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.


   60 
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Section 381.986, Florida Statutes, is amended to
   64  read:
   65         381.986 Compassionate use of low-THC and medical cannabis
   66  and marijuana.—
   67         (1) DEFINITIONS.—As used in this section, the term:
   68         (a) “Cannabis delivery device” means an object used,
   69  intended for use, or designed for use in preparing, storing,
   70  ingesting, inhaling, or otherwise introducing marijuana low-THC
   71  cannabis or medical cannabis into the human body.
   72         (b)“Caregiver” has the same meaning as provided in s. 29,
   73  Art. X of the State Constitution.
   74         (c)“Chronic nonmalignant pain” means pain that is caused
   75  by a debilitating medical condition or that originates from a
   76  debilitating medical condition and persists beyond the usual
   77  course of that debilitating medical condition.
   78         (d)“Close relative” means a spouse, parent, sibling,
   79  grandparent, child, or grandchild, whether related by whole or
   80  half-blood, by marriage, or by adoption.
   81         (e)(b)Debilitating medical condition” has the same
   82  meaning as provided in s. 29, Art. X of the State Constitution
   83  Dispensing organization means an organization approved by the
   84  department to cultivate, process, transport, and dispense low
   85  THC cannabis or medical cannabis pursuant to this section.
   86         (f)(c) “Independent testing laboratory” means a laboratory,
   87  including the managers, employees, or contractors of the
   88  laboratory, which has no direct or indirect interest in a
   89  medical marijuana treatment center a dispensing organization.
   90         (g)(d) “Legal representative” means the qualifying
   91  qualified patient’s parent, legal guardian acting pursuant to a
   92  court’s authorization as required under s. 744.3215(4), health
   93  care surrogate acting pursuant to the qualifying qualified
   94  patient’s written consent or a court’s authorization as required
   95  under s. 765.113, or an individual who is authorized under a
   96  power of attorney to make health care decisions on behalf of the
   97  qualifying qualified patient.
   98         (h)(e) “Low-THC cannabis” means a plant of the genus
   99  Cannabis, the dried flowers of which contain 0.8 percent or less
  100  of tetrahydrocannabinol and more than 10 percent of cannabidiol
  101  weight for weight; the seeds thereof; the resin extracted from
  102  any part of such plant; or any compound, manufacture, salt,
  103  derivative, mixture, or preparation of such plant or its seeds
  104  or resin that is dispensed only by a medical marijuana treatment
  105  center from a dispensing organization.
  106         (i)(f)Marijuana” has the same meaning as provided in s.
  107  29, Art. X of the State Constitution Medical cannabis means
  108  all parts of any plant of the genus Cannabis, whether growing or
  109  not; the seeds thereof; the resin extracted from any part of the
  110  plant; and every compound, manufacture, sale, derivative,
  111  mixture, or preparation of the plant or its seeds or resin that
  112  is dispensed only from a dispensing organization for medical use
  113  by an eligible patient as defined in s. 499.0295.
  114         (j)“Medical marijuana treatment center” or “MMTC” has the
  115  same meaning as provided in s. 29, Art. X of the State
  116  Constitution.
  117         (k)(g) “Medical use” has the same meaning as provided in s.
  118  29, Art. X of the State Constitution means administration of the
  119  ordered amount of low-THC cannabis or medical cannabis. The term
  120  does not include the:
  121         1. Possession, use, or administration of marijuana low-THC
  122  cannabis or medical cannabis by smoking.
  123         2.Possession, use, or administration of marijuana that was
  124  not purchased or acquired from an MMTC registered with the
  125  Department of Health.
  126         3.2. Transfer of marijuana low-THC cannabis or medical
  127  cannabis to a person other than the qualifying qualified patient
  128  for whom it was ordered or the qualifying qualified patient’s
  129  caregiver legal representative on behalf of the qualifying
  130  qualified patient.
  131         4.Use or administration of any type or amount of marijuana
  132  not specified on the qualifying patient’s physician
  133  certification.
  134         5.3. Use or administration of marijuana low-THC cannabis or
  135  medical cannabis:
  136         a. On any form of public transportation.
  137         b. In any public place.
  138         c. In a qualifying qualified patient’s place of employment,
  139  if restricted by his or her employer.
  140         d. In a state correctional institution as defined in s.
  141  944.02 or a correctional institution as defined in s. 944.241.
  142         e. On the grounds of a preschool, primary school, or
  143  secondary school.
  144         f. On a school bus or in a vehicle, aircraft, or motorboat.
  145         (l)(h) “Qualifying Qualified patient” has the same meaning
  146  as provided in s. 29, Art. X of the State Constitution but also
  147  includes eligible patients, as that term is defined in s.
  148  499.0295, and patients who are issued a physician certification
  149  under subparagraph (2)(a)2. or subparagraph (2)(a)3. A patient
  150  is not a qualifying patient unless he or she is registered with
  151  the department and has been issued a compassionate use registry
  152  identification card means a resident of this state who has been
  153  added to the compassionate use registry by a physician licensed
  154  under chapter 458 or chapter 459 to receive low-THC cannabis or
  155  medical cannabis from a dispensing organization.
  156         (m)(i) “Smoking” means burning or igniting a substance and
  157  inhaling the smoke. Smoking does not include the use of a
  158  vaporizer.
  159         (2) PHYSICIAN CERTIFICATION ORDERING.—
  160         (a) A physician is authorized to issue a physician
  161  certification to:
  162         1.A patient suffering from a debilitating medical
  163  condition, which allows the patient to receive marijuana for the
  164  patient’s medical use;
  165         2.A order low-THC cannabis to treat a qualified patient
  166  suffering from cancer or a physical medical condition that
  167  chronically produces symptoms of seizures or severe and
  168  persistent muscle spasms, which allows the patient to receive
  169  low-THC cannabis for the patient’s medical use;
  170         3.A patient suffering from chronic nonmalignant pain, if
  171  the physician has diagnosed an underlying debilitating medical
  172  condition as the cause of the pain, which allows the patient to
  173  receive marijuana for the patient’s medical use order low-THC
  174  cannabis to alleviate the patient’s pain symptoms of such
  175  disease, disorder, or condition, if no other satisfactory
  176  alternative treatment options exist for the qualified patient;
  177  or
  178         4.order medical cannabis to treat An eligible patient as
  179  defined in s. 499.0295, which allows the patient to receive
  180  marijuana for the patient’s medical use.;
  181         (b) In the physician certification, the physician may also
  182  specify one or more or order a cannabis delivery devices to
  183  assist with device for the patient’s medical use of marijuana.
