial
  11. 623  registration or at any time while a qualifying patient,
  12. 624  designate a caregiver. The adult qualifying patient may also
  13. 625  designate up to two additional caregivers to assist him or her
  14. 626  with the medical use of marijuana, who may be selected from
  15. 627  among the patient’s spouse, parents, legal guardians, adult
  16. 628  children, siblings, or the employees of the assisted living
  17. 629  facility or other health care facility where the qualifying
  18. 630  patient resides. A caregiver must meet the following
  19. 631  requirements:
  20. 632  1. Be at least 21 years of age;
  21. 633  2. Complete a 2-hour medical marijuana caregiver training
  22. 634  course offered by the department; and
  23. 635  3. Have passed a level 2 background screening pursuant to
  24. 636  chapter 435 within the previous year. The following persons are
  25. 637  exempt from this subparagraph:
  26. 638  a. The qualifying patient’s spouse, parents, legal
  27. 639  guardian, adult children, or siblings; and
  28. 640  b. A health care worker who is subject to the requirements
  29. 641  in s. 408.809 who is caring only for the qualifying patient and

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      24-00556-17                                             2017614__
  1. 642  other patients who reside in the same assisted living facility,
  2. 643  nursing home, or other such facility and is an employee of that
  3. 644  facility.
  4. 645  (c) A caregiver may not assist more than one qualifying
  5. 646  patient at any given time unless all of his or her qualifying
  6. 647  patients:
  7. 648  1. Are the parents, legal guardians, or adult children of
  8. 649  the caregiver or are siblings having a common parent or legal
  9. 650  guardian with each other and the caregiver. This exception also
  10. 651  applies to an adult for whom the caregiver is a legal guardian;
  11. 652  2. Are first-degree relatives of each other who share a
  12. 653  common residence; or
  13. 654  3. Reside in the same assisted living facility, nursing
  14. 655  home, or other such facility and the caregiver is an employee of
  15. 656  that facility.
  16. 657  (d) When registering a minor patient, the department shall
  17. 658  designate the parent or legal guardian who provided his or her
  18. 659  written consent on the patient and caregiver registration form
  19. 660  as the minor patient’s caregiver, unless the department
  20. 661  determines that person to be unqualified, unavailable, or
  21. 662  unwilling to be the caregiver. In that instance, the department
  22. 663  shall designate another parent or legal guardian of the minor
  23. 664  patient as his or her caregiver. A minor patient may not
  24. 665  purchase or acquire marijuana or medical marijuana products. The
  25. 666  caregiver of a minor patient is responsible for all marijuana
  26. 667  and medical marijuana products purchased, acquired, or possessed
  27. 668  for the minor patient.
  28. 669  (e) If the department determines that, for any reason, a
  29. 670  caregiver designated by a qualifying patient may not assist that

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      24-00556-17                                             2017614__
  1. 671  qualifying patient, the department must notify the qualifying
  2. 672  patient that the caregiver’s registration is disallowed.
  3. 673  (3) DEPARTMENT RESPONSIBILITIES.—
  4. 674  (a) By September 1, 2017, the department shall create:
  5. 675  1. A physician certification form and a patient and
  6. 676  caregiver registration form and make the forms available to the
  7. 677  public. The forms must contain space and fields sufficient to
  8. 678  allow the submission of the information required to be included
  9. 679  in the file of a qualifying patient and the files of the
  10. 680  qualifying patient’s caregiver and certifying physicians
  11. 681  maintained in the medical marijuana patient registry pursuant to
  12. 682  s. 381.994(1). In addition, the patient and caregiver
  13. 683  registration form must require the parent or legal guardian of a
  14. 684  minor patient to provide written consent for the minor patient
  15. 685  to use marijuana or medical marijuana products; and
  16. 686  2. A 2-hour medical marijuana caregiver training course.
  17. 687  The course must be available online and for the public to attend
  18. 688  at permitted facilities operated by an MMTC holding a retail
  19. 689  license. The training course must include, at a minimum, routes
  20. 690  of administration, details on possible side effects of and
  21. 691  adverse reactions to marijuana and medical marijuana products,
  22. 692  and patient and caregiver restrictions and responsibilities
  23. 693  under this act and department rule.
  24. 694  (b) Beginning as soon as practicable, but not later than
  25. 695  October 3, 2017, the department shall, within 14 days after a
  26. 696  patient submits the documentation required in paragraph (2)(a)
  27. 697  to register with the department and a physician submits a
  28. 698  physician certification form for that patient to the department:
  29. 699  1. Register the qualifying patient, his or her caregiver,

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24-00556-17                                             2017614__
and the certifying physician in the medical marijuana patient
registry and enter the information required under s. 381.994(1)
in the patient’s, caregiver’s, and certifying physician’s
registry files. The department shall enter the allowed amount of
marijuana recommended by the qualifying patient’s physician and
the length of time for which the physician recommends the
patient medically use marijuana, as recorded on the physician
certification form; and
     2. Issue medical marijuana patient registry identification
cards to the qualifying patient and, if applicable, to the
qualifying patient’s caregiver.
     (c) A medical marijuana patient registry identification
card issued to a qualifying patient must be resistant to

Florida Senate – 2017 SB 614

counterfeiting and must include,
following information:
     1. The qualifying patient’s
     2. The qualifying patient’s
required under paragraph (2)(a);
but need not be limited to, the
full legal name;
photograph, submitted as
       3. A randomly assigned identification number;
       4. The qualifying patient’s allowed amount of marijuana;
       5. If applicable, the full legal name and corresponding
  medical marijuana patient registry identification card number
  for each of the qualifying patient’s caregivers, if any; and
       6. The expiration date of the card.
       (d) A medical marijuana patient registry identification
  card issued to a caregiver must be resistant to counterfeiting
  and must include, but need not be limited to, the following
  information:
       1. The caregiver’s full legal name;

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      24-00556-17                                             2017614__
  1. 729  2. The caregiver’s photograph, submitted as required under
  2. 730  paragraph (2)(a);
  3. 731  3. A randomly assigned identification number;
  4. 732  4. The expiration date of the card; and
  5. 733  5. If the caregiver is assisting three or fewer qualifying
  6. 734  patients, the full legal name, medical marijuana patient
  7. 735  registry identification card number, and the allowed amount of
  8. 736  marijuana for each of the caregiver’s qualifying patients; or
  9. 737  6. If the caregiver is assisting four or more qualifying
  10. 738  patients, a statement that the caregiver is assisting multiple
  11. 739  patients.
  12. 740  (e) A person who is a caregiver for more than one
  13. 741  qualifying patient must have a separate medical marijuana
  14. 742  patient registry identification card linked to each qualifying
  15. 743  patient for whom he or she is a caregiver.
  16. 744  (4) EXPIRATION AND RENEWAL OF PATIENT AND CAREGIVER
  17. 745  REGISTRATION AND REGISTRY IDENTIFICATION CARDS.— Unless the
  18. 746  certifying physician certifies a patient to use marijuana for
  19. 747  less than 1 year, a qualifying patient’s, and, if applicable,
  20. 748  his or her caregiver’s registration with the department under
  21. 749  subsection (2) and their medical marijuana patient registry
  22. 750  identification cards expire 1 year after the date the qualifying
  23. 751  patient’s medical marijuana patient registry identification card
  24. 752  is issued under subparagraph (3)(b)2. In order to renew the
  25. 753  registration and the medical marijuana patient registry
  26. 754  identification cards of the qualifying patient and his or her
  27. 755  caregiver, the qualifying patient must submit proof of continued
  28. 756  residency in this state; if the qualifying patient is a minor, a
  29. 757  parent or legal guardian of the qualifying patient must indicate

