Information on Florida Medical Marijuana Law

SB 8-A: Medical Use of Marijuana




   ENROLLED
       2017 Legislature                           SB 8-A, 3rd Engrossed
       
       
       
       
       
       
                                                               20178Aer
    1  
    2         An act relating to medical use of marijuana; providing
    3         legislative intent; amending s. 212.08, F.S.;
    4         providing an exemption from the state tax on sales,
    5         use, and other transactions for marijuana and
    6         marijuana delivery devices used for medical purposes;
    7         amending s. 381.986, F.S.; providing, revising, and
    8         deleting definitions; providing qualifying medical
    9         conditions for a patient to be eligible to receive
   10         marijuana or a marijuana delivery device; providing
   11         requirements for designating a qualified physician or
   12         medical director; providing criteria for certification
   13         of a patient for medical marijuana treatment by a
   14         qualified physician; providing for certain patients
   15         registered with the medical marijuana use registry to
   16         be deemed qualified; requiring the Department of
   17         Health to monitor physician registration and
   18         certifications in the medical marijuana use registry;
   19         requiring the Board of Medicine and the Board of
   20         Osteopathic Medicine to create a physician
   21         certification pattern review panel; providing
   22         rulemaking authority to the department and the boards;
   23         requiring the department to establish a medical
   24         marijuana use registry; specifying entities and
   25         persons who have access to the registry; providing
   26         requirements for registration of, and maintenance of
   27         registered status by, qualified patients and
   28         caregivers; providing criteria for nonresidents to
   29         prove residency for registration as a qualified
   30         patient; defining the term “seasonal resident”;
   31         authorizing the department to suspend or revoke the
   32         registration of a patient or caregiver under certain
   33         circumstances; providing requirements for the issuance
   34         of medical marijuana use registry identification
   35         cards; requiring the department to issue licenses to a
   36         certain number of medical marijuana treatment centers;
   37         providing for license renewal and revocation;
   38         providing conditions for change of ownership;
   39         providing for continuance of certain entities
   40         authorized to dispense low-THC cannabis, medical
   41         cannabis, and cannabis delivery devices; requiring a
   42         medical marijuana treatment center to comply with
   43         certain standards in the production and distribution
   44         of edibles; requiring the department to establish,
   45         maintain, and control a computer seed-to-sale
   46         marijuana tracking system; requiring background
   47         screening of owners, officers, board members, and
   48         managers of medical marijuana treatment centers;
   49         requiring the department to establish protocols and
   50         procedures for operation, conduct periodic
   51         inspections, and restrict location of medical
   52         marijuana treatment centers; providing a limit on
   53         county and municipal permit fees; authorizing counties
   54         and municipalities to determine the location of
   55         medical marijuana treatment centers by ordinance under
   56         certain conditions; providing penalties; authorizing
   57         the department to impose sanctions on persons or
   58         entities engaging in unlicensed activities; providing
   59         that a person is not exempt from prosecution for
   60         certain offenses and is not relieved from certain
   61         requirements of law under certain circumstances;
   62         providing for certain school personnel to possess
   63         marijuana pursuant to certain established policies and
   64         procedures; providing that certain research
   65         institutions may possess, test, transport, and dispose
   66         of marijuana subject to certain conditions; providing
   67         applicability; amending ss. 458.331 and 459.015, F.S.;
   68         providing additional acts by a physician or an
   69         osteopathic physician which constitute grounds for
   70         denial of a license or disciplinary action to which
   71         penalties apply; creating s. 381.988, F.S.; providing
   72         for the establishment of medical marijuana testing
   73         laboratories; requiring the Department of Health, in
   74         collaboration with the Department of Agriculture and
   75         Consumer Services and the Department of Environmental
   76         Protection, to develop certification standards and
   77         rules; providing limitations on the acquisition and
   78         distribution of marijuana by a testing laboratory;
   79         providing an exception for transfer of marijuana under
   80         certain conditions; requiring a testing laboratory to
   81         use a department-selected computer tracking system;
   82         providing grounds for disciplinary and administrative
   83         action; authorizing the department to refuse to issue
   84         or renew, or suspend or revoke, a testing laboratory
   85         license; creating s. 381.989, F.S.; defining terms;
   86         directing the department and the Department of Highway
   87         Safety and Motor Vehicles to institute public
   88         education campaigns relating to cannabis and marijuana
   89         and impaired driving; requiring evaluations of public
   90         education campaigns; authorizing the department and
   91         the Department of Highway Safety and Motor Vehicles to
   92         contract with vendors to implement and evaluate the
   93         campaigns; amending ss. 385.211, 499.0295, and 893.02,
   94         F.S.; conforming provisions to changes made by the
   95         act; creating s. 1004.4351, F.S.; providing a short
   96         title; providing legislative findings; defining terms;
   97         establishing the Coalition for Medical Marijuana
   98         Research and Education within the H. Lee Moffitt
   99         Cancer Center and Research Institute, Inc.; providing
  100         a purpose for the coalition; establishing the Medical
  101         Marijuana Research and Education Board to direct the
  102         operations of the coalition; providing for the
  103         appointment of board members; providing for terms of
  104         office, reimbursement for certain expenses, and
  105         meetings of the board; authorizing the board to
  106         appoint a coalition director; prescribing the duties
  107         of the coalition director; requiring the board to
  108         advise specified entities and officials regarding
  109         medical marijuana research and education in this
  110         state; requiring the board to annually adopt a Medical
  111         Marijuana Research and Education Plan; providing
  112         requirements for the plan; requiring the board to
  113         issue an annual report to the Governor and the
  114         Legislature by a specified date; requiring the
  115         Department of Health to submit reports to the board
  116         containing specified data; specifying responsibilities
  117         of the H. Lee Moffitt Cancer Center and Research
  118         Institute, Inc.; amending s. 1004.441, F.S.; revising
  119         definition; amending s. 1006.062, F.S.; requiring
  120         district school boards to adopt policies and
  121         procedures for access to medical marijuana by
  122         qualified patients who are students; providing
  123         emergency rulemaking authority; providing for venue
  124         for a cause of action against the department;
  125         providing for defense against certain causes of
  126         action; directing the Department of Law Enforcement to
  127         develop training for law enforcement officers and
  128         agencies; amending s. 385.212, F.S.; renaming the
  129         department’s Office of Compassionate Use; providing
  130         severability; providing a directive to the Division of
  131         Law Revision and Information; providing
  132         appropriations; providing an effective date.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Legislative intent.—It is the intent of the
  137  Legislature to implement s. 29, Article X of the State
  138  Constitution by creating a unified regulatory structure. If s.
  139  29, Article X of the State Constitution is amended or a
  140  constitutional amendment related to cannabis or marijuana is
  141  adopted, this act shall expire 6 months after the effective date
  142  of such amendment.
  143         Section 2. Present paragraph (l) of subsection (2) of
  144  section 212.08, Florida Statutes, is redesignated as paragraph
  145  (m), and a new paragraph (l) is added to that subsection, to
  146  read:
  147         212.08 Sales, rental, use, consumption, distribution, and
  148  storage tax; specified exemptions.—The sale at retail, the
  149  rental, the use, the consumption, the distribution, and the
  150  storage to be used or consumed in this state of the following
  151  are hereby specifically exempt from the tax imposed by this
  152  chapter.
  153         (2) EXEMPTIONS; MEDICAL.—
  154         (l)Marijuana and marijuana delivery devices, as defined in
  155  s. 381.986, are exempt from the taxes imposed under this
  156  chapter.
  157         Section 3. Section 381.986, Florida Statutes, is amended to
  158  read:
  159         (Substantial rewording of section. See
  160         s. 381.986, F.S., for present text.)
  161         381.986Medical use of marijuana.—
  162         (1)DEFINITIONS.—As used in this section, the term:
  163         (a)“Caregiver” means a resident of this state who has
  164  agreed to assist with a qualified patient’s medical use of
  165  marijuana, has a caregiver identification card, and meets the
  166  requirements of subsection (6).
  167         (b)“Chronic nonmalignant pain” means pain that is caused
  168  by a qualifying medical condition or that originates from a
  169  qualifying medical condition and persists beyond the usual
  170  course of that qualifying medical condition.
  171         (c)“Close relative” means a spouse, parent, sibling,
  172  grandparent, child, or grandchild, whether related by whole or
  173  half blood, by marriage, or by adoption.
  174         (d)“Edibles” means commercially produced food items made
  175  with marijuana oil, but no other form of marijuana, that are
  176  produced and dispensed by a medical marijuana treatment center.
  177         (e)“Low-THC cannabis” means a plant of the genus Cannabis,
  178  the dried flowers of which contain 0.8 percent or less of
  179  tetrahydrocannabinol and more than 10 percent of cannabidiol
  180  weight for weight; the seeds thereof; the resin extracted from
  181  any part of such plant; or any compound, manufacture, salt,
  182  derivative, mixture, or preparation of such plant or its seeds
  183  or resin that is dispensed from a medical marijuana treatment
  184  center.
  185         (f)“Marijuana” means all parts of any plant of the genus
  186  Cannabis, whether growing or not; the seeds thereof; the resin
  187  extracted from any part of the plant; and every compound,
  188  manufacture, salt, derivative, mixture, or preparation of the
  189  plant or its seeds or resin, including low-THC cannabis, which
  190  are dispensed from a medical marijuana treatment center for
  191  medical use by a qualified patient.
  192         (g)“Marijuana delivery device” means an object used,
  193  intended for use, or designed for use in preparing, storing,
  194  ingesting, inhaling, or otherwise introducing marijuana into the
  195  human body, and which is dispensed from a medical marijuana
  196  treatment center for medical use by a qualified patient.
  197         (h)“Marijuana testing laboratory” means a facility that
  198  collects and analyzes marijuana samples from a medical marijuana
  199  treatment center and has been certified by the department
  200  pursuant to s. 381.988.
  201         (i)“Medical director” means a person who holds an active,
  202  unrestricted license as an allopathic physician under chapter
  203  458 or osteopathic physician under chapter 459 and is in
  204  compliance with the requirements of paragraph (3)(c).
  205         (j)“Medical use” means the acquisition, possession, use,
  206  delivery, transfer, or administration of marijuana authorized by
  207  a physician certification. The term does not include:
  208         1.Possession, use, or administration of marijuana that was
  209  not purchased or acquired from a medical marijuana treatment
  210  center.
  211         2.Possession, use, or administration of marijuana in a
  212  form for smoking, in the form of commercially produced food
  213  items other than edibles, or of marijuana seeds or flower,
  214  except for flower in a sealed, tamper-proof receptacle for
  215  vaping.
  216         3.Use or administration of any form or amount of marijuana
  217  in a manner that is inconsistent with the qualified physician’s
  218  directions or physician certification.
  219         4.Transfer of marijuana to a person other than the
  220  qualified patient for whom it was authorized or the qualified
  221  patient’s caregiver on behalf of the qualified patient.
  222         5.Use or administration of marijuana in the following
  223  locations:
  224         a.On any form of public transportation, except for low-THC
  225  cannabis.
  226         b.In any public place, except for low-THC cannabis.
  227         c.In a qualified patient’s place of employment, except
  228  when permitted by his or her employer.
  229         d.In a state correctional institution, as defined in s.
  230  944.02, or a correctional institution, as defined in s. 944.241.
  231         e.On the grounds of a preschool, primary school, or
  232  secondary school, except as provided in s. 1006.062.
  233         f.In a school bus, a vehicle, an aircraft, or a motorboat,
  234  except for low-THC cannabis.
  235         (k)“Physician certification” means a qualified physician’s
  236  authorization for a qualified patient to receive marijuana and a
  237  marijuana delivery device from a medical marijuana treatment
  238  center.
  239         (l)“Qualified patient” means a resident of this state who
  240  has been added to the medical marijuana use registry by a
  241  qualified physician to receive marijuana or a marijuana delivery
  242  device for a medical use and who has a qualified patient
  243  identification card.
  244         (m)“Qualified physician” means a person who holds an
  245  active, unrestricted license as an allopathic physician under
  246  chapter 458 or as an osteopathic physician under chapter 459 and
  247  is in compliance with the physician education requirements of
  248  subsection (3).
  249         (n)“Smoking” means burning or igniting a substance and
  250  inhaling the smoke.
  251         (o)“Terminal condition” means a progressive disease or
  252  medical or surgical condition that causes significant functional
  253  impairment, is not considered by a treating physician to be
  254  reversible without the administration of life-sustaining
  255  procedures, and will result in death within 1 year after
  256  diagnosis if the condition runs its normal course.
  257         (2)QUALIFYING MEDICAL CONDITIONS.—A patient must be
  258  diagnosed with at least one of the following conditions to
  259  qualify to receive marijuana or a marijuana delivery device:
  260         (a)Cancer.
  261         (b)Epilepsy.
  262         (c)Glaucoma.
  263         (d)Positive status for human immunodeficiency virus.
  264         (e)Acquired immune deficiency syndrome.
  265         (f)Post-traumatic stress disorder.
  266         (g)Amyotrophic lateral sclerosis.
  267         (h)Crohn’s disease.
  268         (i)Parkinson’s disease.
  269         (j)Multiple sclerosis.
  270         (k)Medical conditions of the same kind or class as or
  271  comparable to those enumerated in paragraphs (a)-(j).
  272         (l)A terminal condition diagnosed by a physician other
  273  than the qualified physician issuing the physician
  274  certification.
  275         (m)Chronic nonmalignant pain.
  276         (3)QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  277         (a)Before being approved as a qualified physician, as
  278  defined in paragraph (1)(m), and before each license renewal, a
  279  physician must successfully complete a 2-hour course and
  280  subsequent examination offered by the Florida Medical
  281  Association or the Florida Osteopathic Medical Association which
  282  encompass the requirements of this section and any rules adopted
  283  hereunder. The course and examination shall be administered at
  284  least annually and may be offered in a distance learning format,
  285  including an electronic, online format that is available upon
  286  request. The price of the course may not exceed $500. A
  287  physician who has met the physician education requirements of
  288  former s. 381.986(4), Florida Statutes 2016, before the
  289  effective date of this section, shall be deemed to be in
  290  compliance with this paragraph from the effective date of this
  291  act until 90 days after the course and examination required by
  292  this paragraph become available.
