Florida Senate - 2018 SB 726
By Senator Farmer
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
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
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
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.
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.
92 (5) MEDICAL MARIJUANA USE REGISTRY.—
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
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.
115 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
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
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
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
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
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
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
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,
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
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.