Agenda 07/11/2017 Item #11C07/11/2017
EXECUTIVE SUMMARY
Recommendation to direct staff to either 1) prepare an Ordinance to ban medical marijuana
dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to
publicly vet a Land Development Code (LDC) Amendment to permit medical marijuana
dispensaries in the same zoning districts as pharmacies.
OBJECTIVE: To obtain Board of County Commissioners (Board) direction regarding the regulation of
medical marijuana dispensaries in Collier County.
CONSIDERATIONS: On February 2, 2017, the Board initiated a moratorium for cannabis dispensing
businesses in order to give staff time to review pending legislation and develop land use regulations
regarding medical marijuana. On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A (The Bill).
The Bill introduces comprehensive changes to F.S 381.986 which preempts County regulation of medical
marijuana treatment centers with dispensing facilities. Under the Bill the County has the following two
options when addressing medical marijuana dispensaries:
1. The County may by Ordinance ban medical marijuana dispensaries from locating within
the boundaries of the County.
2. The County may allow medical marijuana dispensaries as described below:
If the Board does not elect a ban, the County may restrict medical marijuana dispensaries from
locating within 500 feet of a public or private elementary, middle, or secondary school; and the
County may determine by Ordinance criteria for the location of, and permitting requiremen ts for,
medical marijuana dispensaries that is not in conflict with state law. However, the County may
not:
•Place limits on the number of dispensing facilities that may locate within Collier County,
and
•Enact an Ordinance for permitting, or determining the location of, dispensing facilities
which is more restrictive than the County’s Ordinances permitting or determining the
locations for pharmacies.
Therefore, if the Board does not elect to ban dispensing facilities, an LDC amendment would be
brought to the Board prior to the moratorium end date of October 11, 2017, that allows medical
marijuana dispensaries in the same zoning districts as pharmacies and not within 500 feet of a
public or private elementary, middle, or secondary school.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The relevant
provisions in the Bill (with the Bill's line items noted) are as follows:
(11) PREEMPTION.-Regulation of cultivation, processing, and
1434 delivery of marijuana by medical marijuana treatment centers is
1435 preempted to the state except as provided in this subsection.
1436 (a) A medical marijuana treatment center cultivating or
1437 processing facility may not be located within 500 feet of the
1438 real property that comprises a public or private elementary
1439 school, middle school, or secondary school.
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1440 (b)1. A county or municipality may, by ordinance, ban
1441 medical marijuana treatment center dispensing facilities from
1442 being located within the boundaries of that county or
1443 municipality. A county or municipality that does not ban
1444 dispensing facilities under this subparagraph may not place
1445 specific limits, by ordinance, on the number of dispensing
1446 facilities that may locate within that county or municipality.
1447 2. A municipality may determine by ordinance the criteria
1448 for the location of, and other permitting requirements that do
1449 not conflict with state law or department rule for, medical
1450 marijuana treatment center dispensing facilities located within
1451 the boundaries of that municipality. A county may determine by
1452 ordinance the criteria for the location of, and other permitting
1453 requirements that do not conflict with state law or department
1454 rule for, all such dispensing facilities located within the
1455 unincorporated areas of that county. Except as provided in
1456 paragraph (c), a county or municipality may not enact ordinances
1457 for permitting or for determining the location of dispensing
1458 facilities which are more restrictive than its ordinances
1459 permitting or determining the locations for pharmacies licensed
1460 under chapter 465. A municipality or county may not charge a
1461 medical marijuana treatment center a license or permit fee in an
1462 amount greater than the fee charged by such municipality or
1463 county to pharmacies. A dispensing facility location approved by
1464 a municipality or county pursuant to former s. 381.986(8)(b),
1465 Florida Statutes 2016, is not subject to the location
1466 requirements of this subsection.
1467 (c) A medical marijuana treatment center dispensing
1468 facility may not be located within 500 feet of the real property
1469 that comprises a public or private elementary school, middle
1470 school, or secondary school unless the county or municipality
1471 approves the location through a formal proceeding open to the
1472 public at which the county or municipality determines that the
1473 location promotes the public health, safety, and general welfare
1474 of the community.
1475 (d) This subsection does not prohibit any local
1476 jurisdiction from ensuring medical marijuana treatment center
1477 facilities comply with the Florida Building Code, the Florida
1478 Fire Prevention Code, or any local amendments to the Florida
1479 Building Code or the Florida Fire Prevention Code.
Note that the statute authorizes the Board to ban these facilities throughout the entire County (including
the Municipalities), but not necessarily the unincorporated area of the County.