  293         (b)A qualified physician may not be employed by, or have
  294  any direct or indirect economic interest in, a medical marijuana
  295  treatment center or marijuana testing laboratory.
  296         (c)Before being employed as a medical director, as defined
  297  in paragraph (1)(i), and before each license renewal, a medical
  298  director must successfully complete a 2-hour course and
  299  subsequent examination offered by the Florida Medical
  300  Association or the Florida Osteopathic Medical Association which
  301  encompass the requirements of this section and any rules adopted
  302  hereunder. The course and examination shall be administered at
  303  least annually and may be offered in a distance learning format,
  304  including an electronic, online format that is available upon
  305  request. The price of the course may not exceed $500.
  306         (4)PHYSICIAN CERTIFICATION.—
  307         (a)A qualified physician may issue a physician
  308  certification only if the qualified physician:
  309         1.Conducted a physical examination while physically
  310  present in the same room as the patient and a full assessment of
  311  the medical history of the patient.
  312         2.Diagnosed the patient with at least one qualifying
  313  medical condition.
  314         3.Determined that the medical use of marijuana would
  315  likely outweigh the potential health risks for the patient, and
  316  such determination must be documented in the patient’s medical
  317  record. If a patient is younger than 18 years of age, a second
  318  physician must concur with this determination, and such
  319  concurrence must be documented in the patient’s medical record.
  320         4.Determined whether the patient is pregnant and
  321  documented such determination in the patient’s medical record. A
  322  physician may not issue a physician certification, except for
  323  low-THC cannabis, to a patient who is pregnant.
  324         5.Reviewed the patient’s controlled drug prescription
  325  history in the prescription drug monitoring program database
  326  established pursuant to s. 893.055.
  327         6.Reviews the medical marijuana use registry and confirmed
  328  that the patient does not have an active physician certification
  329  from another qualified physician.
  330         7.Registers as the issuer of the physician certification
  331  for the named qualified patient on the medical marijuana use
  332  registry in an electronic manner determined by the department,
  333  and:
  334         a.Enters into the registry the contents of the physician
  335  certification, including the patient’s qualifying condition and
  336  the dosage not to exceed the daily dose amount determined by the
  337  department, the amount and forms of marijuana authorized for the
  338  patient, and any types of marijuana delivery devices needed by
  339  the patient for the medical use of marijuana.
  340         b.Updates the registry within 7 days after any change is
  341  made to the original physician certification to reflect such
  342  change.
  343         c.Deactivates the registration of the qualified patient
  344  and the patient’s caregiver when the physician no longer
  345  recommends the medical use of marijuana for the patient.
  346         8.Obtains the voluntary and informed written consent of
  347  the patient for medical use of marijuana each time the qualified
  348  physician issues a physician certification for the patient,
  349  which shall be maintained in the patient’s medical record. The
  350  patient, or the patient’s parent or legal guardian if the
  351  patient is a minor, must sign the informed consent acknowledging
  352  that the qualified physician has sufficiently explained its
  353  content. The qualified physician must use a standardized
  354  informed consent form adopted in rule by the Board of Medicine
  355  and the Board of Osteopathic Medicine, which must include, at a
  356  minimum, information related to:
  357         a.The Federal Government’s classification of marijuana as
  358  a Schedule I controlled substance.
  359         b.The approval and oversight status of marijuana by the
  360  Food and Drug Administration.
  361         c.The current state of research on the efficacy of
  362  marijuana to treat the qualifying conditions set forth in this
  363  section.
  364         d.The potential for addiction.
  365         e.The potential effect that marijuana may have on a
  366  patient’s coordination, motor skills, and cognition, including a
  367  warning against operating heavy machinery, operating a motor
  368  vehicle, or engaging in activities that require a person to be
  369  alert or respond quickly.
  370         f.The potential side effects of marijuana use.
  371         g.The risks, benefits, and drug interactions of marijuana.
  372         h.That the patient’s de-identified health information
  373  contained in the physician certification and medical marijuana
  374  use registry may be used for research purposes.
  375         (b)If a qualified physician issues a physician
  376  certification for a qualified patient diagnosed with a
  377  qualifying medical condition pursuant to paragraph (2)(k), the
  378  physician must submit the following to the applicable board
  379  within 14 days after issuing the physician certification:
  380         1.Documentation supporting the qualified physician’s
  381  opinion that the medical condition is of the same kind or class
  382  as the conditions in paragraphs (2)(a)-(j).
  383         2.Documentation that establishes the efficacy of marijuana
  384  as treatment for the condition.
  385         3.Documentation supporting the qualified physician’s
  386  opinion that the benefits of medical use of marijuana would
  387  likely outweigh the potential health risks for the patient.
  388         4.Any other documentation as required by board rule.
  389  
  390  The department must submit such documentation to the Coalition
  391  for Medical Marijuana Research and Education established
  392  pursuant to s. 1004.4351.
  393         (c)A qualified physician may not issue a physician
  394  certification for more than three 70-day supply limits of
  395  marijuana. The department shall quantify by rule a daily dose
  396  amount with equivalent dose amounts for each allowable form of
  397  marijuana dispensed by a medical marijuana treatment center. The
  398  department shall use the daily dose amount to calculate a 70-day
  399  supply.
  400         1.A qualified physician may request an exception to the
  401  daily dose amount limit. The request shall be made
  402  electronically on a form adopted by the department in rule and
  403  must include, at a minimum:
  404         a.The qualified patient’s qualifying medical condition.
  405         b.The dosage and route of administration that was
  406  insufficient to provide relief to the qualified patient.
  407         c.A description of how the patient will benefit from an
  408  increased amount.
  409         d.The minimum daily dose amount of marijuana that would be
  410  sufficient for the treatment of the qualified patient’s
  411  qualifying medical condition.
  412         2.A qualified physician must provide the qualified
  413  patient’s records upon the request of the department.
  414         3.The department shall approve or disapprove the request
  415  within 14 days after receipt of the complete documentation
  416  required by this paragraph. The request shall be deemed approved
  417  if the department fails to act within this time period.
  418         (d)A qualified physician must evaluate an existing
  419  qualified patient at least once every 30 weeks before issuing a
  420  new physician certification. A physician must:
  421         1.Determine if the patient still meets the requirements to
  422  be issued a physician certification under paragraph (a).
  423         2. Identify and document in the qualified patient’s medical
  424  records whether the qualified patient experienced either of the
  425  following related to the medical use of marijuana:
  426         a.An adverse drug interaction with any prescription or
  427  nonprescription medication; or
  428         b.A reduction in the use of, or dependence on, other types
  429  of controlled substances as defined in s. 893.02.
  430         3.Submit a report with the findings required pursuant to
  431  subparagraph 2. to the department. The department shall submit
  432  such reports to the Coalition for Medical Marijuana Research and
  433  Education established pursuant to s. 1004.4351.
  434         (e)An active order for low-THC cannabis or medical
  435  cannabis issued pursuant to former s. 381.986, Florida Statutes
  436  2016, and registered with the compassionate use registry before
  437  the effective date of this section, is deemed a physician
  438  certification, and all patients possessing such orders are
  439  deemed qualified patients until the department begins issuing
  440  medical marijuana use registry identification cards.
  441         (f)The department shall monitor physician registration in
  442  the medical marijuana use registry and the issuance of physician
  443  certifications for practices that could facilitate unlawful
  444  diversion or misuse of marijuana or a marijuana delivery device
  445  and shall take disciplinary action as appropriate.
  446         (g)The Board of Medicine and the Board of Osteopathic
  447  Medicine shall jointly create a physician certification pattern
  448  review panel that shall review all physician certifications
  449  submitted to the medical marijuana use registry. The panel shall
  450  track and report the number of physician certifications and the
  451  qualifying medical conditions, dosage, supply amount, and form
  452  of marijuana certified. The panel shall report the data both by
  453  individual qualified physician and in the aggregate, by county,
  454  and statewide. The physician certification pattern review panel
  455  shall, beginning January 1, 2018, submit an annual report of its
  456  findings and recommendations to the Governor, the President of
  457  the Senate, and the Speaker of the House of Representatives.
  458         (h)The department, the Board of Medicine, and the Board of
  459  Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1)
  460  and 120.54 to implement this subsection.
  461         (5)MEDICAL MARIJUANA USE REGISTRY.—
  462         (a)The department shall create and maintain a secure,
  463  electronic, and online medical marijuana use registry for
  464  physicians, patients, and caregivers as provided under this
  465  section. The medical marijuana use registry must be accessible
  466  to law enforcement agencies, qualified physicians, and medical
  467  marijuana treatment centers to verify the authorization of a
  468  qualified patient or a caregiver to possess marijuana or a
  469  marijuana delivery device and record the marijuana or marijuana
  470  delivery device dispensed. The medical marijuana use registry
  471  must also be accessible to practitioners licensed to prescribe
  472  prescription drugs to ensure proper care for patients before
  473  medications that may interact with the medical use of marijuana
  474  are prescribed. The medical marijuana use registry must prevent
  475  an active registration of a qualified patient by multiple
  476  physicians.
  477         (b)The department shall determine whether an individual is
  478  a resident of this state for the purpose of registration of
  479  qualified patients and caregivers in the medical marijuana use
  480  registry. To prove residency:
  481         1.An adult resident must provide the department with a
  482  copy of his or her valid Florida driver license issued under s.
  483  322.18 or a copy of a valid Florida identification card issued
  484  under s. 322.051.
  485         2.An adult seasonal resident who cannot meet the
  486  requirements of subparagraph 1. may provide the department with
  487  a copy of two of the following that show proof of residential
  488  address:
  489         a.A deed, mortgage, monthly mortgage statement, mortgage
  490  payment booklet or residential rental or lease agreement.
  491         b.One proof of residential address from the seasonal
  492  resident’s parent, step-parent, legal guardian or other person
  493  with whom the seasonal resident resides and a statement from the
  494  person with whom the seasonal resident resides stating that the
  495  seasonal resident does reside with him or her.
  496         c.A utility hookup or work order dated within 60 days
  497  before registration in the medical use registry.
  498         d.A utility bill, not more than 2 months old.
  499         e.Mail from a financial institution, including checking,
  500  savings, or investment account statements, not more than 2
  501  months old.
  502         f.Mail from a federal, state, county, or municipal
  503  government agency, not more than 2 months old.
  504         g.Any other documentation that provides proof of
  505  residential address as determined by department rule.
  506         3.A minor must provide the department with a certified
  507  copy of a birth certificate or a current record of registration
  508  from a Florida K-12 school and must have a parent or legal
  509  guardian who meets the requirements of subparagraph 1.
  510  
  511  For the purposes of this paragraph, the term “seasonal resident”
  512  means any person who temporarily resides in this state for a
  513  period of at least 31 consecutive days in each calendar year,
  514  maintains a temporary residence in this state, returns to the
  515  state or jurisdiction of his or her residence at least one time
  516  during each calendar year, and is registered to vote or pays
  517  income tax in another state or jurisdiction.
  518         (c)The department may suspend or revoke the registration
  519  of a qualified patient or caregiver if the qualified patient or
  520  caregiver:
  521         1.Provides misleading, incorrect, false, or fraudulent
  522  information to the department;
  523         2.Obtains a supply of marijuana in an amount greater than
  524  the amount authorized by the physician certification;
  525         3.Falsifies, alters, or otherwise modifies an
  526  identification card;
  527         4.Fails to timely notify the department of any changes to
  528  his or her qualified patient status; or
  529         5.Violates the requirements of this section or any rule
  530  adopted under this section.
  531         (d)The department shall immediately suspend the
  532  registration of a qualified patient charged with a violation of
  533  chapter 893 until final disposition of any alleged offense.
  534  Thereafter, the department may extend the suspension, revoke the
  535  registration, or reinstate the registration.
  536         (e)The department shall immediately suspend the
  537  registration of any caregiver charged with a violation of
  538  chapter 893 until final disposition of any alleged offense. The
  539  department shall revoke a caregiver registration if the
  540  caregiver does not meet the requirements of subparagraph
  541  (6)(b)6.
  542         (f)The department may revoke the registration of a
  543  qualified patient or caregiver who cultivates marijuana or who
  544  acquires, possesses, or delivers marijuana from any person or
  545  entity other than a medical marijuana treatment center.
  546         (g)The department shall revoke the registration of a
  547  qualified patient, and the patient’s associated caregiver, upon
  548  notification that the patient no longer meets the criteria of a
  549  qualified patient.
  550         (h)The department may adopt rules pursuant to ss.
  551  120.536(1) and 120.54 to implement this subsection.
  552         (6)CAREGIVERS.—
  553         (a)The department must register an individual as a
  554  caregiver on the medical marijuana use registry and issue a
  555  caregiver identification card if an individual designated by a
  556  qualified patient meets all of the requirements of this
  557  subsection and department rule.
  558         (b)A caregiver must:
  559         1.Not be a qualified physician and not be employed by or
  560  have an economic interest in a medical marijuana treatment
  561  center or a marijuana testing laboratory.
  562         2.Be 21 years of age or older and a resident of this
  563  state.
  564         3.Agree in writing to assist with the qualified patient’s
  565  medical use of marijuana.
  566         4.Be registered in the medical marijuana use registry as a
  567  caregiver for no more than one qualified patient, except as
  568  provided in this paragraph.
  569         5.Successfully complete a caregiver certification course
  570  developed and administered by the department or its designee,
  571  which must be renewed biennially. The price of the course may
  572  not exceed $100.
  573         6.Pass a background screening pursuant to subsection (9),
  574  unless the patient is a close relative of the caregiver.
  575         (c)A qualified patient may designate no more than one
  576  caregiver to assist with the qualified patient’s medical use of
  577  marijuana, unless:
  578         1.The qualified patient is a minor and the designated
  579  caregivers are parents or legal guardians of the qualified
  580  patient;
  581         2.The qualified patient is an adult who has an
  582  intellectual or developmental disability that prevents the
  583  patient from being able to protect or care for himself or
  584  herself without assistance or supervision and the designated
  585  caregivers are the parents or legal guardians of the qualified
  586  patient; or
  587         3.The qualified patient is admitted to a hospice program.