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  24-00556-17                                             2017614__
  in writing his or her continued consent for the qualifying minor
  patient’s treatment with marijuana; and a physician must certify
  to the department:
       (a) That he or she has examined the patient during the
  course of the patient’s treatment with marijuana;
       (b) That the patient suffers from a debilitating medical
  condition;
       (c) That the medical use of marijuana would likely outweigh
  the potential health risks for the patient;
       (d) The allowed amount of marijuana, if the physician has
  determined a specified amount is necessary to treat the patient;
  and
       (e) The length of time the physician recommends the patient
  medically use marijuana.
       (5) PATIENT AND CAREGIVER DISQUALIFICATION.—
       (a) If the department becomes aware of information that
  would disqualify a qualifying patient or caregiver from being
  registered with the department under this section, the
  department must notify the qualifying patient or caregiver, as
  applicable, of the change in his or her status as follows:
       1. For a qualifying patient, at least 30 days before
  removing the patient from the medical marijuana patient
  registry, the department shall give notice of such action to the
  qualifying patient at the address in the registry. It is the
  patient’s duty to ensure the return of all marijuana and medical
  marijuana products and his or her medical marijuana patient
  registry identification card to a permitted facility operated by
  an MMTC holding a retail license within 30 days after receiving
  the notice. Such retail facility must notify the department

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Florida Senate – 2017 SB 614

      24-00556-17                                             2017614__
  1. 787  within 24 hours after it has received a return of marijuana,
  2. 788  medical marijuana products, or a medical marijuana patient
  3. 789  registry identification card. The retail facility may provide
  4. 790  such notice electronically.
  5. 791  2. For a caregiver, at least 15 days before removing the
  6. 792  caregiver from the medical marijuana patient registry, the
  7. 793  department shall give notice of such action to the caregiver and
  8. 794  the caregiver’s qualifying patient. It is the caregiver’s duty
  9. 795  to ensure the return of his or her medical marijuana patient
  10. 796  registry identification card to a permitted facility operated by
  11. 797  an MMTC holding a retail license within 15 days after receiving
  12. 798  the notice. Such retail facility must notify the department
  13. 799  within 24 hours after it has received such a return. The retail
  14. 800  facility may provide such notice electronically.
  15. 801  (b) If a qualifying patient dies, it is the duty of the
  16. 802  qualifying patient’s caregiver or the qualifying patient’s
  17. 803  personal representative to ensure the return of all marijuana
  18. 804  and medical marijuana products and the qualifying patient’s
  19. 805  medical marijuana patient registry identification card to a
  20. 806  permitted facility operated by an MMTC holding a retail license
  21. 807  within 30 days after the patient’s death. Within 30 days after
  22. 808  the qualifying patient’s death, the qualifying patient’s
  23. 809  caregiver must return his or her medical marijuana patient
  24. 810  registry identification card linked to the deceased patient to
  25. 811  such a retail facility. If a caregiver dies, it is the duty of
  26. 812  the qualifying patient or the caregiver’s next of kin to ensure
  27. 813  the return of the caregiver’s medical marijuana patient registry
  28. 814  identification card to such a retail facility within 30 days
  29. 815  after the caregiver’s death. When receiving the medical

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      24-00556-17                                             2017614__
  1. 816  marijuana patient registry identification card of a deceased
  2. 817  qualifying patient, the caregiver of a deceased patient, or a
  3. 818  deceased caregiver, such retail facility must update the medical
  4. 819  marijuana patient registry to note the death of the deceased and
  5. 820  notify the department of the return of the medical marijuana
  6. 821  patient registry identification cards. The retail facility may
  7. 822  provide such notice electronically.
  8. 823  (c) The department shall, on a quarterly basis, compare all
  9. 824  of the qualifying patients and caregivers in the medical
  10. 825  marijuana patient registry with the records of deaths on file in
  11. 826  its electronic death registration system in order to identify
  12. 827  any qualifying patient or caregiver who is deceased but is not
  13. 828  yet identified as such in the registry. If the department
  14. 829  becomes aware that a qualifying patient or caregiver is
  15. 830  deceased, the department must send notice to the appropriate
  16. 831  party of his or her duties under paragraph (b) and adjust the
  17. 832  qualifying patient’s or caregiver’s file in the medical
  18. 833  marijuana patient registry.
  19. 834  (d) If, after a qualifying patient or caregiver is
  20. 835  disqualified or deceased or a qualifying patient’s or
  21. 836  caregiver’s registration has expired, the department becomes
  22. 837  aware that the qualifying patient’s or caregiver’s medical
  23. 838  marijuana patient registry identification card has not been
  24. 839  returned to a permitted facility operated by an MMTC holding a
  25. 840  retail license, the department must send a second notice to the
  26. 841  qualifying patient or caregiver and notify the local police
  27. 842  department or sheriff’s office of the expired or cancelled
  28. 843  medical marijuana patient registry identification card.
  29. 844  (e) The department may adopt rules as necessary to

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  24-00556-17                                             2017614__
  implement a process for an MMTC holding a retail license to
  accept and dispose of returned marijuana or medical marijuana
  products and patient and caregiver medical marijuana patient
  registry identification cards.
       Section 6. Section 381.994, Florida Statutes, is created to
  read:
       381.994 Medical marijuana patient registry.—
       (1) By July 1, 2017, the department shall create a secure,
  online medical marijuana patient registry that contains a file
  for each qualifying patient and caregiver and for each
  certifying physician.
       (a) The file for a qualifying patient must include, but
  need not be limited to:
       1. The qualifying patient’s full legal name;
       2. The qualifying patient’s photograph, submitted as
  required under s. 381.993(2)(a);
       3. The randomly assigned identification number on the
  qualifying patient’s medical marijuana patient registry
  identification card;
       4. The qualifying patient’s allowed amount of marijuana;
       5. The full legal name and corresponding identification
  number of the medical marijuana patient registry identification
  card of each of the qualifying patient’s caregivers, if any;
       6. The recommended duration for the medical use of
  marijuana as stated on the patient’s physician recommendation;
       7. The expiration date of the qualifying patient’s medical
  marijuana patient registry identification card; and
       8. The date and time that marijuana or medical marijuana
  products are dispensed and the amount of marijuana or medical

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  24-00556-17                                             2017614__
  marijuana products dispensed, for each of the qualifying
  patient’s transactions with an MMTC holding a retail license.
       (b) The file for a caregiver must include, but need not be
  limited to:
       1. The caregiver’s full legal name;
       2. The caregiver’s photograph, submitted as required under
  s. 381.993(2)(a);
       3. The randomly assigned identification number on each of
  the caregiver’s medical marijuana patient registry
  identification cards;
       4. The full legal names and identification numbers on the
  medical marijuana patient registry identification cards of the
  qualifying patients who have designated the caregiver, each
  patient linked to the caregiver’s medical marijuana patient
  registry identification card number for that patient;
       5. The allowed amount of marijuana, as entered in the
  qualifying patient’s file in the medical marijuana patient
  registry, for each qualifying patient to whom the caregiver’s
  cards are linked;
       6. The expiration dates of the caregiver’s medical
  marijuana patient registry identification cards; and
       7. The date and time that marijuana or medical marijuana
  products are dispensed and the amount of marijuana or medical
  marijuana products dispensed, for each of the registered
  caregiver’s transactions with an MMTC holding a retail license.
       (c) The file for a certifying physician must include, but
  need not be limited to:
       1. The certifying physician’s full legal name; and
       2. The certifying physician’s license number.

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  24-00556-17                                             2017614__
       (2) The medical marijuana patient registry must meet all of
  the following criteria:
       (a) Be accessible to MMTCs holding a retail license to
  verify the authenticity of a medical marijuana patient registry
  identification card, to verify a qualifying patient’s allowed
  amount of marijuana and medical marijuana products, and to
  determine the prior dates and times when marijuana was dispensed
  to the qualifying patient or the qualifying patient’s caregiver
  and the amount dispensed on each occasion.
       (b) Be able to accept in real time an original or a new
  physician certification form from a certifying physician which
  includes an original or updated physician recommendation for a
  qualifying patient’s allowed amount of marijuana.

(c) Be accessible to law enforcement in real time in order to verify authorization for the possession of marijuana bya qualifying patient or caregiver.

