Florida Senate - 2019 SB 182
By Senator Brandes
1 A bill to be entitled
2 An act relating to smoking marijuana for medical use;
3 amending s. 381.986, F.S.; redefining the term
4 “medical use” to include the possession, use, or
5 administration of marijuana in a form for smoking;
6 conforming a provision to changes made by the act;
7 deleting a provision prohibiting a medical marijuana
8 treatment center from dispensing or selling specified
9 products; providing an effective date.
11 Be It Enacted by the Legislature of the State of Florida:
13 Section 1. Paragraph (j) of subsection (1) and paragraph
14 (e) of subsection (8) of section 381.986, Florida Statutes, are
15 amended to read:
16 381.986 Medical use of marijuana.—
17 (1) DEFINITIONS.—As used in this section, the term:
18 (j) “Medical use” means the acquisition, possession, use,
19 delivery, transfer, or administration of marijuana authorized by
20 a physician certification. The term does not include:
21 1. Possession, use, or administration of marijuana that was
22 not purchased or acquired from a medical marijuana treatment
24 2. Possession, use, or administration of marijuana in
25 form for smoking, in the form of commercially produced food
26 items other than edibles , or of marijuana seeds or flower,
27 except for flower in a sealed, tamper-proof receptacle for
29 3. Use or administration of any form or amount of marijuana
30 in a manner that is inconsistent with the qualified physician’s
31 directions or physician certification.
32 4. Transfer of marijuana to a person other than the
33 qualified patient for whom it was authorized or the qualified
34 patient’s caregiver on behalf of the qualified patient.
35 5. Use or administration of marijuana in the following
37 a. On any form of public transportation, except for low-THC
39 b. In any public place, except for low-THC cannabis.
40 c. In a qualified patient’s place of employment, except
41 when permitted by his or her employer.
42 d. In a state correctional institution, as defined in s.
43 944.02, or a correctional institution, as defined in s. 944.241.
44 e. On the grounds of a preschool, primary school, or
45 secondary school, except as provided in s. 1006.062.
46 f. In a school bus, a vehicle, an aircraft, or a motorboat,
47 except for low-THC cannabis.
49 For the purposes of this subparagraph, the exceptions for low
50 THC cannabis do not include the smoking of low-THC cannabis.
51 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
52 (e) A licensed medical marijuana treatment center shall
53 cultivate, process, transport, and dispense marijuana for
54 medical use. A licensed medical marijuana treatment center may
55 not contract for services directly related to the cultivation,
56 processing, and dispensing of marijuana or marijuana delivery
57 devices, except that a medical marijuana treatment center
58 licensed pursuant to subparagraph (a)1. may contract with a
59 single entity for the cultivation, processing, transporting, and
60 dispensing of marijuana and marijuana delivery devices. A
61 licensed medical marijuana treatment center must, at all times,
62 maintain compliance with the criteria demonstrated and
63 representations made in the initial application and the criteria
64 established in this subsection. Upon request, the department may
65 grant a medical marijuana treatment center a variance from the
66 representations made in the initial application. Consideration
67 of such a request shall be based upon the individual facts and
68 circumstances surrounding the request. A variance may not be
69 granted unless the requesting medical marijuana treatment center
70 can demonstrate to the department that it has a proposed
71 alternative to the specific representation made in its
72 application which fulfills the same or a similar purpose as the
73 specific representation in a way that the department can
74 reasonably determine will not be a lower standard than the
75 specific representation in the application. A variance may not
76 be granted from the requirements in subparagraph 2. and
77 subparagraphs (b)1. and 2.
78 1. A licensed medical marijuana treatment center may
79 transfer ownership to an individual or entity who meets the
80 requirements of this section. A publicly traded corporation or
81 publicly traded company that meets the requirements of this
82 section is not precluded from ownership of a medical marijuana
83 treatment center. To accommodate a change in ownership:
84 a. The licensed medical marijuana treatment center shall
85 notify the department in writing at least 60 days before the
86 anticipated date of the change of ownership.
87 b. The individual or entity applying for initial licensure
88 due to a change of ownership must submit an application that
89 must be received by the department at least 60 days before the
90 date of change of ownership.
91 c. Upon receipt of an application for a license, the
92 department shall examine the application and, within 30 days
93 after receipt, notify the applicant in writing of any apparent
94 errors or omissions and request any additional information
96 d. Requested information omitted from an application for
97 licensure must be filed with the department within 21 days after
98 the department’s request for omitted information or the
99 application shall be deemed incomplete and shall be withdrawn
100 from further consideration and the fees shall be forfeited.
102 Within 30 days after the receipt of a complete application, the
103 department shall approve or deny the application.
104 2. A medical marijuana treatment center, and any individual
105 or entity who directly or indirectly owns, controls, or holds
106 with power to vote 5 percent or more of the voting shares of a
107 medical marijuana treatment center, may not acquire direct or
108 indirect ownership or control of any voting shares or other form
109 of ownership of any other medical marijuana treatment center.
