Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 182
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Innovation, Industry, and Technology (Brandes)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (g) and (j) of subsection (1),
    6  paragraph (a) of subsection (4), paragraph (e) of subsection
    7  (8), subsection (14), and subsection (15) of section 381.986,
    8  Florida Statutes, are amended to read:
    9         381.986 Medical use of marijuana.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (g) “Marijuana delivery device” means an object used,
   12  intended for use, or designed for use in preparing, storing,
   13  ingesting, inhaling, or otherwise introducing marijuana into the
   14  human body, and which is dispensed from a medical marijuana
   15  treatment center for medical use by a qualified patient, except
   16  that delivery devices intended for the medical use of marijuana
   17  by smoking need not be dispensed from a medical marijuana
   18  treatment center in order to qualify as marijuana delivery
   19  devices.
   20         (j) “Medical use” means the acquisition, possession, use,
   21  delivery, transfer, or administration of marijuana authorized by
   22  a physician certification. The term does not include:
   23         1. Possession, use, or administration of marijuana that was
   24  not purchased or acquired from a medical marijuana treatment
   25  center.
   26         2. Possession, use, or administration of marijuana in a
   27  form for smoking, in the form of commercially produced food
   28  items other than edibles, or of marijuana seeds or flower,
   29  except for flower in a sealed, tamper-proof receptacle for
   30  vaping.
   31         3. Use or administration of any form or amount of marijuana
   32  in a manner that is inconsistent with the qualified physician’s
   33  directions or physician certification.
   34         4. Transfer of marijuana to a person other than the
   35  qualified patient for whom it was authorized or the qualified
   36  patient’s caregiver on behalf of the qualified patient.
   37         5. The smoking of marijuana in an enclosed indoor workplace
   38  as defined in s. 386.203(5).
   39         6.5. Use or administration of marijuana in the following
   40  locations:
   41         a. On any form of public transportation, except for low-THC
   42  cannabis.
   43         b. In any public place, except for low-THC cannabis.
   44         c. In a qualified patient’s place of employment, except
   45  when permitted by his or her employer.
   46         d. In a state correctional institution, as defined in s.
   47  944.02, or a correctional institution, as defined in s. 944.241.
   48         e. On the grounds of a preschool, primary school, or
   49  secondary school, except as provided in s. 1006.062.
   50         f. In a school bus, a vehicle, an aircraft, or a motorboat,
   51  except for low-THC cannabis.
   53  For the purposes of this subparagraph, the exceptions for low
   54  THC cannabis do not include the smoking of low-THC cannabis.
   56         (a) A qualified physician may issue a physician
   57  certification only if the qualified physician:
   58         1. Conducted a physical examination while physically
   59  present in the same room as the patient and a full assessment of
   60  the medical history of the patient.
   61         2. Diagnosed the patient with at least one qualifying
   62  medical condition.
   63         3. Determined that the medical use of marijuana would
   64  likely outweigh the potential health risks for the patient, and
   65  such determination must be documented in the patient’s medical
   66  record. If a patient is younger than 18 years of age, a second
   67  physician must concur with this determination, and such
   68  concurrence must be documented in the patient’s medical record.
   69         4. Determined whether the patient is pregnant and
   70  documented such determination in the patient’s medical record. A
   71  physician may not issue a physician certification, except for
   72  low-THC cannabis, to a patient who is pregnant.
   73         5. Reviewed the patient’s controlled drug prescription
   74  history in the prescription drug monitoring program database
   75  established pursuant to s. 893.055.
   76         6. Reviews the medical marijuana use registry and confirmed
   77  that the patient does not have an active physician certification
   78  from another qualified physician.
   79         7. Registers as the issuer of the physician certification
   80  for the named qualified patient on the medical marijuana use
   81  registry in an electronic manner determined by the department,
   82  and:
   83         a. Enters into the registry the contents of the physician
   84  certification, including the patient’s qualifying condition and
   85  the dosage not to exceed the daily dose amount determined by the
   86  department, the amount and forms of marijuana authorized for the
   87  patient, and any types of marijuana delivery devices needed by
   88  the patient for the medical use of marijuana.
   89         b. Updates the registry within 7 days after any change is
   90  made to the original physician certification to reflect such
   91  change.
   92         c. Deactivates the registration of the qualified patient
   93  and the patient’s caregiver when the physician no longer
   94  recommends the medical use of marijuana for the patient.
