How Is the Weight Determined in Case of a Mixture in Drug Crimes?

How Is the Weight Determined in Case of a Mixture in Drug Crimes? Methamphetamine, Mandatory Minimum Sentence
How Is the Weight Determined in Case of a Mixture in Drug Crimes?
Methamphetamine Mandatory Minimum Sentence 
Wannabe Walter White Gets a Break

One court just changed the rules in how prosecutors can use the weight of drugs against defendants like the fictional Walter White. The Urban Dictionary tells us that a "wannabe' is a person "who copies or imitates all or most of the aspects dealing with their idol."

"The court found that since most of the substance was not usable by potential customers, there may have been an error in the weight calculation."

The weight of the controlled substance has a dramatic impact on the sentence imposed upon conviction or a negotiated plea agreement. Harsh minimum mandatory sentences are meted out by courts when the weight exceeds certain quantities.

Sometimes it might be a good idea to, "obtain an independent expert witness to analyze the liquids seized by police and to testify as to the amount of usable methamphetamine that could be produced from the liquids. . . " This is the takeaway from a recent federal drug criminal prosecution of a would-be / wannabe Walter White.

In an unusual fact pattern, the cops busted a guy who was in the process of making methamphetamine from pseudoephedrine. He used 2.4 grams of the precursor chemical, but was miraculously convicted of manufacturing over 50 grams of meth. The court found that since most of the substance was not usable by potential customers, there may have been an error in the weight calculation.

Usually Police Weigh Everything but the Packaging

In marijuana growhouse cases of manufacture of cannabis, police labs weigh the whole plant including the roots. In cocaine cases they weigh the powder including substances used to cut the drug. In Oxycodone cases they weigh the entire pill, even though it may include inert substances like acetaminophen. This decision may be limited to manufacture of controlled substances in a "laboratory" environment, since convictions for weed, coke, and oxy seem to still be intact.


Excerpts from the Court's Drug Quantity Decision


"The superseding indictment charged Griffith with manufacturing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841(a)(1)"

How Is the Weight Determined in Case of a Mixture in Drug Crimes?

"For a manufacturing methamphetamine offense, the total amount of the drug generally determines the penalty range, which is set by statutory minimum and maximum. See 21 U.S.C. § 841(b). If a defendant has a prior conviction for a felony drug offense and “50 grams or more of methamphetamine . . . or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine” were involved in the current offense, the range is 20 years to life." 

"the entire weight of the liquids attributed to him should not have been included in calculating the drug quantities"

What Happens When Illegal Drugs are Mixed with Other Unusable Substances?


"the liquids used to calculate his drug quantities were “unusable” toxic materials from the manufacturing process, and that he started with only 2.4 grams of pseudoephedrine and it “is impos[s]ible to turn 2.4 [g]rams of [p]seudoephedrine into more than 2.4 [g]rams of [m]ethamphetamine.”"

"we must accept that unusable liquids were counted in calculating the drug quantities that determined his mandatory minimum sentence and his advisory guidelines base offense level. We must also accept for present purposes that the liquids could not have produced any more than 2.4 grams of methamphetamine."

"The minimum amount of methamphetamine required for the jury to convict, as it did, under Count 1 is only a “detectable amount.” Griffith has always admitted that he had manufactured a detectable amount of it, and the evidence proved it. By contrast, the mandatory minimum sentence required a finding by the jury that Griffith had manufactured 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, and Griffith has always disputed that he did manufacture or could have manufactured that amount."