  184  low-THC cannabis or medical cannabis,
  185         (c)A physician may certify a patient and specify a
  186  delivery device under paragraphs (a) and (b) only if the
  187  physician:
  188         1.(a) Holds an active, unrestricted license as a physician
  189  under chapter 458 or an osteopathic physician under chapter 459;
  190         (b) Has treated the patient for at least 3 months
  191  immediately preceding the patient’s registration in the
  192  compassionate use registry;
  193         2.(c) Has successfully completed the course and examination
  194  required under paragraph (4)(a);
  195         3.Has conducted a physical examination and made a full
  196  assessment of the medical history of the patient;
  197         4.Has determined that, in the physician’s professional
  198  opinion, the patient meets one or more of the criteria specified
  199  in paragraph (a);
  200         5.(d) Has determined that the medical use of marijuana
  201  would likely outweigh the potential health risks to of treating
  202  the patient with low-THC cannabis or medical cannabis are
  203  reasonable in light of the potential benefit to the patient. If
  204  a patient is younger than 18 years of age, a second physician
  205  must concur with this determination, and such determination must
  206  be documented in the patient’s medical record;
  207         6.(e) Registers as the patient’s physician orderer of low
  208  THC cannabis or medical cannabis for the named patient on the
  209  compassionate use registry maintained by the department and
  210  updates the registry to reflect the contents of the order,
  211  including the amount of marijuana low-THC cannabis or medical
  212  cannabis that will provide the patient with not more than a 90
  213  day 45-day supply and any a cannabis delivery device needed by
  214  the patient for the medical use of marijuana low-THC cannabis or
  215  medical cannabis. If the physician’s recommended amount of
  216  marijuana for a 90-day supply changes, the physician must also
  217  update the registry within 7 days after the any change is made
  218  to the original order to reflect the change. The physician shall
  219  deactivate the registration of the patient and the patient’s
  220  legal representative when the physician no longer recommends the
  221  medical use of marijuana for the patient treatment is
  222  discontinued;
  223         7.(f) Maintains a patient treatment plan that includes the
  224  dose, route of administration, planned duration, and monitoring
  225  of the patient’s symptoms and other indicators of tolerance or
  226  reaction to the marijuana low-THC cannabis or medical cannabis;
  227         8.(g) Submits the patient treatment plan quarterly to the
  228  University of Florida College of Pharmacy for research on the
  229  safety and efficacy of marijuana low-THC cannabis and medical
  230  cannabis on patients; and
  231         9.(h) Obtains the voluntary written informed consent of the
  232  patient or the patient’s legal representative to treatment with
  233  marijuana low-THC cannabis after sufficiently explaining the
  234  current state of knowledge in the medical community of the
  235  effectiveness of treatment of the patient’s condition with
  236  marijuana low-THC cannabis, the medically acceptable
  237  alternatives, and the potential risks and side effects. If the
  238  patient is a minor, the patient’s parent or legal guardian must
  239  consent to treatment in writing. If the patient is an eligible
  240  patient as defined in s. 499.0295, the physician must obtain
  241  written informed consent as defined in and required by s.
  242  499.0295.;
  243         (d)At least annually, a physician must recertify the
  244  qualifying patient pursuant to paragraph (c).
  245         (i)Obtains written informed consent as defined in and
  246  required under s. 499.0295, if the physician is ordering medical
  247  cannabis for an eligible patient pursuant to that section; and
  248         (e)(j)A physician may not issue a physician certification
  249  if the physician is not a medical director employed by an MMTC a
  250  dispensing organization.
  251         (f) An order for low-THC cannabis or medical cannabis
  252  issued pursuant to former s. 381.986, Florida Statutes 2016 and
  253  registered with the compassionate use registry on the effective
  254  date of this act, shall be considered a physician certification
  255  issued pursuant to this subsection. The details and expiration
  256  date of such certification must be identical to the details and
  257  expiration date of the order as logged in the compassionate use
  258  registry. Until the department begins issuing compassionate use
  259  registry identification cards, all patients with such orders
  260  shall be considered qualifying patients, notwithstanding the
  261  requirement that a qualifying patient have a compassionate use
  262  registry identification card.
  263         (3) PENALTIES.—
  264         (a) A physician commits a misdemeanor of the first degree,
  265  punishable as provided in s. 775.082 or s. 775.083, if the
  266  physician issues a physician certification for marijuana to
  267  orders low-THC cannabis for a patient in a manner other than as
  268  required in subsection (2) without a reasonable belief that the
  269  patient is suffering from:
  270         1. Cancer or A physical medical condition that chronically
  271  produces symptoms of seizures or severe and persistent muscle
  272  spasms that can be treated with low-THC cannabis; or
  273         2. Symptoms of cancer or a physical medical condition that
  274  chronically produces symptoms of seizures or severe and
  275  persistent muscle spasms that can be alleviated with low-THC
  276  cannabis.
  277         (b) A physician commits a misdemeanor of the first degree,
  278  punishable as provided in s. 775.082 or s. 775.083, if the
  279  physician orders medical cannabis for a patient without a
  280  reasonable belief that the patient has a terminal condition as
  281  defined in s. 499.0295.
  282         (b)(c) A person who fraudulently represents that he or she
  283  has a debilitating medical condition cancer, a physical medical
  284  condition that chronically produces symptoms of seizures or
  285  severe and persistent muscle spasms, chronic nonmalignant pain,
  286  or a terminal condition as defined in s. 499.0295 to a physician
  287  for the purpose of being issued a physician certification for
  288  marijuana ordered low-THC cannabis, medical cannabis, or a
  289  cannabis delivery device by such physician commits a misdemeanor
  290  of the first degree, punishable as provided in s. 775.082 or s.
  291  775.083.
  292         (c)(d)A qualifying patient an eligible patient as defined
  293  in s. 499.0295 who uses marijuana medical cannabis, and such
  294  patient’s caregiver legal representative who administers
  295  marijuana medical cannabis, in plain view of or in a place open
  296  to the general public, on the grounds of a school, or in a
  297  school bus, vehicle, aircraft, or motorboat, commits a
  298  misdemeanor of the first degree, punishable as provided in s.