   95         8. Obtains the voluntary and informed written consent of
   96  the patient for medical use of marijuana each time the qualified
   97  physician issues a physician certification for the patient,
   98  which shall be maintained in the patient’s medical record. The
   99  patient, or the patient’s parent or legal guardian if the
  100  patient is a minor, must sign the informed consent acknowledging
  101  that the qualified physician has sufficiently explained its
  102  content. The qualified physician must use a standardized
  103  informed consent form adopted in rule by the Board of Medicine
  104  and the Board of Osteopathic Medicine, which must include, at a
  105  minimum, information related to:
  106         a. The Federal Government’s classification of marijuana as
  107  a Schedule I controlled substance.
  108         b. The approval and oversight status of marijuana by the
  109  Food and Drug Administration.
  110         c. The current state of research on the efficacy of
  111  marijuana to treat the qualifying conditions set forth in this
  112  section.
  113         d. The potential for addiction.
  114         e. The potential effect that marijuana may have on a
  115  patient’s coordination, motor skills, and cognition, including a
  116  warning against operating heavy machinery, operating a motor
  117  vehicle, or engaging in activities that require a person to be
  118  alert or respond quickly.
  119         f. The potential side effects of marijuana use.
  120         g. The risks, benefits, and drug interactions of marijuana.
  121         h. The risks specifically associated with smoking
  122  marijuana.
  123         i.h. That the patient’s de-identified health information
  124  contained in the physician certification and medical marijuana
  125  use registry may be used for research purposes.
  127  For a patient not diagnosed with a terminal condition, if the
  128  patient is younger than 18 years of age and the certifying
  129  physician intends to certify the patient’s medical use of
  130  marijuana by way of smoking, the certifying physician must
  131  determine that smoking is the most effective means of
  132  administering medical marijuana for the patient and a second
  133  physician must concur with that determination. The second
  134  physician must be a pediatrician. Such determination and
  135  concurrence must be documented in the patient’s medical record.
  137         (e) A licensed medical marijuana treatment center shall
  138  cultivate, process, transport, and dispense marijuana for
  139  medical use. A licensed medical marijuana treatment center may
  140  not contract for services directly related to the cultivation,
  141  processing, and dispensing of marijuana or marijuana delivery
  142  devices, except that a medical marijuana treatment center
  143  licensed pursuant to subparagraph (a)1. may contract with a
  144  single entity for the cultivation, processing, transporting, and
  145  dispensing of marijuana and marijuana delivery devices. A
  146  licensed medical marijuana treatment center must, at all times,
  147  maintain compliance with the criteria demonstrated and
  148  representations made in the initial application and the criteria
  149  established in this subsection. Upon request, the department may
  150  grant a medical marijuana treatment center a variance from the
  151  representations made in the initial application. Consideration
  152  of such a request shall be based upon the individual facts and
  153  circumstances surrounding the request. A variance may not be
  154  granted unless the requesting medical marijuana treatment center
  155  can demonstrate to the department that it has a proposed
  156  alternative to the specific representation made in its
  157  application which fulfills the same or a similar purpose as the
  158  specific representation in a way that the department can
  159  reasonably determine will not be a lower standard than the
  160  specific representation in the application. A variance may not
  161  be granted from the requirements in subparagraph 2. and
  162  subparagraphs (b)1. and 2.
  163         1. A licensed medical marijuana treatment center may
  164  transfer ownership to an individual or entity who meets the
  165  requirements of this section. A publicly traded corporation or
  166  publicly traded company that meets the requirements of this
  167  section is not precluded from ownership of a medical marijuana
  168  treatment center. To accommodate a change in ownership:
  169         a. The licensed medical marijuana treatment center shall
  170  notify the department in writing at least 60 days before the
  171  anticipated date of the change of ownership.
  172         b. The individual or entity applying for initial licensure
  173  due to a change of ownership must submit an application that
  174  must be received by the department at least 60 days before the
  175  date of change of ownership.
  176         c. Upon receipt of an application for a license, the
  177  department shall examine the application and, within 30 days
  178  after receipt, notify the applicant in writing of any apparent
  179  errors or omissions and request any additional information
  180  required.
  181         d. Requested information omitted from an application for
  182  licensure must be filed with the department within 21 days after
  183  the department’s request for omitted information or the
  184  application shall be deemed incomplete and shall be withdrawn
  185  from further consideration and the fees shall be forfeited.
  187  Within 30 days after the receipt of a complete application, the
  188  department shall approve or deny the application.
