Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 460
       
       
       
       
       
       
                                Ì643296EÎ643296                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  12/03/2015           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice (Soto)
       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.
   40         (e) As used in this subsection, the terms “manufacture,”
   41  “possession,” “deliver,” “distribute,” and “dispense” have the
   42  same meanings as provided in s. 893.02.
   43         (f) The Department of Health may adopt rules to administer
   44  this subsection.
   45  
   46  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   47  And the directory clause is amended as follows:
   48         Delete lines 16 - 17
   49  and insert:
   50         Section 1. Paragraphs (a) through (d) of subsection (2) of
   51  section 499.0295, Florida Statutes, are redesignated as
   52  paragraphs (b) through (e), respectively, present paragraph (b)
   53  of that subsection is amended, a new paragraph (a) is added to
   54  that subsection, and subsection (10) is
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete lines 4 - 12
   59  and insert:
   60         defining the term “dispensing organization”; revising
   61         the definition of the term “investigational drug,
   62         biological product, or device”; providing for eligible
   63         patients or their legal representatives to purchase
   64         cannabis from dispensing organizations and possess
   65         such cannabis for medical use; authorizing certain
   66         licensed dispensing organizations to manufacture,
   67         possess, sell, deliver, distribute, dispense, and
   68         dispose of cannabis; exempting dispensing
   69         organizations from specified laws; directing the
   70         Department of Health to approve the establishment of a
   71         limited number of dispensing organizations by a
   72         specified date; requiring applicants for approval as
   73         dispensing organizations to demonstrate they possess
   74         certain qualifications; authorizing the Department of
   75         Health to adopt rules; providing an effective date.