  588         (d)A caregiver may be registered in the medical marijuana
  589  use registry as a designated caregiver for no more than one
  590  qualified patient, unless:
  591         1.The caregiver is a parent or legal guardian of more than
  592  one minor who is a qualified patient;
  593         2.The caregiver is a parent or legal guardian of more than
  594  one adult who is a qualified patient and who has an intellectual
  595  or developmental disability that prevents the patient from being
  596  able to protect or care for himself or herself without
  597  assistance or supervision; or
  598         3.All qualified patients the caregiver has agreed to
  599  assist are admitted to a hospice program and have requested the
  600  assistance of that caregiver with the medical use of marijuana;
  601  the caregiver is an employee of the hospice; and the caregiver
  602  provides personal care or other services directly to clients of
  603  the hospice in the scope of that employment.
  604         (e)A caregiver may not receive compensation, other than
  605  actual expenses incurred, for any services provided to the
  606  qualified patient.
  607         (f)If a qualified patient is younger than 18 years of age,
  608  only a caregiver may purchase or administer marijuana for
  609  medical use by the qualified patient. The qualified patient may
  610  not purchase marijuana.
  611         (g)A caregiver must be in immediate possession of his or
  612  her medical marijuana use registry identification card at all
  613  times when in possession of marijuana or a marijuana delivery
  614  device and must present his or her medical marijuana use
  615  registry identification card upon the request of a law
  616  enforcement officer.
  617         (h)The department may adopt rules pursuant to ss.
  618  120.536(1) and 120.54 to implement this subsection.
  619         (7)IDENTIFICATION CARDS.—
  620         (a)The department shall issue medical marijuana use
  621  registry identification cards for qualified patients and
  622  caregivers who are residents of this state, which must be
  623  renewed annually. The identification cards must be resistant to
  624  counterfeiting and tampering and must include, at a minimum, the
  625  following:
  626         1.The name, address, and date of birth of the qualified
  627  patient or caregiver.
  628         2.A full-face, passport-type, color photograph of the
  629  qualified patient or caregiver taken within the 90 days
  630  immediately preceding registration or the Florida driver license
  631  or Florida identification card photograph of the qualified
  632  patient or caregiver obtained directly from the Department of
  633  Highway Safety and Motor Vehicles.
  634         3.Identification as a qualified patient or a caregiver.
  635         4.The unique numeric identifier used for the qualified
  636  patient in the medical marijuana use registry.
  637         5.For a caregiver, the name and unique numeric identifier
  638  of the caregiver and the qualified patient or patients that the
  639  caregiver is assisting.
  640         6.The expiration date of the identification card.
  641         (b)The department must receive written consent from a
  642  qualified patient’s parent or legal guardian before it may issue
  643  an identification card to a qualified patient who is a minor.
  644         (c)The department shall adopt rules pursuant to ss.
  645  120.536(1) and 120.54 establishing procedures for the issuance,
  646  renewal, suspension, replacement, surrender, and revocation of
  647  medical marijuana use registry identification cards pursuant to
  648  this section and shall begin issuing qualified patient
  649  identification cards by October 3, 2017.
  650         (d)Applications for identification cards must be submitted
  651  on a form prescribed by the department. The department may
  652  charge a reasonable fee associated with the issuance,
  653  replacement, and renewal of identification cards. The department
  654  shall allocate $10 of the identification card fee to the
  655  Division of Research at Florida Agricultural and Mechanical
  656  University for the purpose of educating minorities about
  657  marijuana for medical use and the impact of the unlawful use of
  658  marijuana on minority communities. The department shall contract
  659  with a third-party vendor to issue identification cards. The
  660  vendor selected by the department must have experience
  661  performing similar functions for other state agencies.
  662         (e)A qualified patient or caregiver shall return his or
  663  her identification card to the department within 5 business days
  664  after revocation.
  665         (8)MEDICAL MARIJUANA TREATMENT CENTERS.—
  666         (a)The department shall license medical marijuana
  667  treatment centers to ensure reasonable statewide accessibility
  668  and availability as necessary for qualified patients registered
  669  in the medical marijuana use registry and who are issued a
  670  physician certification under this section.
  671         1.As soon as practicable, but no later than July 3, 2017,
  672  the department shall license as a medical marijuana treatment
  673  center any entity that holds an active, unrestricted license to
  674  cultivate, process, transport, and dispense low-THC cannabis,
  675  medical cannabis, and cannabis delivery devices, under former s.
  676  381.986, Florida Statutes 2016, before July 1, 2017, and which
  677  meets the requirements of this section. In addition to the
  678  authority granted under this section, these entities are
  679  authorized to dispense low-THC cannabis, medical cannabis, and
  680  cannabis delivery devices ordered pursuant to former s. 381.986,
  681  Florida Statutes 2016, which were entered into the compassionate
  682  use registry before July 1, 2017, and are authorized to begin
  683  dispensing marijuana under this section on July 3, 2017. The
  684  department may grant variances from the representations made in
  685  such an entity’s original application for approval under former
  686  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  687         2.The department shall license as medical marijuana
  688  treatment centers 10 applicants that meet the requirements of
  689  this section, under the following parameters:
  690         a. As soon as practicable, but no later than August 1,
  691  2017, the department shall license any applicant whose
  692  application was reviewed, evaluated, and scored by the
  693  department and which was denied a dispensing organization
  694  license by the department under former s. 381.986, Florida
  695  Statutes 2014; which had one or more administrative or judicial
  696  challenges pending as of January 1, 2017, or had a final ranking
  697  within one point of the highest final ranking in its region
  698  under former s. 381.986, Florida Statutes 2014; which meets the
  699  requirements of this section; and which provides documentation
  700  to the department that it has the existing infrastructure and
  701  technical and technological ability to begin cultivating
  702  marijuana within 30 days after registration as a medical
  703  marijuana treatment center.
  704         b.As soon as practicable, but no later than October 3,
  705  2017, the department shall license one applicant that is a
  706  recognized class member of Pigford v. Glickman, 185 F.R.D. 82
  707  (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1
  708  (D.D.C. 2011) and is a member of the Black Farmers and
  709  Agriculturalists Association-Florida Chapter. An applicant
  710  licensed under this sub-subparagraph is exempt from the
  711  requirements of subparagraphs (b)1. and (b)2.
  712         c. As soon as practicable, but no later than October 3,
  713  2017, the department shall license applicants that meet the
  714  requirements of this section in sufficient numbers to result in
  715  10 total licenses issued under this subparagraph, while
  716  accounting for the number of licenses issued under sub
  717  subparagraphs a. and b.
  718         3. For up to two of the licenses issued under subparagraph
  719  2., the department shall give preference to applicants that
  720  demonstrate in their applications that they own one or more
  721  facilities that are, or were, used for the canning,
  722  concentrating, or otherwise processing of citrus fruit or citrus
  723  molasses and will use or convert the facility or facilities for
  724  the processing of marijuana.
  725         4.Within 6 months after the registration of 100,000 active
  726  qualified patients in the medical marijuana use registry, the
  727  department shall license four additional medical marijuana
  728  treatment centers that meet the requirements of this section.
  729  Thereafter, the department shall license four medical marijuana
  730  treatment centers within 6 months after the registration of each
  731  additional 100,000 active qualified patients in the medical
  732  marijuana use registry that meet the requirements of this
  733  section.
  734         5.Dispensing facilities are subject to the following
  735  requirements:
  736         a. A medical marijuana treatment center may not establish
  737  or operate more than a statewide maximum of 25 dispensing
  738  facilities, unless the medical marijuana use registry reaches a
  739  total of 100,000 active registered qualified patients. When the
  740  medical marijuana use registry reaches 100,000 active registered
  741  qualified patients, and then upon each further instance of the
  742  total active registered qualified patients increasing by
  743  100,000, the statewide maximum number of dispensing facilities
  744  that each licensed medical marijuana treatment center may
  745  establish and operate increases by five.
  746         b. A medical marijuana treatment center may not establish
  747  more than the maximum number of dispensing facilities allowed in
  748  each of the Northwest, Northeast, Central, Southwest, and
  749  Southeast Regions. The department shall determine a medical
  750  marijuana treatment center’s maximum number of dispensing
  751  facilities allowed in each region by calculating the percentage
  752  of the total statewide population contained within that region
  753  and multiplying that percentage by the medical marijuana
  754  treatment center’s statewide maximum number of dispensing
  755  facilities established under sub-subparagraph a., rounded to the
  756  nearest whole number. The department shall ensure that such
  757  rounding does not cause a medical marijuana treatment center’s
  758  total number of statewide dispensing facilities to exceed its
  759  statewide maximum. The department shall initially calculate the
  760  maximum number of dispensing facilities allowed in each region
  761  for each medical marijuana treatment center using county
  762  population estimates from the Florida Estimates of Population
  763  2016, as published by the Office of Economic and Demographic
  764  Research, and shall perform recalculations following the
  765  official release of county population data resulting from each
  766  United States Decennial Census. For the purposes of this
  767  subparagraph:
  768         (I) The Northwest Region consists of Bay, Calhoun,
  769  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  770  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  771  Walton, and Washington Counties.
  772         (II) The Northeast Region consists of Alachua, Baker,
  773  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  774  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  775  Suwannee, and Union Counties.
  776         (III) The Central Region consists of Brevard, Citrus,
  777  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  778  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  779  Counties.
  780         (IV) The Southwest Region consists of Charlotte, Collier,
  781  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  782  Okeechobee, and Sarasota Counties.
  783         (V) The Southeast Region consists of Broward, Miami-Dade,
  784  Martin, Monroe, and Palm Beach Counties.
  785         c. If a medical marijuana treatment center establishes a
  786  number of dispensing facilities within a region that is less
  787  than the number allowed for that region under sub-subparagraph
  788  b., the medical marijuana treatment center may sell one or more
  789  of its unused dispensing facility slots to other licensed
  790  medical marijuana treatment centers. For each dispensing
  791  facility slot that a medical marijuana treatment center sells,
  792  that medical marijuana treatment center’s statewide maximum
  793  number of dispensing facilities, as determined under sub
  794  subparagraph a., is reduced by one. The statewide maximum number
  795  of dispensing facilities for a medical marijuana treatment
  796  center that purchases an unused dispensing facility slot is
  797  increased by one per slot purchased. Additionally, the sale of a
  798  dispensing facility slot shall reduce the seller’s regional
  799  maximum and increase the purchaser’s regional maximum number of
  800  dispensing facilities, as determined in sub-subparagraph b., by
  801  one for that region. For any slot purchased under this sub
  802  subparagraph, the regional restriction applied to that slot’s
  803  location under sub-subparagraph b. before the purchase shall
  804  remain in effect following the purchase. A medical marijuana
  805  treatment center that sells or purchases a dispensing facility
  806  slot must notify the department within 3 days of sale.
  807         d. This subparagraph shall expire on April 1, 2020.
  808  
  809  If this subparagraph or its application to any person or
  810  circumstance is held invalid, the invalidity does not affect
  811  other provisions or applications of this act which can be given
  812  effect without the invalid provision or application, and to this
  813  end, the provisions of this subparagraph are severable.
  814         (b)An applicant for licensure as a medical marijuana
  815  treatment center shall apply to the department on a form
  816  prescribed by the department and adopted in rule. The department
  817  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  818  establishing a procedure for the issuance and biennial renewal
  819  of licenses, including initial application and biennial renewal
  820  fees sufficient to cover the costs of implementing and
  821  administering this section, and establishing supplemental
  822  licensure fees for payment beginning May 1, 2018, sufficient to
  823  cover the costs of administering ss. 381.989 and 1004.4351. The
  824  department shall identify applicants with strong diversity plans
  825  reflecting this state’s commitment to diversity and implement
  826  training programs and other educational programs to enable
  827  minority persons and minority business enterprises, as defined
  828  in s. 288.703, and veteran business enterprises, as defined in
  829  s. 295.187, to compete for medical marijuana treatment center
  830  licensure and contracts. Subject to the requirements in
  831  subparagraphs (a)2.-4., the department shall issue a license to
  832  an applicant if the applicant meets the requirements of this
  833  section and pays the initial application fee. The department
  834  shall renew the licensure of a medical marijuana treatment
  835  center biennially if the licensee meets the requirements of this
  836  section and pays the biennial renewal fee. An individual may not
  837  be an applicant, owner, officer, board member, or manager on
  838  more than one application for licensure as a medical marijuana
  839  treatment center. An individual or entity may not be awarded
  840  more than one license as a medical marijuana treatment center.
  841  An applicant for licensure as a medical marijuana treatment
  842  center must demonstrate:
  843         1.That, for the 5 consecutive years before submitting the
  844  application, the applicant has been registered to do business in
  845  in the state.
  846         2.Possession of a valid certificate of registration issued
  847  by the Department of Agriculture and Consumer Services pursuant
  848  to s. 581.131.
  849         3.The technical and technological ability to cultivate and
  850  produce marijuana, including, but not limited to, low-THC
  851  cannabis.
  852         4.The ability to secure the premises, resources, and
  853  personnel necessary to operate as a medical marijuana treatment
  854  center.
  855         5.The ability to maintain accountability of all raw
  856  materials, finished products, and any byproducts to prevent
  857  diversion or unlawful access to or possession of these
  858  substances.
  859         6.An infrastructure reasonably located to dispense
  860  marijuana to registered qualified patients statewide or
  861  regionally as determined by the department.
  862         7.The financial ability to maintain operations for the
  863  duration of the 2-year approval cycle, including the provision
  864  of certified financial statements to the department.
  865         a. Upon approval, the applicant must post a $5 million
  866  performance bond issued by an authorized surety insurance
  867  company rated in one of the three highest rating categories by a
  868  nationally recognized rating service. However, a medical
  869  marijuana treatment center serving at least 1,000 qualified
  870  patients is only required to maintain a $2 million performance
  871  bond.
  872         b. In lieu of the performance bond required under sub
  873  subparagraph a., the applicant may provide an irrevocable letter
  874  of credit payable to the department or provide cash to the
  875  department. If provided with cash under this sub-subparagraph,
  876  the department shall deposit the cash in the Grants and
  877  Donations Trust Fund within the Department of Health, subject to
  878  the same conditions as the bond regarding requirements for the
  879  applicant to forfeit ownership of the funds. If the funds
  880  deposited under this sub-subparagraph generate interest, the
  881  amount of that interest shall be used by the department for the
  882  administration of this section.