  189         2. A medical marijuana treatment center, and any individual
  190  or entity who directly or indirectly owns, controls, or holds
  191  with power to vote 5 percent or more of the voting shares of a
  192  medical marijuana treatment center, may not acquire direct or
  193  indirect ownership or control of any voting shares or other form
  194  of ownership of any other medical marijuana treatment center.
  195         3. A medical marijuana treatment center may not enter into
  196  any form of profit-sharing arrangement with the property owner
  197  or lessor of any of its facilities where cultivation,
  198  processing, storing, or dispensing of marijuana and marijuana
  199  delivery devices occurs.
  200         4. All employees of a medical marijuana treatment center
  201  must be 21 years of age or older and have passed a background
  202  screening pursuant to subsection (9).
  203         5. Each medical marijuana treatment center must adopt and
  204  enforce policies and procedures to ensure employees and
  205  volunteers receive training on the legal requirements to
  206  dispense marijuana to qualified patients.
  207         6. When growing marijuana, a medical marijuana treatment
  208  center:
  209         a. May use pesticides determined by the department, after
  210  consultation with the Department of Agriculture and Consumer
  211  Services, to be safely applied to plants intended for human
  212  consumption, but may not use pesticides designated as
  213  restricted-use pesticides pursuant to s. 487.042.
  214         b. Must grow marijuana within an enclosed structure and in
  215  a room separate from any other plant.
  216         c. Must inspect seeds and growing plants for plant pests
  217  that endanger or threaten the horticultural and agricultural
  218  interests of the state in accordance with chapter 581 and any
  219  rules adopted thereunder.
  220         d. Must perform fumigation or treatment of plants, or
  221  remove and destroy infested or infected plants, in accordance
  222  with chapter 581 and any rules adopted thereunder.
  223         7. Each medical marijuana treatment center must produce and
  224  make available for purchase at least one low-THC cannabis
  225  product.
  226         8. A medical marijuana treatment center that produces
  227  edibles must hold a permit to operate as a food establishment
  228  pursuant to chapter 500, the Florida Food Safety Act, and must
  229  comply with all the requirements for food establishments
  230  pursuant to chapter 500 and any rules adopted thereunder.
  231  Edibles may not contain more than 200 milligrams of
  232  tetrahydrocannabinol, and a single serving portion of an edible
  233  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  234  may have a potency variance of no greater than 15 percent.
  235  Edibles may not be attractive to children; be manufactured in
  236  the shape of humans, cartoons, or animals; be manufactured in a
  237  form that bears any reasonable resemblance to products available
  238  for consumption as commercially available candy; or contain any
  239  color additives. To discourage consumption of edibles by
  240  children, the department shall determine by rule any shapes,
  241  forms, and ingredients allowed and prohibited for edibles.
  242  Medical marijuana treatment centers may not begin processing or
  243  dispensing edibles until after the effective date of the rule.
  244  The department shall also adopt sanitation rules providing the
  245  standards and requirements for the storage, display, or
  246  dispensing of edibles.
  247         9. Within 12 months after licensure, a medical marijuana
  248  treatment center must demonstrate to the department that all of
  249  its processing facilities have passed a Food Safety Good
  250  Manufacturing Practices, such as Global Food Safety Initiative
  251  or equivalent, inspection by a nationally accredited certifying
  252  body. A medical marijuana treatment center must immediately stop
  253  processing at any facility which fails to pass this inspection
  254  until it demonstrates to the department that such facility has
  255  met this requirement.
  256         10. When processing marijuana, a medical marijuana
  257  treatment center must:
  258         a. Process the marijuana within an enclosed structure and
  259  in a room separate from other plants or products.
  260         b. Comply with department rules when processing marijuana
  261  with hydrocarbon solvents or other solvents or gases exhibiting
  262  potential toxicity to humans. The department shall determine by
  263  rule the requirements for medical marijuana treatment centers to
  264  use such solvents or gases exhibiting potential toxicity to
  265  humans.
  266         c. Comply with federal and state laws and regulations and
  267  department rules for solid and liquid wastes. The department
  268  shall determine by rule procedures for the storage, handling,
  269  transportation, management, and disposal of solid and liquid
  270  waste generated during marijuana production and processing. The
  271  Department of Environmental Protection shall assist the
  272  department in developing such rules.