  299  775.082 or s. 775.083.
  300         (d)A qualifying patient or caregiver who cultivates
  301  marijuana or who purchases or acquires marijuana from any person
  302  or entity other than an MMTC commits a misdemeanor of the first
  303  degree, punishable as provided in s. 775.082 or s. 775.083.
  304         (e)A caregiver who violates any of the applicable
  305  provisions of this section or applicable department rules
  306  commits, upon the first offense, a misdemeanor of the second
  307  degree, punishable as provided in s. 775.082 or s. 775.083 and,
  308  upon the second and subsequent offenses, a misdemeanor of the
  309  first degree, punishable as provided in s. 775.082 or s.
  310  775.083.
  311         (f)(e) A physician who issues a physician certification for
  312  marijuana orders low-THC cannabis, medical cannabis, or a
  313  cannabis delivery device and receives compensation from an MMTC
  314  a dispensing organization related to issuing the physician
  315  certification for marijuana the ordering of low-THC cannabis,
  316  medical cannabis, or a cannabis delivery device is subject to
  317  disciplinary action under the applicable practice act and s.
  318  456.072(1)(n).
  319         (4) PHYSICIAN EDUCATION.—
  320         (a) Before a physician may issue a physician certification
  321  pursuant to subsection (2) ordering low-THC cannabis, medical
  322  cannabis, or a cannabis delivery device for medical use by a
  323  patient in this state, the appropriate board shall require the
  324  ordering physician to successfully complete a 4-hour an 8-hour
  325  course and subsequent examination offered by the Florida Medical
  326  Association or the Florida Osteopathic Medical Association which
  327  that encompasses the clinical indications for the appropriate
  328  use of marijuana low-THC cannabis and medical cannabis, the
  329  appropriate cannabis delivery devices, the contraindications for
  330  such use, and the relevant state and federal laws governing the
  331  issuance of physician certifications ordering, as well as
  332  dispensing, and possessing of these substances and devices. The
  333  course and examination shall be administered at least quarterly
  334  annually. Successful completion of the course may be used by a
  335  physician to satisfy 4 hours 8 hours of the continuing medical
  336  education requirements required by his or her respective board
  337  for licensure renewal. This course may be offered in a distance
  338  learning format, including an electronic, online format that is
  339  available on request. Physicians who have completed an 8-hour
  340  course and subsequent examination offered by the Florida Medical
  341  Association or the Florida Osteopathic Medical Association which
  342  encompasses the clinical indications for the appropriate use of
  343  marijuana and who are registered in the compassionate use
  344  registry on the effective date of this act, are deemed to meet
  345  the requirements of this paragraph.
  346         (b) The appropriate board shall require the medical
  347  director of each MMTC dispensing organization to hold an active,
  348  unrestricted license as a physician under chapter 458 or as an
  349  osteopathic physician under chapter 459 and successfully
  350  complete a 2-hour course and subsequent examination offered by
  351  the Florida Medical Association or the Florida Osteopathic
  352  Medical Association which that encompasses appropriate safety
  353  procedures and knowledge of marijuana low-THC cannabis, medical
  354  cannabis, and cannabis delivery devices.
  355         (c) Successful completion of the course and examination
  356  specified in paragraph (a) is required for every physician who
  357  orders low-THC cannabis, medical cannabis, or a cannabis
  358  delivery device each time such physician renews his or her
  359  license. In addition, successful completion of the course and
  360  examination specified in paragraph (b) is required for the
  361  medical director of each dispensing organization each time such
  362  physician renews his or her license.
  363         (c)(d) A physician who fails to comply with this subsection
  364  and issues a physician certification for marijuana who orders
  365  low-THC cannabis, medical cannabis, or a cannabis delivery
  366  device may be subject to disciplinary action under the
  367  applicable practice act and under s. 456.072(1)(k).
  368         (5) CAREGIVERS.—
  369         (a)During the course of registration with the department
  370  for inclusion on the compassionate use registry, or at any time
  371  while registered, a qualifying patient may designate an
  372  individual as his or her caregiver to assist him or her with the
  373  medical use of marijuana. The designated caregiver must be 21
  374  years of age or older, unless the patient is a close relative of
  375  the caregiver; must agree in writing to be the qualifying
  376  patient’s caregiver; may not receive compensation, other than
  377  actual expenses incurred, for assisting the qualifying patient
  378  with the medical use of marijuana unless the caregiver is acting
  379  pursuant to employment in a licensed facility in accordance with
  380  subparagraph (c)2.; and must pass a level 2 screening pursuant
  381  to chapter 435, unless the patient is a close relative of the
  382  caregiver.
  383         (b)A qualifying patient may have only one designated
  384  caregiver at any given time unless all of the patient’s
  385  caregivers are his or her close relatives or legal
  386  representatives.
  387         (c)A caregiver may assist only one qualifying patient at
  388  any given time unless:
  389         1.All qualifying patients the caregiver is assisting are
  390  close relatives of each other and the caregiver is the legal
  391  representative of at least one of the patients; or
  392         2.All qualifying patients the caregiver is assisting are
  393  receiving hospice services, or are residents, in the same
  394  assisted living facility, nursing home, or other licensed
  395  facility and have requested the assistance of that caregiver
  396  with the medical use of marijuana; the caregiver is an employee
  397  of the hospice or licensed facility; and the caregiver provides
  398  personal care or services directly to clients of the hospice or
  399  licensed facility as a part of his or her employment duties at
  400  the hospice or licensed facility.
  401         (d)The department must register a caregiver on the
  402  compassionate use registry and issue him or her a caregiver
  403  identification card if he or she is designated by a qualifying
  404  patient pursuant to paragraph (a) and meets all of the
  405  requirements of this subsection and department rule.
