Florida Senate - 2018                                     SB 726
       By Senator Farmer
       34-00319A-18                                           2018726__
    1                        A bill to be entitled                      
    2         An act relating to smoking marijuana for medical use;
    3         amending s. 381.986, F.S.; redefining terms to
    4         authorize the production, processing, transportation,
    5         sale, possession, and administration of marijuana in a
    6         form for smoking for medical use; removing the
    7         requirement that a marijuana delivery device be
    8         dispensed from a medical marijuana treatment center;
    9         deleting a provision requiring specified parties to be
   10         able to access the medical marijuana use registry to
   11         verify the authorization of a qualified patient or a
   12         caregiver to possess a marijuana delivery device;
   13         removing the requirement that a caregiver be in
   14         immediate possession of his or her medical marijuana
   15         use registry identification card when in possession of
   16         a marijuana delivery device; deleting provisions
   17         prohibiting a medical marijuana treatment center from
   18         contracting for certain services related to marijuana
   19         delivery devices; conforming provisions to changes
   20         made by the act; removing a requirement that at least
   21         two persons be in a vehicle transporting marijuana
   22         delivery devices; removing the requirement that safety
   23         and security training be provided to employees
   24         transporting or delivering marijuana delivery devices;
   25         revising grounds for a criminal penalty to remove a
   26         requirement that a qualified patient or caregiver
   27         present his or her medical marijuana use registry
   28         identification card when in possession of a marijuana
   29         delivery device under certain circumstances; providing
   30         an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Paragraphs (g), (j), (k), and (n) of subsection
   35  (1), paragraph (a) of subsection (5), paragraph (g) of
   36  subsection (6), paragraphs (e) and (g) of subsection (8), and
   37  paragraph (e) of subsection (12) of section 381.986, Florida
   38  Statutes, are amended to read:
   39         381.986 Medical use of marijuana.—
   40         (1) DEFINITIONS.—As used in this section, the term:
   41         (g) “Marijuana delivery device” means an object in the
   42  possession of a caregiver or a qualified patient which is used,
   43  intended for use, or designed for use in preparing, storing,
   44  ingesting, burning, or inhaling marijuana, or otherwise
   45  introducing marijuana into the human body, and which is
   46  dispensed from a medical marijuana treatment center for medical
   47  use by a qualified patient. The term includes, but is not
   48  limited to, a cartridge, a grinder, a pipe, rolling papers, a
   49  syringe, or a vaporizer.
   50         (j) “Medical use” means the acquisition, possession, use,
   51  delivery, transfer, or administration of marijuana authorized by
   52  a physician certification.
   53         1. The term includes possession, use, or administration of
   54  marijuana in a form for smoking.
   55         2. The term does not include:
   56         a.1. Possession, use, or administration of marijuana that
   57  was not purchased or acquired from a medical marijuana treatment
   58  center.
   59         b.2. Possession, use, or administration of marijuana in a
   60  form for smoking, in the form of commercially produced food
   61  items other than edibles, or of marijuana seeds or flower,
   62  except for flower in a sealed, tamper-proof receptacle for
   63  vaping.
   64         c.3. Use or administration of any form or amount of
   65  marijuana in a manner that is inconsistent with the qualified
   66  physician’s directions or physician certification.
   67         d.4. Transfer of marijuana to a person other than the
   68  qualified patient for whom it was authorized or the qualified
   69  patient’s caregiver on behalf of the qualified patient.
   70         e.5. Use or administration of marijuana in the following
   71  locations:
   72         (I)a. On any form of public transportation, except for low
   73  THC cannabis.
   74         (II)b. In any public place, except for low-THC cannabis.
   75         (III)c. In a qualified patient’s place of employment,
   76  except when permitted by his or her employer.
   77         (IV)d. In a state correctional institution, as defined in
   78  s. 944.02, or a correctional institution, as defined in s.
   79  944.241.
   80         (V)e. On the grounds of a preschool, primary school, or
   81  secondary school, except as provided in s. 1006.062.
   82         (VI)f. In a school bus, a vehicle, an aircraft, or a
   83  motorboat, except for low-THC cannabis.
   84         (k) “Physician certification” means a qualified physician’s
   85  authorization for a qualified patient to receive marijuana and a
   86  marijuana delivery device from a medical marijuana treatment
   87  center or marijuana delivery devices needed by the qualified
   88  patient for medical use.
   89         (n) “Smoking” means the inhalation of the smoke of burning
   90  marijuana contained or held in a marijuana delivery device or
   91  igniting a substance and inhaling the smoke.