  273         d. Test the processed marijuana using a medical marijuana
  274  testing laboratory before it is dispensed. Results must be
  275  verified and signed by two medical marijuana treatment center
  276  employees. Before dispensing, the medical marijuana treatment
  277  center must determine that the test results indicate that low
  278  THC cannabis meets the definition of low-THC cannabis, the
  279  concentration of tetrahydrocannabinol meets the potency
  280  requirements of this section, the labeling of the concentration
  281  of tetrahydrocannabinol and cannabidiol is accurate, and all
  282  marijuana is safe for human consumption and free from
  283  contaminants that are unsafe for human consumption. The
  284  department shall determine by rule which contaminants must be
  285  tested for and the maximum levels of each contaminant which are
  286  safe for human consumption. The Department of Agriculture and
  287  Consumer Services shall assist the department in developing the
  288  testing requirements for contaminants that are unsafe for human
  289  consumption in edibles. The department shall also determine by
  290  rule the procedures for the treatment of marijuana that fails to
  291  meet the testing requirements of this section, s. 381.988, or
  292  department rule. The department may select a random sample from
  293  edibles available for purchase in a dispensing facility which
  294  shall be tested by the department to determine that the edible
  295  meets the potency requirements of this section, is safe for
  296  human consumption, and the labeling of the tetrahydrocannabinol
  297  and cannabidiol concentration is accurate. A medical marijuana
  298  treatment center may not require payment from the department for
  299  the sample. A medical marijuana treatment center must recall
  300  edibles, including all edibles made from the same batch of
  301  marijuana, which fail to meet the potency requirements of this
  302  section, which are unsafe for human consumption, or for which
  303  the labeling of the tetrahydrocannabinol and cannabidiol
  304  concentration is inaccurate. The medical marijuana treatment
  305  center must retain records of all testing and samples of each
  306  homogenous batch of marijuana for at least 9 months. The medical
  307  marijuana treatment center must contract with a marijuana
  308  testing laboratory to perform audits on the medical marijuana
  309  treatment center’s standard operating procedures, testing
  310  records, and samples and provide the results to the department
  311  to confirm that the marijuana or low-THC cannabis meets the
  312  requirements of this section and that the marijuana or low-THC
  313  cannabis is safe for human consumption. A medical marijuana
  314  treatment center shall reserve two processed samples from each
  315  batch and retain such samples for at least 9 months for the
  316  purpose of such audits. A medical marijuana treatment center may
  317  use a laboratory that has not been certified by the department
  318  under s. 381.988 until such time as at least one laboratory
  319  holds the required certification, but in no event later than
  320  July 1, 2018.
  321         e. Package the marijuana in compliance with the United
  322  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  323  1471 et seq.
  324         f. Package the marijuana in a receptacle that has a firmly
  325  affixed and legible label stating the following information:
  326         (I) The marijuana or low-THC cannabis meets the
  327  requirements of sub-subparagraph d.
  328         (II) The name of the medical marijuana treatment center
  329  from which the marijuana originates.
  330         (III) The batch number and harvest number from which the
  331  marijuana originates and the date dispensed.
  332         (IV) The name of the physician who issued the physician
  333  certification.
  334         (V) The name of the patient.
  335         (VI) The product name, if applicable, and dosage form,
  336  including concentration of tetrahydrocannabinol and cannabidiol.
  337  The product name may not contain wording commonly associated
  338  with products marketed by or to children.
  339         (VII) The recommended dose.
  340         (VIII) A warning that it is illegal to transfer medical
  341  marijuana to another person.
  342         (IX) A marijuana universal symbol developed by the
  343  department.
  344         11. The medical marijuana treatment center shall include in
  345  each package a patient package insert with information on the
  346  specific product dispensed related to:
  347         a. Clinical pharmacology.
  348         b. Indications and use.
  349         c. Dosage and administration.
  350         d. Dosage forms and strengths.
  351         e. Contraindications.
  352         f. Warnings and precautions.
  353         g. Adverse reactions.
  354         12.In addition to the packaging and labeling requirements
  355  in subparagraphs 10. and 11., marijuana in a form for smoking
  356  must be packaged in a sealed receptacle with a legible and
  357  prominent warning to keep away from children and a warning that
  358  states marijuana smoke contains carcinogens and may negatively
  359  affect health. Such receptacles for marijuana in a form for
  360  smoking must be plain, opaque, and white without depictions of
  361  the product or images other than the medical marijuana treatment
  362  center’s department-approved logo and the marijuana universal
  363  symbol.
  364         13.12. Each edible shall be individually sealed in plain,
  365  opaque wrapping marked only with the marijuana universal symbol.
