Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 460
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/04/2016           .                                
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       The Committee on Fiscal Policy (Abruzzo) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 21 - 53
    4  and insert:
    5         (a) “Dispensing organization” means an organization
    6  approved by the Department of Health under paragraph (10)(d) to
    7  cultivate, process, and dispense cannabis pursuant to this
    8  section.
    9         (c)(b) “Investigational drug, biological product, or
   10  device” means:
   11         1. A drug, biological product, or device that has
   12  successfully completed phase 1 of a clinical trial but has not
   13  been approved for general use by the United States Food and Drug
   14  Administration and remains under investigation in a clinical
   15  trial approved by the United States Food and Drug
   16  Administration; or
   17         2. Cannabis that is manufactured and sold by a dispensing
   18  organization.
   19         (10)(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
   20  or any other law, but subject to the requirements of this
   21  section, an eligible patient and the eligible patient’s legal
   22  representative may purchase cannabis from a dispensing
   23  organization and may possess such cannabis for the patient’s
   24  medical use.
   25         (b) Notwithstanding s. 381.986, s. 893.13, s. 893.135, s.
   26  893.147, or any other law, but subject to the requirements of
   27  this section, a dispensing organization and its owners,
   28  managers, and employees may manufacture, possess, sell, deliver,
   29  distribute, dispense, and lawfully dispose of cannabis.
   30         (c) A dispensing organization and its owners, managers, and
   31  employees are not subject to licensure or regulation under
   32  chapter 465 for manufacturing, possessing, selling, delivering,
   33  distributing, dispensing, or lawfully disposing of cannabis.
   34         (d) By October 1, 2016, the Department of Health shall
   35  approve the establishment of 20 additional dispensing
   36  organizations to cultivate, process, and dispense cannabis
   37  pursuant to this section. An applicant for approval as a
   38  dispensing organization must demonstrate that it possesses the
   39  qualifications specified in s. 381.986(5)(b)2.-7 or that it is a
   40  recognized class member of Pigford v. Glickman, 182 F.R.D. 82
   41  (D.D.C. 1999) or In re Black Farmers Litig., 856 F. Supp. 2d 1
   42  (D.D.C. 2011) and a member of the Black Farmers and
   43  Agriculturalists Association.
   44         (e) As used in this subsection, the terms “manufacture,”
   45  “possession,” “deliver,” “distribute,” and “dispense” have the
   46  same meanings as provided in s. 893.02.
   47         (f) The Department of Health may adopt rules to administer
   48  this subsection.
   49  
   50  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   51  And the directory clause is amended as follows:
   52         Delete lines 16 - 17
   53  and insert:
   54         Section 1. Paragraphs (a) through (d) of subsection (2) of
   55  section 499.0295, Florida Statutes, are redesignated as
   56  paragraphs (b) through (e), respectively, present paragraph (b)
   57  of that subsection is amended, a new paragraph (a) is added to
   58  that subsection, and subsection (10) is
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete lines 4 - 12
   63  and insert:
   64         revising the definition of the term “investigational
   65         drug, biological product, or device”; providing for
   66         eligible patients or their legal representatives to
   67         purchase cannabis from dispensing organizations and
   68         possess such cannabis for medical use; authorizing
   69         certain licensed dispensing organizations to
   70         manufacture, possess, sell, deliver, distribute,
   71         dispense, and dispose of cannabis; exempting
   72         dispensing organizations from specified laws;
   73         directing the Department of Health to approve the
   74         establishment of a limited number of dispensing
   75         organizations by a specified date; requiring
   76         applicants for approval as dispensing organizations to
   77         demonstrate they possess certain qualifications;
   78         authorizing the Department of Health to adopt rules;
   79         providing an effective date.