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."
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.
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 medicalcannabis 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-THC71 cannabis or medical cannabisinto 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 the84 department to cultivate, process, transport, and dispense low85 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 qualifiedpatient’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 qualified94 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 qualifiedpatient. 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 ” means108 all parts of any plant of the genus Cannabis , whether growing or109 not; the seeds thereof; the resin extracted from any part of the110 plant; and every compound, manufacture, sale, derivative,111 mixture, or preparation of the plant or its seeds or resin that112 is dispensed only from a dispensing organization for medical use113 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 the119 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-THC122 cannabis or medical cannabisby 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 medical127 cannabisto a person other than the qualifying qualifiedpatient 128 for whom it was orderedor the qualifying qualifiedpatient’s 129 caregiver legal representativeon behalf of the qualifying 130 qualifiedpatient. 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 or135 medical cannabis: 136 a. On any form of public transportation. 137 b. In any public place. 138 c. In a qualifying qualifiedpatient’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 Qualifiedpatient” 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 been153 added to the compassionate use registry by a physician licensed154 under chapter 458 or chapter 459 to receive low-THC cannabis or155 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 qualifiedpatient 166 suffering from cancer ora 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-THC174 cannabisto alleviate the patient’s pain symptoms of such175 disease, disorder, or condition, if no other satisfactory176 alternative treatment options exist for the qualified patient; 177 or 178 4. order medical cannabis to treatAn 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 acannabis delivery devices to 183 assist with device forthe 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 months191 immediately preceding the patient’s registration in the192 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 treating202 the patient with low-THC cannabis or medical cannabis are203 reasonable in light of the potential benefit tothe patient . If204 a patient is younger than 18 years of age, a second physician205 must concur with this determination, and such determination must206 be documented in the patient’s medical record; 207 6. (e)Registers as the patient’s physician orderer of low208 THC cannabis or medical cannabis for the named patienton the 209 compassionate use registry maintained by the department and 210 updates the registry to reflect the contents of the order,211 includingthe amount of marijuana low-THC cannabis or medical212 cannabisthat will provide the patient with not more than a 90 213 day 45-daysupply and any acannabis delivery device needed by 214 the patient for the medical use of marijuana low-THC cannabis or215 medical cannabis. If the physician’s recommended amount of 216 marijuana for a 90-day supply changes, the physician must also217 update the registry within 7 days after the anychange is made 218 to the original order to reflect the change. The physician shall 219 deactivate the registration of the patient and the patient’s220 legal representativewhen the physician no longer recommends the 221 medical use of marijuana for the patient treatment is222 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 medical230 cannabison 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 cannabisafter 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 acceptable237 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 and246 required under s. 499.0295, if the physician is ordering medical247 cannabis for an eligible patient pursuant to that section; and248 (e) (j)A physician may not issue a physician certification 249 if the physician is nota medical director employed by an MMTC a250 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 fora patient in a manner other than as 268 required in subsection (2) without a reasonable belief that the269 patient is suffering from:270 1. Cancer or A physical medical condition that chronically271 produces symptoms of seizures or severe and persistent muscle272 spasms that can be treated with low-THC cannabis; or273 2. Symptoms of cancer or a physical medical condition that274 chronically produces symptoms of seizures or severe and275 persistent muscle spasms that can be alleviated with low-THC276 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 the279 physician orders medical cannabis for a patient without a280 reasonable belief that the patient has a terminal condition as281 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 defined293 in s. 499.0295who uses marijuana medical cannabis, and such 294 patient’s caregiver legal representativewho 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 organizationrelated 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, medical322 cannabis, or a cannabis delivery device for medical use by a323 patient in this state, the appropriate board shall require the 324 orderingphysician to successfully complete a 4-hour an 8-hour325 course and subsequent examination offered by the Florida Medical 326 Association or the Florida Osteopathic Medical Association which 327 thatencompasses 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 ofthese 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 hoursof 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 organizationto 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 thatencompasses appropriate safety 353 procedures and knowledge of marijuana low-THC cannabis, medical354 cannabis ,and cannabis delivery devices. 