  366  Where practical, each edible shall be marked with the marijuana
  367  universal symbol. In addition to the packaging and labeling
  368  requirements in subparagraphs 10., and 11., and 12., edible
  369  receptacles must be plain, opaque, and white without depictions
  370  of the product or images other than the medical marijuana
  371  treatment center’s department-approved logo and the marijuana
  372  universal symbol. The receptacle must also include a list all of
  373  the edible’s ingredients, storage instructions, an expiration
  374  date, a legible and prominent warning to keep away from children
  375  and pets, and a warning that the edible has not been produced or
  376  inspected pursuant to federal food safety laws.
  377         14.13. When dispensing marijuana or a marijuana delivery
  378  device, a medical marijuana treatment center:
  379         a. May dispense any active, valid order for low-THC
  380  cannabis, medical cannabis and cannabis delivery devices issued
  381  pursuant to former s. 381.986, Florida Statutes 2016, which was
  382  entered into the medical marijuana use registry before July 1,
  383  2017.
  384         b. May not dispense more than a 70-day supply of marijuana
  385  to a qualified patient or caregiver.
  386         c. Must have the medical marijuana treatment center’s
  387  employee who dispenses the marijuana or a marijuana delivery
  388  device enter into the medical marijuana use registry his or her
  389  name or unique employee identifier.
  390         d. Must verify that the qualified patient and the
  391  caregiver, if applicable, each have an active registration in
  392  the medical marijuana use registry and an active and valid
  393  medical marijuana use registry identification card, the amount
  394  and type of marijuana dispensed matches the physician
  395  certification in the medical marijuana use registry for that
  396  qualified patient, and the physician certification has not
  397  already been filled.
  398         e. May not dispense marijuana to a qualified patient who is
  399  younger than 18 years of age. If the qualified patient is
  400  younger than 18 years of age, marijuana may only be dispensed to
  401  the qualified patient’s caregiver.
  402         f. May not dispense or sell any other type of cannabis,
  403  alcohol, or illicit drug-related product, including pipes,
  404  bongs, or wrapping papers, other than a marijuana delivery
  405  device required for the medical use of marijuana and which is
  406  specified in a physician certification.
  407         g. Must, upon dispensing the marijuana or marijuana
  408  delivery device, record in the registry the date, time,
  409  quantity, and form of marijuana dispensed; the type of marijuana
  410  delivery device dispensed; and the name and medical marijuana
  411  use registry identification number of the qualified patient or
  412  caregiver to whom the marijuana delivery device was dispensed.
  413         h. Must ensure that patient records are not visible to
  414  anyone other than the qualified patient, his or her caregiver,
  415  and authorized medical marijuana treatment center employees.
  416         (14) EXCEPTIONS TO OTHER LAWS.—
  417         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  418  any other provision of law, but subject to the requirements of
  419  this section, a qualified patient and the qualified patient’s
  420  caregiver may purchase from a medical marijuana treatment center
  421  for the patient’s medical use a marijuana delivery device and up
  422  to the amount of marijuana authorized in the physician
  423  certification, but may not possess more than a 70-day supply of
  424  marijuana at any given time and all marijuana purchased must
  425  remain in its original packaging.
  426         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
  427  s. 893.147, or any other provision of law, a qualified patient
  428  and the qualified patient’s caregiver may purchase and possess a
  429  marijuana delivery device intended for the medical use of
  430  marijuana by smoking from a vendor other than a medical
  431  marijuana treatment center if such delivery device, or a similar
  432  delivery device, is specified in that patients certification
  433  issued by a qualified physician.
  434         (c)(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  435  or any other provision of law, but subject to the requirements
  436  of this section, an approved medical marijuana treatment center
  437  and its owners, managers, and employees may manufacture,
  438  possess, sell, deliver, distribute, dispense, and lawfully
  439  dispose of marijuana or a marijuana delivery device as provided
  440  in this section, s. 381.988, and by department rule. For the
  441  purposes of this subsection, the terms “manufacture,”
  442  “possession,” “deliver,” “distribute,” and “dispense” have the
  443  same meanings as provided in s. 893.02.
  444         (d)(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  445  or any other provision of law, but subject to the requirements
  446  of this section, a certified marijuana testing laboratory,
  447  including an employee of a certified marijuana testing
  448  laboratory acting within the scope of his or her employment, may
  449  acquire, possess, test, transport, and lawfully dispose of
  450  marijuana as provided in this section, in s. 381.988, and by
  451  department rule.