  883         8.That all owners, officers, board members, and managers
  884  have passed a background screening pursuant to subsection (9).
  885         9.The employment of a medical director to supervise the
  886  activities of the medical marijuana treatment center.
  887         10.A diversity plan that promotes and ensures the
  888  involvement of minority persons and minority business
  889  enterprises, as defined in s. 288.703, or veteran business
  890  enterprises, as defined in s. 295.187, in ownership, management,
  891  and employment. An applicant for licensure renewal must show the
  892  effectiveness of the diversity plan by including the following
  893  with his or her application for renewal:
  894         a.Representation of minority persons and veterans in the
  895  medical marijuana treatment center’s workforce;
  896         b.Efforts to recruit minority persons and veterans for
  897  employment; and
  898         c.A record of contracts for services with minority
  899  business enterprises and veteran business enterprises.
  900         (c)A medical marijuana treatment center may not make a
  901  wholesale purchase of marijuana from, or a distribution of
  902  marijuana to, another medical marijuana treatment center, unless
  903  the medical marijuana treatment center seeking to make a
  904  wholesale purchase of marijuana submits proof of harvest failure
  905  to the department.
  906         (d)The department shall establish, maintain, and control a
  907  computer software tracking system that traces marijuana from
  908  seed to sale and allows real-time, 24-hour access by the
  909  department to data from all medical marijuana treatment centers
  910  and marijuana testing laboratories. The tracking system must
  911  allow for integration of other seed-to-sale systems and, at a
  912  minimum, include notification of when marijuana seeds are
  913  planted, when marijuana plants are harvested and destroyed, and
  914  when marijuana is transported, sold, stolen, diverted, or lost.
  915  Each medical marijuana treatment center shall use the seed-to
  916  sale tracking system established by the department or integrate
  917  its own seed-to-sale tracking system with the seed-to-sale
  918  tracking system established by the department. Each medical
  919  marijuana treatment center may use its own seed-to-sale system
  920  until the department establishes a seed-to-sale tracking system.
  921  The department may contract with a vendor to establish the seed
  922  to-sale tracking system. The vendor selected by the department
  923  may not have a contractual relationship with the department to
  924  perform any services pursuant to this section other than the
  925  seed-to-sale tracking system. The vendor may not have a direct
  926  or indirect financial interest in a medical marijuana treatment
  927  center or a marijuana testing laboratory.
  928         (e)A licensed medical marijuana treatment center shall
  929  cultivate, process, transport, and dispense marijuana for
  930  medical use. A licensed medical marijuana treatment center may
  931  not contract for services directly related to the cultivation,
  932  processing, and dispensing of marijuana or marijuana delivery
  933  devices, except that a medical marijuana treatment center
  934  licensed pursuant to subparagraph (a)1. may contract with a
  935  single entity for the cultivation, processing, transporting, and
  936  dispensing of marijuana and marijuana delivery devices. A
  937  licensed medical marijuana treatment center must, at all times,
  938  maintain compliance with the criteria demonstrated and
  939  representations made in the initial application and the criteria
  940  established in this subsection. Upon request, the department may
  941  grant a medical marijuana treatment center a variance from the
  942  representations made in the initial application. Consideration
  943  of such a request shall be based upon the individual facts and
  944  circumstances surrounding the request. A variance may not be
  945  granted unless the requesting medical marijuana treatment center
  946  can demonstrate to the department that it has a proposed
  947  alternative to the specific representation made in its
  948  application which fulfills the same or a similar purpose as the
  949  specific representation in a way that the department can
  950  reasonably determine will not be a lower standard than the
  951  specific representation in the application. A variance may not
  952  be granted from the requirements in subparagraph 2. and
  953  subparagraphs (b)1. and 2.
  954         1.A licensed medical marijuana treatment center may
  955  transfer ownership to an individual or entity who meets the
  956  requirements of this section. A publicly traded corporation or
  957  publicly traded company that meets the requirements of this
  958  section is not precluded from ownership of a medical marijuana
  959  treatment center. To accommodate a change in ownership:
  960         a.The licensed medical marijuana treatment center shall
  961  notify the department in writing at least 60 days before the
  962  anticipated date of the change of ownership.
  963         b.The individual or entity applying for initial licensure
  964  due to a change of ownership must submit an application that
  965  must be received by the department at least 60 days before the
  966  date of change of ownership.
  967         c.Upon receipt of an application for a license, the
  968  department shall examine the application and, within 30 days
  969  after receipt, notify the applicant in writing of any apparent
  970  errors or omissions and request any additional information
  971  required.
  972         d.Requested information omitted from an application for
  973  licensure must be filed with the department within 21 days after
  974  the department’s request for omitted information or the
  975  application shall be deemed incomplete and shall be withdrawn
  976  from further consideration and the fees shall be forfeited.
  977  
  978  Within 30 days after the receipt of a complete application, the
  979  department shall approve or deny the application.
  980         2.A medical marijuana treatment center, and any individual
  981  or entity who directly or indirectly owns, controls, or holds
  982  with power to vote 5 percent or more of the voting shares of a
  983  medical marijuana treatment center, may not acquire direct or
  984  indirect ownership or control of any voting shares or other form
  985  of ownership of any other medical marijuana treatment center.
  986         3.A medical marijuana treatment center may not enter into
  987  any form of profit-sharing arrangement with the property owner
  988  or lessor of any of its facilities where cultivation,
  989  processing, storing, or dispensing of marijuana and marijuana
  990  delivery devices occurs.
  991         4.All employees of a medical marijuana treatment center
  992  must be 21 years of age or older and have passed a background
  993  screening pursuant to subsection (9).
  994         5.Each medical marijuana treatment center must adopt and
  995  enforce policies and procedures to ensure employees and
  996  volunteers receive training on the legal requirements to
  997  dispense marijuana to qualified patients.
  998         6.When growing marijuana, a medical marijuana treatment
  999  center:
 1000         a.May use pesticides determined by the department, after
 1001  consultation with the Department of Agriculture and Consumer
 1002  Services, to be safely applied to plants intended for human
 1003  consumption, but may not use pesticides designated as
 1004  restricted-use pesticides pursuant to s. 487.042.
 1005         b.Must grow marijuana within an enclosed structure and in
 1006  a room separate from any other plant.
 1007         c.Must inspect seeds and growing plants for plant pests
 1008  that endanger or threaten the horticultural and agricultural
 1009  interests of the state in accordance with chapter 581 and any
 1010  rules adopted thereunder.
 1011         d.Must perform fumigation or treatment of plants, or
 1012  remove and destroy infested or infected plants, in accordance
 1013  with chapter 581 and any rules adopted thereunder.
 1014         7.Each medical marijuana treatment center must produce and
 1015  make available for purchase at least one low-THC cannabis
 1016  product.
 1017         8.A medical marijuana treatment center that produces
 1018  edibles must hold a permit to operate as a food establishment
 1019  pursuant to chapter 500, the Florida Food Safety Act, and must
 1020  comply with all the requirements for food establishments
 1021  pursuant to chapter 500 and any rules adopted thereunder.
 1022  Edibles may not contain more than 200 milligrams of
 1023  tetrahydrocannabinol and a single serving portion of an edible
 1024  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
 1025  may have a potency variance of no greater than 15 percent.
 1026  Edibles may not be attractive to children; be manufactured in
 1027  the shape of humans, cartoons, or animals; be manufactured in a
 1028  form that bears any reasonable resemblance to products available
 1029  for consumption as commercially available candy; or contain any
 1030  color additives. To discourage consumption of edibles by
 1031  children, the department shall determine by rule any shapes,
 1032  forms, and ingredients allowed and prohibited for edibles.
 1033  Medical marijuana treatment centers may not begin processing or
 1034  dispensing edibles until after the effective date of the rule.
 1035  The department shall also adopt sanitation rules providing the
 1036  standards and requirements for the storage, display, or
 1037  dispensing of edibles.
 1038         9. Within 12 months after licensure, a medical marijuana
 1039  treatment center must demonstrate to the department that all of
 1040  its processing facilities have passed a Food Safety Good
 1041  Manufacturing Practices, such as Global Food Safety Initiative
 1042  or equivalent, inspection by a nationally accredited certifying
 1043  body. A medical marijuana treatment center must immediately stop
 1044  processing at any facility which fails to pass this inspection
 1045  until it demonstrates to the department that such facility has
 1046  met this requirement.
 1047         10.When processing marijuana, a medical marijuana
 1048  treatment center must:
 1049         a.Process the marijuana within an enclosed structure and
 1050  in a room separate from other plants or products.
 1051         b. Comply with department rules when processing marijuana
 1052  with hydrocarbon solvents or other solvents or gases exhibiting
 1053  potential toxicity to humans. The department shall determine by
 1054  rule the requirements for medical marijuana treatment centers to
 1055  use such solvents or gases exhibiting potential toxicity to
 1056  humans.
 1057         c. Comply with federal and state laws and regulations and
 1058  department rules for solid and liquid wastes. The department
 1059  shall determine by rule procedures for the storage, handling,
 1060  transportation, management, and disposal of solid and liquid
 1061  waste generated during marijuana production and processing. The
 1062  Department of Environmental Protection shall assist the
 1063  department in developing such rules.
 1064         d. Test the processed marijuana using a medical marijuana
 1065  testing laboratory before it is dispensed. Results must be
 1066  verified and signed by two medical marijuana treatment center
 1067  employees. Before dispensing, the medical marijuana treatment
 1068  center must determine that the test results indicate that low
 1069  THC cannabis meets the definition of low-THC cannabis, the
 1070  concentration of tetrahydrocannabinol meets the potency
 1071  requirements of this section, the labeling of the concentration
 1072  of tetrahydrocannabinol and cannabidiol is accurate, and all
 1073  marijuana is safe for human consumption and free from
 1074  contaminants that are unsafe for human consumption. The
 1075  department shall determine by rule which contaminants must be
 1076  tested for and the maximum levels of each contaminant which are
 1077  safe for human consumption. The Department of Agriculture and
 1078  Consumer Services shall assist the department in developing the
 1079  testing requirements for contaminants that are unsafe for human
 1080  consumption in edibles. The department shall also determine by
 1081  rule the procedures for the treatment of marijuana that fails to
 1082  meet the testing requirements of this section, s. 381.988, or
 1083  department rule. The department may select a random sample from
 1084  edibles available for purchase in a dispensing facility which
 1085  shall be tested by the department to determine that the edible
 1086  meets the potency requirements of this section, is safe for
 1087  human consumption, and the labeling of the tetrahydrocannabinol
 1088  and cannabidiol concentration is accurate. A medical marijuana
 1089  treatment center may not require payment from the department for
 1090  the sample. A medical marijuana treatment center must recall
 1091  edibles, including all edibles made from the same batch of
 1092  marijuana, which fail to meet the potency requirements of this
 1093  section, which are unsafe for human consumption, or for which
 1094  the labeling of the tetrahydrocannabinol and cannabidiol
 1095  concentration is inaccurate. The medical marijuana treatment
 1096  center must retain records of all testing and samples of each
 1097  homogenous batch of marijuana for at least 9 months. The medical
 1098  marijuana treatment center must contract with a marijuana
 1099  testing laboratory to perform audits on the medical marijuana
 1100  treatment center’s standard operating procedures, testing
 1101  records, and samples and provide the results to the department
 1102  to confirm that the marijuana or low-THC cannabis meets the
 1103  requirements of this section and that the marijuana or low-THC
 1104  cannabis is safe for human consumption. A medical marijuana
 1105  treatment center shall reserve two processed samples from each
 1106  batch and retain such samples for at least 9 months for the
 1107  purpose of such audits. A medical marijuana treatment center may
 1108  use a laboratory that has not been certified by the department
 1109  under s. 381.988 until such time as at least one laboratory
 1110  holds the required certification, but in no event later than
 1111  July 1, 2018.
 1112         e. Package the marijuana in compliance with the United
 1113  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
 1114  1471 et seq.
 1115         f. Package the marijuana in a receptacle that has a firmly
 1116  affixed and legible label stating the following information:
 1117         (I)The marijuana or low-THC cannabis meets the
 1118  requirements of sub-subparagraph d.
 1119         (II)The name of the medical marijuana treatment center
 1120  from which the marijuana originates.
 1121         (III)The batch number and harvest number from which the
 1122  marijuana originates and the date dispensed.
 1123         (IV)The name of the physician who issued the physician
 1124  certification.
 1125         (V)The name of the patient.
 1126         (VI)The product name, if applicable, and dosage form,
 1127  including concentration of tetrahydrocannabinol and cannabidiol.
 1128  The product name may not contain wording commonly associated
 1129  with products marketed by or to children.
 1130         (VII)The recommended dose.
 1131         (VIII)A warning that it is illegal to transfer medical
 1132  marijuana to another person.
 1133         (IX)A marijuana universal symbol developed by the
 1134  department.
 1135         11.The medical marijuana treatment center shall include in
 1136  each package a patient package insert with information on the
 1137  specific product dispensed related to:
 1138         a.Clinical pharmacology.
 1139         b.Indications and use.
 1140         c.Dosage and administration.
 1141         d.Dosage forms and strengths.
 1142         e.Contraindications.
 1143         f.Warnings and precautions.
 1144         g.Adverse reactions.
 1145         12.Each edible shall be individually sealed in plain,
 1146  opaque wrapping marked only with the marijuana universal symbol.
 1147  Where practical, each edible shall be marked with the marijuana
 1148  universal symbol. In addition to the packaging and labeling
 1149  requirements in subparagraphs 10. and 11., edible receptacles
 1150  must be plain, opaque, and white without depictions of the
 1151  product or images other than the medical marijuana treatment
 1152  center’s department-approved logo and the marijuana universal
 1153  symbol. The receptacle must also include a list all of the
 1154  edible’s ingredients, storage instructions, an expiration date,
 1155  a legible and prominent warning to keep away from children and
 1156  pets, and a warning that the edible has not been produced or
 1157  inspected pursuant to federal food safety laws.