       (d) Be able to accept and post initial and updated
  information to each qualifying patient’s or caregiver’s file
  from an MMTC holding a retail license which shows the date,
  time, and amount of marijuana dispensed to that qualifying
  patient or caregiver at the point of sale.
       Section 7. Section 381.995, Florida Statutes, is created to
  read:
       381.995 Medical Marijuana Treatment Centers.—
       (1) DEPARTMENT RESPONSIBILITIES.—By June 3, 2017, the
  department shall establish operating standards for the
  cultivation, processing, packaging, and labeling of marijuana;
  standards for the sale of marijuana; procedures and requirements
  for the registration and registration renewal of MMTCs, for the

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  24-00556-17                                             2017614__
  issuance and renewal of cultivation, processing, and retail
  licenses, and for the issuance and renewal of cultivation
  facility, processing facility, and retail facility permits;
  procedures for registering all principals, employees, and
  contractors of MMTCs who will participate in the operations of
  the MMTC; and procedures for issuing MMTC employee
  identification cards to registered principals, employees, and
  contractors of MMTCs.
       (2) MMTC REGISTRATION.—
       (a) The department shall charge a registration fee upon
  initial registration of an MMTC not to exceed $1,000 and a
  renewal fee upon the renewal of an MMTC’s registration not to
  exceed $500. The department shall develop a registration form
  for registration which, at a minimum, must require the applicant
  to indicate:
       1. The full legal name of the applicant;
       2. The physical address of each location where marijuana
  will be cultivated, processed, dispensed, or stored, as
  applicable to the indicated function of the applicant;
       3. The name, address, and date of birth of each of the
  applicant’s principals;
       4. The name, address, and date of birth of each of the
  applicant’s current employees and contractors who will
  participate in the operations of the MMTC; and
       5. The marijuana production functions in which the
  applicant intends to engage, which may include one or more of
  the following:
       a. Cultivation;
       b. Processing;

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  24-00556-17                                             2017614__
       c. Dispensing; and
       d. Transporting.
       (b) By October 3, 2017, the department shall begin
  registering MMTCs that have submitted completed applications for
  registration. To be registered as an MMTC, an applicant must
  submit to the department:
       1. A completed registration form;
       2. The initial registration fee;
       3. Registration and MMTC employee identification card
  applications for all principals, employees, and contractors who
  will participate in the operations of the MMTC;
       4. Proof that all principals who will not participate in
  the operations of the MMTC have passed a level 2 background
  screening pursuant to chapter 435 within the previous year;
       5. Proof of the financial ability to maintain operations
  for the duration of the registration; and
       6. A $1 million performance and compliance bond, to be
  forfeited if the MMTC fails to comply with the registration
  requirements of this subsection during the registration period
  or fails to comply with the material requirements of this
  section that are applicable to the functions the applicant
  intends to perform as indicated on the registration application.
  Registration as an MMTC may not be granted until all principals,
  employees, and contractors who will participate in the
  operations of the MMTC have registered with the department and
  have been issued MMTC employee identification cards.
       (c) An MMTC registration lasts for a period of 2 years and
  must be renewed by the MMTC before the registration’s expiration

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  24-00556-17                                             2017614__
  in a manner consistent with department rule for the renewal of
  MMTC registrations.
       (d) MMTCs may not cultivate, process, dispense, or
  transport marijuana or medical marijuana products without first
  obtaining the corresponding license for that function from the
  department as required in this section.
       (3) LICENSE AND PERMIT APPLICATION AND RENEWAL FEES.—
       (a) The department may charge an initial application fee
  not to exceed $1,000, a licensure fee not to exceed $50,000, and
  a biennial renewal fee not to exceed $50,000 for a cultivation
  license.
       (b) For a processing license, the department may charge an
  initial application fee not to exceed $1,000, a licensure fee
  not to exceed $50,000, and a biennial renewal fee not to exceed
  $50,000.
       (c) For a retail license, the department may charge an
  initial application fee not to exceed $1,000, a licensure fee
  not to exceed $10,000, and a biennial renewal fee not to exceed
  $10,000.
       (d) For a transportation license, the department may charge
  an initial application fee not to exceed $1,000, a licensure fee
  not to exceed $10,000, and a biennial renewal fee not to exceed
  $10,000.
       (e) For each facility permit issued, the department may
  charge an initial permitting fee not to exceed $5,000 and a
  biennial renewal fee not to exceed $5,000.
       (4) CULTIVATION AND PROCESSING LICENSES.—The department
  shall begin issuing cultivation licenses and processing licenses
  by October 3, 2017.

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       24-00556-17                                             2017614__
  1. 1019  (a) An MMTC may apply for a cultivation license, a
  2. 1020  processing license, or both. When applying, the MMTC must
  3. 1021  provide the department, at a minimum, with all of the following:
  4. 1022  1. A completed cultivation license or processing license
  5. 1023  application form;

1024
1025 with 1026
1027 will 1028

  1. 1029  establish an infrastructure in a reasonable amount of time which
  2. 1030  is designed to, as applicable to the license or licenses
  3. 1031  requested, cultivate, process, test, package, or label marijuana
  4. 1032  or medical marijuana products and to maintain the
  5. 1033  infrastructure’s security and prevent the theft or diversion of
  6. 1034  any marijuana or medical marijuana product;
  7. 1035  5. Proof that the applicant possesses the technical and
  8. 1036  technological ability to cultivate and test marijuana or process
  9. 1037  and test marijuana, as applicable to the license or licenses
  10. 1038  requested;
  11. 1039  6. Proof of operating procedures designed to secure and
  12. 1040  maintain accountability for all marijuana, medical marijuana
  13. 1041  products, and marijuana-related byproducts that come into the
  14. 1042  applicant’s possession;
  15. 1043  7. Proof of at least $1 million of hazard and liability
  16. 1044  insurance for each facility where cultivation or processing of
  17. 1045  marijuana or medical marijuana products occur; and
  18. 1046  8. The licensure fee, which the department must receive
  19. 1047  before it may issue the license.

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2. The initial application fee, which must be submitted
the completed application form;
3. The physical address of each location where marijuana
be cultivated, processed, or stored;
4. Proof of an established infrastructure or the ability to

Florida Senate – 2017 SB 614

       24-00556-17                                             2017614__
  1. 1048  (b) Cultivation licenses and processing licenses expire 2
  2. 1049  years after the date issued. The licensee must apply
  3. 1050  renewed license before the expiration date. In order
  4. 1051  a renewed license, the licensee must meet all of the
  5. 1052  requirements for initial licensure; must provide all
  6. 1053  documents required under paragraph (a), accompanied by the
  7. 1054  renewal fee, but not by the initial application fee or licensure
  8. 1055  fee; and must not have any outstanding substantial violations of
  9. 1056  the standards adopted by department rule for the cultivation,
  10. 1057  processing, testing, packaging, and labeling of marijuana and
  11. 1058  medical marijuana products.
  12. 1059  (c) Before beginning cultivation or processing, the
  13. 1060  licensee must obtain an operating permit from the department for
  14. 1061  each facility where cultivation or processing will occur. Upon
  15. 1062  receiving a request for a permit from a licensee, the department
  16. 1063  shall inspect the facility pursuant to subsection (8) for
  17. 1064  compliance with state law, and rules adopted thereunder, and,
  18. 1065  upon a determination of compliance, shall issue an operating
  19. 1066  permit for the facility. The department must issue or deny the
  20. 1067  operating permit for a facility within 30 days after receiving
  21. 1068  the request for a permit.
  22. 1069  (d) If a facility’s operating permit expires, the facility
  23. 1070  must cease all applicable operations until the department
  24. 1071  reinspects the facility and issues a new operating permit
  25. 1072  determination of compliance.
  26. 1073  (e) Cultivation facilities and processing facilities
  27. 1074  be secure and closed to the public and may not be located
  28. 1075  1,000 feet of an existing public or private elementary or
  29. 1076  secondary school, a child care facility as defined in s.