110 3. A medical marijuana treatment center may not enter into
111 any form of profit-sharing arrangement with the property owner
112 or lessor of any of its facilities where cultivation,
113 processing, storing, or dispensing of marijuana and marijuana
114 delivery devices occurs.
115 4. All employees of a medical marijuana treatment center
116 must be 21 years of age or older and have passed a background
117 screening pursuant to subsection (9).
118 5. Each medical marijuana treatment center must adopt and
119 enforce policies and procedures to ensure employees and
120 volunteers receive training on the legal requirements to
121 dispense marijuana to qualified patients.
122 6. When growing marijuana, a medical marijuana treatment
124 a. May use pesticides determined by the department, after
125 consultation with the Department of Agriculture and Consumer
126 Services, to be safely applied to plants intended for human
127 consumption, but may not use pesticides designated as
128 restricted-use pesticides pursuant to s. 487.042.
129 b. Must grow marijuana within an enclosed structure and in
130 a room separate from any other plant.
131 c. Must inspect seeds and growing plants for plant pests
132 that endanger or threaten the horticultural and agricultural
133 interests of the state in accordance with chapter 581 and any
134 rules adopted thereunder.
135 d. Must perform fumigation or treatment of plants, or
136 remove and destroy infested or infected plants, in accordance
137 with chapter 581 and any rules adopted thereunder.
138 7. Each medical marijuana treatment center must produce and
139 make available for purchase at least one low-THC cannabis
141 8. A medical marijuana treatment center that produces
142 edibles must hold a permit to operate as a food establishment
143 pursuant to chapter 500, the Florida Food Safety Act, and must
144 comply with all the requirements for food establishments
145 pursuant to chapter 500 and any rules adopted thereunder.
146 Edibles may not contain more than 200 milligrams of
147 tetrahydrocannabinol, and a single serving portion of an edible
148 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
149 may have a potency variance of no greater than 15 percent.
150 Edibles may not be attractive to children; be manufactured in
151 the shape of humans, cartoons, or animals; be manufactured in a
152 form that bears any reasonable resemblance to products available
153 for consumption as commercially available candy; or contain any
154 color additives. To discourage consumption of edibles by
155 children, the department shall determine by rule any shapes,
156 forms, and ingredients allowed and prohibited for edibles.
157 Medical marijuana treatment centers may not begin processing or
158 dispensing edibles until after the effective date of the rule.
159 The department shall also adopt sanitation rules providing the
160 standards and requirements for the storage, display, or
161 dispensing of edibles.
162 9. Within 12 months after licensure, a medical marijuana
163 treatment center must demonstrate to the department that all of
164 its processing facilities have passed a Food Safety Good
165 Manufacturing Practices, such as Global Food Safety Initiative
166 or equivalent, inspection by a nationally accredited certifying
167 body. A medical marijuana treatment center must immediately stop
168 processing at any facility which fails to pass this inspection
169 until it demonstrates to the department that such facility has
170 met this requirement.
171 10. When processing marijuana, a medical marijuana
172 treatment center must:
173 a. Process the marijuana within an enclosed structure and
174 in a room separate from other plants or products.
175 b. Comply with department rules when processing marijuana
176 with hydrocarbon solvents or other solvents or gases exhibiting
177 potential toxicity to humans. The department shall determine by
178 rule the requirements for medical marijuana treatment centers to
179 use such solvents or gases exhibiting potential toxicity to
181 c. Comply with federal and state laws and regulations and
182 department rules for solid and liquid wastes. The department
183 shall determine by rule procedures for the storage, handling,
184 transportation, management, and disposal of solid and liquid
185 waste generated during marijuana production and processing. The
186 Department of Environmental Protection shall assist the
187 department in developing such rules.
