Florida Senate - 2017 SB 1472
By Senator Galvano
21-00525A-17 20171472__
1 A bill to be entitled
2 An act relating to medicinal cannabis research and
3 education; creating s. 1004.4351, F.S.; providing a
4 short title; providing legislative intent; defining
5 terms; establishing the Coalition for Medicinal
6 Cannabis Research and Education within the H. Lee
7 Moffitt Cancer Center and Research Institute, Inc.;
8 providing a purpose for the coalition; establishing
9 the Medicinal Cannabis Research and Education Board to
10 direct the operations of the coalition; providing for
11 the appointment of board members; providing for terms
12 of office, reimbursement for certain expenses, and the
13 conduct of meetings of the board; authorizing the
14 board to appoint a coalition director; prescribing the
15 duties of the coalition director; requiring the board
16 to advise specified entities and officials regarding
17 medicinal cannabis research and education in this
18 state; requiring the board to annually adopt a
19 Medicinal Cannabis Research and Education Plan;
20 providing requirements for the plan; requiring the
21 board to issue an annual report to the Governor and
22 the Legislature by a specified date; specifying
23 responsibilities of the H. Lee Moffitt Cancer Center
24 and Research Institute, Inc.; providing an effective
25 date.
26
27 WHEREAS, cannabis, also known as marijuana, is produced
28 from the cannabis plant, which produces a resin containing
29 psychoactive compounds called cannabinoids, in addition to other
30 compounds found in plants, such as terpenes and flavonoids, and
31 WHEREAS, cannabis is a controlled substance and is
32 classified as a Schedule I agent, a drug with a high potential
33 for abuse, with no scientific evidence for medical use, and
34 WHEREAS, the United States Food and Drug Administration has
35 not approved the use of cannabis as a treatment for any medical
36 condition, and
37 WHEREAS, clinical trials conducted on medicinal cannabis
38 are limited, and researchers must file an Investigational New
39 Drug application with the United States Food and Drug
40 Administration, obtain a Schedule I license from the United
41 States Drug Enforcement Administration, and obtain approval from
42 the National Institute on Drug Abuse to conduct clinical drug
43 research with cannabis in the United States, and
44 WHEREAS, due to the limited number of clinical studies on
45 the medicinal use of marijuana, there is little or no unbiased
46 data available to support the determination of safe and
47 effective dosages of marijuana for specific illnesses, and
48 WHEREAS, a significant number of Americans are seeking
49 relief from pain and other medical symptoms through the use of
50 cannabis, including cancer patients, patients suffering from
51 refractory pain, and pediatric patients with refractory
52 epilepsy, and
53 WHEREAS, the electorate of Florida has enshrined in the
54 State Constitution the right to obtain and use marijuana for
55 medicinal purposes, NOW, THEREFORE,
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 1004.4351, Florida Statutes, is created
60 to read:
61 1004.4351 Medicinal cannabis research and education.—
62 (1) SHORT TITLE.—This section shall be known and may be
63 cited as the “Medicinal Cannabis Research and Education Act.”
64 (2) LEGISLATIVE INTENT.—The Legislature finds that:
65 (a) The present state of knowledge concerning the use of
66 cannabis to alleviate pain and treat illnesses is limited
67 because permission to perform clinical studies on cannabis is
68 difficult to obtain, with access to research-grade cannabis so
69 restricted that little or no unbiased studies have been
70 performed.
71 (b) Under the State Constitution, cannabis is available for
72 the treatment of certain debilitating medical conditions.
73 (c) Additional clinical studies are needed to ensure that
74 the residents of this state obtain the correct dosing,
75 formulation, route, modality, frequency, quantity, and quality
76 of cannabis for specific illnesses.
77 (d) An effective medicinal cannabis research and education
78 program would mobilize the scientific, educational, and medical
79 resources that presently exist in this state to determine the
80 appropriate and best use of cannabis to treat illness.