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for a
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       24-00556-17                                             2017614__
  1. 1077  402.302, or a licensed service provider offering substance abuse
  2. 1078  services. The department may establish by rule additional
  3. 1079  security and zoning requirements for cultivation facilities and
  4. 1080  processing facilities. All matters regarding the permitting and
  5. 1081  regulation of cultivation facilities and processing facilities,
  6. 1082  including the location of such facilities, are preempted to the
  7. 1083  state.
  8. 1084  (f) Licensees under this subsection may use contractors to
  9. 1085  assist with the cultivation or processing of marijuana, as
  10. 1086  applicable, but the licensee is ultimately responsible for all
  11. 1087  of the operations performed by each contractor relating to the
  12. 1088  cultivation or processing of marijuana and is responsible for
  13. 1089  the physical possession of all marijuana and medical marijuana
  14. 1090  products. All work done by a contractor must be performed at a
  15. 1091  facility with an operating permit issued by the department. All
  16. 1092  principals and employees of contractors contracted by a licensee
  17. 1093  under this subsection who will participate in the operations of
  18. 1094  the licensee must be registered with the department and issued
  19. 1095  MMTC employee identification cards.
  20. 1096  (g) All marijuana byproducts that cannot be processed or
  21. 1097  that cannot be reprocessed into medical marijuana products must
  22. 1098  be destroyed by the cultivation or processing licensee or its
  23. 1099  contractor within 30 days after the production of the
  24. 1100  byproducts.
  25. 1101  (h) Licensees under this subsection may wholesale marijuana
  26. 1102  and medical marijuana products only to other MMTCs.
  27. 1103  (i) Transport or delivery of marijuana or medical marijuana
  28. 1104  products outside of property owned by a licensee under this
  29. 1105  subsection may be performed only by an MMTC that holds a

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  24-00556-17                                             2017614__
  transportation license issued pursuant to subsection (6).
       (5) RETAIL LICENSES.—The department shall begin issuing
  retail licenses by October 3, 2017.
       (a) An MMTC may apply for a retail license. When applying,
  the MMTC must provide the department, at a minimum, with all of
  the following:
       1. A completed retail license application form;
       2. The initial application fee, which must be submitted
  with the completed application form;
       3. A statement by the applicant indicating whether the
  applicant intends to dispense by delivery. A retail licensee may
  not deliver marijuana or medical marijuana products without also
  obtaining a transportation license pursuant to subsection (6);
       4. The physical address of each location where marijuana or
  medical marijuana products will be dispensed or stored;
       5. Identifying information for all other current or
  previous retail licenses held by the applicant or any of the
  applicant’s principals;
       6. Proof of an established infrastructure, or the ability
  to establish an infrastructure in a reasonable amount of time,
  which is designed to receive marijuana or medical marijuana
  products from a cultivation licensee or a processing licensee
  and to maintain the infrastructure’s security and prevent the
  theft or diversion of any marijuana or medical marijuana
  product;
       7. Proof of operating procedures designed to secure and
  maintain accountability for all marijuana and medical marijuana
  products that the applicant receives and possesses; ensure that
  the allowed amount of marijuana and the specified type of

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       24-00556-17                                             2017614__
  1. 1135  marijuana is correctly dispensed to a qualifying patient or his
  2. 1136  or her caregiver pursuant to a physician’s certification; and
  3. 1137  monitor the medical marijuana patient registry and
  4. 1138  electronically update the registry with dispensing information;
  5. 1139  8. Proof of at least $500,000 of hazard and liability
  6. 1140  insurance for each facility where marijuana or medical marijuana
  7. 1141  products are dispensed or stored; and
  8. 1142  9. The licensure fee, which the department must receive
  9. 1143  before it may issue the license.
  10. 1144  (b) A retail license expires 2 years after the date it is
  11. 1145  issued. The retail licensee must apply for a renewed license
  12. 1146  before the expiration date. In order to receive a renewed
  13. 1147  license, a retail licensee must meet all of the requirements for
  14. 1148  initial licensure; must provide all of the documents required
  15. 1149  under paragraph (a), accompanied by the renewal fee, but not by
  16. 1150  the initial application fee or licensure fee; and must not have
  17. 1151  any outstanding substantial violations of the applicable
  18. 1152  standards adopted by department rule.
  19. 1153  (c) Before beginning to dispense or store marijuana or
  20. 1154  medical marijuana products, the licensee must obtain an
  21. 1155  operating permit from the department for each facility where
  22. 1156  marijuana or medical marijuana products will be dispensed or
  23. 1157  stored. Upon receiving a request for a permit from a licensee,
  24. 1158  the department shall inspect the facility pursuant to subsection
  25. 1159  (8) for compliance with state law, and rules adopted thereunder.
  26. 1160  Upon a determination of compliance, and if the county has not
  27. 1161  reached its maximum number of permits and has not disallowed
  28. 1162  permits in that county pursuant to paragraph (e), the department
  29. 1163  shall issue an operating permit for the facility. The department

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       24-00556-17                                             2017614__
  1. 1164  must issue or deny the operating permit for a facility within 30
  2. 1165  days after receiving the request for a permit. An MMTC holding a
  3. 1166  retail license must have a separate operating permit for each
  4. 1167  retail facility it operates.
  5. 1168  (d) The department may not grant an operating permit if the
  6. 1169  proposed retail facility is located on the same property as a
  7. 1170  cultivation facility or processing facility, or is located
  8. 1171  within 1,000 feet of an existing public or private elementary or
  9. 1172  secondary school, a child care facility as defined in s.
  10. 1173  402.302, or a licensed service provider offering substance abuse
  11. 1174  services.
  12. 1175  (e) The number of permitted retail facilities in a county
  13. 1176  may not exceed one for each 25,000 residents of the county. The
  14. 1177  governing body of a county or municipality may, by ordinance,
  15. 1178  refuse to allow retail facilities to be located within its
  16. 1179  jurisdiction. The department may not issue an operating permit
  17. 1180  for a retail facility in a county or municipality where the
  18. 1181  board of county commissioners of that county or the city council
  19. 1182  or other legislative body of that municipality has adopted such
  20. 1183  an ordinance. A county or municipality may levy a local business
  21. 1184  tax on a retail facility. If the number of operating permit
  22. 1185  applications determined by the department to comply with state
  23. 1186  law and rules adopted thereunder for retail facilities located
  24. 1187  in the same county exceeds the number of operating permits
  25. 1188  allowed for that county under this paragraph, the department
  26. 1189  shall employ a lottery system to determine the issuance of
  27. 1190  operating permits for that county and may not issue more than
  28. 1191  one operating permit in that county to a single MMTC. The
  29. 1192  department may issue an operating permit to an MMTC for an

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       24-00556-17                                             2017614__
  1. 1193  additional retail facility in the same county if the remaining
  2. 1194  number of allowed, but as yet unissued, permits in that county
  3. 1195  is greater than the number of qualified applications filed by
  4. 1196  applicants holding fewer operating permits in that county than
  5. 1197  the MMTC.
  6. 1198  (f) Before the expiration of an operating permit for a
  7. 1199  retail facility, the licensee shall apply for a renewal permit
  8. 1200  and the department shall reinspect the facility and issue a new
  9. 1201  operating permit for that facility upon a determination of
  10. 1202  compliance.
  11. 1203  (g) A retail licensee or an employee of the retail licensee
  12. 1204  may dispense the allowed amount of marijuana to a qualifying
  13. 1205  patient or the patient’s caregiver only if the retail licensee
  14. 1206  or employee:
  15. 1207  1. Verifies the authenticity of the qualifying patient’s or
  16. 1208  caregiver’s medical marijuana patient registry identification
  17. 1209  card with the medical marijuana patient registry;
  18. 1210  2. Verifies the physician’s prescription for marijuana with
  19. 1211  the medical marijuana patient registry;
  20. 1212  3. Determines that the qualifying patient has not been
  21. 1213  dispensed the allowed amount of marijuana within the previous 29
  22. 1214  days;
  23. 1215  4. Issues to the qualifying patient or the qualifying
  24. 1216  patient’s caregiver a receipt that details the date and time of
  25. 1217  dispensing, the amount of marijuana dispensed, and the person to
  26. 1218  whom the marijuana was dispensed; and
  27. 1219  5. Updates the medical marijuana patient registry with the
  28. 1220  date and time of dispensing and the amount and type of marijuana
  29. 1221  being dispensed to the qualifying patient before dispensing to