  452         (e)(d) A licensed medical marijuana treatment center and
  453  its owners, managers, and employees are not subject to licensure
  454  or regulation under chapter 465 or chapter 499 for
  455  manufacturing, possessing, selling, delivering, distributing,
  456  dispensing, or lawfully disposing of marijuana or a marijuana
  457  delivery device, as provided in this section, in s. 381.988, and
  458  by department rule.
  459         (f)(e) This subsection does not exempt a person from
  460  prosecution for a criminal offense related to impairment or
  461  intoxication resulting from the medical use of marijuana or
  462  relieve a person from any requirement under law to submit to a
  463  breath, blood, urine, or other test to detect the presence of a
  464  controlled substance.
  465         (g)(f) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  466  or any other provision of law, but subject to the requirements
  467  of this section and pursuant to policies and procedures
  468  established pursuant to s. 1006.62(8), school personnel may
  469  possess marijuana that is obtained for medical use pursuant to
  470  this section by a student who is a qualified patient.
  471         (h)(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  472  or any other provision of law, but subject to the requirements
  473  of this section, a research institute established by a public
  474  postsecondary educational institution, such as the H. Lee
  475  Moffitt Cancer Center and Research Institute, Inc., established
  476  under s. 1004.43, or a state university that has achieved the
  477  preeminent state research university designation under s.
  478  1001.7065 may possess, test, transport, and lawfully dispose of
  479  marijuana for research purposes as provided by this section.
  480         (15) APPLICABILITY.—
  481         (a) This section does not limit the ability of an employer
  482  to establish, continue, or enforce a drug-free workplace program
  483  or policy.
  484         (b) This section does not require an employer to
  485  accommodate the medical use of marijuana in any workplace or any
  486  employee working while under the influence of marijuana.
  487         (c) This section does not create a cause of action against
  488  an employer for wrongful discharge or discrimination.
  489         (d) This section does not impair the ability of any party
  490  to restrict or limit smoking on his or her private property.
  491         (e) This section does not prohibit the medical use of
  492  marijuana, or a caregiver assisting with the medical use of
  493  marijuana, in a nursing home, licensed under part II of chapter
  494  400; in a hospice facility, licensed under part IV of chapter
  495  400; or in an assisted living facility, licensed under part I of
  496  chapter 429, if the medical use of marijuana is not prohibited
  497  in the facility’s policies.
  498         (f) Marijuana, as defined in this section, is not
  499  reimbursable under chapter 440.
  500         Section 2. The proviso following Specific Appropriation 422
  501  in section 3 of chapter 2018-9, Laws of Florida, and the proviso
  502  following Specific Appropriation 424 in section 3 of chapter
  503  2018-9, Laws of Florida, are repealed and the funds appropriated
  504  by those specific appropriations which were affected by those
  505  provisos are released from reserve.
  506         Section 3. This act shall take effect upon becoming a law.
  508  ================= T I T L E  A M E N D M E N T ================
  509  And the title is amended as follows:
  510         Delete everything before the enacting clause
  511  and insert:
  512                        A bill to be entitled                      
  513         An act relating to the safe medical use of marijuana;
  514         amending s. 381.986, F.S.; redefining the term
  515         “marijuana delivery device” to eliminate the
  516         requirement that such devices must be purchased from a
  517         medical marijuana treatment center; redefining the
  518         term “medical use” to include the possession, use, or
  519         administration of marijuana in a form for smoking;
  520         restricting smoking of marijuana in enclosed indoor
  521         workplaces; conforming a provision to changes made by
  522         the act; requiring a patient’s informed consent form
  523         to include the risks specifically associated with
  524         smoking marijuana; requiring a certifying physician to
  525         make a determination in concurrence with a second
  526         physician who meets specified requirements before
  527         certifying a patient under 18 years of age who is not
  528         diagnosed with a terminal condition to smoke marijuana
  529         for medical use; requiring that marijuana in a form
  530         for smoking meet certain packaging and labeling
  531         requirements; deleting a provision prohibiting a
  532         medical marijuana treatment center from dispensing or
  533         selling specified products; allowing marijuana
  534         delivery devices to be purchased from a vendor other
  535         than a medical marijuana treatment center; providing
  536         applicability; repealing proviso language in s. 3, ch.
  537         2018-9, Laws of Florida, relating to salaries and
  538         benefits positions and other personnel services of the
  539         Department of Health; providing an effective date.