355 (c) Successful completion of the course and examination356 specified in paragraph (a) is required for every physician who357 orders low-THC cannabis, medical cannabis, or a cannabis358 delivery device each time such physician renews his or her359 license. In addition, successful completion of the course and360 examination specified in paragraph (b) is required for the361 medical director of each dispensing organization each time such362 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 orders365 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 patients410 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 toverify the 422 authorization of a qualifying patient or a patient’s caregiver 423 legal representativeto 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 anactive 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 to496 ensure reasonable statewide accessibility and availability as497 necessary for patients registered in the compassionate use498 registry and who are ordered low-THC cannabis, medical cannabis,499 or a cannabis delivery device under this section, one in each of500 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 an521 applicant for approval as a dispensing organizationmust be able 522 to demonstrate: 523 1. The technical and technological ability to cultivate and 524 produce low-THC cannabis and marijuana. The applicant must525 possess a valid certificate of registration issued by the526 Department of Agriculture and Consumer Services pursuant to s.527 581.131 that is issued for the cultivation of more than 400,000528 plants, be operated by a nurseryman as defined in s. 581.011,529 and have been operated as a registered nursery in this state for530 at least 30 continuous years.531 2. The ability to secure the premises, resources, and 532 personnel necessary to operate as an MMTC a d ispensing533 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’sserving at least 1,000 546 qualifying qualifiedpatients, the MMTC dispensing organization547 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 qualified554 patients in the compassionate use registry, approve three555 dispensing organizations, including, but not limited to, an556 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 Farmers558 Litig. , 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the559 Black Farmers and Agriculturalists Association, which must meet560 the requirements of subparagraphs (b)2.-7. and demonstrate the561 technical and technological ability to cultivate and produce562 low-THC cannabis.563 (f) (d)Allow an MMTC a d ispensing organizationto make a 564 wholesale purchase of marijuana low-THC cannabis or medical565 cannabisfrom, or a distribution of marijuana low-THC cannabis566 or medical cannabisto, 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, medical570 cannabis, or a cannabis delivery devicefor orderingpractices 571 that could facilitate unlawful diversion or misuse of marijuana 572 low-THC cannabis, medical cannabis ,or acannabis delivery 573 devices deviceand take disciplinary action as indicated. 574 (7) (6)MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING575 ORGANIZATION.—Each MMTC must register with the department. A 576 registered MMTC An approved dispensing organizationmust, at all 577 times, maintain compliance with paragraph (6)(e), the criteria578 demonstrated for selection and approval as a dispensing579 organization under subsection(5 ) andthe 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 medical593 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 cannabis600 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 medical612 cannabis, an MMTC a dispensing organizationmust: 613 1. Process the marijuana low-THC cannabis or medical614 cannabiswithin an enclosed structure and in a room separate 615 from other plants or products. 616 2. Test the processed marijuana low-THC cannabis and617 medical cannabisbefore it is they aredispensed. Results must 618 be verified and signed by two MMTC dispensing organization619 employees. Before dispensing low-THC cannabis, the MMTC 620 dispensing organizationmust 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 cannabisis safe 625 for human consumption and free from contaminants that are unsafe 626 for human consumption. The MMTC dispensing organizationmust 627 retain records of all testing and samples of each homogenous 628 batch of marijuana cannabis and low-THC cannabisfor at least 9 629 months. The MMTC dispensing organizationmust contract with an 630 independent testing laboratory to perform audits on the MMTC’s 631 dispensing organization’sstandard operating procedures, testing 632 records, and samples and provide the results to the department 633 to confirm that the marijuana low-THC cannabis or medical634 cannabismeets the requirements of this section and that the 635 marijuana medical cannabis and low-THC cannabisis safe for 636 human consumption. 637 3. Package the marijuana low-THC cannabis or medical638 cannabisin 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 medical641 cannabisin 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 or644 medical cannabismeets the requirements of subparagraph 2.; 645 b. The name of the MMTC dispensing organizationfrom which 646 the marijuana medical cannabis or low-THC cannabisoriginates; 647 and648 c. The batch number and harvest number from which the 649 marijuana medical cannabis or low-THC cannabisoriginates; 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, medical656 cannabis ,or a cannabis delivery device, an MMTC a d ispensing657 organization: 658 1. May not dispense more than a 90-day 45-daysupply of 659 marijuana low-THC cannabis or medical cannabisto a qualifying 660 patient or caregiver the patient’s legal representative. 661 2. Must ensure its have the dispensing organization’s662 employee who dispenses the marijuana low-THC cannabis, medical663 cannabis ,or acannabis delivery device enters enterinto 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-THC672 cannabis, medical cannabis, or a specific type of a cannabis673 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-ordered680 cannabis delivery device required for the medical use of 681 marijuana that is specified in a physician certification low-THC682 cannabis or medical cannabis , while dispensing low-THC cannabis683 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 registration692 in the compassionate use registry, the patient or patient’s693 legal representative holds a valid and active registration card,694 the order presented matches the order contents as recorded in695 the registry, and the order has not already been filled.696 6. Must, upon dispensing the marijuana l ow-THC cannabis,697 medical cannabis ,or cannabis delivery device, record in the 698 registry the date, time, quantity, and form of marijuana low-THC699 cannabis or medical cannabisdispensed; andthe 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 di spensing organizationshall: 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’soutdoor premises 729 have sufficient lighting from dusk until dawn. 730 3. Establish and maintain a tracking system approved by the 731 department which thattraces the marijuana low-THC cannabis or732 medical cannabisfrom seed to sale. The tracking system must 733 shallinclude 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 cannabisis transported, sold, 737 stolen, diverted, or lost. 738 4. Not dispense from its premises marijuana low-THC739 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 and742 medical cannabisto qualifying qualifiedpatients 24 hours each 743 day. 744 5. Store marijuana low-THC cannabis or medical cannabisin 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-THC758 cannabis or medical cannabisto MMTC dispensing organization759 facilities, independent testing laboratories, or qualifying 760 patients, the MMTC dispensing organizationmust: 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 cannabisin 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 cannabisis being 772 delivered. 