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  24-00556-17                                             2017614__
  the qualifying patient or the qualifying patient’s caregiver.
       (h) A retail facility may not repackage or modify a medical
  marijuana product that has already been packaged for retail sale
  by a cultivation or processing licensee.
       (i) A retail licensee may contract with an MMTC that has a
  transportation license to transport marijuana and medical
  marijuana products between properties owned by the retail
  licensee, deliver the marijuana and medical marijuana products
  to the residence of a qualifying patient, and pick up returns of
  marijuana and medical marijuana products.
       (j) Onsite consumption of marijuana or medical marijuana
  products at a retail facility is prohibited.
       (6) TRANSPORTATION LICENSES.—
       (a) By June 3, 2017, the department shall adopt rules under
  which it will issue transportation licenses to MMTCs and permit
  vehicles under this subsection. An MMTC may apply for a
  transportation license. When applying, the MMTC must provide the
  department, at a minimum, with all of the following:
       1. The physical address of the licensee’s place of
  business;
       2. Proof of a documentation system, including
  transportation manifests, for the transportation of marijuana
  and medical marijuana products between licensed facilities and
  to qualifying patients;
       3. Proof of health and sanitation standards for the
  transportation of marijuana and medical marijuana products; and
       4. Proof that all marijuana and medical marijuana products
  transported between licensed facilities will be transported in
  tamper-evident shipping containers.

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       24-00556-17                                             2017614__
  1. 1251  (b) Medical marijuana may not be transported on the
  2. 1252  property of an airport, a seaport, or a spaceport.
  3. 1253  (c) A transportation licensee may transport marijuana or
  4. 1254  medical marijuana products only in a vehicle that is owned or
  5. 1255  leased by the licensee or a contractor of the licensee and for
  6. 1256  which a valid vehicle permit has been issued by the department.
  7. 1257  (d) A vehicle permit may be obtained by an MMTC holding a
  8. 1258  transportation license upon application and payment of a fee of
  9. 1259  $500 per vehicle to the department. The MMTC must designate an
  10. 1260  employee or contracted employee as the driver for each permitted
  11. 1261  vehicle. Such designation must be displayed in the vehicle at
  12. 1262  all times. The permit remains valid and does not expire unless
  13. 1263  the MMTC or its contractor disposes of the permitted vehicle or
  14. 1264  the MMTC’s registration or transportation license is
  15. 1265  transferred, cancelled, not renewed, or revoked by the
  16. 1266  department. The department shall cancel a vehicle permit upon
  17. 1267  the request of the MMTC or its contractor.
  18. 1268  (e) By acceptance of a license issued under this
  19. 1269  subsection, the MMTC and its contracted agent, if applicable,
  20. 1270  agree that a permitted vehicle is, at all times it is being used
  21. 1271  to transport marijuana or medical marijuana products, subject to
  22. 1272  inspection and search without a search warrant by authorized
  23. 1273  employees of the department, sheriffs, deputy sheriffs, police
  24. 1274  officers, or other law enforcement officers to determine that
  25. 1275  the MMTC is operating in compliance with this section.
  26. 1276  (f) An MMTC with a transportation license may deliver, or
  27. 1277  contract for the delivery of, marijuana and medical marijuana
  28. 1278  products to qualifying patients and caregivers within the state.
  29. 1279  An MMTC or its contractor must verify the identity of the

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  1. 1280  qualifying patient upon placement of the delivery order
  2. 1281  again upon delivery. Deliveries may only be made to the
  3. 1282  qualifying patient who placed the order or, if the patient is
  4. 1283  unable to accept delivery, his or her caregiver. A county or
  5. 1284  municipality may not prohibit deliveries of marijuana or medical
  6. 1285  marijuana products to qualifying patients within the county or
  7. 1286  municipality. The department shall adopt rules specific to the
  8. 1287  delivery of marijuana and medical marijuana products to
  9. 1288  qualifying patients and caregivers. Such rules must include:
  10. 1289  1. Procedures for verifying the identity of the person
  11. 1290  submitting and receiving a delivery, including required training
  12. 1291  for delivery personnel; and
  13. 1292  2. A maximum retail value for all marijuana, medical
  14. 1293  marijuana products, and currency that may be in the possession
  15. 1294  of an MMTC employee or contractor while making a delivery. This
  16. 1295  value may not exceed $8,000.
  17. 1296  (g) Licensees under this subsection may use contractors to
  18. 1297  assist with the transportation of marijuana but the licensee is
  19. 1298  ultimately responsible for all of the actions and operations of
  20. 1299  each contractor relating to the transportation of marijuana and
  21. 1300  must know the location of all marijuana and medical marijuana
  22. 1301  products at all times. All principals and employees of
  23. 1302  contractors contracted by a licensee under this subsection who
  24. 1303  will participate in the operations of the licensee must be
  25. 1304  registered with the department and issued an MMTC employee
  26. 1305  identification card.
  27. 1306  (7) ADVERTISING
  28. 1307  marijuana or medical
  29. 1308  subsection, the term

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and
same
PROHIBITED.—An MMTC may not advertise its
marijuana products. As used in this
“advertise” means to advise on, announce,

Florida Senate – 2017 SB 614

24-00556-17

  1. 1309  give notice
  2. 1310  of an oral,
                                            2017614__
of, publish, or call attention to a product by use

written, or graphic statement made in a newspaper or 1311 other publication, on radio or television, or in any electronic

  1. 1312  medium; contained in a notice, handbill, flyer, catalog, letter,
  2. 1313  or sign, including signage on a vehicle; or printed on or
  3. 1314  contained in a tag or label attached to or accompanying
  4. 1315  marijuana or a medical marijuana product.
  5. 1316  (8) INSPECTIONS OF MMTC FACILITIES.—
  6. 1317  (a) Inspections of MMTC facilities, other than those
  7. 1318  inspections required to determine compliance with firesafety
  8. 1319  standards or building codes or for law enforcement purposes, are
  9. 1320  preempted to the state and may be conducted by the department.
  10. 1321  The department shall inspect and permit for operation each MMTC
  11. 1322  facility used for cultivation, processing, or dispensing
  12. 1323  marijuana or medical marijuana products before the facility
  13. 1324  begins operations. The department shall inspect each permitted
  14. 1325  facility, as well as any property used for the cultivation of
  15. 1326  marijuana, at least once every 2 years. The department may
  16. 1327  conduct additional announced or unannounced inspections of a
  17. 1328  permitted facility at reasonable hours in order to ensure
  18. 1329  compliance with state law, rules, and standards set by the
  19. 1330  department. The department or a law enforcement agency may test
  20. 1331  any marijuana or medical marijuana product in order to ensure
  21. 1332  that such marijuana or medical marijuana product meets the
  22. 1333  safety and labeling standards established by the department. The
  23. 1334  department may, by interagency agreement with the Department of
  24. 1335  Business and Professional Regulation or the Department of
  25. 1336  Agriculture and Consumer Services, perform joint inspections of
  26. 1337  such facilities with these agencies.