   93         (a) The department shall create and maintain a secure,
   94  electronic, and online medical marijuana use registry for
   95  physicians, patients, and caregivers as provided under this
   96  section. The medical marijuana use registry must be accessible
   97  to law enforcement agencies, qualified physicians, and medical
   98  marijuana treatment centers to verify the authorization of a
   99  qualified patient or a caregiver to possess marijuana or a
  100  marijuana delivery device and record the marijuana or marijuana
  101  delivery device dispensed. The medical marijuana use registry
  102  must also be accessible to practitioners licensed to prescribe
  103  prescription drugs to ensure proper care for patients before
  104  medications that may interact with the medical use of marijuana
  105  are prescribed. The medical marijuana use registry must prevent
  106  an active registration of a qualified patient by multiple
  107  physicians.
  108         (6) CAREGIVERS.—
  109         (g) A caregiver must be in immediate possession of his or
  110  her medical marijuana use registry identification card at all
  111  times when in possession of marijuana or a marijuana delivery
  112  device and must present his or her medical marijuana use
  113  registry identification card upon the request of a law
  114  enforcement officer.
  116         (e) A licensed medical marijuana treatment center shall
  117  cultivate, process, transport, and dispense marijuana for
  118  medical use. A licensed medical marijuana treatment center may
  119  not contract for services directly related to the cultivation,
  120  processing, and dispensing of marijuana or marijuana delivery
  121  devices, except that a medical marijuana treatment center
  122  licensed pursuant to subparagraph (a)1. may contract with a
  123  single entity for the cultivation, processing, transporting, and
  124  dispensing of marijuana and marijuana delivery devices. A
  125  licensed medical marijuana treatment center must, at all times,
  126  maintain compliance with the criteria demonstrated and
  127  representations made in the initial application and the criteria
  128  established in this subsection. Upon request, the department may
  129  grant a medical marijuana treatment center a variance from the
  130  representations made in the initial application. Consideration
  131  of such a request shall be based upon the individual facts and
  132  circumstances surrounding the request. A variance may not be
  133  granted unless the requesting medical marijuana treatment center
  134  can demonstrate to the department that it has a proposed
  135  alternative to the specific representation made in its
  136  application which fulfills the same or a similar purpose as the
  137  specific representation in a way that the department can
  138  reasonably determine will not be a lower standard than the
  139  specific representation in the application. A variance may not
  140  be granted from the requirements in subparagraph 2. and
  141  subparagraphs (b)1. and 2.
  142         1. A licensed medical marijuana treatment center may
  143  transfer ownership to an individual or entity who meets the
  144  requirements of this section. A publicly traded corporation or
  145  publicly traded company that meets the requirements of this
  146  section is not precluded from ownership of a medical marijuana
  147  treatment center. To accommodate a change in ownership:
  148         a. The licensed medical marijuana treatment center shall
  149  notify the department in writing at least 60 days before the
  150  anticipated date of the change of ownership.
  151         b. The individual or entity applying for initial licensure
  152  due to a change of ownership must submit an application that
  153  must be received by the department at least 60 days before the
  154  date of change of ownership.
  155         c. Upon receipt of an application for a license, the
  156  department shall examine the application and, within 30 days
  157  after receipt, notify the applicant in writing of any apparent
  158  errors or omissions and request any additional information
  159  required.
  160         d. Requested information omitted from an application for
  161  licensure must be filed with the department within 21 days after
  162  the department’s request for omitted information or the
  163  application shall be deemed incomplete and shall be withdrawn
  164  from further consideration and the fees shall be forfeited.
  166  Within 30 days after the receipt of a complete application, the
  167  department shall approve or deny the application.
  168         2. A medical marijuana treatment center, and any individual
  169  or entity who directly or indirectly owns, controls, or holds
  170  with power to vote 5 percent or more of the voting shares of a
  171  medical marijuana treatment center, may not acquire direct or
  172  indirect ownership or control of any voting shares or other form
  173  of ownership of any other medical marijuana treatment center.
  174         3. A medical marijuana treatment center may not enter into
  175  any form of profit-sharing arrangement with the property owner
  176  or lessor of any of its facilities where cultivation,
  177  processing, storing, or dispensing of marijuana and marijuana
  178  delivery devices occurs.
  179         4. All employees of a medical marijuana treatment center
  180  must be 21 years of age or older and have passed a background
  181  screening pursuant to subsection (9).