Here is a report from our friends in the Federal Criminal Defense Bar:
James Harold Griffith was convicted by a jury of manufacturing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. After losing his direct appeal, he filed a 28 U.S.C. § 2255 motion to vacate his sentence, arguing that his trial counsel was ineffective for failing to argue that some waste materials in the drug manufacturing process should not have been included as a “mixture or substance” in his drug quantity determination, a determination which triggered mandatory minimum sentences and also increased base offense levels under United States Sentencing Guidelines § 2D1.1.
After an in-depth review of the Supreme Court law, Eleventh Circuit law, and relevant guideline amendments dealing with the meaning of “mixture or substance”  as used in 21 U.S.C. § 841(b), which sets a defendant’s base offense level based on “the entire weight of any mixture or substance containing a detectable amount of the controlled substance,” the Eleventh Circuit reversed and remanded for an evidentiary hearing. 
The Court wrote that its precedent is clear and was clear at the time of Griffith’s sentencing that the entire weight of drug mixtures which are usable in the chain of distribution should be considered in determining a defendant’s sentence, but only when the mixture can be consumed along with the controlled substance by the end user. Otherwise, unusable parts and waste products that must be separated  from the controlled substance before the controlled substance can be consumed are not to be considered in the calculation of a defendant’s sentence. 
The Eleventh Circuit held that Griffith had made out a prima facie case that his counsel was ineffective in failing to present this case law to the sentencing court, and that there was a reasonable probability that he was prejudiced by counsel’s ineffectiveness. The Court thus remanded his case to the district court, where he would be allowed to prove the truth of his allegations at an evidentiary hearing.

James Harold Griffith v. United States of America, No. 15-11877

(September 26, 2017)

Appeal from the United States District Court for the Middle District of Alabama

Panel: Ed Carnes, Chief Judge, Rosenbaum and Dubina, Circuit Judges

Ed Carnes, Chief Judge: Reversed and Remanded

The full text of the decision can be found here:

Floriduh May not allow Smoking Medical Marijuana - Despite Constitutional Amendment

#MedicalMarijuana, #Cannabis, #marijuana

Florida Medical Marijuana Law Update


#Floriduh may not allow smoking #medicalmarijuana #cannabislaws despite #constitutional amendment.

http://www.palmbeachpost.com/news/state--regional-govt--politics/florida-medical-marijuana-compromise-likely-won-allow-smoking/8bk2WWF7JO66DpzOxF8tQN/

Our Previous Coverage is here:

http://www.drug2go.com/2017/03/hillsborough-county-medical-marijuana-ordinance.html

http://www.drug2go.com/2017/02/medical-marijuana-rules-hearing-tampa-florida.html


Florida Medical Marijuana Law - Complete Proposed Text of Senate Bill

www.drug2go.com/2017/01/florida-medical-marijuana-law-text.html

 Rating: 5 - ‎Review by Google+ User
Jan 26, 2017 - Section 381.986, Florida Statutes, is amended to 64 read: 65 381.986 Compassionate use of low-THC and medical cannabis 66 and marijuana ...

Florida Ordinance Imposes Marijuana Moratorium

www.drug2go.com/2017/01/florida-ordinance-marijuana-moratorium.html

 Rating: 5 - ‎Review by Google+ User
Jan 19, 2017 - Another Florida Community has imposed a moratorium on licensing or Zoning for newmedical marijuana dispensaries.

Florida Counties Blocking Medical Marijuana Dispensaries

www.drug2go.com/2016/12/florida-counties-blocking-medical.html

 Rating: 5 - ‎Review by Google+ User
Dec 6, 2016 - List of Florida counties trying to block the establishment of Medical MarijuanaDispensaries.


Video From Inside a Legal Florida Medical Marijuana Growhouse

www.drug2go.com/2016/12/video-inside-florida-medical-marijuana-growhouse.html

 Rating: 5 - ‎Review by Google+ User
Dec 22, 2016 - We have also uncovered the location of one of Florida'a first retail locations for dispensing Medical marijuana. They will dispense Calming CBD ...

Medical Marijuana Dispensary - Florida Complete Text of Proposed ...

www.drug2go.com/2017/01/medical-marijuana-dispensary-florida-regulations.html

 Rating: 5 - ‎Review by Google+ User
Jan 17, 2017 - 64-4.012 Medical Marijuana for Debilitating Medical Conditions. PURPOSE AND EFFECT: The purpose and effect of this rule is to implement ...

Hillsborough County Medical Marijuana Licensing Ordinance - Complete Text

The Hillsborough County Medical Marijuana Licensing Ordinance, Hillsborough County, Medical Marijuana, Licensing, Ordinance
Hillsborough County
Medical Marijuana
Licensing Ordinance

How to Find a Complete Copy of the Hillsborough County Medical Marijuana Licensing Ordinance?