  406         (6)(5) DUTIES OF THE DEPARTMENT.—The department shall:
  407         (a) Create and maintain a secure, electronic, and online
  408  compassionate use registry for the registration of physicians,
  409  patients, and caregivers the legal representatives of patients
  410  as provided under this section. The registry must be accessible
  411  to:
  412         1.Practitioners licensed under chapter 458 or chapter 459,
  413  to ensure proper care for patients requesting physician
  414  certifications;
  415         2.Practitioners licensed to prescribe prescription drugs,
  416  to ensure proper care for patients before prescribing
  417  medications that may interact with the medical use of marijuana;
  418         3. Law enforcement agencies, to verify the authorization of
  419  a qualifying patient or a patient’s caregiver to possess
  420  marijuana or a cannabis delivery device; and
  421         4.MMTCs, to a dispensing organization to verify the
  422  authorization of a qualifying patient or a patient’s caregiver
  423  legal representative to possess marijuana low-THC cannabis,
  424  medical cannabis, or a cannabis delivery device and to record
  425  the marijuana low-THC cannabis, medical cannabis, or cannabis
  426  delivery device dispensed.
  427  
  428  The registry must prevent an active registration of a patient by
  429  multiple physicians.
  430         (b) By July 3, 2017, adopt rules establishing procedures
  431  for the issuance, annual renewal, suspension, and revocation of
  432  compassionate use registry identification cards for patients and
  433  caregivers who are residents of this state. The department may
  434  charge a reasonable fee associated with the issuance and renewal
  435  of patient and caregiver identification cards. By October 3,
  436  2017, the department shall begin issuing identification cards to
  437  adult patients who are residents of this state and who have a
  438  physician certification that meets the requirements of
  439  subsection (2); minor patients who are residents of this state
  440  and who have a physician certification that meets the
  441  requirements of subsection (2) and the written consent of a
  442  parent or legal guardian; and caregivers registered pursuant to
  443  subsection (5). Patient and caregiver identification cards must
  444  be resistant to counterfeiting and tampering and must include at
  445  least the following:
  446         1. The name, address, and date of birth of the patient or
  447  caregiver, as appropriate;
  448         2. A full-face, passport-type, color photograph of the
  449  patient or caregiver, as appropriate, taken within the 90 days
  450  immediately preceding registration;
  451         3. Designation of the cardholder as a patient or caregiver;
  452         4. A unique numeric identifier for the patient or caregiver
  453  which is matched to the identifier used for such person in the
  454  department’s compassionate use registry. A caregiver’s
  455  identification number and file in the compassionate use registry
  456  must be linked to the file of the patient or patients the
  457  caregiver is assisting so that the caregiver’s status may be
  458  verified for each patient individually;
  459         5. The expiration date, which shall be 1 year after the
  460  date of issuance of the identification card or the date
  461  treatment ends as provided in the patient’s physician
  462  certification, whichever occurs first; and
  463         6. For caregivers who are assisting three or fewer
  464  qualifying patients, the names and unique numeric identifiers of
  465  the qualifying patient or patients that the caregiver is
  466  assisting.
  467         (c)As soon as practicable after the effective date of this
  468  act, update its records by registering each dispensing
  469  organization approved pursuant to chapter 2014-157, Laws of
  470  Florida, or chapter 2016-123, Laws of Florida, as an MMTC with
  471  an effective registration date that coincides with that
  472  dispensing organization’s date of approval as a dispensing
  473  organization. On the effective date of this act, all dispensing
  474  organizations approved pursuant to chapter 2014-157, Laws of
  475  Florida, or chapter 2016-123, Laws of Florida, are deemed to be
  476  registered MMTCs. The department may not require a dispensing
  477  organization approved pursuant to chapter 2014-157, Laws of
  478  Florida, or chapter 2016-123, Laws of Florida, to submit an
  479  application and may not charge the dispensing organization an
  480  application or registration fee for the initial registration of
  481  that dispensing organization as an MMTC pursuant to this
  482  section. For purposes of the requirement that an MMTC comply
  483  with the representations made in its application pursuant to
  484  subsection (7), an MMTC registered pursuant to this paragraph
  485  shall continue to comply with the representations made in its
  486  application for approval as a dispensing organization, including
  487  any revision authorized by the department before the effective
  488  date of this act. After the effective date of this act, the
  489  department may grant variances from the representations made in
  490  a dispensing organization’s application for approval pursuant to
  491  subsection (7). For purposes of the definition of the term
  492  “marijuana” in s. 29, of Art. X of the State Constitution, an
  493  MMTC is deemed to be a dispensing organization as that term is
  494  defined in former s. 381.986(1)(a), Florida Statutes 2014
  495  Authorize the establishment of five dispensing organizations to
  496  ensure reasonable statewide accessibility and availability as
  497  necessary for patients registered in the compassionate use
  498  registry and who are ordered low-THC cannabis, medical cannabis,
  499  or a cannabis delivery device under this section, one in each of
  500  the following regions: northwest Florida, northeast Florida,
  501  central Florida, southeast Florida, and southwest Florida.
  502         (d)Within 6 months after the registration of 250,000
  503  active qualifying patients in the compassionate use registry,
  504  the department must register five additional MMTCs, including,
  505  but not limited to, an applicant that is a recognized class
  506  member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or In
  507  re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011) and a
  508  member of the Black Farmers and Agriculturalists Association.
  509  Additionally, the department must register an additional five
  510  MMTCs within 6 months after the registration of each of the
  511  following totals of the number of patients in the compassionate
  512  use registry: 350,000 qualifying patients; 400,000 qualifying
  513  patients; 500,000 qualifying patients; and then the registration
  514  of each additional 100,000 qualifying patients above 500,000, if
  515  a sufficient number of MMTC applicants meet the registration
  516  requirements established in this section and by department rule.
  517         (e) The department shall develop an application form for
  518  registration as an MMTC and impose an initial application and
  519  biennial renewal fee that is sufficient to cover the costs of
  520  administering this section. To be registered as an MMTC, the an
  521  applicant for approval as a dispensing organization must be able
  522  to demonstrate:
  523         1. The technical and technological ability to cultivate and
  524  produce low-THC cannabis and marijuana. The applicant must
  525  possess a valid certificate of registration issued by the
  526  Department of Agriculture and Consumer Services pursuant to s.
  527  581.131 that is issued for the cultivation of more than 400,000
  528  plants, be operated by a nurseryman as defined in s. 581.011,
  529  and have been operated as a registered nursery in this state for
  530  at least 30 continuous years.
  531         2. The ability to secure the premises, resources, and
  532  personnel necessary to operate as an MMTC a dispensing
  533  organization.
  534         3. The ability to maintain accountability of all raw
  535  materials, finished products, and any byproducts to prevent
  536  diversion or unlawful access to or possession of these
  537  substances.