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       24-00556-17                                             2017614__
  1. 1338  (b) By October 3, 2017, the department shall adopt rules
  2. 1339  governing the inspection of permitted facilities including
  3. 1340  procedures for permitting and reasonable standards for the
  4. 1341  operation of facilities used for cultivation, processing, or
  5. 1342  dispensing marijuana and medical marijuana products.
  6. 1343  (9) ACCESS TO PERMITTED FACILITIES.—The department shall
  7. 1344  adopt rules governing access to permitted facilities and
  8. 1345  delineating limited access areas, restricted access areas, and
  9. 1346  general access areas at all licensed facilities. Access to
  10. 1347  limited access areas must be limited to MMTC principals,
  11. 1348  employees, and contractors who have been registered with the
  12. 1349  department and have an MMTC employee identification card and to
  13. 1350  visitors escorted by an individual who has such a card. Access
  14. 1351  to restricted access areas must be limited to MMTC principals,
  15. 1352  employees, and contractors who have been registered with the
  16. 1353  department and issued an MMTC employee identification card,
  17. 1354  visitors escorted by an individual who has such a card, and
  18. 1355  qualifying patients and their caregivers. The department may
  19. 1356  adopt rules governing visitor access to limited access and
  20. 1357  restricted access areas, including, but not limited to, the
  21. 1358  number of visitors that may be escorted on the premises at any
  22. 1359  given time and the number of visitors that may be escorted by a
  23. 1360  single employee.
  24. 1361  (10) MMTC AND CONTRACTOR PERSONNEL REGISTRATION AND MMTC
  25. 1362  EMPLOYEE IDENTIFICATION CARDS.—
  26. 1363  (a) By October 3, 2017, the department shall adopt rules
  27. 1364  governing the registration of MMTC principals, employees, and
  28. 1365  contractors who participate in the operations of the MMTC. The
  29. 1366  department may charge a reasonable fee when issuing and upon

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  24-00556-17                                             2017614__
  annually renewing an MMTC employee identification card. Before
  hiring or contracting with any individual who is not registered
  with the department or who does not possess a current MMTC
  employee identification card, an MMTC must submit an application
  for the registration of that person as an MMTC employee to the
  department. The department shall adopt by rule a form for such
  applications which requires the applicant to at least provide
  all of the following:
       1. His or her full legal name, social security number, date
  of birth, and home address;
       2. A full color, passport-type photograph taken within the
  past 90 days;
       3. Proof that he or she has passed a level 2 background
  screening pursuant to chapter 435 within the previous year; and
       4. Whether the applicant will be authorized by the MMTC to
  possess marijuana or medical marijuana products while not on
  MMTC property.
       (b) Once the department has received a completed
  application and fee from an MMTC, the department shall register
  the principal, employee, or contractor associated with the MMTC
  and issue him or her an MMTC employee identification card that,
  at a minimum, includes all of the following:
       1. The employee’s name and the name of the MMTC that
  employs him or her;
       2. The employee’s photograph, as required under paragraph
  (a);
       3. The expiration date of the card, which is 1 year after
  the date of its issuance; and
       4. Whether the employee is authorized by the MMTC to

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       24-00556-17                                             2017614__
  1. 1396  possess marijuana or medical marijuana products while not on
  2. 1397  MMTC property.
  3. 1398  (c) If any information provided to the department for the
  4. 1399  registration of an MMTC principal, employee, or contractor or in
  5. 1400  the application for an MMTC employee identification card changes
  6. 1401  or if the registered person’s status with the MMTC changes, the
  7. 1402  registered person and the MMTC must update the department with
  8. 1403  the new information or status within 7 days after the change.
  9. 1404  (11) ADDITIONAL REQUIREMENTS.—
  10. 1405  (a) An MMTC is responsible for knowing and complying with
  11. 1406  all state laws and rules governing marijuana.
  12. 1407  (b) The premises of a permitted facility must comply with
  13. 1408  all security and surveillance requirements established by
  14. 1409  department rule before the licensee cultivates, sells,
  15. 1410  possesses, processes, tests, or dispenses any marijuana or
  16. 1411  medical marijuana products at the licensed facility. All areas
  17. 1412  of ingress or egress to limited or restricted access areas of
  18. 1413  the permitted facility must be clearly identified as such by
  19. 1414  signage approved by the department.
  20. 1415  (c) A licensee must possess and maintain possession of the
  21. 1416  facility for which a permit is issued by ownership, lease,
  22. 1417  rental, or other arrangement.
  23. 1418  (d) A licensee must keep complete and current records for
  24. 1419  the current tax year and the 3 preceding tax years necessary to
  25. 1420  fully show the business transactions of the licensee, all of
  26. 1421  which must be open at all times during business hours for
  27. 1422  inspection and examination by the department and authorized
  28. 1423  representatives of the Department of Law Enforcement, as
  29. 1424  required by department rule.

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  24-00556-17                                             2017614__
       (e) A licensee must establish an inventory tracking system
  that is approved by the department.
       (f) All marijuana and medical marijuana products must meet
  the labeling and packaging requirements established by
  department rule.
       (12) VIOLATIONS, FINES, AND ADMINISTRATIVE PENALTIES.—
       (a) The department shall adopt by rule a schedule of
  violations in order to impose reasonable fines, not to exceed
  $10,000 per violation, on an MMTC. In determining the amount of
  the fine to be levied for a violation, the department shall
  consider:
       1. The severity of the violation;
       2. Any action taken by the MMTC to correct the violation or
  to remedy complaints; and
       3. Any previous violations.
       (b) The department may suspend, revoke, deny, or refuse to
  renew an MMTC’s registration or function-specific license or
  impose an administrative penalty not to exceed $10,000 per
  violation for:
       1. Violating this act or department rule;
       2. Failing to maintain qualifications for registration or
  licensure;
       3. Endangering the health, safety, or security of a
  qualifying patient or caregiver;
       4. Improperly disclosing personal and confidential
  information of a qualifying patient or caregiver;
       5. Attempting to procure a registration, license, or permit
  by bribery or fraudulent misrepresentation;
       6. Being convicted or found guilty of, or entering a plea

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  24-00556-17                                             2017614__
  of nolo contendere to, regardless of adjudication, a crime in
  any jurisdiction which directly relates to the business of an
  MMTC;
       7. Making or filing a report or record that the MMTC knows
  to be false;
       8. Willfully failing to maintain a record required by this
  section or rule of the department;
       9. Willfully impeding or obstructing an employee or agent
  of the department in the furtherance of his or her official
  duties;
       10. Engaging in fraud, deceit, negligence, incompetence, or
  misconduct in the business practices of an MMTC;
       11. Making misleading, deceptive, or fraudulent
  representations in or related to the business practices of an
  MMTC; or
       12. Violating a lawful order of the department or an agency
  of the state or failing to comply with a lawfully issued
  subpoena of the department or an agency of the state.
       (13) MMTC LIST.—The department shall maintain on its
  website a publicly available, easily accessible list of the
  names and locations of all retail licensees.
       (14) DISPENSING ORGANIZATION GRANDFATHERING.—As soon as
  practicable after the effective date of this act and not later
  than October 3, 2017, the department shall:
       (a) Register each dispensing organization that is in
  compliance with the requirements of, and that was approved
  pursuant to, chapter 2014-157, Laws of Florida, or chapter 2016-
  123, Laws of Florida, as an MMTC, effective retroactively to the
  date of the dispensing organization’s approval as a dispensing

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  24-00556-17                                             2017614__
  organization;
       (b) Issue each such dispensing organization one cultivation
  license, one processing license, one retail license, and one
  transportation license; and
       (c) For each such dispensing organization facility in
  operation on or before July 1, 2017, issue the applicable permit
  for the function or functions performed at that facility to the
  dispensing organization.
       Section 8. Section 381.9951, Florida Statutes, is created
  to read:
       381.9951 Taxes on marijuana and medical marijuana
  products.—
       (1) Notwithstanding s. 212.08, the sale of marijuana and
  medical marijuana products is subject to the sales tax under
  chapter 212.
       (2) The Department of Revenue shall deposit, in the same
  month as the Department of Revenue collects such taxes, all
  proceeds of sales taxes collected on the sale of marijuana and
  medical marijuana products into the Education and General
  Student and Other Fees Trust Fund to fund research and
  development, as determined by the Board of Governors of the
  State University System, related to the safety and efficacy of
  marijuana and medical marijuana products.
       Section 9. Section 381.996, Florida Statutes, is created to
  read:
       381.996 Medical marijuana testing and labeling.—
       (1) To ensure accurate reporting of test results, the
  department shall adopt by rule a certification process and
  testing standards for independent testing laboratories. The