With that noted, this item is approved as to form and legality and requires majority vote for approval.
-JAK
RECOMMENDATION: To direct staff to either 1) prepare an Ordinance to ban medical marijuana
dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to publicly
vet a land development code amendment to permit medical marijuana dispensaries in the same zoning
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districts as pharmacies.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. [Linked] SB 8-A (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 3410
Item Summary: Recommendation to direct staff to either 1) prepare an Ordinance to ban medical
marijuana dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to
publicly vet a Land Development Code (LDC) Amendment to permit medical marijuana dispensaries in
the same zoning districts as pharmacies. (Mike Bosi, Planning and Zoning Division Director)
Meeting Date: 07/11/2017
Prepared by:
Title: Planner, Senior – Growth Management Development Review
Name: Jeremy Frantz
06/26/2017 10:41 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/26/2017 10:41 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/26/2017 11:31 AM
Zoning Michael Bosi Additional Reviewer Completed 06/27/2017 8:21 AM
Growth Management Department Jeremy Frantz Level 2 Division Administrator Skipped 06/21/2017 2:45 PM
Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/27/2017 9:51 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/27/2017 4:22 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 8:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 12:11 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/30/2017 4:44 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 10:53 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
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1
An act relating to medical use of marijuana; providing 2
legislative intent; amending s. 212.08, F.S.; 3
providing an exemption from the state tax on sales, 4
use, and other transactions for marijuana and 5
marijuana delivery devices used for medical purposes; 6
amending s. 381.986, F.S.; providing, revising, and 7
deleting definitions; providing qualifying medical 8
conditions for a patient to be eligible to receive 9
marijuana or a marijuana delivery device; providing 10
requirements for designating a qualified physician or 11
medical director; providing criteria for certification 12
of a patient for medical marijuana treatment by a 13
qualified physician; providing for certain patients 14
registered with the medical marijuana use registry to 15
be deemed qualified; requiring the Department of 16
Health to monitor physician registration and 17
certifications in the medical marijuana use registry; 18
requiring the Board of Medicine and the Board of 19
Osteopathic Medicine to create a physician 20
certification pattern review panel; providing 21
rulemaking authority to the department and the boards; 22
requiring the department to establish a medical 23
marijuana use registry; specifying entities and 24
persons who have access to the registry; providing 25
requirements for registration of, and maintenance of 26
registered status by, qualified patients and 27
caregivers; providing criteria for nonresidents to 28
prove residency for registration as a qualified 29
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patient; defining the term “seasonal resident”; 30
authorizing the department to suspend or revoke the 31
registration of a patient or caregiver under certain 32
circumstances; providing requirements for the issuance 33
of medical marijuana use registry identification 34
cards; requiring the department to issue licenses to a 35
certain number of medical marijuana treatment centers; 36
providing for license renewal and revocation; 37
providing conditions for change of ownership; 38
providing for continuance of certain entities 39
authorized to dispense low-THC cannabis, medical 40
cannabis, and cannabis delivery devices; requiring a 41
medical marijuana treatment center to comply with 42
certain standards in the production and distribution 43
of edibles; requiring the department to establish, 44
maintain, and control a computer seed-to-sale 45
marijuana tracking system; requiring background 46
screening of owners, officers, board members, and 47
managers of medical marijuana treatment centers; 48
requiring the department to establish protocols and 49
procedures for operation, conduct periodic 50
inspections, and restrict location of medical 51
marijuana treatment centers; providing a limit on 52
county and municipal permit fees; authorizing counties 53
and municipalities to determine the location of 54
medical marijuana treatment centers by ordinance under 55
certain conditions; providing penalties; authorizing 56
the department to impose sanctions on persons or 57
entities engaging in unlicensed activities; providing 58
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that a person is not exempt from prosecution for 59
certain offenses and is not relieved from certain 60
requirements of law under certain circumstances; 61
providing for certain school personnel to possess 62
marijuana pursuant to certain established policies and 63
procedures; providing that certain research 64
institutions may possess, test, transport, and dispose 65
of marijuana subject to certain conditions; providing 66
applicability; amending ss. 458.331 and 459.015, F.S.; 67