  182         5. Each medical marijuana treatment center must adopt and
  183  enforce policies and procedures to ensure employees and
  184  volunteers receive training on the legal requirements to
  185  dispense marijuana to qualified patients.
  186         6. When growing marijuana, a medical marijuana treatment
  187  center:
  188         a. May use pesticides determined by the department, after
  189  consultation with the Department of Agriculture and Consumer
  190  Services, to be safely applied to plants intended for human
  191  consumption, but may not use pesticides designated as
  192  restricted-use pesticides pursuant to s. 487.042.
  193         b. Must grow marijuana within an enclosed structure and in
  194  a room separate from any other plant.
  195         c. Must inspect seeds and growing plants for plant pests
  196  that endanger or threaten the horticultural and agricultural
  197  interests of the state in accordance with chapter 581 and any
  198  rules adopted thereunder.
  199         d. Must perform fumigation or treatment of plants, or
  200  remove and destroy infested or infected plants, in accordance
  201  with chapter 581 and any rules adopted thereunder.
  202         7. Each medical marijuana treatment center must produce and
  203  make available for purchase at least one low-THC cannabis
  204  product.
  205         8. A medical marijuana treatment center that produces
  206  edibles must hold a permit to operate as a food establishment
  207  pursuant to chapter 500, the Florida Food Safety Act, and must
  208  comply with all the requirements for food establishments
  209  pursuant to chapter 500 and any rules adopted thereunder.
  210  Edibles may not contain more than 200 milligrams of
  211  tetrahydrocannabinol, and a single serving portion of an edible
  212  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  213  may have a potency variance of no greater than 15 percent.
  214  Edibles may not be attractive to children; be manufactured in
  215  the shape of humans, cartoons, or animals; be manufactured in a
  216  form that bears any reasonable resemblance to products available
  217  for consumption as commercially available candy; or contain any
  218  color additives. To discourage consumption of edibles by
  219  children, the department shall determine by rule any shapes,
  220  forms, and ingredients allowed and prohibited for edibles.
  221  Medical marijuana treatment centers may not begin processing or
  222  dispensing edibles until after the effective date of the rule.
  223  The department shall also adopt sanitation rules providing the
  224  standards and requirements for the storage, display, or
  225  dispensing of edibles.
  226         9. Within 12 months after licensure, a medical marijuana
  227  treatment center must demonstrate to the department that all of
  228  its processing facilities have passed a Food Safety Good
  229  Manufacturing Practices, such as Global Food Safety Initiative
  230  or equivalent, inspection by a nationally accredited certifying
  231  body. A medical marijuana treatment center must immediately stop
  232  processing at any facility which fails to pass this inspection
  233  until it demonstrates to the department that such facility has
  234  met this requirement.
  235         10. When processing marijuana, a medical marijuana
  236  treatment center must:
  237         a. Process the marijuana within an enclosed structure and
  238  in a room separate from other plants or products.
  239         b. Comply with department rules when processing marijuana
  240  with hydrocarbon solvents or other solvents or gases exhibiting
  241  potential toxicity to humans. The department shall determine by
  242  rule the requirements for medical marijuana treatment centers to
  243  use such solvents or gases exhibiting potential toxicity to
  244  humans.
  245         c. Comply with federal and state laws and regulations and
  246  department rules for solid and liquid wastes. The department
  247  shall determine by rule procedures for the storage, handling,
  248  transportation, management, and disposal of solid and liquid
  249  waste generated during marijuana production and processing. The
  250  Department of Environmental Protection shall assist the
  251  department in developing such rules.