81 (3) DEFINITIONS.—As used in this section, unless the
82 context clearly indicates otherwise, the term:
83 (a) “Board” means the Medicinal Cannabis Research and
84 Education Board.
85 (b) “Coalition” means the Coalition for Medicinal Cannabis
86 Research and Education.
87 (c) “Marijuana” or “medicinal cannabis” has the same
88 meaning as provided in s. 29, Art. X of the State Constitution.
89 (4) COALITION FOR MEDICINAL CANNABIS RESEARCH AND
90 EDUCATION.—
91 (a) There is established within the H. Lee Moffitt Cancer
92 Center and Research Institute, Inc., the Coalition for Medicinal
93 Cannabis Research and Education. The purpose of the coalition is
94 to conduct rigorous scientific research; provide education;
95 disseminate research; and to guide policy for the adoption of a
96 statewide policy on ordering and dosing practices for the
97 medicinal use of cannabis. The coalition shall be physically
98 located at the H. Lee Moffitt Cancer Center and Research
99 Institute, Inc.
100 (b) The Medicinal Cannabis Research and Education Board is
101 established to direct the operations of the coalition. The board
102 shall be composed of seven members appointed by the chief
103 executive officer of the H. Lee Moffitt Cancer Center and
104 Research Institute, Inc. Board members must have experience in a
105 variety of scientific and medical fields, including, but not
106 limited to, oncology, neurology, psychology, pediatrics,
107 nutrition, and addiction. Members shall be appointed to 4-year
108 terms and may be reappointed to serve additional terms. The
109 chair shall be elected by the board from among its members to
110 serve a 2-year term. The board shall meet no less than
111 semiannually, at the call of the chair or, in his or her absence
112 or incapacity, the vice chair. Four members constitute a quorum.
113 A majority vote of the members present is required for all
114 actions of the board. The board may prescribe, amend, and repeal
115 a charter governing the manner in which it conducts its
116 business. A board member shall serve without compensation but is
117 entitled to be reimbursed for travel expenses by the coalition
118 or the organization he or she represents in accordance with s.
119 112.061.
120 (c) The coalition shall be administered by a coalition
121 director who shall be appointed by and serve at the pleasure of
122 the board. The coalition director shall, subject to the approval
123 of the board:
124 1. Propose a budget for the coalition.
125 2. Foster the collaboration of scientists, researchers, and
126 other appropriate personnel in accordance with the coalition’s
127 charter.
128 3. Identify and prioritize the research to be conducted by
129 the coalition.
130 4. Prepare the Medicinal Cannabis Research and Education
131 Plan for submission to the board.
132 5. Apply for grants to obtain funding for research
133 conducted by the coalition.
134 6. Perform other duties as determined by the board.
135 (d) The board shall advise the Board of Governors, the
136 State Surgeon General, the Governor, and the Legislature with
137 respect to medicinal cannabis research and education in this
138 state. The board shall explore methods of implementing and
139 enforcing medicinal cannabis laws in relation to cancer control,
140 research, treatment, and education.
141 (e) The board shall annually adopt a plan for medicinal
142 cannabis research, known as the “Medicinal Cannabis Research and
143 Education Plan,” which must be in accordance with state law and
144 coordinate with existing programs in this state. The plan must
145 include recommendations for the coordination and integration of
146 medical, nursing, paramedical, community, and other resources
147 connected with the treatment of debilitating medical conditions,
148 research related to the treatment of such medical conditions,
149 and education.
150 (f) By February 15 of each year, the board shall issue a
151 report to the Governor, the President of the Senate, and the
152 Speaker of the House of Representatives on research projects,
153 community outreach initiatives, and future plans for the
154 coalition.
155 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
156 AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center
157 and Research Institute, Inc., shall allocate staff, information,
158 and assistance, as the coalition’s budget permits, to assist the
159 board in fulfilling its responsibilities.
160 Section 2. This act shall take effect July 1, 2017.