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.