Board Certified Criminal Defense Trial Lawyer, Near Tampa, Florida defends all drug crimes, including marijuana, cannabis, grow house cases and helps with medical marijuana and drug programs.
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Law Office of W.F. ''Casey'' Ebsary, Jr.
Marijuana for Debilitating Medical Conditions
PURPOSE AND EFFECT: The purpose and effect of
this rule is to implement provisions of Article X, Section 29 of the Florida
Constitution, to set out clear guidance on use of terms and implementation of
the amendment which went into effect on January 3, 2017.
SUBJECT AREA TO BE ADDRESSED: The use of medical
marijuana for debilitating medical conditions.
Pursuant to the provisions of the Americans with
Disabilities Act, any person requiring special accommodations to participate in
this workshop/meeting is asked to advise the agency at least 5 days before the
workshop/meeting by contacting: Courtney Coppola at
Courtney.Coppola@flhealth.gov. If you are hearing or speech impaired, please
contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE
DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF
AVAILABLE, IS: Courtney Coppola at Courtney.Coppola@flhealth.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64-4.012 Medical Marijuana for Debilitating Medical
(1) For the purposes of this
chapter, in accordance with Article X, Section 29, Fla. Const., the following definitions shall apply:
(a) “MedicalMarijuanaTreatmentCenter (MMTC)” shall have the same definition as a dispensing
organization in s. 381.986(1)(b), F.S.
(b) “Caregiver” shall mean a legal
representative as defined by s. 381.986(1)(d), F.S., who is at least twenty-one
(21) years old and has successfully passed a Level 1 background screening as
defined in s. 435.03, F.S.
(c) “Medical use” shall have the
same definition as medical use in s. 381.986(1)(g), F.S.
(d) “Qualifying patient” shall mean
a qualified patient as defined by s. 381.986(1)(h), F.S., who has been
diagnosed to have a qualifying debilitating medical condition, has a physician
certification, and who has a valid patient Compassionate Use Registry
(e) “Qualifying debilitating medical
condition” shall mean conditions eligible for physician ordering contained in
s. 381.986(2), F.S., or cancer, epilepsy, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS),
post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS),
Crohn's disease, Parkinson's disease, multiple sclerosis. Also, any
debilitating medical conditions of the same kind or class as or comparable to
those enumerated, as determined by the Florida Board of Medicine.
(f) The 45 day supply limitation set
forth in s. 381.968(2)(e), F.S. shall be an adequate supply for a qualifying
patient’s medical use.
(g) A physician authorized to order
medical marijuana means a qualified ordering physician who has met the
requirements of s. 381.986 (2-4), F.S.
(h) “Physician certification” means
DH8011-OCU-12/2016, “Physician Certification,” which is incorporated by
reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-####
and must be submitted with each “Compassionate Use Registry
Identification Card Qualified Patient Application.” A physician certification
may only be provided after the physician has conducted a physical examination
and a full assessment of the medical history of the patient. In order for a
physician certification to be issued to a minor, a parent or legal guardian of
the minor must consent in writing.
(2) All MMTCs, physicians, patients,
and caregivers must be registered in the online Compassionate Use Registry as
required by s. 381.986(5)(a), F.S., and Rule 64-4.009, F.A.C. All orders for
medical marijuana must be entered into the registry for processing accordingly.
(3) The process for registering as
an MMTC shall be the same approval and selection process outlined in s.
381.986, F.S., and Rule 64-4.002, F.A.C., and subject to the same limitations
and operational requirements contained therein.
(4) All MMTCs shall follow the
medical record keeping standards as set forth in Rule 64B8-9.003, F.A.C., as
adopted and incorporated herein.
(5) All MMTCs shall abide by the
security, product testing, labeling, inspection and safety standards set forth
in s. 381.986, F.S and this chapter.
Rulemaking Authority Art. X, §
29(d), Fla. Const. Law Implemented Art. X, § 29, Fla. Const., 381.986 FS. History – New ______.