providing additional acts by a physician or an 68
osteopathic physician which constitute grounds for 69
denial of a license or disciplinary action to which 70
penalties apply; creating s. 381.988, F.S.; providing 71
for the establishment of medical marijuana testing 72
laboratories; requiring the Department of Health, in 73
collaboration with the Department of Agriculture and 74
Consumer Services and the Department of Environmental 75
Protection, to develop certification standards and 76
rules; providing limitations on the acquisition and 77
distribution of marijuana by a testing laboratory; 78
providing an exception for transfer of marijuana under 79
certain conditions; requiring a testing laboratory to 80
use a department-selected computer tracking system; 81
providing grounds for disciplinary and administrative 82
action; authorizing the department to refuse to issue 83
or renew, or suspend or revoke, a testing laboratory 84
license; creating s. 381.989, F.S.; defining terms; 85
directing the department and the Department of Highway 86
Safety and Motor Vehicles to institute public 87
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education campaigns relating to cannabis and marijuana 88
and impaired driving; requiring evaluations of public 89
education campaigns; authorizing the department and 90
the Department of Highway Safety and Motor Vehicles to 91
contract with vendors to implement and evaluate the 92
campaigns; amending ss. 385.211, 499.0295, and 893.02, 93
F.S.; conforming provisions to changes made by the 94
act; creating s. 1004.4351, F.S.; providing a short 95
title; providing legislative findings; defining terms; 96
establishing the Coalition for Medical Marijuana 97
Research and Education within the H. Lee Moffitt 98
Cancer Center and Research Institute, Inc.; providing 99
a purpose for the coalition; establishing the Medical 100
Marijuana Research and Education Board to direct the 101
operations of the coalition; providing for the 102
appointment of board members; providing for terms of 103
office, reimbursement for certain expenses, and 104
meetings of the board; authorizing the board to 105
appoint a coalition director; prescribing the duties 106
of the coalition director; requiring the board to 107
advise specified entities and officials regarding 108
medical marijuana research and education in this 109
state; requiring the board to annually adopt a Medical 110
Marijuana Research and Education Plan; providing 111
requirements for the plan; requiring the board to 112
issue an annual report to the Governor and the 113
Legislature by a specified date; requiring the 114
Department of Health to submit reports to the board 115
containing specified data; specifying responsibilities 116
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of the H. Lee Moffitt Cancer Center and Research 117
Institute, Inc.; amending s. 1004.441, F.S.; revising 118
definition; amending s. 1006.062, F.S.; requiring 119
district school boards to adopt policies and 120
procedures for access to medical marijuana by 121
qualified patients who are students; providing 122
emergency rulemaking authority; providing for venue 123
for a cause of action against the department; 124
providing for defense against certain causes of 125
action; directing the Department of Law Enforcement to 126
develop training for law enforcement officers and 127
agencies; amending s. 385.212, F.S.; renaming the 128
department’s Office of Compassionate Use; providing 129
severability; providing a directive to the Division of 130
Law Revision and Information; providing 131
appropriations; providing an effective date. 132
133
Be It Enacted by the Legislature of the State of Florida: 134
135
Section 1. Legislative intent.—It is the intent of the 136
Legislature to implement s. 29, Article X of the State 137
Constitution by creating a unified regulatory structure. If s. 138
29, Article X of the State Constitution is amended or a 139
constitutional amendment related to cannabis or marijuana is 140
adopted, this act shall expire 6 months after the effective date 141
of such amendment. 142
Section 2. Present paragraph (l) of subsection (2) of 143
section 212.08, Florida Statutes, is redesignated as paragraph 144
(m), and a new paragraph (l) is added to that subsection, to 145
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read: 146
212.08 Sales, rental, use, consumption, distribution, and 147
storage tax; specified exemptions.—The sale at retail, the 148
rental, the use, the consumption, the distribution, and the 149
storage to be used or consumed in this state of the following 150
are hereby specifically exempt from the tax imposed by this 151
chapter. 152
(2) EXEMPTIONS; MEDICAL.— 153
(l) Marijuana and marijuana delivery devices, as defined in 154
s. 381.986, are exempt from the taxes imposed under this 155
chapter. 156
Section 3. Section 381.986, Florida Statutes, is amended to 157
read: 158
(Substantial rewording of section. See 159
s. 381.986, F.S., for present text.) 160
381.986 Medical use of marijuana.— 161
(1) DEFINITIONS.—As used in this section, the term: 162
(a) “Caregiver” means a resident of this state who has 163
agreed to assist with a qualified patient’s medical use of 164
marijuana, has a caregiver identification card, and meets the 165
requirements of subsection (6). 166
(b) “Chronic nonmalignant pain” means pain that is caused 167
by a qualifying medical condition or that originates from a 168