  538         4. An infrastructure reasonably located to dispense low-THC
  539  cannabis and marijuana to registered qualifying patients
  540  statewide or regionally as determined by the department.
  541         5. The financial ability to maintain operations for the
  542  duration of the 2-year approval cycle, including the provision
  543  of certified financials to the department. Upon approval, the
  544  applicant must post a $5 million performance bond. However, upon
  545  an MMTC a dispensing organization’s serving at least 1,000
  546  qualifying qualified patients, the MMTC dispensing organization
  547  is only required to maintain a $2 million performance bond.
  548         6. That all owners and managers have been fingerprinted and
  549  have successfully passed a level 2 background screening pursuant
  550  to s. 435.04.
  551         7. The employment of a medical director to supervise the
  552  activities of the MMTC dispensing organization.
  553         (c) Upon the registration of 250,000 active qualified
  554  patients in the compassionate use registry, approve three
  555  dispensing organizations, including, but not limited to, an
  556  applicant that is a recognized class member of Pigford v.
  557  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  558  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the
  559  Black Farmers and Agriculturalists Association, which must meet
  560  the requirements of subparagraphs (b)2.-7. and demonstrate the
  561  technical and technological ability to cultivate and produce
  562  low-THC cannabis.
  563         (f)(d) Allow an MMTC a dispensing organization to make a
  564  wholesale purchase of marijuana low-THC cannabis or medical
  565  cannabis from, or a distribution of marijuana low-THC cannabis
  566  or medical cannabis to, another MMTC dispensing organization.
  567         (g)(e) Monitor physician registration in the compassionate
  568  use registry and the issuance of physician certifications
  569  pursuant to subsection (2) ordering of low-THC cannabis, medical
  570  cannabis, or a cannabis delivery device for ordering practices
  571  that could facilitate unlawful diversion or misuse of marijuana
  572  low-THC cannabis, medical cannabis, or a cannabis delivery
  573  devices device and take disciplinary action as indicated.
  574         (7)(6)MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING
  575  ORGANIZATION.—Each MMTC must register with the department. A
  576  registered MMTC An approved dispensing organization must, at all
  577  times, maintain compliance with paragraph (6)(e), the criteria
  578  demonstrated for selection and approval as a dispensing
  579  organization under subsection(5) and the criteria required in
  580  this subsection, and all representations made to the department
  581  in the MMTC’s application for registration. Upon request, the
  582  department may grant an MMTC one or more variances from the
  583  representations made in the MMTC’s application. Consideration of
  584  such a variance shall be based upon the individual facts and
  585  circumstances surrounding the request. A variance may not be
  586  granted unless the requesting MMTC can demonstrate to the
  587  department that it has a proposed alternative to the specific
  588  representation made in its application which fulfills the same
  589  or a similar purpose as the specific representation in a way
  590  that the department can reasonably determine will not be a lower
  591  standard than the specific representation in the application.
  592         (a) When growing marijuana low-THC cannabis or medical
  593  cannabis, an MMTC a dispensing organization:
  594         1. May use pesticides determined by the department, after
  595  consultation with the Department of Agriculture and Consumer
  596  Services, to be safely applied to plants intended for human
  597  consumption, but may not use pesticides designated as
  598  restricted-use pesticides pursuant to s. 487.042.
  599         2. Must grow marijuana low-THC cannabis or medical cannabis
  600  within an enclosed structure and in a room separate from any
  601  other plant.
  602         3. Must inspect seeds and growing plants for plant pests
  603  that endanger or threaten the horticultural and agricultural
  604  interests of the state, notify the Department of Agriculture and
  605  Consumer Services within 10 calendar days after a determination
  606  that a plant is infested or infected by such plant pest, and
  607  implement and maintain phytosanitary policies and procedures.
  608         4. Must perform fumigation or treatment of plants, or the
  609  removal and destruction of infested or infected plants, in
  610  accordance with chapter 581 and any rules adopted thereunder.
  611         (b) When processing marijuana low-THC cannabis or medical
  612  cannabis, an MMTC a dispensing organization must:
  613         1. Process the marijuana low-THC cannabis or medical
  614  cannabis within an enclosed structure and in a room separate
  615  from other plants or products.
  616         2. Test the processed marijuana low-THC cannabis and
  617  medical cannabis before it is they are dispensed. Results must
  618  be verified and signed by two MMTC dispensing organization
  619  employees. Before dispensing low-THC cannabis, the MMTC
  620  dispensing organization must determine that the test results
  621  indicate that the low-THC cannabis meets the definition of low
  622  THC cannabis. Before dispensing marijuana, the MMTC must
  623  determine and, for medical cannabis and low-THC cannabis, that
  624  the marijuana all medical cannabis and low-THC cannabis is safe
  625  for human consumption and free from contaminants that are unsafe
  626  for human consumption. The MMTC dispensing organization must
  627  retain records of all testing and samples of each homogenous
  628  batch of marijuana cannabis and low-THC cannabis for at least 9
  629  months. The MMTC dispensing organization must contract with an
  630  independent testing laboratory to perform audits on the MMTC’s
  631  dispensing organization’s standard operating procedures, testing
  632  records, and samples and provide the results to the department
  633  to confirm that the marijuana low-THC cannabis or medical
  634  cannabis meets the requirements of this section and that the
  635  marijuana medical cannabis and low-THC cannabis is safe for
  636  human consumption.
  637         3. Package the marijuana low-THC cannabis or medical
  638  cannabis in compliance with the United States Poison Prevention
  639  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.
  640         4. Package the marijuana low-THC cannabis or medical
  641  cannabis in a child-proof receptacle that has a firmly affixed
  642  and legible label stating the following information:
  643         a. A statement that the marijuana low-THC cannabis or
  644  medical cannabis meets the requirements of subparagraph 2.;
  645         b. The name of the MMTC dispensing organization from which
  646  the marijuana medical cannabis or low-THC cannabis originates;
  647  and
  648         c. The batch number and harvest number from which the
  649  marijuana medical cannabis or low-THC cannabis originates; and
  650         d.The concentration of tetrahydrocannabinol and
  651  cannabidiol in the product.
  652         5. Reserve two processed samples from each batch and retain
  653  such samples for at least 9 months for the purpose of testing
  654  pursuant to the audit required under subparagraph 2.