The Hillsborough County Commission just adopted the Ordinance needed for dispensaries to go forward. Of course the dispenary must still be licensed by the State of Florida, Department of Health, but this is a huge step forward.

What are the zoning requirements under the Hillsborough County Medical Marijuana Licensing Ordinance?


The Commissioners originally were to severely limit the number of licensed weed dispensaries. The final version did not include that language and opens up several parts of the county to theses providers. The complete text of the new law follows.


"Hereby adopted ‘the Hillsborough County medical marijuana licensing ordinance’, as set forth herein, to be incorporated into the Hillsborough County Code of ordinances . . ."





The Hillsborough County Medical Marijuana Licensing Ordinance



FINAL 3/1/2017 JML 
ORDINANCE 17-___ 

AN ORDINANCE TITLED THE HILLSBOROUGH COUNTY MEDICAL MARIJUANA LICENSING ORDINANCE; PROVIDING FOR SHORT TITLE AND AUTHORITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING PROCEDURES FOR THE APPROVAL OF MEDICAL MARIJUANA DISPENSING BUSINESSES AND MEDICAL MARIJUANA DISPENSING FACILITIES; PROVIDING FOR APPROVAL OF MEDICAL MARIJUANA DELIVERY BUSINESSES; PROVIDING FOR REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR APPLICABILITY AND EFFECTIVE DATE. 

WHEREAS, the Florida Legislature enacted legislation legalizing marijuana for medical uses; and 

WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, Hillsborough County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County’s citizens; and 

WHEREAS, a comprehensive state licensing and regulatory framework for the cultivation, processing, and dispensing of Medical Marijuana exists; and 

WHEREAS, the comprehensive state licensing and regulatory framework directs that the criteria for the number and location of and other permitting requirements that do not conflict with state law or department rule for Medical Marijuana Dispensing Facilities may be determined by local ordinance; and 

WHEREAS, Medical Marijuana Dispensing Facilities licensed pursuant to the law have begun dispensing medical marijuana within unincorporated Hillsborough County; and 

WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and businesses from secondary effects associated with the distribution of Medical Marijuana exist, potentially including: trespassing, theft, fire hazards, increased crime in and about a Medical Marijuana Dispensing Facility, robberies, negative impacts on nearby businesses, and nuisance problems; and 

WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by Medical Marijuana Dispensing Facilities in obtaining banking services necessitating such businesses to operate on a cash basis; and  

WHEREAS, there exists the potential for misappropriation and diversion of Medical Marijuana to non-medical uses, and;

WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues and increased regulatory costs, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and 

WHEREAS, other jurisdictions have regulated the dispensing of Medical Marijuana by limiting the number of such Medical Marijuana Dispensing Facilities permitted within a jurisdiction, to reduce threats to the public health, safety, and welfare; and  

WHEREAS, a report entitled “Municipal Dispensary License Allocation: Florida” issued by the Marijuana Policy Group has determined that the optimal number of retail Medical Marijuana Dispensing Facilities depends on the number of patients likely to register, the local area population, and the required scale of operation for dispensaries to remain profitable; and
  
WHEREAS, in “Municipal Dispensary License Allocation: Florida”, the Marijuana Policy Group determined that the average resident ratio among similar states, with similar medical marijuana laws, is one Medical Marijuana Dispensing Facility for 67,222 residents; and  

WHEREAS, there is a need to adopt requirements for the identification and regulation of businesses carrying out the delivery of Medical Marijuana within unincorporated Hillsborough County; and 

WHEREAS, there is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from the distribution of Medical Marijuana; and 

WHEREAS, there is a need to ensure that the population of the unincorporated County will have access to the best qualified Medical Marijuana Dispensing Businesses, while at the same time maintaining competition in the industry; and  

WHEREAS, other Florida jurisdictions that allow Medical Marijuana Dispensing Facilities have implemented effective regulatory and enforcement systems that address the adverse impacts that such facilities could pose to public safety, health, and welfare; and 

WHEREAS, an effective regulatory system governing the Delivery and Dispensing of Medical Marijuana, as provided for in this ordinance, will address potential adverse impacts to the public health, welfare, and safety consistent with Florida law; and  

WHEREAS, it is not the purpose or intent of this section to restrict or deny access to Medical Marijuana as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety, and welfare; and  