 1158         13.When dispensing marijuana or a marijuana delivery
 1159  device, a medical marijuana treatment center:
 1160         a.May dispense any active, valid order for low-THC
 1161  cannabis, medical cannabis and cannabis delivery devices issued
 1162  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1163  entered into the medical marijuana use registry before July 1,
 1164  2017.
 1165         b.May not dispense more than a 70-day supply of marijuana
 1166  to a qualified patient or caregiver.
 1167         c.Must have the medical marijuana treatment center’s
 1168  employee who dispenses the marijuana or a marijuana delivery
 1169  device enter into the medical marijuana use registry his or her
 1170  name or unique employee identifier.
 1171         d.Must verify that the qualified patient and the
 1172  caregiver, if applicable, each has an active registration in the
 1173  medical marijuana use registry and an active and valid medical
 1174  marijuana use registry identification card, the amount and type
 1175  of marijuana dispensed matches the physician certification in
 1176  the medical marijuana use registry for that qualified patient,
 1177  and the physician certification has not already been filled.
 1178         e.May not dispense marijuana to a qualified patient who is
 1179  younger than 18 years of age. If the qualified patient is
 1180  younger than 18 years of age, marijuana may only be dispensed to
 1181  the qualified patient’s caregiver.
 1182         f.May not dispense or sell any other type of cannabis,
 1183  alcohol, or illicit drug-related product, including pipes,
 1184  bongs, or wrapping papers, other than a marijuana delivery
 1185  device required for the medical use of marijuana and which is
 1186  specified in a physician certification.
 1187         g.Must, upon dispensing the marijuana or marijuana
 1188  delivery device, record in the registry the date, time,
 1189  quantity, and form of marijuana dispensed; the type of marijuana
 1190  delivery device dispensed; and the name and medical marijuana
 1191  use registry identification number of the qualified patient or
 1192  caregiver to whom the marijuana delivery device was dispensed.
 1193         h.Must ensure that patient records are not visible to
 1194  anyone other than the qualified patient, his or her caregiver,
 1195  and authorized medical marijuana treatment center employees.
 1196         (f)To ensure the safety and security of premises where the
 1197  cultivation, processing, storing, or dispensing of marijuana
 1198  occurs, and to maintain adequate controls against the diversion,
 1199  theft, and loss of marijuana or marijuana delivery devices, a
 1200  medical marijuana treatment center shall:
 1201         1.a.Maintain a fully operational security alarm system
 1202  that secures all entry points and perimeter windows and is
 1203  equipped with motion detectors; pressure switches; and duress,
 1204  panic, and hold-up alarms; and
 1205         b.Maintain a video surveillance system that records
 1206  continuously 24 hours a day and meets the following criteria:
 1207         (I)Cameras are fixed in a place that allows for the clear
 1208  identification of persons and activities in controlled areas of
 1209  the premises. Controlled areas include grow rooms, processing
 1210  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1211  rooms.
 1212         (II)Cameras are fixed in entrances and exits to the
 1213  premises, which shall record from both indoor and outdoor, or
 1214  ingress and egress, vantage points.
 1215         (III)Recorded images must clearly and accurately display
 1216  the time and date.
 1217         (IV)Retain video surveillance recordings for at least 45
 1218  days or longer upon the request of a law enforcement agency.
 1219         2.Ensure that the medical marijuana treatment center’s
 1220  outdoor premises have sufficient lighting from dusk until dawn.
 1221         3.Ensure that the indoor premises where dispensing occurs
 1222  includes a waiting area with sufficient space and seating to
 1223  accommodate qualified patients and caregivers and at least one
 1224  private consultation area that is isolated from the waiting area
 1225  and area where dispensing occurs. A medical marijuana treatment
 1226  center may not display products or dispense marijuana or
 1227  marijuana delivery devices in the waiting area.
 1228         4.Not dispense from its premises marijuana or a marijuana
 1229  delivery device between the hours of 9 p.m. and 7 a.m., but may
 1230  perform all other operations and deliver marijuana to qualified
 1231  patients 24 hours a day.
 1232         5.Store marijuana in a secured, locked room or a vault.
 1233         6.Require at least two of its employees, or two employees
 1234  of a security agency with whom it contracts, to be on the
 1235  premises at all times where cultivation, processing, or storing
 1236  of marijuana occurs.
 1237         7.Require each employee or contractor to wear a photo
 1238  identification badge at all times while on the premises.
 1239         8.Require each visitor to wear a visitor pass at all times
 1240  while on the premises.
 1241         9.Implement an alcohol and drug-free workplace policy.
 1242         10.Report to local law enforcement within 24 hours after
 1243  the medical marijuana treatment center is notified or becomes
 1244  aware of the theft, diversion, or loss of marijuana.
 1245         (g)To ensure the safe transport of marijuana and marijuana
 1246  delivery devices to medical marijuana treatment centers,
 1247  marijuana testing laboratories, or qualified patients, a medical
 1248  marijuana treatment center must:
 1249         1.Maintain a marijuana transportation manifest in any
 1250  vehicle transporting marijuana. The marijuana transportation
 1251  manifest must be generated from a medical marijuana treatment
 1252  center’s seed-to-sale tracking system and include the:
 1253         a.Departure date and approximate time of departure.
 1254         b.Name, location address, and license number of the
 1255  originating medical marijuana treatment center.
 1256         c.Name and address of the recipient of the delivery.
 1257         d.Quantity and form of any marijuana or marijuana delivery
 1258  device being transported.
 1259         e.Arrival date and estimated time of arrival.
 1260         f.Delivery vehicle make and model and license plate
 1261  number.
 1262         g.Name and signature of the medical marijuana treatment
 1263  center employees delivering the product.
 1264         (I)A copy of the marijuana transportation manifest must be
 1265  provided to each individual, medical marijuana treatment center,
 1266  or marijuana testing laboratory that receives a delivery. The
 1267  individual, or a representative of the center or laboratory,
 1268  must sign a copy of the marijuana transportation manifest
 1269  acknowledging receipt.
 1270         (II)An individual transporting marijuana or a marijuana
 1271  delivery device must present a copy of the relevant marijuana
 1272  transportation manifest and his or her employee identification
 1273  card to a law enforcement officer upon request.
 1274         (III)Medical marijuana treatment centers and marijuana
 1275  testing laboratories must retain copies of all marijuana
 1276  transportation manifests for at least 3 years.
 1277         2.Ensure only vehicles in good working order are used to
 1278  transport marijuana.
 1279         3.Lock marijuana and marijuana delivery devices in a
 1280  separate compartment or container within the vehicle.
 1281         4.Require employees to have possession of their employee
 1282  identification card at all times when transporting marijuana or
 1283  marijuana delivery devices.
 1284         5.Require at least two persons to be in a vehicle
 1285  transporting marijuana or marijuana delivery devices, and
 1286  require at least one person to remain in the vehicle while the
 1287  marijuana or marijuana delivery device is being delivered.
 1288         6.Provide specific safety and security training to
 1289  employees transporting or delivering marijuana and marijuana
 1290  delivery devices.
 1291         (h)A medical marijuana treatment center may not engage in
 1292  advertising that is visible to members of the public from any
 1293  street, sidewalk, park, or other public place, except:
 1294         1.The dispensing location of a medical marijuana treatment
 1295  center may have a sign that is affixed to the outside or hanging
 1296  in the window of the premises which identifies the dispensary by
 1297  the licensee’s business name, a department-approved trade name,
 1298  or a department-approved logo. A medical marijuana treatment
 1299  center’s trade name and logo may not contain wording or images
 1300  commonly associated with marketing targeted toward children or
 1301  which promote recreational use of marijuana.
 1302         2.A medical marijuana treatment center may engage in
 1303  Internet advertising and marketing under the following
 1304  conditions:
 1305         a.All advertisements must be approved by the department.
 1306         b.An advertisement may not have any content that
 1307  specifically targets individuals under the age of 18, including
 1308  cartoon characters or similar images.
 1309         c.An advertisement may not be an unsolicited pop-up
 1310  advertisement.
 1311         d.Opt-in marketing must include an easy and permanent opt
 1312  out feature.
 1313         (i)Each medical marijuana treatment center that dispenses
 1314  marijuana and marijuana delivery devices shall make available to
 1315  the public on its website:
 1316         1.Each marijuana and low-THC product available for
 1317  purchase, including the form, strain of marijuana from which it
 1318  was extracted, cannabidiol content, tetrahydrocannabinol
 1319  content, dose unit, total number of doses available, and the
 1320  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1321         2.The price for a 30-day, 50-day, and 70-day supply at a
 1322  standard dose for each marijuana and low-THC product available
 1323  for purchase.
 1324         3.The price for each marijuana delivery device available
 1325  for purchase.
 1326         4.If applicable, any discount policies and eligibility
 1327  criteria for such discounts.
 1328         (j)Medical marijuana treatment centers are the sole source
 1329  from which a qualified patient may legally obtain marijuana.
 1330         (k)The department may adopt rules pursuant to ss.
 1331  120.536(1) and 120.54 to implement this subsection.
 1332         (9)BACKGROUND SCREENING.-An individual required to undergo
 1333  a background screening pursuant to this section must pass a
 1334  level 2 background screening as provided under chapter 435,
 1335  which, in addition to the disqualifying offenses provided in s.
 1336  435.04, shall exclude an individual who has an arrest awaiting
 1337  final disposition for, has been found guilty of, regardless of
 1338  adjudication, or has entered a plea of nolo contendere or guilty
 1339  to an offense under chapter 837, chapter 895, or chapter 896 or
 1340  similar law of another jurisdiction.
 1341         (a)Such individual must submit a full set of fingerprints
 1342  to the department or to a vendor, entity, or agency authorized
 1343  by s. 943.053(13). The department, vendor, entity, or agency
 1344  shall forward the fingerprints to the Department of Law
 1345  Enforcement for state processing, and the Department of Law
 1346  Enforcement shall forward the fingerprints to the Federal Bureau
 1347  of Investigation for national processing.
 1348         (b)Fees for state and federal fingerprint processing and
 1349  retention shall be borne by the individual. The state cost for
 1350  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1351  for records provided to persons or entities other than those
 1352  specified as exceptions therein.
 1353         (c)Fingerprints submitted to the Department of Law
 1354  Enforcement pursuant to this subsection shall be retained by the
 1355  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1356  (h) and, when the Department of Law Enforcement begins
 1357  participation in the program, enrolled in the Federal Bureau of
 1358  Investigation’s national retained print arrest notification
 1359  program. Any arrest record identified shall be reported to the
 1360  department.
 1361         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1362  ADMINISTRATIVE ACTIONS.—
 1363         (a)The department shall conduct announced or unannounced
 1364  inspections of medical marijuana treatment centers to determine
 1365  compliance with this section or rules adopted pursuant to this
 1366  section.
 1367         (b)The department shall inspect a medical marijuana
 1368  treatment center upon receiving a complaint or notice that the
 1369  medical marijuana treatment center has dispensed marijuana
 1370  containing mold, bacteria, or other contaminant that may cause
 1371  or has caused an adverse effect to human health or the
 1372  environment.
 1373         (c)The department shall conduct at least a biennial
 1374  inspection of each medical marijuana treatment center to
 1375  evaluate the medical marijuana treatment center’s records,
 1376  personnel, equipment, processes, security measures, sanitation
 1377  practices, and quality assurance practices.
 1378         (d)The Department of Agriculture and Consumer Services and
 1379  the department shall enter into an interagency agreement to
 1380  ensure cooperation and coordination in the performance of their
 1381  obligations under this section and their respective regulatory
 1382  and authorizing laws. The department, the Department of Highway
 1383  Safety and Motor Vehicles, and the Department of Law Enforcement
 1384  may enter into interagency agreements for the purposes specified
 1385  in this subsection or subsection (7).
 1386         (e)The department shall publish a list of all approved
 1387  medical marijuana treatment centers, medical directors, and
 1388  qualified physicians on its website.
 1389         (f)The department may impose reasonable fines not to
 1390  exceed $10,000 on a medical marijuana treatment center for any
 1391  of the following violations:
 1392         1.Violating this section or department rule.
 1393         2.Failing to maintain qualifications for approval.
 1394         3.Endangering the health, safety, or security of a
 1395  qualified patient.
 1396         4.Improperly disclosing personal and confidential
 1397  information of the qualified patient.
 1398         5.Attempting to procure medical marijuana treatment center
 1399  approval by bribery, fraudulent misrepresentation, or extortion.
 1400         6.Being convicted or found guilty of, or entering a plea
 1401  of guilty or nolo contendere to, regardless of adjudication, a
 1402  crime in any jurisdiction which directly relates to the business
 1403  of a medical marijuana treatment center.
 1404         7.Making or filing a report or record that the medical
 1405  marijuana treatment center knows to be false.
 1406         8.Willfully failing to maintain a record required by this
 1407  section or department rule.
 1408         9.Willfully impeding or obstructing an employee or agent
 1409  of the department in the furtherance of his or her official
 1410  duties.
 1411         10.Engaging in fraud or deceit, negligence, incompetence,
 1412  or misconduct in the business practices of a medical marijuana
 1413  treatment center.
 1414         11.Making misleading, deceptive, or fraudulent
 1415  representations in or related to the business practices of a
 1416  medical marijuana treatment center.
 1417         12.Having a license or the authority to engage in any
 1418  regulated profession, occupation, or business that is related to
 1419  the business practices of a medical marijuana treatment center
 1420  suspended, revoked, or otherwise acted against by the licensing
 1421  authority of any jurisdiction, including its agencies or
 1422  subdivisions, for a violation that would constitute a violation
 1423  under Florida law.
 1424         13.Violating a lawful order of the department or an agency
 1425  of the state, or failing to comply with a lawfully issued
 1426  subpoena of the department or an agency of the state.
 1427         (g)The department may suspend, revoke, or refuse to renew
 1428  a medical marijuana treatment center license if the medical
 1429  marijuana treatment center commits any of the violations in
 1430  paragraph (f).
 1431         (h)The department may adopt rules pursuant to ss.
 1432  120.536(1) and 120.54 to implement this subsection.
 1433         (11)PREEMPTION.—Regulation of cultivation, processing, and
 1434  delivery of marijuana by medical marijuana treatment centers is
 1435  preempted to the state except as provided in this subsection.