188 d. Test the processed marijuana using a medical marijuana
189 testing laboratory before it is dispensed. Results must be
190 verified and signed by two medical marijuana treatment center
191 employees. Before dispensing, the medical marijuana treatment
192 center must determine that the test results indicate that low
193 THC cannabis meets the definition of low-THC cannabis, the
194 concentration of tetrahydrocannabinol meets the potency
195 requirements of this section, the labeling of the concentration
196 of tetrahydrocannabinol and cannabidiol is accurate, and all
197 marijuana is safe for human consumption and free from
198 contaminants that are unsafe for human consumption. The
199 department shall determine by rule which contaminants must be
200 tested for and the maximum levels of each contaminant which are
201 safe for human consumption. The Department of Agriculture and
202 Consumer Services shall assist the department in developing the
203 testing requirements for contaminants that are unsafe for human
204 consumption in edibles. The department shall also determine by
205 rule the procedures for the treatment of marijuana that fails to
206 meet the testing requirements of this section, s. 381.988, or
207 department rule. The department may select a random sample from
208 edibles available for purchase in a dispensing facility which
209 shall be tested by the department to determine that the edible
210 meets the potency requirements of this section, is safe for
211 human consumption, and the labeling of the tetrahydrocannabinol
212 and cannabidiol concentration is accurate. A medical marijuana
213 treatment center may not require payment from the department for
214 the sample. A medical marijuana treatment center must recall
215 edibles, including all edibles made from the same batch of
216 marijuana, which fail to meet the potency requirements of this
217 section, which are unsafe for human consumption, or for which
218 the labeling of the tetrahydrocannabinol and cannabidiol
219 concentration is inaccurate. The medical marijuana treatment
220 center must retain records of all testing and samples of each
221 homogenous batch of marijuana for at least 9 months. The medical
222 marijuana treatment center must contract with a marijuana
223 testing laboratory to perform audits on the medical marijuana
224 treatment center’s standard operating procedures, testing
225 records, and samples and provide the results to the department
226 to confirm that the marijuana or low-THC cannabis meets the
227 requirements of this section and that the marijuana or low-THC
228 cannabis is safe for human consumption. A medical marijuana
229 treatment center shall reserve two processed samples from each
230 batch and retain such samples for at least 9 months for the
231 purpose of such audits. A medical marijuana treatment center may
232 use a laboratory that has not been certified by the department
233 under s. 381.988 until such time as at least one laboratory
234 holds the required certification, but in no event later than
235 July 1, 2018.
236 e. Package the marijuana in compliance with the United
237 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
238 1471 et seq.
239 f. Package the marijuana in a receptacle that has a firmly
240 affixed and legible label stating the following information:
241 (I) The marijuana or low-THC cannabis meets the
242 requirements of sub-subparagraph d.
243 (II) The name of the medical marijuana treatment center
244 from which the marijuana originates.
245 (III) The batch number and harvest number from which the
246 marijuana originates and the date dispensed.
247 (IV) The name of the physician who issued the physician
249 (V) The name of the patient.
250 (VI) The product name, if applicable, and dosage form,
251 including concentration of tetrahydrocannabinol and cannabidiol.
252 The product name may not contain wording commonly associated
253 with products marketed by or to children.
254 (VII) The recommended dose.
255 (VIII) A warning that it is illegal to transfer medical
256 marijuana to another person.
257 (IX) A marijuana universal symbol developed by the
259 11. The medical marijuana treatment center shall include in
260 each package a patient package insert with information on the
261 specific product dispensed related to:
262 a. Clinical pharmacology.
263 b. Indications and use.
264 c. Dosage and administration.
265 d. Dosage forms and strengths.
266 e. Contraindications.
267 f. Warnings and precautions.
268 g. Adverse reactions.
269 12. Each edible shall be individually sealed in plain,
270 opaque wrapping marked only with the marijuana universal symbol.
271 Where practical, each edible shall be marked with the marijuana
272 universal symbol. In addition to the packaging and labeling
273 requirements in subparagraphs 10. and 11., edible receptacles
274 must be plain, opaque, and white without depictions of the
275 product or images other than the medical marijuana treatment
276 center’s department-approved logo and the marijuana universal
277 symbol. The receptacle must also include a list all of the
278 edible’s ingredients, storage instructions, an expiration date,
279 a legible and prominent warning to keep away from children and
280 pets, and a warning that the edible has not been produced or
281 inspected pursuant to federal food safety laws.
282 13. When dispensing marijuana or a marijuana delivery
283 device, a medical marijuana treatment center:
284 a. May dispense any active, valid order for low-THC
285 cannabis, medical cannabis and cannabis delivery devices issued
286 pursuant to former s. 381.986, Florida Statutes 2016, which was
287 entered into the medical marijuana use registry before July 1,
289 b. May not dispense more than a 70-day supply of marijuana
290 to a qualified patient or caregiver.
291 c. Must have the medical marijuana treatment center’s
292 employee who dispenses the marijuana or a marijuana delivery
293 device enter into the medical marijuana use registry his or her
294 name or unique employee identifier.
295 d. Must verify that the qualified patient and the
296 caregiver, if applicable, each have an active registration in
297 the medical marijuana use registry and an active and valid
298 medical marijuana use registry identification card, the amount
299 and type of marijuana dispensed matches the physician
300 certification in the medical marijuana use registry for that
301 qualified patient, and the physician certification has not
302 already been filled.
303 e. May not dispense marijuana to a qualified patient who is
304 younger than 18 years of age. If the qualified patient is
305 younger than 18 years of age, marijuana may only be dispensed to
306 the qualified patient’s caregiver.
307 f. May not dispense or sell any other type of cannabis,
308 alcohol, or illicit drug-related product, including pipes,
309 bongs, or wrapping papers, other than a marijuana delivery
310 device required for the medical use of marijuana and which is
311 specified in a physician certification.
312 g. Must, upon dispensing the marijuana or marijuana
313 delivery device, record in the registry the date, time,
314 quantity, and form of marijuana dispensed; the type of marijuana
315 delivery device dispensed; and the name and medical marijuana
316 use registry identification number of the qualified patient or
317 caregiver to whom the marijuana delivery device was dispensed.
318 h. Must ensure that patient records are not visible to
319 anyone other than the qualified patient, his or her caregiver,
320 and authorized medical marijuana treatment center employees.
321 Section 2. This act shall take effect upon becoming a law.