WHEREAS, Hillsborough County has determined it is in the public interest to adopt this ordinance pursuant to its police powers and Section 381.986, Florida Statutes, as well as other applicable state laws and provisions of the Florida Constitution, to protect the health, safety, and welfare of the public; 

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THAT THERE IS HEREBY ADOPTED “THE HILLSBOROUGH COUNTY MEDICAL MARIJUANA LICENSING ORDINANCE”, AS SET FORTH HEREIN, TO BE INCORPORATED INTO THE HILLSBOROUGH COUNTY CODE OF ORDINANCES: 


Driving Under the Influence Checkpoint

Driving Under the Influence Checkpoint in Tampa


DUI checkpoint on Friday, February 17 to Saturday, February 18.  Officers will be stationed near the 7200 block of Adamo Drive  from 10 p.m. – 1 a.m.  

Medical Marijuana Rules Hearing in Tampa - Live Coverage

Standing room only at Amendment 2 cannabis rules hearing.
Florida Cannabis Dispensary Rules

Florida Medical Marijuana Rules


I spent most of the morning at the University of South Florida where are the Florida Department of Health is having hearings on exactly what the rules will say after passage of Florida's Amendment 2.

Standing Room Only at Marijuana Rules Hearing


It was standing room only I will post the agenda and some pictures soon. A cancer researcher and physician spoke passionately on issues of nausea relief at the hearing -  not a single speaker was in favor of more restrictive rules at the Florida cannabis laws hearing.


Probably should support NORML to advocate for fair Florida cannabis laws. For at least 2 hours, panelists listened to sufferers complain that weed doctors will not prescribe because of a 90-day rule limitation or until these cannabis rules are written.


Not #FakeNews


There were many members of the mainstream media at the hearing - this is not fake news. These Regulators will be tin-eared, if they draft more restrictive rules than Amendment 2 allowed.

We were at the University of South Florida Research Park covering the Florida Department of Health rulemaking hearing.









How to Find a Weed Doctor in Florida? Here's a Map

Florida Medical Marijuana Weed Doctors
Florida Weed Docs Map

How to Find a Weed Doctor to get MMJ in the State of Florida


For those looking for a weed doctor in Florida - we present this map. The medical marijuana / weed doctor map will be kept as current as possible.

#weed #mmj

Source: https://www.leafly.com/news/health/medical-marijuana-doctors-florida-mapped




Florida Medical Marijuana Law - Complete Proposed Text of Senate Bill

Complete Proposed Text of Florida Medical Marijuana Law - Senate Bill


Below is the complete text of the Florida Senate Bill of the proposed
Medical Marijuana Statute in Florida. It will be called:

"An act relating to compassionate use of low-THC cannabis and marijuana."





Florida Medical Marijuana Law - Complete Proposed Text of Senate Bill, #CannabisLaw, #MedicalMarijuana, #Cannabis, #Florida 



Sources:
http://www.tampabay.com/news/politics/stateroundup/medical-marijuana-lags-in-the-legislature/2310805
https://www.flsenate.gov/Session/Bill/2017/0406/BillText/Filed/PDF
https://www.flsenate.gov/Session/Bill/2017/0406/BillText/Filed/HTML