  655         (c) When dispensing marijuana low-THC cannabis, medical
  656  cannabis, or a cannabis delivery device, an MMTC a dispensing
  657  organization:
  658         1. May not dispense more than a 90-day 45-day supply of
  659  marijuana low-THC cannabis or medical cannabis to a qualifying
  660  patient or caregiver the patient’s legal representative.
  661         2. Must ensure its have the dispensing organization’s
  662  employee who dispenses the marijuana low-THC cannabis, medical
  663  cannabis, or a cannabis delivery device enters enter into the
  664  compassionate use registry his or her name or unique employee
  665  identifier.
  666         3. Must verify that the qualifying patient and the
  667  caregiver, if applicable, both have an active and valid
  668  compassionate use registry identification card and that the
  669  amount and type of marijuana dispensed matches the physician’s
  670  certification in the compassionate use registry for that
  671  qualifying patient that a physician has ordered the low-THC
  672  cannabis, medical cannabis, or a specific type of a cannabis
  673  delivery device for the patient.
  674         4.Must label the low-THC cannabis or marijuana with the
  675  recommended dose for the qualifying patient receiving the low
  676  THC cannabis or marijuana.
  677         5.4. May not dispense or sell any other type of cannabis,
  678  alcohol, or illicit drug-related product, including pipes,
  679  bongs, or wrapping papers, other than a physician-ordered
  680  cannabis delivery device required for the medical use of
  681  marijuana that is specified in a physician certification low-THC
  682  cannabis or medical cannabis, while dispensing low-THC cannabis
  683  or medical cannabis. A registered MMTC may produce and dispense
  684  marijuana as an edible or food product but may not produce such
  685  items in a format designed to be attractive to children. In
  686  addition to the requirements of this section and department
  687  rule, food products produced by an MMTC must meet all food
  688  safety standards established in state and federal law,
  689  including, but not limited to, the identification of the serving
  690  size and the amount of THC in each serving.
  691         5. Must verify that the patient has an active registration
  692  in the compassionate use registry, the patient or patient’s
  693  legal representative holds a valid and active registration card,
  694  the order presented matches the order contents as recorded in
  695  the registry, and the order has not already been filled.
  696         6. Must, upon dispensing the marijuana low-THC cannabis,
  697  medical cannabis, or cannabis delivery device, record in the
  698  registry the date, time, quantity, and form of marijuana low-THC
  699  cannabis or medical cannabis dispensed; and the type of cannabis
  700  delivery device dispensed; and the name and compassionate use
  701  registry identification number of the qualifying patient or
  702  caregiver to whom the marijuana or cannabis delivery device was
  703  dispensed.
  704         (d) To ensure the safety and security of its premises and
  705  any off-site storage facilities, and to maintain adequate
  706  controls against the diversion, theft, and loss of marijuana
  707  low-THC cannabis, medical cannabis, or cannabis delivery
  708  devices, an MMTC a dispensing organization shall:
  709         1.a. Maintain a fully operational security alarm system
  710  that secures all entry points and perimeter windows and is
  711  equipped with motion detectors; pressure switches; and duress,
  712  panic, and hold-up alarms; or
  713         b. Maintain a video surveillance system that records
  714  continuously 24 hours each day and meets at least one of the
  715  following criteria:
  716         (I) Cameras are fixed in a place that allows for the clear
  717  identification of persons and activities in controlled areas of
  718  the premises. Controlled areas include grow rooms, processing
  719  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  720  rooms;
  721         (II) Cameras are fixed in entrances and exits to the
  722  premises, which shall record from both indoor and outdoor, or
  723  ingress and egress, vantage points;
  724         (III) Recorded images must clearly and accurately display
  725  the time and date; or
  726         (IV) Retain video surveillance recordings for a minimum of
  727  45 days, or longer upon the request of a law enforcement agency.
  728         2. Ensure that the MMTC’s organization’s outdoor premises
  729  have sufficient lighting from dusk until dawn.
  730         3. Establish and maintain a tracking system approved by the
  731  department which that traces the marijuana low-THC cannabis or
  732  medical cannabis from seed to sale. The tracking system must
  733  shall include notification of key events as determined by the
  734  department, including when cannabis seeds are planted, when
  735  cannabis plants are harvested and destroyed, and when marijuana
  736  low-THC cannabis or medical cannabis is transported, sold,
  737  stolen, diverted, or lost.
  738         4. Not dispense from its premises marijuana low-THC
  739  cannabis, medical cannabis, or a cannabis delivery device
  740  between the hours of 9 p.m. and 7 a.m., but may perform all
  741  other operations and deliver marijuana low-THC cannabis and
  742  medical cannabis to qualifying qualified patients 24 hours each
  743  day.
  744         5. Store marijuana low-THC cannabis or medical cannabis in
  745  a secured, locked room or a vault.
  746         6. Require at least two of its employees, or two employees
  747  of a security agency with whom it contracts, to be on the
  748  premises at all times.
  749         7. Require each employee or contractor to wear a photo
  750  identification badge at all times while on the premises.
  751         8. Require each visitor to wear a visitor’s pass at all
  752  times while on the premises.
  753         9. Implement an alcohol and drug-free workplace policy.
  754         10. Report to local law enforcement within 24 hours after
  755  it is notified or becomes aware of the theft, diversion, or loss
  756  of marijuana low-THC cannabis or medical cannabis.
  757         (e) To ensure the safe transport of marijuana low-THC
  758  cannabis or medical cannabis to MMTC dispensing organization
  759  facilities, independent testing laboratories, or qualifying
  760  patients, the MMTC dispensing organization must:
  761         1. Maintain a transportation manifest, which must be
  762  retained for at least 1 year. A copy of the manifest must be in
  763  the vehicle at all times when transporting marijuana.
  764         2. Ensure only vehicles in good working order are used to
  765  transport marijuana low-THC cannabis or medical cannabis.
  766         3. Lock marijuana low-THC cannabis or medical cannabis in a
  767  separate compartment or container within the vehicle.
  768         4. Require at least two persons to be in a vehicle
  769  transporting marijuana low-THC cannabis or medical cannabis, and
  770  require at least one person to remain in the vehicle while the
  771  marijuana low-THC cannabis or medical cannabis is being
  772  delivered.
  773         5. Provide specific safety and security training to
  774  employees transporting or delivering marijuana low-THC cannabis
  775  or medical cannabis.
