Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. SB 8-A, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/3R         .                                
             06/09/2017 10:38 AM       .                                

       Senator Simpson moved the following:
    1         Senate Amendment 
    3         Delete lines 1042 - 1095
    4  and insert:
    5         b. Comply with department rules when processing marijuana
    6  with hydrocarbon solvents or other solvents or gases exhibiting
    7  potential toxicity to humans. The department shall determine by
    8  rule the requirements for medical marijuana treatment centers to
    9  use such solvents or gases exhibiting potential toxicity to
   10  humans.
   11         c. Comply with federal and state laws and regulations and
   12  department rules for solid and liquid wastes. The department
   13  shall determine by rule procedures for the storage, handling,
   14  transportation, management, and disposal of solid and liquid
   15  waste generated during marijuana production and processing. The
   16  Department of Environmental Protection shall assist the
   17  department in developing such rules.
   18         d. Test the processed marijuana using a medical marijuana
   19  testing laboratory before it is dispensed. Results must be
   20  verified and signed by two medical marijuana treatment center
   21  employees. Before dispensing, the medical marijuana treatment
   22  center must determine that the test results indicate that low
   23  THC cannabis meets the definition of low-THC cannabis, the
   24  concentration of tetrahydrocannabinol meets the potency
   25  requirements of this section, the labeling of the concentration
   26  of tetrahydrocannabinol and cannabidiol is accurate, and all
   27  marijuana is safe for human consumption and free from
   28  contaminants that are unsafe for human consumption. The
   29  department shall determine by rule which contaminants must be
   30  tested for and the maximum levels of each contaminant which are
   31  safe for human consumption. The Department of Agriculture and
   32  Consumer Services shall assist the department in developing the
   33  testing requirements for contaminants that are unsafe for human
   34  consumption in edibles. The department shall also determine by
   35  rule the procedures for the treatment of marijuana that fails to
   36  meet the testing requirements of this section, s. 381.988, or
   37  department rule. The department may select a random sample from
   38  edibles available for purchase in a dispensing facility which
   39  shall be tested by the department to determine that the edible
   40  meets the potency requirements of this section, is safe for
   41  human consumption, and the labeling of the tetrahydrocannabinol
   42  and cannabidiol concentration is accurate. A medical marijuana
   43  treatment center may not require payment from the department for
   44  the sample. A medical marijuana treatment center must recall
   45  edibles, including all edibles made from the same batch of
   46  marijuana, which fail to meet the potency requirements of this
   47  section, which are unsafe for human consumption, or for which
   48  the labeling of the tetrahydrocannabinol and cannabidiol
   49  concentration is inaccurate. The medical marijuana treatment
   50  center must retain records of all testing and samples of each
   51  homogenous batch of marijuana for at least 9 months. The medical
   52  marijuana treatment center must contract with a marijuana
   53  testing laboratory to perform audits on the medical marijuana
   54  treatment center’s standard operating procedures, testing
   55  records, and samples and provide the results to the department
   56  to confirm that the marijuana or low-THC cannabis meets the
   57  requirements of this section and that the marijuana or low-THC
   58  cannabis is safe for human consumption. A medical marijuana
   59  treatment center shall reserve two processed samples from each
   60  batch and retain such samples for at least 9 months for the
   61  purpose of such audits. A medical marijuana treatment center may
   62  use a laboratory that has not been certified by the department
   63  under s. 381.988 until such time as at least one laboratory
   64  holds the required certification, but in no event later than
   65  July 1, 2018.
   66         e.Package the marijuana in compliance with the United
   67  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
   68  1471 et seq.
   69         f.Package the marijuana in a receptacle that has a firmly