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       24-00556-17                                             2017614__
  1. 1512  Department of Agriculture and Consumer Services shall provide
  2. 1513  resources to the department regarding the certification process
  3. 1514  and standards for laboratories that test similar agricultural
  4. 1515  products and their derivatives in this state. The standards must
  5. 1516  include, but need not be limited to, educational requirements
  6. 1517  for laboratory directors, proficiency testing for professional
  7. 1518  licensees employed by a laboratory, standard operating
  8. 1519  procedures, and quality control procedures for testing.
  9. 1520  (2) An MMTC may not distribute or sell marijuana or a
  10. 1521  medical marijuana product to a retail licensee unless the batch
  11. 1522  of origin of that marijuana or medical marijuana product has
  12. 1523  been tested by an independent testing laboratory and the selling
  13. 1524  MMTC has received test results from the independent testing
  14. 1525  laboratory which certify that the batch meets the quality
  15. 1526  standards established by the department. An independent testing
  16. 1527  laboratory is not required to be registered as an MMTC or to
  17. 1528  hold a transportation license under this act in order to
  18. 1529  transport or receive marijuana or medical marijuana products for
  19. 1530  testing purposes.
  20. 1531  (3) When testing a batch of origin of marijuana or medical
  21. 1532  marijuana product, an independent testing laboratory must, at a
  22. 1533  minimum, test for:
  23. 1534  (a) Potency, to ensure accurate labeling; and
  24. 1535  (b) Unsafe contaminants, including, but not limited to,
  25. 1536  dangerous microbial organisms, molds, pesticides, residual
  26. 1537  solvents, and other harmful chemicals and toxins.
  27. 1538  (4) Each independent testing laboratory shall report its
  28. 1539  findings for each batch tested to the MMTC from which the batch
  29. 1540  originated and to the department. Such findings must include, at

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       24-00556-17                                             2017614__
  1. 1541  a minimum, the inspection certificate number or numbers of the
  2. 1542  cultivation facility or processing facility from which the batch
  3. 1543  originated, the size and batch number of the batch tested, the
  4. 1544  types of tests performed on the batch, and the results of each
  5. 1545  test. The department may require by rule the electronic
  6. 1546  submission of findings.
  7. 1547  (5) The department shall adopt by rule a comprehensive
  8. 1548  tracking and labeling system that allows a marijuana plant or
  9. 1549  medical marijuana product to be identified and tracked from
  10. 1550  cultivation to the final retail product. The department may
  11. 1551  adopt rules that establish qualifications for private entities
  12. 1552  to provide product tracking services to meet the requirements of
  13. 1553  this subsection and may establish a preferred vendor list based
  14. 1554  on those qualifications.
  15. 1555  (6) Before distribution or sale to a retail licensee, any
  16. 1556  marijuana or medical marijuana product that meets department
  17. 1557  testing standards must be packaged in a child-resistant
  18. 1558  container and labeled with at least the name and license number
  19. 1559  of the MMTC or MMTCs from which it originated; the inspection
  20. 1560  certificate number of the facility or facilities where the batch
  21. 1561  was harvested and processed; the harvest or production batch
  22. 1562  number; the concentration range of each individual cannabinoid
  23. 1563  present at testing; a warning statement and a universal, easily
  24. 1564  identifiable symbol indicating that the package contains
  25. 1565  marijuana for medical use; and any other information required
  26. 1566  under federal or state law, rule, or regulation for that form of
  27. 1567  product, including any additional information required for
  28. 1568  edible products, if applicable. For purposes of this subsection,
  29. 1569  any oil-based extraction meant for direct consumption in small

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       24-00556-17                                             2017614__
  1. 1570  quantities as a supplement is not required to be labeled as a
  2. 1571  food product.
  3. 1572  (7) Before sale to a qualifying patient or caregiver, a
  4. 1573  retail licensee must affix an additional label to each medical
  5. 1574  marijuana product which includes the retail licensee’s name and
  6. 1575  retail license number and the identification number on the
  7. 1576  medical marijuana patient registry identification card of the
  8. 1577  qualifying patient who is to receive the product.
  9. 1578  (8) By January 1, 2018, the department shall establish
  10. 1579  standards for quality, testing procedures, and maximum levels of
  11. 1580  unsafe contaminants. The department shall also create a list of
  12. 1581  individual cannabinoids for which marijuana and medical
  13. 1582  marijuana products must be tested which specifies for each
  14. 1583  cannabinoid the concentration considered significant and the
  15. 1584  varying ranges of concentrations upon which a physician may base
  16. 1585  his or her recommendation for a patient’s use of a specific
  17. 1586  strain of marijuana.
  18. 1587  Section 10. Section 381.997, Florida Statutes, is created
  19. 1588  to read:
  20. 1589  381.997 Penalties.—
  21. 1590  (1) A qualifying patient or caregiver may not purchase,
  22. 1591  acquire, or possess any marijuana above the allowed amount of
  23. 1592  marijuana for the qualifying patient’s medical use. A qualifying
  24. 1593  patient or caregiver who violates this subsection is subject to
  25. 1594  prosecution under chapter 893.
  26. 1595  (2) A physician may not certify marijuana or medical
  27. 1596  marijuana products for a patient without a reasonable belief
  28. 1597  that the patient is suffering from a debilitating medical
  29. 1598  condition. A physician who violates this subsection commits a

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       24-00556-17                                             2017614__
  1. 1599  misdemeanor of the first degree, punishable as provided in s.
  2. 1600  775.082 or s. 775.083.
  3. 1601  (3) A person who fraudulently represents that he or she has
  4. 1602  a debilitating medical condition for the purpose of being
  5. 1603  certified to receive marijuana or medical marijuana products by
  6. 1604  a physician commits a misdemeanor of the first degree,
  7. 1605  punishable as provided in s. 775.082 or s. 775.083.
  8. 1606  (4) A person who knowingly and fraudulently uses or
  9. 1607  attempts to use a medical marijuana patient registry
  10. 1608  identification card that has expired, is counterfeit, or belongs
  11. 1609  to another person commits a misdemeanor of the first degree,
  12. 1610  punishable as provided in s. 775.082 or s. 775.083.
  13. 1611  (5) An employee or contractor of an MMTC may not possess,
  14. 1612  transport, or deliver any medical marijuana above the allowed
  15. 1613  amount specified in the transport or delivery order. An employee
  16. 1614  or contractor of an MMTC who violates this subsection commits a
  17. 1615  misdemeanor of the first degree, punishable as provided in s.
  18. 1616  775.082 or s. 775.083.
  19. 1617  Section 11. Section 381.998, Florida Statutes, is created
  20. 1618  to read:
  21. 1619  381.998 Insurance.—The Florida Medical Marijuana Act does
  22. 1620  not require a governmental, private, or other health insurance
  23. 1621  provider or health care services plan to cover a claim for
  24. 1622  reimbursement for the purchase of marijuana or medical marijuana
  25. 1623  products; however, the act does not restrict such coverage.
  26. 1624  Section 12. Section 381.9981, Florida Statutes, is created
  27. 1625  to read:
  28. 1626  381.9981 Rulemaking authority.—The department may adopt
  29. 1627  rules to administer ss. 381.99-381.9981.