 1436         (a)A medical marijuana treatment center cultivating or
 1437  processing facility may not be located within 500 feet of the
 1438  real property that comprises a public or private elementary
 1439  school, middle school, or secondary school.
 1440         (b)1. A county or municipality may, by ordinance, ban
 1441  medical marijuana treatment center dispensing facilities from
 1442  being located within the boundaries of that county or
 1443  municipality. A county or municipality that does not ban
 1444  dispensing facilities under this subparagraph may not place
 1445  specific limits, by ordinance, on the number of dispensing
 1446  facilities that may locate within that county or municipality.
 1447         2. A municipality may determine by ordinance the criteria
 1448  for the location of, and other permitting requirements that do
 1449  not conflict with state law or department rule for, medical
 1450  marijuana treatment center dispensing facilities located within
 1451  the boundaries of that municipality. A county may determine by
 1452  ordinance the criteria for the location of, and other permitting
 1453  requirements that do not conflict with state law or department
 1454  rule for, all such dispensing facilities located within the
 1455  unincorporated areas of that county. Except as provided in
 1456  paragraph (c), a county or municipality may not enact ordinances
 1457  for permitting or for determining the location of dispensing
 1458  facilities which are more restrictive than its ordinances
 1459  permitting or determining the locations for pharmacies licensed
 1460  under chapter 465. A municipality or county may not charge a
 1461  medical marijuana treatment center a license or permit fee in an
 1462  amount greater than the fee charged by such municipality or
 1463  county to pharmacies. A dispensing facility location approved by
 1464  a municipality or county pursuant to former s. 381.986(8)(b),
 1465  Florida Statutes 2016, is not subject to the location
 1466  requirements of this subsection.
 1467         (c)A medical marijuana treatment center dispensing
 1468  facility may not be located within 500 feet of the real property
 1469  that comprises a public or private elementary school, middle
 1470  school, or secondary school unless the county or municipality
 1471  approves the location through a formal proceeding open to the
 1472  public at which the county or municipality determines that the
 1473  location promotes the public health, safety, and general welfare
 1474  of the community.
 1475         (d)This subsection does not prohibit any local
 1476  jurisdiction from ensuring medical marijuana treatment center
 1477  facilities comply with the Florida Building Code, the Florida
 1478  Fire Prevention Code, or any local amendments to the Florida
 1479  Building Code or the Florida Fire Prevention Code.
 1480         (12)PENALTIES.—
 1481         (a)A qualified physician commits a misdemeanor of the
 1482  first degree, punishable as provided in s. 775.082 or s.
 1483  775.083, if the qualified physician issues a physician
 1484  certification for the medical use of marijuana for a patient
 1485  without a reasonable belief that the patient is suffering from a
 1486  qualifying medical condition.
 1487         (b)A person who fraudulently represents that he or she has
 1488  a qualifying medical condition to a qualified physician for the
 1489  purpose of being issued a physician certification commits a
 1490  misdemeanor of the first degree, punishable as provided in s.
 1491  775.082 or s. 775.083.
 1492         (c)A qualified patient who uses marijuana, not including
 1493  low-THC cannabis, or a caregiver who administers marijuana, not
 1494  including low-THC cannabis, in plain view of or in a place open
 1495  to the general public; in a school bus, a vehicle, an aircraft,
 1496  or a boat; or on the grounds of a school except as provided in
 1497  s. 1006.062, commits a misdemeanor of the first degree,
 1498  punishable as provided in s. 775.082 or s. 775.083.
 1499         (d)A qualified patient or caregiver who cultivates
 1500  marijuana or who purchases or acquires marijuana from any person
 1501  or entity other than a medical marijuana treatment center
 1502  violates s. 893.13 and is subject to the penalties provided
 1503  therein.
 1504         (e)1.A qualified patient or caregiver in possession of
 1505  marijuana or a marijuana delivery device who fails or refuses to
 1506  present his or her marijuana use registry identification card
 1507  upon the request of a law enforcement officer commits a
 1508  misdemeanor of the second degree, punishable as provided in s.
 1509  775.082 or s. 775.083, unless it can be determined through the
 1510  medical marijuana use registry that the person is authorized to
 1511  be in possession of that marijuana or marijuana delivery device.
 1512         2.A person charged with a violation of this paragraph may
 1513  not be convicted if, before or at the time of his or her court
 1514  or hearing appearance, the person produces in court or to the
 1515  clerk of the court in which the charge is pending a medical
 1516  marijuana use registry identification card issued to him or her
 1517  which is valid at the time of his or her arrest. The clerk of
 1518  the court is authorized to dismiss such case at any time before
 1519  the defendant’s appearance in court. The clerk of the court may
 1520  assess a fee of $5 for dismissing the case under this paragraph.
 1521         (f)A caregiver who violates any of the applicable
 1522  provisions of this section or applicable department rules, for
 1523  the first offense, commits a misdemeanor of the second degree,
 1524  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1525  second or subsequent offense, commits a misdemeanor of the first
 1526  degree, punishable as provided in s. 775.082 or s. 775.083.
 1527         (g)A qualified physician who issues a physician
 1528  certification for marijuana or a marijuana delivery device and
 1529  receives compensation from a medical marijuana treatment center
 1530  related to the issuance of a physician certification for
 1531  marijuana or a marijuana delivery device is subject to
 1532  disciplinary action under the applicable practice act and s.
 1533  456.072(1)(n).
 1534         (h)A person transporting marijuana or marijuana delivery
 1535  devices on behalf of a medical marijuana treatment center or
 1536  marijuana testing laboratory who fails or refuses to present a
 1537  transportation manifest upon the request of a law enforcement
 1538  officer commits a misdemeanor of the second degree, punishable
 1539  as provided in s. 775.082 or s. 775.083.
 1540         (i)Persons and entities conducting activities authorized
 1541  and governed by this section and s. 381.988 are subject to ss.
 1542  456.053, 456.054, and 817.505, as applicable.
 1543         (j)A person or entity that cultivates, processes,
 1544  distributes, sells, or dispenses marijuana, as defined in s.
 1545  29(b)(4), Art. X of the State Constitution, and is not licensed
 1546  as a medical marijuana treatment center violates s. 893.13 and
 1547  is subject to the penalties provided therein.
 1548         (k) A person who manufactures, distributes, sells, gives,
 1549  or possesses with the intent to manufacture, distribute, sell,
 1550  or give marijuana or a marijuana delivery device that he or she
 1551  holds out to have originated from a licensed medical marijuana
 1552  treatment center but that is counterfeit commits a felony of the
 1553  third degree, punishable as provided in s. 775.082, s. 775.083,
 1554  or s. 775.084. For the purposes of this paragraph, the term
 1555  “counterfeit” means marijuana; a marijuana delivery device; or a
 1556  marijuana or marijuana delivery device container, seal, or label
 1557  which, without authorization, bears the trademark, trade name,
 1558  or other identifying mark, imprint, or device, or any likeness
 1559  thereof, of a licensed medical marijuana treatment center and
 1560  which thereby falsely purports or is represented to be the
 1561  product of, or to have been distributed by, that licensed
 1562  medical marijuana treatment facility.
 1563         (l) Any person who possesses or manufactures a blank,
 1564  forged, stolen, fictitious, fraudulent, counterfeit, or
 1565  otherwise unlawfully issued medical marijuana use registry
 1566  identification card commits a felony of the third degree,
 1567  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1568         (13)UNLICENSED ACTIVITY.—
 1569         (a)If the department has probable cause to believe that a
 1570  person or entity that is not registered or licensed with the
 1571  department has violated this section, s. 381.988, or any rule
 1572  adopted pursuant to this section, the department may issue and
 1573  deliver to such person or entity a notice to cease and desist
 1574  from such violation. The department also may issue and deliver a
 1575  notice to cease and desist to any person or entity who aids and
 1576  abets such unlicensed activity. The issuance of a notice to
 1577  cease and desist does not constitute agency action for which a
 1578  hearing under s. 120.569 or s. 120.57 may be sought. For the
 1579  purpose of enforcing a cease and desist order, the department
 1580  may file a proceeding in the name of the state seeking issuance
 1581  of an injunction or a writ of mandamus against any person or
 1582  entity who violates any provisions of such order.
 1583         (b)In addition to the remedies under paragraph (a), the
 1584  department may impose by citation an administrative penalty not
 1585  to exceed $5,000 per incident. The citation shall be issued to
 1586  the subject and must contain the subject’s name and any other
 1587  information the department determines to be necessary to
 1588  identify the subject, a brief factual statement, the sections of
 1589  the law allegedly violated, and the penalty imposed. If the
 1590  subject does not dispute the matter in the citation with the
 1591  department within 30 days after the citation is served, the
 1592  citation shall become a final order of the department. The
 1593  department may adopt rules pursuant to ss. 120.536(1) and 120.54
 1594  to implement this section. Each day that the unlicensed activity
 1595  continues after issuance of a notice to cease and desist
 1596  constitutes a separate violation. The department shall be
 1597  entitled to recover the costs of investigation and prosecution
 1598  in addition to the fine levied pursuant to the citation. Service
 1599  of a citation may be made by personal service or by mail to the
 1600  subject at the subject’s last known address or place of
 1601  practice. If the department is required to seek enforcement of
 1602  the cease and desist or agency order, it shall be entitled to
 1603  collect attorney fees and costs.
 1604         (c)In addition to or in lieu of any other administrative
 1605  remedy, the department may seek the imposition of a civil
 1606  penalty through the circuit court for any violation for which
 1607  the department may issue a notice to cease and desist. The civil
 1608  penalty shall be no less than $5,000 and no more than $10,000
 1609  for each offense. The court may also award to the prevailing
 1610  party court costs and reasonable attorney fees and, in the event
 1611  the department prevails, may also award reasonable costs of
 1612  investigation and prosecution.
 1613         (d)In addition to the other remedies provided in this
 1614  section, the department or any state attorney may bring an
 1615  action for an injunction to restrain any unlicensed activity or
 1616  to enjoin the future operation or maintenance of the unlicensed
 1617  activity or the performance of any service in violation of this
 1618  section.
 1619         (e)The department must notify local law enforcement of
 1620  such unlicensed activity for a determination of any criminal
 1621  violation of chapter 893.
 1622         (14)EXCEPTIONS TO OTHER LAWS.—
 1623         (a)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1624  any other provision of law, but subject to the requirements of
 1625  this section, a qualified patient and the qualified patient’s
 1626  caregiver may purchase from a medical marijuana treatment center
 1627  for the patient’s medical use a marijuana delivery device and up
 1628  to the amount of marijuana authorized in the physician
 1629  certification, but may not possess more than a 70-day supply of
 1630  marijuana at any given time and all marijuana purchased must
 1631  remain in its original packaging.
 1632         (b)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1633  any other provision of law, but subject to the requirements of
 1634  this section, an approved medical marijuana treatment center and
 1635  its owners, managers, and employees may manufacture, possess,
 1636  sell, deliver, distribute, dispense, and lawfully dispose of
 1637  marijuana or a marijuana delivery device as provided in this
 1638  section, s. 381.988, and by department rule. For the purposes of
 1639  this subsection, the terms “manufacture,” “possession,”
 1640  “deliver,” “distribute,” and “dispense” have the same meanings
 1641  as provided in s. 893.02.
 1642         (c)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1643  any other provision of law, but subject to the requirements of
 1644  this section, a certified marijuana testing laboratory,
 1645  including an employee of a certified marijuana testing
 1646  laboratory acting within the scope of his or her employment, may
 1647  acquire, possess, test, transport, and lawfully dispose of
 1648  marijuana as provided in this section, in s. 381.988, and by
 1649  department rule.
 1650         (d)A licensed medical marijuana treatment center and its
 1651  owners, managers, and employees are not subject to licensure or
 1652  regulation under chapter 465 or chapter 499 for manufacturing,
 1653  possessing, selling, delivering, distributing, dispensing, or
 1654  lawfully disposing of marijuana or a marijuana delivery device,
 1655  as provided in this section, s. 381.988, and by department rule.
 1656         (e)This subsection does not exempt a person from
 1657  prosecution for a criminal offense related to impairment or
 1658  intoxication resulting from the medical use of marijuana or
 1659  relieve a person from any requirement under law to submit to a
 1660  breath, blood, urine, or other test to detect the presence of a
 1661  controlled substance.
 1662         (f)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1663  any other provision of law, but subject to the requirements of
 1664  this section and pursuant to policies and procedures established
 1665  pursuant to s. 1006.62(8), school personnel may possess
 1666  marijuana that is obtained for medical use pursuant to this
 1667  section by a student who is a qualified patient.
 1668         (g)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1669  any other provision of law, but subject to the requirements of
 1670  this section, a research institute established by a public
 1671  postsecondary educational institution, such as the H. Lee
 1672  Moffitt Cancer Center and Research Institute, Inc., established
 1673  under s. 1004.43, or a state university that has achieved the
 1674  preeminent state research university designation under s.
 1675  1001.7065 may possess, test, transport, and lawfully dispose of
 1676  marijuana for research purposes as provided by this section.
 1677         (15)APPLICABILITY.—This section does not limit the ability
 1678  of an employer to establish, continue, or enforce a drug-free
 1679  workplace program or policy. This section does not require an
 1680  employer to accommodate the medical use of marijuana in any
 1681  workplace or any employee working while under the influence of
 1682  marijuana. This section does not create a cause of action
 1683  against an employer for wrongful discharge or discrimination.
 1684  Marijuana, as defined in this section, is not reimbursable under
 1685  chapter 440.
 1686         (16) FINES AND FEES.—Fines and fees collected by the
 1687  department under this section shall be deposited in the Grants
 1688  and Donations Trust Fund within the Department of Health.
 1689         Section 4. Paragraph (uu) is added to subsection (1) of
 1690  section 458.331, Florida Statutes, to read:
 1691         458.331 Grounds for disciplinary action; action by the
 1692  board and department.—
 1693         (1) The following acts constitute grounds for denial of a
 1694  license or disciplinary action, as specified in s. 456.072(2):
 1695         (uu)Issuing a physician certification, as defined in s.
 1696  381.986, in a manner out of compliance with the requirements of
 1697  that section and rules adopted thereunder.