  252         d. Test the processed marijuana using a medical marijuana
  253  testing laboratory before it is dispensed. Results must be
  254  verified and signed by two medical marijuana treatment center
  255  employees. Before dispensing, the medical marijuana treatment
  256  center must determine that the test results indicate that low
  257  THC cannabis meets the definition of low-THC cannabis, the
  258  concentration of tetrahydrocannabinol meets the potency
  259  requirements of this section, the labeling of the concentration
  260  of tetrahydrocannabinol and cannabidiol is accurate, and all
  261  marijuana is safe for human consumption and free from
  262  contaminants that are unsafe for human consumption. The
  263  department shall determine by rule which contaminants must be
  264  tested for and the maximum levels of each contaminant which are
  265  safe for human consumption. The Department of Agriculture and
  266  Consumer Services shall assist the department in developing the
  267  testing requirements for contaminants that are unsafe for human
  268  consumption in edibles. The department shall also determine by
  269  rule the procedures for the treatment of marijuana that fails to
  270  meet the testing requirements of this section, s. 381.988, or
  271  department rule. The department may select a random sample from
  272  edibles available for purchase in a dispensing facility which
  273  shall be tested by the department to determine that the edible
  274  meets the potency requirements of this section, is safe for
  275  human consumption, and the labeling of the tetrahydrocannabinol
  276  and cannabidiol concentration is accurate. A medical marijuana
  277  treatment center may not require payment from the department for
  278  the sample. A medical marijuana treatment center must recall
  279  edibles, including all edibles made from the same batch of
  280  marijuana, which fail to meet the potency requirements of this
  281  section, which are unsafe for human consumption, or for which
  282  the labeling of the tetrahydrocannabinol and cannabidiol
  283  concentration is inaccurate. The medical marijuana treatment
  284  center must retain records of all testing and samples of each
  285  homogenous batch of marijuana for at least 9 months. The medical
  286  marijuana treatment center must contract with a marijuana
  287  testing laboratory to perform audits on the medical marijuana
  288  treatment center’s standard operating procedures, testing
  289  records, and samples and provide the results to the department
  290  to confirm that the marijuana or low-THC cannabis meets the
  291  requirements of this section and that the marijuana or low-THC
  292  cannabis is safe for human consumption. A medical marijuana
  293  treatment center shall reserve two processed samples from each
  294  batch and retain such samples for at least 9 months for the
  295  purpose of such audits. A medical marijuana treatment center may
  296  use a laboratory that has not been certified by the department
  297  under s. 381.988 until such time as at least one laboratory
  298  holds the required certification, but in no event later than
  299  July 1, 2018.
  300         e. Package the marijuana in compliance with the United
  301  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  302  1471 et seq.
  303         f. Package the marijuana in a receptacle that has a firmly
  304  affixed and legible label stating the following information:
  305         (I) The marijuana or low-THC cannabis meets the
  306  requirements of sub-subparagraph d.
  307         (II) The name of the medical marijuana treatment center
  308  from which the marijuana originates.
  309         (III) The batch number and harvest number from which the
  310  marijuana originates and the date dispensed.
  311         (IV) The name of the physician who issued the physician
  312  certification.
  313         (V) The name of the patient.
  314         (VI) The product name, if applicable, and dosage form,
  315  including concentration of tetrahydrocannabinol and cannabidiol.
  316  The product name may not contain wording commonly associated
  317  with products marketed by or to children.
  318         (VII) The recommended dose.
  319         (VIII) A warning that it is illegal to transfer medical
  320  marijuana to another person.
  321         (IX) A marijuana universal symbol developed by the
  322  department.
  323         11. The medical marijuana treatment center shall include in
  324  each package a patient package insert with information on the
  325  specific product dispensed related to:
  326         a. Clinical pharmacology.
  327         b. Indications and use.
  328         c. Dosage and administration.
  329         d. Dosage forms and strengths.
  330         e. Contraindications.
  331         f. Warnings and precautions.
  332         g. Adverse reactions.
  333         12. Each edible shall be individually sealed in plain,
  334  opaque wrapping marked only with the marijuana universal symbol.
  335  Where practical, each edible shall be marked with the marijuana
  336  universal symbol. In addition to the packaging and labeling
  337  requirements in subparagraphs 10. and 11., edible receptacles
  338  must be plain, opaque, and white without depictions of the
  339  product or images other than the medical marijuana treatment
  340  center’s department-approved logo and the marijuana universal
  341  symbol. The receptacle must also include a list all of the
  342  edible’s ingredients, storage instructions, an expiration date,
  343  a legible and prominent warning to keep away from children and
  344  pets, and a warning that the edible has not been produced or
  345  inspected pursuant to federal food safety laws.
  346         13. When dispensing marijuana or a marijuana delivery
  347  device, a medical marijuana treatment center:
  348         a. May dispense any active, valid order for low-THC
  349  cannabis, medical cannabis and cannabis delivery devices issued
  350  pursuant to former s. 381.986, Florida Statutes 2016, which was
  351  entered into the medical marijuana use registry before July 1,
  352  2017.
  353         b. May not dispense more than a 70-day supply of marijuana
  354  to a qualified patient or caregiver.
  355         c. Must have the medical marijuana treatment center’s
  356  employee who dispenses the marijuana or a marijuana delivery
  357  device enter into the medical marijuana use registry his or her
  358  name or unique employee identifier.