    1                        A bill to be entitled                      
    2         An act relating to compassionate use of low-THC
    3         cannabis and marijuana; amending s. 381.986, F.S.;
    4         defining and redefining terms; authorizing physicians
    5         to issue physician certifications to specified
    6         patients who meet certain conditions; authorizing
    7         physicians to make specific determinations in
    8         certifications; requiring physicians to meet certain
    9         conditions to be authorized to issue and make
   10         determinations in physician certifications; requiring
   11         written consent of a parent or legal guardian for the
   12         treatment of minors; requiring that certain physicians
   13         annually reexamine and reassess patients and update
   14         patient information in the compassionate use registry;
   15         revising criminal penalties; authorizing a distance
   16         learning format for a specified course and reducing
   17         the number of hours required for the course; providing
   18         that physicians who meet specified requirements are
   19         grandfathered for the purpose of specified education
   20         requirements; authorizing qualifying patients to
   21         designate caregivers; requiring caregivers to meet
   22         specified requirements; prohibiting a qualifying
   23         patient from designating more than one caregiver at
   24         any given time; providing exceptions; requiring the
   25         Department of Health to register caregivers meeting
   26         certain requirements on the compassionate use
   27         registry; revising the entities to which the
   28         compassionate use registry must be accessible;
   29         requiring the department to adopt certain rules by a
   30         specified date; authorizing the department to charge a
   31         fee for identification cards; requiring the department
   32         to begin issuing identification cards to qualified
   33         registrants by a specific date; providing requirements
   34         for the identification cards; requiring the department
   35         to register certain dispensing organizations as
   36         medical marijuana treatment centers by a certain date;
   37         requiring the department to register additional
   38         medical marijuana treatment centers in accordance with
   39         a specified schedule; deleting obsolete provisions;
   40         revising the operational requirements for medical
   41         marijuana treatment centers; authorizing the
   42         department to waive certain requirements under
   43         specified circumstances; requiring that certain
   44         receptacles be child proof; requiring that additional
   45         information be included on certain labels; requiring
   46         that a medical marijuana treatment center comply with
   47         certain standards in the production and dispensing of
   48         edible or food products; requiring a medical marijuana
   49         treatment center to enter additional information into
   50         the compassionate use registry; requiring a medical
   51         marijuana treatment center to keep a copy of a
   52         transportation manifest in certain vehicles at certain
   53         times; requiring the department to adopt rules related
   54         to ownership changes or changes in an owner’s
   55         investment interest; providing applicability;
   56         conforming provisions to changes made by the act;
   57         amending ss. 381.987, 385.211, 499.0295, and 1004.441,
   58         F.S.; conforming provisions to changes made by the
   59         act; providing an effective date.

Florida Ordinance Imposes Marijuana Moratorium

another Florida Community has imposed a moratorium on licensing or Zoning for new medical marijuana dispensaries

Medical Marijuana Moratorium in Florida


Yet another Florida Community has imposed a moratorium on licensing or Zoning for new medical marijuana dispensaries. This small Beach Community has just imposed an 15-month moratorium.

Other Florida counties are throwing roadblocks also see more here: http://www.drug2go.com/2016/12/florida-counties-blocking-medical.html

"An ordinance imposing a moratorium on the operation of medical marijuana treatment centers and dispensaries for 15 months within the town passed on its first reading. During the moratorium, the town will not accept, process, or approve any application relating to the operation of medical marijuana treatment centers and dispensaries."

Previous Stories on Florida Medical Marijuana

How to Get Dispensary License for Medical Marijuana in Florida?

www.drug2go.com/2016/11/license-florida-medical-marijuana-dispensary.html

Nov 9, 2016 - Here is what #Florida #MedicalMarijuana law may look like for patients, caregivers, and those seeking to license a dispensary.

What are the Responsibilities of a Florida Medical Marijuana Caregiver

www.drug2go.com/2014/02/what-are-responsibilities-of-florida_19.html


Feb 19, 2014 - (2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts ...

How to set up a Florida Medical Marijuana Dispensary

www.drug2go.com/2016/11/how-to-set-up-florida-medical-marijuana-dispensary.html

Nov 8, 2016 - How to set up a #Florida #MMJ #MedicalMarijuana #Dispensary http://www.drug2go.com/2014/02/what-are-responsibilities-of-florida_21.html.

How to Apply for Medical Marijuana Cards - Chapter 893 Statute if ...

www.drug2go.com/2014/01/how-to-apply-for-medical-marijuana.html

Jan 28, 2014 - This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the ...

Video From Inside a Legal Florida Medical Marijuana Growhouse

www.drug2go.com/2016/12/video-inside-florida-medical-marijuana-growhouse.html


Dec 22, 2016 - We have also uncovered the location of one of Florida'a first retail locations for dispensing Medical marijuana. They will dispense Calming CBD ...

Medical Marijuana Dispensary - Florida Complete Text of Proposed Rules

Florida Medical Marijuana Regulations
Florida Medical Marijuana Regulations

Medical Marijuana Dispensary Rules


Notice of Development of Rulemaking

RULE NO.:            RULE TITLE:

64-4.012                  Medical Marijuana for Debilitating Medical Conditions

PURPOSE AND EFFECT: The purpose and effect of this rule is to implement provisions of Article X, Section 29 of the Florida Constitution, to set out clear guidance on use of terms and implementation of the amendment which went into effect on January 3, 2017.