 1698         Section 5. Paragraph (ww) is added to subsection (1) of
 1699  section 459.015, Florida Statutes, to read:
 1700         459.015 Grounds for disciplinary action; action by the
 1701  board and department.—
 1702         (1) The following acts constitute grounds for denial of a
 1703  license or disciplinary action, as specified in s. 456.072(2):
 1704         (ww)Issuing a physician certification, as defined in s.
 1705  381.986, in a manner not in compliance with the requirements of
 1706  that section and rules adopted thereunder.
 1707         Section 6. Section 381.988, Florida Statutes, is created to
 1708  read:
 1709         381.988Medical marijuana testing laboratories; marijuana
 1710  tests conducted by a certified laboratory.—
 1711         (1)A person or entity seeking to be a certified marijuana
 1712  testing laboratory must:
 1713         (a)Not be owned or controlled by a medical marijuana
 1714  treatment center.
 1715         (b)Submit a completed application accompanied by an
 1716  application fee, as established by department rule.
 1717         (c)Submit proof of an accreditation or a certification
 1718  approved by the department issued by an accreditation or a
 1719  certification organization approved by the department. The
 1720  department shall adopt by rule a list of approved laboratory
 1721  accreditations or certifications and accreditation or
 1722  certification organizations.
 1723         (d)Require all owners and managers to submit to and pass a
 1724  level 2 background screening pursuant to s. 435.04 and shall
 1725  deny certification if the person or entity has been found guilty
 1726  of, or has entered a plea of guilty or nolo contendere to,
 1727  regardless of adjudication, any offense listed in chapter 837,
 1728  chapter 895, or chapter 896 or similar law of another
 1729  jurisdiction.
 1730         1.Such owners and managers must submit a full set of
 1731  fingerprints to the department or to a vendor, entity, or agency
 1732  authorized by s. 943.053(13). The department, vendor, entity, or
 1733  agency shall forward the fingerprints to the Department of Law
 1734  Enforcement for state processing, and the Department of Law
 1735  Enforcement shall forward the fingerprints to the Federal Bureau
 1736  of Investigation for national processing.
 1737         2.Fees for state and federal fingerprint processing and
 1738  retention shall be borne by such owners or managers. The state
 1739  cost for fingerprint processing shall be as provided in s.
 1740  943.053(3)(e) for records provided to persons or entities other
 1741  than those specified as exceptions therein.
 1742         3.Fingerprints submitted to the Department of Law
 1743  Enforcement pursuant to this paragraph shall be retained by the
 1744  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1745  (h) and, when the Department of Law Enforcement begins
 1746  participation in the program, enrolled in the Federal Bureau of
 1747  Investigation’s national retained print arrest notification
 1748  program. Any arrest record identified shall be reported to the
 1749  department.
 1750         (e)Demonstrate to the department the capability of meeting
 1751  the standards for certification required by this subsection, and
 1752  the testing requirements of s. 381.986 and this section and
 1753  rules adopted thereunder.
 1754         (2)The department shall adopt rules pursuant to ss.
 1755  120.536(1) and 120.54 establishing a procedure for initial
 1756  certification and biennial renewal, including initial
 1757  application and biennial renewal fees sufficient to cover the
 1758  costs of administering this certification program. The
 1759  department shall renew the certification biennially if the
 1760  laboratory meets the requirements of this section and pays the
 1761  biennial renewal fee.
 1762         (3)The department shall adopt rules pursuant to ss.
 1763  120.536(1) and 120.54 establishing the standards for
 1764  certification of marijuana testing laboratories under this
 1765  section. The Department of Agriculture and Consumer Services and
 1766  the Department of Environmental Protection shall assist the
 1767  department in developing the rule, which must include, but is
 1768  not limited to:
 1769         (a)Security standards.
 1770         (b)Minimum standards for personnel.
 1771         (c)Sample collection method and process standards.
 1772         (d)Proficiency testing for tetrahydrocannabinol potency,
 1773  concentration of cannabidiol, and contaminants unsafe for human
 1774  consumption, as determined by department rule.
 1775         (e)Reporting content, format, and frequency.
 1776         (f)Audits and onsite inspections.
 1777         (g)Quality assurance.
 1778         (h)Equipment and methodology.
 1779         (i)Chain of custody.
 1780         (j)Any other standard the department deems necessary to
 1781  ensure the health and safety of the public.
 1782         (4)A marijuana testing laboratory may acquire marijuana
 1783  only from a medical marijuana treatment center. A marijuana
 1784  testing laboratory is prohibited from selling, distributing, or
 1785  transferring marijuana received from a marijuana treatment
 1786  center, except that a marijuana testing laboratory may transfer
 1787  a sample to another marijuana testing laboratory in this state.
 1788         (5)A marijuana testing laboratory must properly dispose of
 1789  all samples it receives, unless transferred to another marijuana
 1790  testing laboratory, after all necessary tests have been
 1791  conducted and any required period of storage has elapsed, as
 1792  established by department rule.
 1793         (6)A marijuana testing laboratory shall use the computer
 1794  software tracking system selected by the department under s.
 1795  381.986.
 1796         (7)The following acts constitute grounds for which
 1797  disciplinary action specified in subsection (8) may be taken
 1798  against a certified marijuana testing laboratory:
 1799         (a)Permitting unauthorized persons to perform technical
 1800  procedures or issue reports.
 1801         (b)Demonstrating incompetence or making consistent errors
 1802  in the performance of testing or erroneous reporting.
 1803         (c)Performing a test and rendering a report thereon to a
 1804  person or entity not authorized by law to receive such services.
 1805         (d)Failing to file any report required under this section
 1806  or s. 381.986 or the rules adopted thereunder.
 1807         (e)Reporting a test result if the test was not performed.
 1808         (f)Failing to correct deficiencies within the time
 1809  required by the department.
 1810         (g)Violating or aiding and abetting in the violation of
 1811  any provision of s. 381.986 or this section or any rules adopted
 1812  thereunder.
 1813         (8)The department may refuse to issue or renew, or may
 1814  suspend or revoke, the certification of a marijuana testing
 1815  laboratory that is found to be in violation of this section or
 1816  any rules adopted hereunder. The department may impose fines for
 1817  violations of this section or rules adopted thereunder, based on
 1818  a schedule adopted in rule. In determining the administrative
 1819  action to be imposed for a violation, the department must
 1820  consider the following factors:
 1821         (a)The severity of the violation, including the
 1822  probability of death or serious harm to the health or safety of
 1823  any person that may result or has resulted; the severity or
 1824  potential harm; and the extent to which s. 381.986 or this
 1825  section were violated.
 1826         (b)The actions taken by the marijuana testing laboratory
 1827  to correct the violation or to remedy the complaint.
 1828         (c)Any previous violation by the marijuana testing
 1829  laboratory.
 1830         (d)The financial benefit to the marijuana testing
 1831  laboratory of committing or continuing the violation.
 1832         (9)The department may adopt rules pursuant to ss.
 1833  120.536(1) and 120.54 to implement this section.
 1834         (10) Fees collected by the department under this section
 1835  shall be deposited in the Grants and Donations Trust Fund within
 1836  the Department of Health.
 1837         Section 7. Section 381.989, Florida Statutes, is created to
 1838  read:
 1839         381.989Public education campaigns.—
 1840         (1)DEFINITIONS.—As used in this section, the term:
 1841         (a)“Cannabis” has the same meaning as in s. 893.02.
 1842         (b)“Department” means the Department of Health.
 1843         (c)“Marijuana” has the same meaning as in s. 381.986.
 1844         (2)STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT
 1845  USE PREVENTION CAMPAIGN.—
 1846         (a)The department shall implement a statewide cannabis and
 1847  marijuana education and illicit use prevention campaign to
 1848  publicize accurate information regarding:
 1849         1.The legal requirements for licit use and possession of
 1850  marijuana in this state.
 1851         2.Safe use of marijuana, including preventing access by
 1852  persons other than qualified patients as defined in s. 381.986,
 1853  particularly children.
 1854         3.The short-term and long-term health effects of cannabis
 1855  and marijuana use, particularly on minors and young adults.
 1856         4.Other cannabis-related and marijuana-related education
 1857  determined by the department to be necessary to the public
 1858  health and safety.
 1859         (b)The department shall provide educational materials
 1860  regarding the eligibility for medical use of marijuana by
 1861  individuals diagnosed with a terminal condition to individuals
 1862  that provide palliative care or hospice services.
 1863         (c)The department may use television messaging, radio
 1864  broadcasts, print media, digital strategies, social media, and
 1865  any other form of messaging deemed necessary and appropriate by
 1866  the department to implement the campaign. The department may
 1867  work with school districts, community organizations, and
 1868  businesses and business organizations and other entities to
 1869  provide training and programming.
 1870         (d)The department may contract with one or more vendors to
 1871  implement the campaign.
 1872         (e)The department shall contract with an independent
 1873  entity to conduct annual evaluations of the campaign. The
 1874  evaluations shall assess the reach and impact of the campaign,
 1875  success in educating the citizens of the state regarding the
 1876  legal parameters for marijuana use, success in preventing
 1877  illicit access by adults and youth, and success in preventing
 1878  negative health impacts from the legalization of marijuana. The
 1879  first year of the program, the evaluator shall conduct surveys
 1880  to establish baseline data on youth and adult cannabis use, the
 1881  attitudes of youth and the general public toward cannabis and
 1882  marijuana, and any other data deemed necessary for long-term
 1883  analysis. By January 31 of each year, the department shall
 1884  submit to the Governor, the President of the Senate, and the
 1885  Speaker of the House of Representatives the annual evaluation of
 1886  the campaign.
 1887         (3)STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.—
 1888         (a)The Department of Highway Safety and Motor Vehicles
 1889  shall implement a statewide impaired driving education campaign
 1890  to raise awareness and prevent marijuana-related and cannabis
 1891  related impaired driving and may contract with one or more
 1892  vendors to implement the campaign. The Department of Highway
 1893  Safety and Motor Vehicles may use television messaging, radio
 1894  broadcasts, print media, digital strategies, social media, and
 1895  any other form of messaging deemed necessary and appropriate by
 1896  the department to implement the campaign.
 1897         (b)At a minimum, the Department of Highway Safety and
 1898  Motor Vehicles or a contracted vendor shall establish baseline
 1899  data on the number of marijuana-related citations for driving
 1900  under the influence, marijuana-related traffic arrests,
 1901  marijuana-related traffic accidents, and marijuana-related
 1902  traffic fatalities, and shall track these measures annually
 1903  thereafter. The Department of Highway Safety and Motor Vehicles
 1904  or a contracted vendor shall annually evaluate and compile a
 1905  report on the efficacy of the campaign based on those measures
 1906  and other measures established by the Department of Highway
 1907  Safety and Motor Vehicles. By January 31 of each year, the
 1908  Department of Highway Safety and Motor Vehicles shall submit the
 1909  report on the evaluation of the campaign to the Governor, the
 1910  President of the Senate, and the Speaker of the House of
 1911  Representatives.
 1912         Section 8. Subsection (1) of section 385.211, Florida
 1913  Statutes, is amended to read:
 1914         385.211 Refractory and intractable epilepsy treatment and
 1915  research at recognized medical centers.—
 1916         (1) As used in this section, the term “low-THC cannabis”
 1917  means “low-THC cannabis” as defined in s. 381.986 that is
 1918  dispensed only from a dispensing organization as defined in
 1919  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 1920  treatment center as defined in s. 381.986.
 1921         Section 9. Paragraphs (b) through (e) of subsection (2) of
 1922  section 499.0295, Florida Statutes, are redesignated as
 1923  paragraphs (a) through (d), respectively, and present paragraphs
 1924  (a) and (c) of that subsection, and subsection (3) of that
 1925  section are amended, to read:
 1926         499.0295 Experimental treatments for terminal conditions.—
 1927         (2) As used in this section, the term:
 1928         (a)“Dispensing organization” means an organization
 1929  approved by the Department of Health under s. 381.986(5) to
 1930  cultivate, process, transport, and dispense low-THC cannabis,
 1931  medical cannabis, and cannabis delivery devices.
 1932         (b)(c) “Investigational drug, biological product, or
 1933  device” means:
 1934         1. a drug, biological product, or device that has
 1935  successfully completed phase 1 of a clinical trial but has not
 1936  been approved for general use by the United States Food and Drug
 1937  Administration and remains under investigation in a clinical
 1938  trial approved by the United States Food and Drug
 1939  Administration; or
 1940         2.Medical cannabis that is manufactured and sold by a
 1941  dispensing organization.
 1942         (3) Upon the request of an eligible patient, a manufacturer
 1943  may, or upon a physician’s order pursuant to s. 381.986, a
 1944  dispensing organization may:
 1945         (a) Make its investigational drug, biological product, or
 1946  device available under this section.
 1947         (b) Provide an investigational drug, biological product, or
 1948  device, or cannabis delivery device as defined in s. 381.986 to
 1949  an eligible patient without receiving compensation.
 1950         (c) Require an eligible patient to pay the costs of, or the
 1951  costs associated with, the manufacture of the investigational
 1952  drug, biological product, or device, or cannabis delivery device
 1953  as defined in s. 381.986.
 1954         Section 10. Subsection (3) of section 893.02, Florida
 1955  Statutes, is amended to read:
 1956         893.02 Definitions.—The following words and phrases as used
 1957  in this chapter shall have the following meanings, unless the
 1958  context otherwise requires:
 1959         (3) “Cannabis” means all parts of any plant of the genus
 1960  Cannabis, whether growing or not; the seeds thereof; the resin
 1961  extracted from any part of the plant; and every compound,
 1962  manufacture, salt, derivative, mixture, or preparation of the
 1963  plant or its seeds or resin. The term does not include
 1964  “marijuana,” “low-THC cannabis,” as defined in s. 381.986, if
 1965  manufactured, possessed, sold, purchased, delivered,
 1966  distributed, or dispensed, in conformance with s. 381.986.
 1967         Section 11. Section 1004.4351, Florida Statutes, is created
 1968  to read:
 1969         1004.4351Medical marijuana research and education.—
 1970         (1)SHORT TITLE.—This section shall be known and may be
 1971  cited as the “Medical Marijuana Research and Education Act.”