  359         d. Must verify that the qualified patient and the
  360  caregiver, if applicable, each have an active registration in
  361  the medical marijuana use registry and an active and valid
  362  medical marijuana use registry identification card, the amount
  363  and type of marijuana dispensed matches the physician
  364  certification in the medical marijuana use registry for that
  365  qualified patient, and the physician certification has not
  366  already been filled.
  367         e. May not dispense marijuana to a qualified patient who is
  368  younger than 18 years of age. If the qualified patient is
  369  younger than 18 years of age, marijuana may only be dispensed to
  370  the qualified patient’s caregiver.
  371         f. May not dispense or sell any other type of cannabis,
  372  alcohol, or illicit drug-related product, including pipes,
  373  bongs, or wrapping papers, other than a marijuana delivery
  374  device required for the medical use of marijuana as and which is
  375  specified in a physician certification.
  376         g. Must, upon dispensing the marijuana or marijuana
  377  delivery device, record in the registry the date, time,
  378  quantity, and form of marijuana dispensed; the type of marijuana
  379  delivery device dispensed; and the name and medical marijuana
  380  use registry identification number of the qualified patient or
  381  caregiver to whom the marijuana delivery device was dispensed.
  382         h. Must ensure that patient records are not visible to
  383  anyone other than the qualified patient, his or her caregiver,
  384  and authorized medical marijuana treatment center employees.
  385         (g) To ensure the safe transport of marijuana and marijuana
  386  delivery devices to medical marijuana treatment centers,
  387  marijuana testing laboratories, or qualified patients, a medical
  388  marijuana treatment center must:
  389         1. Maintain a marijuana transportation manifest in any
  390  vehicle transporting marijuana. The marijuana transportation
  391  manifest must be generated from a medical marijuana treatment
  392  center’s seed-to-sale tracking system and include the:
  393         a. Departure date and approximate time of departure.
  394         b. Name, location address, and license number of the
  395  originating medical marijuana treatment center.
  396         c. Name and address of the recipient of the delivery.
  397         d. Quantity and form of any marijuana or marijuana delivery
  398  device being transported.
  399         e. Arrival date and estimated time of arrival.
  400         f. Delivery vehicle make and model and license plate
  401  number.
  402         g. Name and signature of the medical marijuana treatment
  403  center employees delivering the product.
  404         (I) A copy of the marijuana transportation manifest must be
  405  provided to each individual, medical marijuana treatment center,
  406  or marijuana testing laboratory that receives a delivery. The
  407  individual, or a representative of the center or laboratory,
  408  must sign a copy of the marijuana transportation manifest
  409  acknowledging receipt.
  410         (II) An individual transporting marijuana or a marijuana
  411  delivery device must present a copy of the relevant marijuana
  412  transportation manifest and his or her employee identification
  413  card to a law enforcement officer upon request.
  414         (III) Medical marijuana treatment centers and marijuana
  415  testing laboratories must retain copies of all marijuana
  416  transportation manifests for at least 3 years.
  417         2. Ensure only vehicles in good working order are used to
  418  transport marijuana.
  419         3. Lock marijuana and marijuana delivery devices in a
  420  separate compartment or container within the vehicle.
  421         4. Require employees to have possession of their employee
  422  identification card at all times when transporting marijuana or
  423  marijuana delivery devices.
  424         5. Require at least two persons to be in a vehicle
  425  transporting marijuana or marijuana delivery devices, and
  426  require at least one person to remain in the vehicle while the
  427  marijuana or marijuana delivery device is being delivered.
  428         6. Provide specific safety and security training to
  429  employees transporting or delivering marijuana and marijuana
  430  delivery devices.
  431         (12) PENALTIES.—
  432         (e)1. A qualified patient or caregiver in possession of
  433  marijuana or a marijuana delivery device who fails or refuses to
  434  present his or her marijuana use registry identification card
  435  upon the request of a law enforcement officer commits a
  436  misdemeanor of the second degree, punishable as provided in s.
  437  775.082 or s. 775.083, unless it can be determined through the
  438  medical marijuana use registry that the person is authorized to
  439  be in possession of that marijuana or marijuana delivery device.
  440         2. A person charged with a violation of this paragraph may
  441  not be convicted if, before or at the time of his or her court
  442  or hearing appearance, the person produces in court or to the
  443  clerk of the court in which the charge is pending a medical
  444  marijuana use registry identification card issued to him or her
  445  which is valid at the time of his or her arrest. The clerk of
  446  the court is authorized to dismiss such case at any time before
  447  the defendant’s appearance in court. The clerk of the court may
  448  assess a fee of $5 for dismissing the case under this paragraph.
  449         Section 2. This act shall take effect July 1, 2018.