  776         (8)(7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.—
  777         (a) The department may conduct announced or unannounced
  778  inspections of MMTCs dispensing organizations to determine
  779  compliance with this section or rules adopted pursuant to this
  780  section.
  781         (b) The department shall inspect an MMTC a dispensing
  782  organization upon complaint or notice provided to the department
  783  that the MMTC dispensing organization has dispensed marijuana
  784  low-THC cannabis or medical cannabis containing any mold,
  785  bacteria, or other contaminant that may cause or has caused an
  786  adverse effect to human health or the environment.
  787         (c) The department shall conduct at least a biennial
  788  inspection of each MMTC dispensing organization to evaluate the
  789  MMTC’s dispensing organization’s records, personnel, equipment,
  790  processes, security measures, sanitation practices, and quality
  791  assurance practices.
  792         (d) The department shall adopt by rule a process for
  793  approving changes in MMTC ownership or a change in an MMTC
  794  owner’s investment interest. This process must include specific
  795  criteria for the approval or denial of an application for change
  796  of ownership or a change in investment interest and procedures
  797  for screening applicants’ criminal and financial histories.
  798         (e)(d) The department may enter into interagency agreements
  799  with the Department of Agriculture and Consumer Services, the
  800  Department of Business and Professional Regulation, the
  801  Department of Transportation, the Department of Highway Safety
  802  and Motor Vehicles, and the Agency for Health Care
  803  Administration, and such agencies are authorized to enter into
  804  an interagency agreement with the department, to conduct
  805  inspections or perform other responsibilities assigned to the
  806  department under this section.
  807         (f)(e) The department must make a list of all approved
  808  MMTCs, dispensing organizations and qualified ordering
  809  physicians who are qualified to issue physician certifications,
  810  and medical directors publicly available on its website.
  811         (f) The department may establish a system for issuing and
  812  renewing registration cards for patients and their legal
  813  representatives, establish the circumstances under which the
  814  cards may be revoked by or must be returned to the department,
  815  and establish fees to implement such system. The department must
  816  require, at a minimum, the registration cards to:
  817         1. Provide the name, address, and date of birth of the
  818  patient or legal representative.
  819         2. Have a full-face, passport-type, color photograph of the
  820  patient or legal representative taken within the 90 days
  821  immediately preceding registration.
  822         3. Identify whether the cardholder is a patient or legal
  823  representative.
  824         4. List a unique numeric identifier for the patient or
  825  legal representative that is matched to the identifier used for
  826  such person in the department’s compassionate use registry.
  827         5. Provide the expiration date, which shall be 1 year after
  828  the date of the physician’s initial order of low-THC cannabis or
  829  medical cannabis.
  830         6. For the legal representative, provide the name and
  831  unique numeric identifier of the patient that the legal
  832  representative is assisting.
  833         7. Be resistant to counterfeiting or tampering.
  834         (g) The department may impose reasonable fines not to
  835  exceed $10,000 on an MMTC a dispensing organization for any of
  836  the following violations:
  837         1. Violating this section, s. 499.0295, or department rule.
  838         2. Failing to maintain qualifications for registration with
  839  the department approval.
  840         3. Endangering the health, safety, or security of a
  841  qualifying qualified patient.
  842         4. Improperly disclosing personal and confidential
  843  information of a qualifying the qualified patient.
  844         5. Attempting to procure MMTC registration with the
  845  department dispensing organization approval by bribery,
  846  fraudulent misrepresentation, or extortion.
  847         6. Any owner or manager of the MMTC being convicted or
  848  found guilty of, or entering a plea of guilty or nolo contendere
  849  to, regardless of adjudication, a crime in any jurisdiction
  850  which directly relates to the business of an MMTC a dispensing
  851  organization.
  852         7. Making or filing a report or record that the MMTC
  853  dispensing organization knows to be false.
  854         8. Willfully failing to maintain a record required by this
  855  section or department rule.
  856         9. Willfully impeding or obstructing an employee or agent
  857  of the department in the furtherance of his or her official
  858  duties.
  859         10. Engaging in fraud or deceit, negligence, incompetence,
  860  or misconduct in the business practices of an MMTC a dispensing
  861  organization.
  862         11. Making misleading, deceptive, or fraudulent
  863  representations in or related to the business practices of an
  864  MMTC a dispensing organization.
  865         12. Having a license or the authority to engage in any
  866  regulated profession, occupation, or business that is related to
  867  the business practices of an MMTC a dispensing organization
  868  suspended, revoked, or otherwise acted against by the licensing
  869  authority of any jurisdiction, including its agencies or
  870  subdivisions, for a violation that would constitute a violation
  871  under Florida law.
  872         13. Violating a lawful order of the department or an agency
  873  of the state, or failing to comply with a lawfully issued
  874  subpoena of the department or an agency of the state.
  875         (h) The department may suspend, revoke, or refuse to renew
  876  an MMTC’s registration with the department a dispensing
  877  organization’s approval if the MMTC a dispensing organization
  878  commits a violation specified any of the violations in paragraph
  879  (g).
  880         (i) The department shall renew an MMTC’s registration with
  881  the department the approval of a dispensing organization
  882  biennially if the MMTC dispensing organization meets the
  883  requirements of this section and pays the biennial renewal fee.
  884         (j) The department may adopt rules necessary to implement
  885  this section.
  886         (9)(8) PREEMPTION.—
  887         (a) All matters regarding the regulation of the cultivation
  888  and processing of marijuana medical cannabis or low-THC cannabis
  889  by MMTCs dispensing organizations are preempted to the state.
  890         (b) A municipality may determine by ordinance the criteria
  891  for the number and location of, and other permitting
  892  requirements that do not conflict with state law or department
  893  rule for, dispensing facilities of MMTCs dispensing
  894  organizations located within its municipal boundaries. A county
  895  may determine by ordinance the criteria for the number,
  896  location, and other permitting requirements that do not conflict
  897  with state law or department rule for all dispensing facilities
  898  of MMTCs dispensing organizations located within the
  899  unincorporated areas of that county.