SUBJECT AREA TO BE ADDRESSED: The use of medical marijuana for debilitating medical conditions.

RULEMAKING AUTHORITY: Art. X, § 29(d), Fla. Const.


A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW:

February 6, 2017, 2:00 p.m. – 4:00 p.m.
Duval County Health Department
900 University Blvd. North
Jacksonville, FL 32211

February 7, 2017, 10:00 a.m.noon 
Broward County Health Department
780 SW 24th Street
Fort Lauderdale, FL 33315

February 8, 2017, 9:00 a.m. – 11:00 a.m. 
Florida Department of Health, Tampa Branch Laboratory
3602 Spectrum Blvd.
Tampa, FL 33612

February 8, 2017, 6:00 p.m. – 8:00 p.m.
Orange County Health Department
6102 Lake Ellenor Drive
Orlando, FL 32809

February 9, 2017, 4:00 p,m, – 6:00 p.m.
Betty Easley Conference Center
4075 Esplanade Way, Room 148
Tallahassee, Florida 32399-0850

Individuals may also provide public comment during these workshops by accessing the following weblink: http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/comment-form/index.html

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Courtney Coppola at Courtney.Coppola@flhealth.gov. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Courtney Coppola at Courtney.Coppola@flhealth.gov.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64-4.012 Medical Marijuana for Debilitating Medical Conditions
(1) For the purposes of this chapter, in accordance with Article X, Section 29, Fla. Const., the following definitions shall apply:
(a) “Medical Marijuana Treatment Center (MMTC)” shall have the same definition as a dispensing organization in s. 381.986(1)(b), F.S.
(b) “Caregiver” shall mean a legal representative as defined by s. 381.986(1)(d), F.S., who is at least twenty-one (21) years old and has successfully passed a Level 1 background screening as defined in s. 435.03, F.S.
(c) “Medical use” shall have the same definition as medical use in s. 381.986(1)(g), F.S.
(d) “Qualifying patient” shall mean a qualified patient as defined by s. 381.986(1)(h), F.S., who has been diagnosed to have a qualifying debilitating medical condition, has a physician certification, and who has a valid patient Compassionate Use Registry identification card.
(e) “Qualifying debilitating medical condition” shall mean conditions eligible for physician ordering contained in s. 381.986(2), F.S., or cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis. Also, any debilitating medical conditions of the same kind or class as or comparable to those enumerated, as determined by the Florida Board of Medicine.
(f) The 45 day supply limitation set forth in s. 381.968(2)(e), F.S. shall be an adequate supply for a qualifying patient’s medical use.
(g) A physician authorized to order medical marijuana means a qualified ordering physician who has met the requirements of s. 381.986 (2-4), F.S.
(h) “Physician certification” means DH8011-OCU-12/2016, “Physician Certification,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#### and must be submitted with each “Compassionate Use Registry Identification Card Qualified Patient Application.” A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing.
(2) All MMTCs, physicians, patients, and caregivers must be registered in the online Compassionate Use Registry as required by s. 381.986(5)(a), F.S., and Rule 64-4.009, F.A.C. All orders for medical marijuana must be entered into the registry for processing accordingly.
(3) The process for registering as an MMTC shall be the same approval and selection process outlined in s. 381.986, F.S., and Rule 64-4.002, F.A.C., and subject to the same limitations and operational requirements contained therein.
(4) All MMTCs shall follow the medical record keeping standards as set forth in Rule 64B8-9.003, F.A.C., as adopted and incorporated herein.
(5) All MMTCs shall abide by the security, product testing, labeling, inspection and safety standards set forth in s. 381.986, F.S and this chapter.

Rulemaking Authority Art. X, § 29(d), Fla. Const. Law Implemented Art. X, § 29, Fla. Const., 381.986 FS. History – New ­­­­______­­­.

Sources: 

http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/_documents/ocu-timeline.pdf

http://floridapolitics.com/archives/230444-doh-begins-amendment-2-rule-making