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  24-00556-17                                             2017614__
       Section 13. Section 385.211, Florida Statutes, is amended
  to read:
       385.211 Refractory and intractable epilepsy treatment and
  research at recognized medical centers.—
       (1) As used in this section, the term “marijuana” has the
  same meaning “low-THC cannabis” means “low-THC cannabis” as
  defined in s. 381.991 but applies only to marijuana s. 381.986
  that is dispensed by an MMTC only from a dispensing organization
  as defined in s. 381.991 s. 381.986.
       (2) Notwithstanding chapter 893, medical centers recognized
  pursuant to s. 381.925, or an academic medical research
  institution legally affiliated with a licensed children’s
  specialty hospital as defined in s. 395.002(28) which that
  contracts with the Department of Health, may conduct research on
  cannabidiol and marijuana low-THC cannabis. This research may
  include, but need not be is not limited to, the agricultural
  development, production, clinical research, and use of liquid
  medical derivatives of cannabidiol and marijuana low-THC
  cannabis for the treatment for refractory or intractable
  epilepsy. The authority for recognized medical centers to
  conduct this research is derived from 21 C.F.R. parts 312 and
  316. Current state or privately obtained research funds may be
  used to support the activities described in this section.
       Section 14. Subsections (2) and (3) of section 499.0295,
  Florida Statutes, are amended to read:
       499.0295 Experimental treatments for terminal conditions.—
       (2) As used in this section, the term:
       (a) “Dispensing organization” means an organization
  approved by the Department of Health under s. 381.986(5) to

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  24-00556-17                                             2017614__
  cultivate, process, transport, and dispense low-THC cannabis,
  medical cannabis, and cannabis delivery devices.
       (a)(b) “Eligible patient” means a person who:
       1. Has a terminal condition that is attested to by the
  patient’s physician and confirmed by a second independent
  evaluation by a board-certified physician in an appropriate
  specialty for that condition;
       2. Has considered all other treatment options for the
  terminal condition currently approved by the United States Food
  and Drug Administration;
       3. Has given written informed consent for the use of an
  investigational drug, biological product, or device; and
       4. Has documentation from his or her treating physician
  that the patient meets the requirements of this paragraph.
       (b)(c) “Investigational drug, biological product, or
  device” means:
       1. a drug, biological product, or device that has
  successfully completed phase 1 of a clinical trial but has not
  been approved for general use by the United States Food and Drug
  Administration and remains under investigation in a clinical
  trial approved by the United States Food and Drug
  Administration; or
       2. Medical cannabis that is manufactured and sold by a
  dispensing organization.
       (c)(d) “Terminal condition” means a progressive disease or
  medical or surgical condition that causes significant functional
  impairment, is not considered by a treating physician to be
  reversible even with the administration of available treatment
  options currently approved by the United States Food and Drug

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SB 614

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  1. 1686  Administration, and, without the administration of
  2. 1687  sustaining procedures, will result in death within
  3. 1688  diagnosis if the condition runs its normal course.
  4. 1689  (d)(e) “Written informed consent” means a document that is
  5. 1690  signed by a patient, a parent of a minor patient, a court-
  6. 1691  appointed guardian for a patient, or a health care surrogate
  7. 1692  designated by a patient and includes:
  8. 1693  1. An explanation of the currently approved products and
  9. 1694  treatments for the patient’s terminal condition.
  10. 1695  2. An attestation that the patient concurs with his or her
  11. 1696  physician in believing that all currently approved products and
  12. 1697  treatments are unlikely to prolong the patient’s life.
  13. 1698  3. Identification of the specific investigational drug,
  14. 1699  biological product, or device that the patient is seeking to
  15. 1700  use.
  16. 1701  4. A realistic description of the most likely outcomes of
  17. 1702  using the investigational drug, biological product, or device.
  18. 1703  The description shall include the possibility that new,
  19. 1704  unanticipated, different, or worse symptoms might result and
  20. 1705  death could be hastened by the proposed treatment. The
  21. 1706  description shall be based on the physician’s knowledge of the
  22. 1707  proposed treatment for the patient’s terminal condition.
  23. 1708  5. A statement that the patient’s health plan or third-
  24. 1709  party administrator and physician are not obligated to pay for
  25. 1710  care or treatment consequent to the use of the investigational
  26. 1711  drug, biological product, or device unless required to do so by
  27. 1712  law or contract.
  28. 1713  6. A statement that the patient’s eligibility for hospice
  29. 1714  care may be withdrawn if the patient begins treatment with the

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life-

1 year after

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  24-00556-17                                             2017614__
  investigational drug, biological product, or device and that
  hospice care may be reinstated if the treatment ends and the
  patient meets hospice eligibility requirements.
       7. A statement that the patient understands he or she is
  liable for all expenses consequent to the use of the
  investigational drug, biological product, or device and that
  liability extends to the patient’s estate, unless a contract
  between the patient and the manufacturer of the investigational
  drug, biological product, or device states otherwise.
       (3) Upon the request of an eligible patient, a manufacturer
  may do any of the following, or upon a physician’s order
  pursuant to s. 381.986, a dispensing organization may:
       (a) Make its investigational drug, biological product, or
  device available under this section.
       (b) Provide an investigational drug, biological product, or
  device, or cannabis delivery device as defined in s. 381.986 to
  an eligible patient without receiving compensation.
       (c) Require an eligible patient to pay the costs of, or the
  costs associated with, the manufacture of the investigational
  drug, biological product, or device, or cannabis delivery device
  as defined in s. 381.986.
       Section 15. Subsection (3) of section 893.02, Florida
  Statutes, is amended to read:
       893.02 Definitions.—The following words and phrases as used
  in this chapter shall have the following meanings, unless the
  context otherwise requires:

(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound,

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       24-00556-17                                             2017614__
  1. 1744  manufacture, salt, derivative, mixture, or preparation of the
  2. 1745  plant or its seeds or resin. The term does not include “low-THC
  3. 1746  cannabis,” as defined in s. 381.986, if manufactured, possessed,
  4. 1747  sold, purchased, delivered, distributed, or dispensed, in
  5. 1748  conformance with s. 381.986.
  6. 1749  Section 16. Section 1004.441, Florida Statutes, is amended
  7. 1750  to read:
  8. 1751  1004.441 Refractory and intractable epilepsy treatment and
  9. 1752  Research on the use of marijuana to treat serious medical
  10. 1753  conditions and symptoms.—
  11. 1754  (1) As used in this section, the term “marijuana” has the
  12. 1755  same meaning “low-THC cannabis” means “low-THC cannabis” as
  13. 1756  defined in s. 381.991 but applies only to marijuana s. 381.986
  14. 1757  that is dispensed by an MMTC only from a dispensing organization
  15. 1758  as defined in s. 381.991 s. 381.986.
  16. 1759  (2) Notwithstanding chapter 893, state universities with
  17. 1760  both medical and agricultural research programs, including those
  18. 1761  that have satellite campuses or research agreements with other
  19. 1762  similar institutions, may conduct research on marijuana and
  20. 1763  cannabidiol and low-THC cannabis. This research may include, but
  21. 1764  is not limited to, the agricultural development, production,
  22. 1765  clinical research, and use of liquid medical derivatives,
  23. 1766  medical marijuana products, and of cannabidiol and low-THC
  24. 1767  cannabis for the treatment of any debilitating medical condition
  25. 1768  as defined in s. 381.991 for refractory or intractable epilepsy.
  26. 1769  The authority for state universities to conduct this research is
  27. 1770  derived from 21 C.F.R. parts 312 and 316. Current state or
  28. 1771  privately obtained research funds may be used to support the
  29. 1772  activities authorized by this section.

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       24-00556-17                                             2017614__
  1. 1773  Section 17. The University of Florida, in consultation with
  2. 1774  a veterinary research organization, may conduct research to
  3. 1775  determine the benefits and contraindications of the use of low-
  4. 1776  THC cannabis and low-THC cannabis products for treatment of
  5. 1777  animals with seizure disorders or other life-limiting illnesses.
  6. 1778  State funds may not be used for such research.
  7. 1779  Section 18. If any provision of this act or its application
  8. 1780  to any person or circumstance is held invalid, the invalidity
  9. 1781  does not affect other provisions or applications of the act
  10. 1782  which can be given effect without the invalid provision or
  11. 1783  application, and to this end the provisions of this act are
  12. 1784  severable.
  13. 1785  Section 19. The Division of Law Revision and Information is
  14. 1786  directed to replace the phrase “the effective date of this act”
  15. 1787  wherever it occurs in this act with the date the act becomes a
  16. 1788  law.
  17. 1789  Section 20. This act shall take effect upon becoming a law.

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