  900         (10)(9) EXCEPTIONS TO OTHER LAWS.—
  901         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  902  any other provision of law, but subject to the requirements of
  903  this section, a qualifying qualified patient, or a caregiver who
  904  has obtained a valid compassionate use registry identification
  905  card from the department, and the qualified patient’s legal
  906  representative may purchase from an MMTC, and possess for the
  907  qualifying patient’s medical use, up to the amount of marijuana
  908  in the physician’s certification low-THC cannabis or medical
  909  cannabis ordered for the patient, but not more than a 90-day 45
  910  day supply, and a cannabis delivery device specified in the
  911  physician’s certification ordered for the qualifying patient.
  912         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  913  any other provision of law, but subject to the requirements of
  914  this section, a registered MMTC an approved dispensing
  915  organization and its owners, managers, contractors, and
  916  employees may manufacture, possess, sell, deliver, distribute,
  917  dispense, administer, and lawfully dispose of reasonable
  918  quantities, as established by department rule, of marijuana low
  919  THC cannabis, medical cannabis, or a cannabis delivery device.
  920  For purposes of this subsection, the terms “manufacture,”
  921  “possession,” “deliver,” “distribute,” and “dispense” have the
  922  same meanings as provided in s. 893.02.
  923         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  924  any other provision of law, but subject to the requirements of
  925  this section, an approved independent testing laboratory may
  926  possess, test, transport, and lawfully dispose of marijuana low
  927  THC cannabis or medical cannabis as provided by department rule.
  928         (d) An approved MMTC dispensing organization and its
  929  owners, managers, contractors, and employees are not subject to
  930  licensure or regulation under chapter 465 or chapter 499 for
  931  manufacturing, possessing, selling, delivering, distributing,
  932  dispensing, or lawfully disposing of reasonable quantities, as
  933  established by department rule, of marijuana low-THC cannabis,
  934  medical cannabis, or a cannabis delivery device.
  935         (e) An approved dispensing organization that continues to
  936  meet the requirements for approval is presumed to be registered
  937  with the department and to meet the regulations adopted by the
  938  department or its successor agency for the purpose of dispensing
  939  medical cannabis or low-THC cannabis under Florida law.
  940  Additionally, Exercise by an MMTC of the authority provided to
  941  MMTCs a dispensing organization in s. 499.0295 does not impair
  942  its registration with the department the approval of a
  943  dispensing organization.
  944         (f) This subsection does not exempt a person from
  945  prosecution for a criminal offense related to impairment or
  946  intoxication resulting from the medical use of marijuana low-THC
  947  cannabis or medical cannabis or relieve a person from any
  948  requirement under law to submit to a breath, blood, urine, or
  949  other test to detect the presence of a controlled substance.
  950         (g)This section does not limit the ability of an employer
  951  to establish, continue, or enforce a drug-free workplace program
  952  or policy.
  953         Section 2. Paragraph (b) of subsection (3) of section
  954  381.987, Florida Statutes, is amended to read:
  955         381.987 Public records exemption for personal identifying
  956  information in the compassionate use registry.—
  957         (3) The department shall allow access to the registry,
  958  including access to confidential and exempt information, to:
  959         (b) A medical marijuana treatment center dispensing
  960  organization approved by the department pursuant to s. 381.986
  961  which is attempting to verify the authenticity of a physician’s
  962  certification order for marijuana low-THC cannabis, including
  963  whether the physician certification order had been previously
  964  filled and whether the physician certification order was written
  965  for the person attempting to have it filled.
  966         Section 3. Subsection (1) of section 385.211, Florida
  967  Statutes, is amended to read:
  968         385.211 Refractory and intractable epilepsy treatment and
  969  research at recognized medical centers.—
  970         (1) As used in this section, the term “low-THC cannabis”
  971  means “low-THC cannabis” as defined in s. 381.986 which that is
  972  dispensed only from a medical marijuana treatment center
  973  dispensing organization as defined in s. 381.986.
  974         Section 4. Present paragraphs (b) and (c) of subsection (2)
  975  of section 499.0295, Florida Statutes, are redesignated as
  976  paragraphs (a) and (b), respectively, present paragraphs (a) and
  977  (c) of that subsection are amended, a new paragraph (c) is added
  978  to that subsection, and subsection (3) of that section is
  979  amended, to read:
  980         499.0295 Experimental treatments for terminal conditions.—
  981         (2) As used in this section, the term:
  982         (a) “Dispensing organization” means an organization
  983  approved by the Department of Health under s. 381.986(5) to
  984  cultivate, process, transport, and dispense low-THC cannabis,
  985  medical cannabis, and cannabis delivery devices.
  986         (b)(c) “Investigational drug, biological product, or
  987  device” means:
  988         1. A drug, biological product, or device that has
  989  successfully completed phase 1 of a clinical trial but has not
  990  been approved for general use by the United States Food and Drug
  991  Administration and remains under investigation in a clinical
  992  trial approved by the United States Food and Drug
  993  Administration; or
  994         2. Marijuana Medical cannabis that is manufactured and sold
  995  by an MMTC a dispensing organization.
  996         (c) Medical marijuana treatment center” or “MMTC” means an
  997  organization registered with the Department of Health under s.
  998  381.986.
  999         (3) Upon the request of an eligible patient, a manufacturer
 1000  may, or upon the issuance of a physician certification a
 1001  physician’s order pursuant to s. 381.986, an MMTC a dispensing
 1002  organization may:
 1003         (a) Make its investigational drug, biological product, or
 1004  device available under this section.
 1005         (b) Provide an investigational drug, biological product,
 1006  device, or cannabis delivery device as defined in s. 381.986 to
 1007  an eligible patient without receiving compensation.
 1008         (c) Require an eligible patient to pay the costs of, or the
 1009  costs associated with, the manufacture of the investigational
 1010  drug, biological product, device, or cannabis delivery device as
 1011  defined in s. 381.986.
 1012         Section 5. Subsection (1) of section 1004.441, Florida
 1013  Statutes, is amended to read:
 1014         1004.441 Refractory and intractable epilepsy treatment and
 1015  research.—
 1016         (1) As used in this section, the term “low-THC cannabis”
 1017  means “low-THC cannabis” as defined in s. 381.986 which that is
 1018  dispensed only from a medical marijuana treatment center
 1019  dispensing organization as defined in s. 381.986.
 1020         Section 6. The Division of Law Revision and Information is
 1021  directed to replace the phrase “the effective date of this act”
 1022  wherever it occurs in this act with the date the act becomes a
 1023  law.
 1024         Section 7. This act shall take effect upon becoming a law.