773 5. Provide specific safety and security training to 774 employees transporting or delivering marijuana low-THC cannabis775 or medical cannabis. 776 (8) (7)DEPARTMENT AUTHORITY AND RESPONSIBILITIES.— 777 (a) The department may conduct announced or unannounced 778 inspections of MMTCs dispensing organizationsto determine 779 compliance with this section or rules adopted pursuant to this 780 section. 781 (b) The department shall inspect an MMTC a d ispensing782 organizationupon complaint or notice provided to the department 783 that the MMTC dispensing organizationhas dispensed marijuana 784 low-THC cannabis or medical cannabiscontaining 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 organizationto evaluate the 789 MMTC’s dispensing organization’srecords, 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 ordering809 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 and812 renewing registration cards for patients and their legal813 representatives, establish the circumstances under which the814 cards may be revoked by or must be returned to the department,815 and establish fees to implement such system. The department must816 require, at a minimum, the registration cards to:817 1. Provide the name, address, and date of birth of the818 patient or legal representative.819 2. Have a full-face, passport-type, color photograph of the820 patient or legal representative taken within the 90 days821 immediately preceding registration.822 3. Identify whether the cardholder is a patient or legal823 representative.824 4. List a unique numeric identifier for the patient or825 legal representative that is matched to the identifier used for826 such person in the department’s compassionate use registry.827 5. Provide the expiration date, which shall be 1 year after828 the date of the physician’s initial order of low-THC cannabis or829 medical cannabis.830 6. For the legal representative, provide the name and831 unique numeric identifier of the patient that the legal832 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 organizationfor 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 qualifiedpatient. 842 4. Improperly disclosing personal and confidential 843 information of a qualifying the qualifiedpatient. 844 5. Attempting to procure MMTC registration with the 845 department dispensing organization approvalby 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 d ispensing851 organization. 852 7. Making or filing a report or record that the MMTC 853 dispensing organizationknows 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 dispensing861 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 organization868 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 dispensing877 organization’s approvalif the MMTC a dispensing organization878 commits a violation specified any of the violationsin paragraph 879 (g). 880 (i) The department shall renew an MMTC’s registration with 881 the department the approval of a dispensing organization882 biennially if the MMTC dispensing organizationmeets 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 cannabis889 by MMTCs dispensing organizationsare 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 dispensing894 organizationslocated 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 organizationslocated 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 qualifiedpatient, or a caregiver who 904 has obtained a valid compassionate use registry identification 905 card from the department, and the qualified patient’s legal906 representativemay 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 medical909 cannabis ordere d for the patient, but not more than a 90-day 45910 daysupply, and a cannabis delivery device specified in the 911 physician’s certification orderedfor 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 dispensing915 organizationand 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 low919 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 low927 THC cannabis or medical cannabisas provided by department rule. 928 (d) An approved MMTC dispensing organizationand 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 to936 meet the requirements for approval is presumed to be registered937 with the department and to meet the regulations adopted by the938 department or its successor agency for the purpose of dispensing939 medical cannabis or low-THC cannabis under Florida law.940 Additionally,Exercise by an MMTC of the authority provided to 941 MMTCs a d ispensing organizationin s. 499.0295 does not impair 942 its registration with the department the approval of a943 d ispensing 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-THC947 cannabis or medical cannabisor 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 dispensing960 organizationapproved by the department pursuant to s. 381.986 961 which is attempting to verify the authenticity of a physician’s 962 certification orderfor marijuana low-THC cannabis, including 963 whether the physician certification orderhad been previously 964 filled and whether the physician certification orderwas 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 thatis 972 dispensed only from a medical marijuana treatment center 973 dispensing organizationas 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 organization983 approved by the Department of Health under s. 381.986(5) to984 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 cannabisthat 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 a1001 physician’s orderpursuant to s. 381.986, an MMTC a dispensing1002 organizationmay: 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 thatis 1018 dispensed only from a medical marijuana treatment center 1019 dispensing organizationas 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.