qualifying medical condition and persists beyond the usual 169
course of that qualifying medical condition. 170
(c) “Close relative” means a spouse, parent, sibling, 171
grandparent, child, or grandchild, whether related by whole or 172
half blood, by marriage, or by adoption. 173
(d) “Edibles” means commercially produced food items made 174
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with marijuana oil, but no other form of marijuana, that are 175
produced and dispensed by a medical marijuana treatment center. 176
(e) “Low-THC cannabis” means a plant of the genus Cannabis, 177
the dried flowers of which contain 0.8 percent or less of 178
tetrahydrocannabinol and more than 10 percent of cannabidiol 179
weight for weight; the seeds thereof; the resin extracted from 180
any part of such plant; or any compound, manufacture, salt, 181
derivative, mixture, or preparation of such plant or its seeds 182
or resin that is dispensed from a medical marijuana treatment 183
center. 184
(f) “Marijuana” means all parts of any plant of the genus 185
Cannabis, whether growing or not; the seeds thereof; the resin 186
extracted from any part of the plant; and every compound, 187
manufacture, salt, derivative, mixture, or preparation of the 188
plant or its seeds or resin, including low-THC cannabis, which 189
are dispensed from a medical marijuana treatment center for 190
medical use by a qualified patient. 191
(g) “Marijuana delivery device” means an object used, 192
intended for use, or designed for use in preparing, storing, 193
ingesting, inhaling, or otherwise introducing marijuana into the 194
human body, and which is dispensed from a medical marijuana 195
treatment center for medical use by a qualified patient. 196
(h) “Marijuana testing laboratory” means a facility that 197
collects and analyzes marijuana samples from a medical marijuana 198
treatment center and has been certified by the department 199
pursuant to s. 381.988. 200
(i) “Medical director” means a person who holds an active, 201
unrestricted license as an allopathic physician under chapter 202
458 or osteopathic physician under chapter 459 and is in 203
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compliance with the requirements of paragraph (3)(c). 204
(j) “Medical use” means the acquisition, possession, use, 205
delivery, transfer, or administration of marijuana authorized by 206
a physician certification. The term does not include: 207
1. Possession, use, or administration of marijuana that was 208
not purchased or acquired from a medical marijuana treatment 209
center. 210
2. Possession, use, or administration of marijuana in a 211
form for smoking, in the form of commercially produced food 212
items other than edibles, or of marijuana seeds or flower, 213
except for flower in a sealed, tamper-proof receptacle for 214
vaping. 215
3. Use or administration of any form or amount of marijuana 216
in a manner that is inconsistent with the qualified physician’s 217
directions or physician certification. 218
4. Transfer of marijuana to a person other than the 219
qualified patient for whom it was authorized or the qualified 220
patient’s caregiver on behalf of the qualified patient. 221
5. Use or administration of marijuana in the following 222
locations: 223
a. On any form of public transportation, except for low-THC 224
cannabis. 225
b. In any public place, except for low-THC cannabis. 226
c. In a qualified patient’s place of employment, except 227
when permitted by his or her employer. 228
d. In a state correctional institution, as defined in s. 229
944.02, or a correctional institution, as defined in s. 944.241. 230
e. On the grounds of a preschool, primary school, or 231
secondary school, except as provided in s. 1006.062. 232
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f. In a school bus, a vehicle, an aircraft, or a motorboat, 233
except for low-THC cannabis. 234
(k) “Physician certification” means a qualified physician’s 235
authorization for a qualified patient to receive marijuana and a 236
marijuana delivery device from a medical marijuana treatment 237
center. 238
(l) “Qualified patient” means a resident of this state who 239
has been added to the medical marijuana use registry by a 240
qualified physician to receive marijuana or a marijuana delivery 241
device for a medical use and who has a qualified patient 242
identification card. 243
(m) “Qualified physician” means a person who holds an 244
active, unrestricted license as an allopathic physician under 245
chapter 458 or as an osteopathic physician under chapter 459 and 246
is in compliance with the physician education requirements of 247
subsection (3). 248
(n) “Smoking” means burning or igniting a substance and 249
inhaling the smoke. 250
(o) “Terminal condition” means a progressive disease or 251
medical or surgical condition that causes significant functional 252
impairment, is not considered by a treating physician to be 253
reversible without the administration of life-sustaining 254
procedures, and will result in death within 1 year after 255
diagnosis if the condition runs its normal course. 256
(2) QUALIFYING MEDICAL CONDITIONS.—A patient must be 257
diagnosed with at least one of the following conditions to 258
qualify to receive marijuana or a marijuana delivery device: 259
(a) Cancer. 260
(b) Epilepsy. 261
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(c) Glaucoma. 262
(d) Positive status for human immunodeficiency virus. 263
