Florida Senate - 2016 SB 460 By Senator Bradley 7-00574A-16 2016460__ 1 A bill to be entitled 2 An act relating to experimental treatments for 3 terminal conditions; amending s. 499.0295, F.S.; 4 revising the definition of the term “investigational 5 drug, biological product, or device”; providing for 6 eligible patients or their legal representatives to 7 purchase and possess cannabis for medical use; 8 authorizing certain licensed dispensing organizations 9 to manufacture, possess, sell, deliver, distribute, 10 dispense, and dispose of cannabis; exempting such 11 organizations from specified laws; defining terms; 12 providing applicability; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (b) of subsection (2) of section 17 499.0295, Florida Statutes, is amended, and subsection (10) is 18 added to that section, to read: 19 499.0295 Experimental treatments for terminal conditions.— 20 (2) As used in this section, the term: 21 (b) “Investigational drug, biological product, or device” 22 means: 23 1. A drug, biological product, or device that has 24 successfully completed phase 1 of a clinical trial but has not 25 been approved for general use by the United States Food and Drug 26 Administration and remains under investigation in a clinical 27 trial approved by the United States Food and Drug 28 Administration; or 29 2. Cannabis that is manufactured and sold by an approved 30 dispensing organization as defined in s. 381.986. 31 (10)(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, 32 or any other provision of law, but subject to the requirements 33 of this section, an eligible patient and the eligible patient’s 34 legal representative may purchase and possess cannabis for the 35 patient’s medical use. 36 (b) An eligible patient and the eligible patient’s legal 37 representative may obtain cannabis only from an approved 38 dispensing organization as defined in s. 381.986. 39 (c) Notwithstanding s. 381.986, s. 893.13, s. 893.135, s. 40 893.147, or any other provision of law, but subject to the 41 requirements of this section, an approved dispensing 42 organization as defined in s. 381.986 and its owners, managers, 43 and employees may manufacture, possess, sell, deliver, 44 distribute, dispense, and lawfully dispose of cannabis. 45 (d) An approved dispensing organization as defined in s. 46 381.986 and its owners, managers, and employees are not subject 47 to licensure or regulation under chapter 465 for manufacturing, 48 possessing, selling, delivering, distributing, dispensing, or 49 lawfully disposing of cannabis. As used in this subsection, the 50 terms “manufacture,” “possession,” “deliver,” “distribute,” and 51 “dispense” have the same meanings as provided in s. 893.02. 52 (e) This section does not impair the license of an approved 53 dispensing organization under s. 381.986. 54 Section 2. This act shall take effect July 1, 2016.