 1972         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
 1973         (a)The present state of knowledge concerning the use of
 1974  marijuana to alleviate pain and treat illnesses is limited
 1975  because permission to perform clinical studies on marijuana is
 1976  difficult to obtain, with access to research-grade marijuana so
 1977  restricted that little or no unbiased studies have been
 1978  performed.
 1979         (b)Under the State Constitution, marijuana is available
 1980  for the treatment of certain debilitating medical conditions.
 1981         (c)Additional clinical studies are needed to ensure that
 1982  the residents of this state obtain the correct dosing,
 1983  formulation, route, modality, frequency, quantity, and quality
 1984  of marijuana for specific illnesses.
 1985         (d)An effective medical marijuana research and education
 1986  program would mobilize the scientific, educational, and medical
 1987  resources that presently exist in this state to determine the
 1988  appropriate and best use of marijuana to treat illness.
 1989         (3)DEFINITIONS.—As used in this section, the term:
 1990         (a)“Board” means the Medical Marijuana Research and
 1991  Education Board.
 1992         (b)“Coalition” means the Coalition for Medical Marijuana
 1993  Research and Education.
 1994         (c)“Marijuana” has the same meaning as provided in s. 29,
 1995  Art. X of the State Constitution.
 1996         (4)COALITION FOR MEDICAL MARIJUANA RESEARCH AND
 1997  EDUCATION.—
 1998         (a)There is established within the H. Lee Moffitt Cancer
 1999  Center and Research Institute, Inc., the Coalition for Medical
 2000  Marijuana Research and Education. The purpose of the coalition
 2001  is to conduct rigorous scientific research, provide education,
 2002  disseminate research, and guide policy for the adoption of a
 2003  statewide policy on ordering and dosing practices for the
 2004  medical use of marijuana. The coalition shall be physically
 2005  located at the H. Lee Moffitt Cancer Center and Research
 2006  Institute, Inc.
 2007         (b)The Medical Marijuana Research and Education Board is
 2008  established to direct the operations of the coalition. The board
 2009  shall be composed of seven members appointed by the chief
 2010  executive officer of the H. Lee Moffitt Cancer Center and
 2011  Research Institute, Inc. Board members must have experience in a
 2012  variety of scientific and medical fields, including, but not
 2013  limited to, oncology, neurology, psychology, pediatrics,
 2014  nutrition, and addiction. Members shall be appointed to 4-year
 2015  terms and may be reappointed to serve additional terms. The
 2016  chair shall be elected by the board from among its members to
 2017  serve a 2-year term. The board shall meet at least semiannually
 2018  at the call of the chair or, in his or her absence or
 2019  incapacity, the vice chair. Four members constitute a quorum. A
 2020  majority vote of the members present is required for all actions
 2021  of the board. The board may prescribe, amend, and repeal a
 2022  charter governing the manner in which it conducts its business.
 2023  A board member shall serve without compensation but is entitled
 2024  to be reimbursed for travel expenses by the coalition or the
 2025  organization he or she represents in accordance with s. 112.061.
 2026         (c)The coalition shall be administered by a coalition
 2027  director, who shall be appointed by and serve at the pleasure of
 2028  the board. The coalition director shall, subject to the approval
 2029  of the board:
 2030         1.Propose a budget for the coalition.
 2031         2.Foster the collaboration of scientists, researchers, and
 2032  other appropriate personnel in accordance with the coalition’s
 2033  charter.
 2034         3.Identify and prioritize the research to be conducted by
 2035  the coalition.
 2036         4.Prepare the Medical Marijuana Research and Education
 2037  Plan for submission to the board.
 2038         5.Apply for grants to obtain funding for research
 2039  conducted by the coalition.
 2040         6.Perform other duties as determined by the board.
 2041         (d)The board shall advise the Board of Governors, the
 2042  State Surgeon General, the Governor, and the Legislature with
 2043  respect to medical marijuana research and education in this
 2044  state. The board shall explore methods of implementing and
 2045  enforcing medical marijuana laws in relation to cancer control,
 2046  research, treatment, and education.
 2047         (e)The board shall annually adopt a plan for medical
 2048  marijuana research, known as the “Medical Marijuana Research and
 2049  Education Plan,” which must be in accordance with state law and
 2050  coordinate with existing programs in this state. The plan must
 2051  include recommendations for the coordination and integration of
 2052  medical, pharmacological, nursing, paramedical, community, and
 2053  other resources connected with the treatment of debilitating
 2054  medical conditions; research related to the treatment of such
 2055  medical conditions; and education.
 2056         (f)By February 15 of each year, the board shall issue a
 2057  report to the Governor, the President of the Senate, and the
 2058  Speaker of the House of Representatives on research projects,
 2059  community outreach initiatives, and future plans for the
 2060  coalition.
 2061         (g)Beginning January 15, 2018, and quarterly thereafter,
 2062  the Department of Health shall submit to the board a data set
 2063  that includes, for each patient registered in the medical
 2064  marijuana use registry, the patient’s qualifying medical
 2065  condition and the daily dose amount and forms of marijuana
 2066  certified for the patient.
 2067         (5)RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
 2068  AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center
 2069  and Research Institute, Inc., shall allocate staff and provide
 2070  information and assistance, as the coalition’s budget permits,
 2071  to assist the board in fulfilling its responsibilities.
 2072         Section 12. Subsection (1) of section 1004.441, Florida
 2073  Statutes, is amended to read:
 2074         1004.441 Refractory and intractable epilepsy treatment and
 2075  research.—
 2076         (1) As used in this section, the term “low-THC cannabis”
 2077  means “low-THC cannabis” as defined in s. 381.986 that is
 2078  dispensed only from a dispensing organization as defined in
 2079  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 2080  treatment center as defined in s. 381.986.
 2081         Section 13. Subsection (8) is added to section 1006.062,
 2082  Florida Statutes, to read:
 2083         1006.062 Administration of medication and provision of
 2084  medical services by district school board personnel.—
 2085         (8)Each district school board shall adopt a policy and a
 2086  procedure for allowing a student who is a qualified patient, as
 2087  defined in s. 381.986, to use marijuana obtained pursuant to
 2088  that section. Such policy and procedure shall ensure access by
 2089  the qualified patient; identify how the marijuana will be
 2090  received, accounted for, and stored; and establish processes to
 2091  prevent access by other students and school personnel whose
 2092  access would be unnecessary for the implementation of the
 2093  policy.
 2094         Section 14. Department of Health; authority to adopt rules;
 2095  cause of action.—
 2096         (1)EMERGENCY RULEMAKING.—
 2097         (a)The Department of Health and the applicable boards
 2098  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 2099  Statutes, and this section necessary to implement ss. 381.986
 2100  and 381.988, Florida Statutes. If an emergency rule adopted
 2101  under this section is held to be unconstitutional or an invalid
 2102  exercise of delegated legislative authority, and becomes void,
 2103  the department or the applicable boards may adopt an emergency
 2104  rule pursuant to this section to replace the rule that has
 2105  become void. If the emergency rule adopted to replace the void
 2106  emergency rule is also held to be unconstitutional or an invalid
 2107  exercise of delegated legislative authority and becomes void,
 2108  the department and the applicable boards must follow the
 2109  nonemergency rulemaking procedures of the Administrative
 2110  Procedures Act to replace the rule that has become void.
 2111         (b)For emergency rules adopted under this section, the
 2112  department and the applicable boards need not make the findings
 2113  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 2114  adopted under this section are exempt from ss. 120.54(3)(b) and
 2115  120.541, Florida Statutes. The department and the applicable
 2116  boards shall meet the procedural requirements in s. 120.54(a),
 2117  Florida Statutes, if the department or the applicable boards
 2118  have, before the effective date of this act, held any public
 2119  workshops or hearings on the subject matter of the emergency
 2120  rules adopted under this subsection. Challenges to emergency
 2121  rules adopted under this subsection are subject to the time
 2122  schedules provided in s. 120.56(5), Florida Statutes.
 2123         (c)Emergency rules adopted under this section are exempt
 2124  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 2125  effect until replaced by rules adopted under the nonemergency
 2126  rulemaking procedures of the Administrative Procedures Act. By
 2127  January 1, 2018, the department and the applicable boards shall
 2128  initiate nonemergency rulemaking pursuant to the Administrative
 2129  Procedures Act to replace all emergency rules adopted under this
 2130  section by publishing a notice of rule development in the
 2131  Florida Administrative Register. Except as provided in paragraph
 2132  (a), after January 1, 2018, the department and applicable boards
 2133  may not adopt rules pursuant to the emergency rulemaking
 2134  procedures provided in this section.
 2135         (2)CAUSE OF ACTION.—
 2136         (a)As used in s. 29(d)(3), Article X of the State
 2137  Constitution, the term:
 2138         1.“Issue regulations” means the filing by the department
 2139  of a rule or emergency rule for adoption with the Department of
 2140  State.
 2141         2.“Judicial relief” means an action for declaratory
 2142  judgment pursuant to chapter 86, Florida Statutes.
 2143         (b)The venue for actions brought against the department
 2144  pursuant to s. 29(d)(3), Article X of the State Constitution
 2145  shall be in the circuit court in and for Leon County.
 2146         (c)If the department is not issuing patient and caregiver
 2147  identification cards or licensing medical marijuana treatment
 2148  centers by October 3, 2017, the following shall be a defense to
 2149  a cause of action brought under s. 29(d)(3), Article X of the
 2150  State Constitution:
 2151         1.The department is unable to issue patient and caregiver
 2152  identification cards or license medical marijuana treatment
 2153  centers due to litigation challenging a rule as an invalid
 2154  exercise of delegated legislative authority or unconstitutional.
 2155         2.The department is unable to issue patient or caregiver
 2156  identification cards or license medical marijuana treatment
 2157  centers due to a rule being held as an invalid exercise of
 2158  delegated legislative authority or unconstitutional.
 2159         Section 15. Department of Law Enforcement; training related
 2160  to medical use of marijuana.-The Department of Law Enforcement
 2161  shall develop a 4-hour online initial training course, and a 2
 2162  hour online continuing education course, which shall be made
 2163  available for use by all law enforcement agencies in this state.
 2164  Such training shall cover the legal parameters of marijuana
 2165  related activities governed by ss. 381.986 and 381.988, Florida
 2166  Statutes, relating to criminal laws governing marijuana.
 2167         Section 16. Section 385.212, Florida Statutes, is amended
 2168  to read:
 2169         385.212 Powers and duties of the Department of Health;
 2170  Office of Medical Marijuana Compassionate Use.—
 2171         (1) The Department of Health shall establish an Office of
 2172  Medical Marijuana Compassionate Use under the direction of the
 2173  Deputy State Health Officer.
 2174         (2) The Office of Medical Marijuana Compassionate Use may
 2175  enhance access to investigational new drugs for Florida patients
 2176  through approved clinical treatment plans or studies. The Office
 2177  of Medical Marijuana Compassionate Use may:
 2178         (a) Create a network of state universities and medical
 2179  centers recognized pursuant to s. 381.925.
 2180         (b) Make any necessary application to the United States
 2181  Food and Drug Administration or a pharmaceutical manufacturer to
 2182  facilitate enhanced access to medical compassionate use of
 2183  marijuana for Florida patients.
 2184         (c) Enter into any agreements necessary to facilitate
 2185  enhanced access to medical compassionate use of marijuana for
 2186  Florida patients.
 2187         (3) The department may adopt rules necessary to implement
 2188  this section.
 2189         (4) The Office of Medical Marijuana Use shall administer
 2190  and enforce s. 381.986.
 2191         Section 17. If any provision of this act or its application
 2192  to any person or circumstance is held invalid, the invalidity
 2193  does not affect other provisions or applications of this act
 2194  which can be given effect without the invalid provision or
 2195  application, and to this end the provisions of this act are
 2196  severable.
 2197         Section 18. The Division of Law Revision and Information is
 2198  directed to replace the phrase “the effective date of this act”
 2199  wherever it occurs in this act with the date the act becomes a
 2200  law.
 2201         Section 19. (1)For the 2017-2018 fiscal year, 55 full-time
 2202  equivalent positions, with associated salary rate of 2,198,860,
 2203  are authorized and the sums of $3.5 million in nonrecurring
 2204  funds from the General Revenue Fund and $4,055,292 in recurring
 2205  funds and $1,238,148 in nonrecurring funds from the Grants and
 2206  Donations Trust Fund are appropriated to the Department of
 2207  Health for the purpose of implementing the requirements of this
 2208  act. Of the funds appropriated, $3,158,572 in recurring funds
 2209  and $1,238,148 in nonrecurring funds from the Grants and
 2210  Donations Trust Fund and 27 full-time equivalent positions shall
 2211  be placed in reserve. The Department of Health is authorized to
 2212  submit budget amendments requesting the release of funds being
 2213  held in reserve pursuant to chapter 216, Florida Statutes
 2214  contingent upon need and demonstration of fee collections to
 2215  support the budget authority.
 2216         (2)For the 2017-2018 fiscal year, the sum of $500,000 in
 2217  nonrecurring funds from the General Revenue Fund is appropriated
 2218  to the Department of Health to implement the statewide cannabis
 2219  and marijuana education and illicit use prevention campaign
 2220  established under s. 381.989, Florida Statutes.
 2221         (3)For the 2017-2018 fiscal year, the sum of $5 million in
 2222  nonrecurring funds from the Highway Safety Operating Trust Fund
 2223  are appropriated to the Department of Highway Safety and Motor
 2224  Vehicles to implement the statewide impaired driving education
 2225  campaign established under s. 381.989, Florida Statutes.
 2226         (4)For the 2017-2018 fiscal year, the sum of $100,000 in
 2227  recurring funds from the Highway Safety Operating Trust Fund is
 2228  appropriated to the Department of Highway Safety and Motor
 2229  Vehicles for the purpose of training additional law enforcement
 2230  officers as drug recognition experts.
 2231         (5) For the 2017-2018 fiscal year, the sum of $750,000 in
 2232  nonrecurring funds from the General Revenue Fund is provided for
 2233  the Coalition for Medicinal Cannabis Research and Education at
 2234  the H. Lee Moffitt Cancer Center and Research Institute, Inc.,
 2235  to conduct medical cannabis research.
 2236         Section 20. This act shall take effect upon becoming a law.