(e) Acquired immune deficiency syndrome. 264
(f) Post-traumatic stress disorder. 265
(g) Amyotrophic lateral sclerosis. 266
(h) Crohn’s disease. 267
(i) Parkinson’s disease. 268
(j) Multiple sclerosis. 269
(k) Medical conditions of the same kind or class as or 270
comparable to those enumerated in paragraphs (a)-(j). 271
(l) A terminal condition diagnosed by a physician other 272
than the qualified physician issuing the physician 273
certification. 274
(m) Chronic nonmalignant pain. 275
(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.— 276
(a) Before being approved as a qualified physician, as 277
defined in paragraph (1)(m), and before each license renewal, a 278
physician must successfully complete a 2-hour course and 279
subsequent examination offered by the Florida Medical 280
Association or the Florida Osteopathic Medical Association which 281
encompass the requirements of this section and any rules adopted 282
hereunder. The course and examination shall be administered at 283
least annually and may be offered in a distance learning format, 284
including an electronic, online format that is available upon 285
request. The price of the course may not exceed $500. A 286
physician who has met the physician education requirements of 287
former s. 381.986(4), Florida Statutes 2016, before the 288
effective date of this section, shall be deemed to be in 289
compliance with this paragraph from the effective date of this 290
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act until 90 days after the course and examination required by 291
this paragraph become available. 292
(b) A qualified physician may not be employed by, or have 293
any direct or indirect economic interest in, a medical marijuana 294
treatment center or marijuana testing laboratory. 295
(c) Before being employed as a medical director, as defined 296
in paragraph (1)(i), and before each license renewal, a medical 297
director must successfully complete a 2-hour course and 298
subsequent examination offered by the Florida Medical 299
Association or the Florida Osteopathic Medical Association which 300
encompass the requirements of this section and any rules adopted 301
hereunder. The course and examination shall be administered at 302
least annually and may be offered in a distance learning format, 303
including an electronic, online format that is available upon 304
request. The price of the course may not exceed $500. 305
(4) PHYSICIAN CERTIFICATION.— 306
(a) A qualified physician may issue a physician 307
certification only if the qualified physician: 308
1. Conducted a physical examination while physically 309
present in the same room as the patient and a full assessment of 310
the medical history of the patient. 311
2. Diagnosed the patient with at least one qualifying 312
medical condition. 313
3. Determined that the medical use of marijuana would 314
likely outweigh the potential health risks for the patient, and 315
such determination must be documented in the patient’s medical 316
record. If a patient is younger than 18 years of age, a second 317
physician must concur with this determination, and such 318
concurrence must be documented in the patient’s medical record. 319
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4. Determined whether the patient is pregnant and 320
documented such determination in the patient’s medical record. A 321
physician may not issue a physician certification, except for 322
low-THC cannabis, to a patient who is pregnant. 323
5. Reviewed the patient’s controlled drug prescription 324
history in the prescription drug monitoring program database 325
established pursuant to s. 893.055. 326
6. Reviews the medical marijuana use registry and confirmed 327
that the patient does not have an active physician certification 328
from another qualified physician. 329
7. Registers as the issuer of the physician certification 330
for the named qualified patient on the medical marijuana use 331
registry in an electronic manner determined by the department, 332
and: 333
a. Enters into the registry the contents of the physician 334
certification, including the patient’s qualifying condition and 335
the dosage not to exceed the daily dose amount determined by the 336
department, the amount and forms of marijuana authorized for the 337
patient, and any types of marijuana delivery devices needed by 338
the patient for the medical use of marijuana. 339
b. Updates the registry within 7 days after any change is 340
made to the original physician certification to reflect such 341
change. 342
c. Deactivates the registration of the qualified patient 343
and the patient’s caregiver when the physician no longer 344
recommends the medical use of marijuana for the patient. 345
8. Obtains the voluntary and informed written consent of 346
the patient for medical use of marijuana each time the qualified 347
physician issues a physician certification for the patient, 348
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which shall be maintained in the patient’s medical record. The 349
patient, or the patient’s parent or legal guardian if the 350
patient is a minor, must sign the informed consent acknowledging 351
that the qualified physician has sufficiently explained its 352
content. The qualified physician must use a standardized 353
informed consent form adopted in rule by the Board of Medicine 354
and the Board of Osteopathic Medicine, which must include, at a 355
minimum, information related to: 356
a. The Federal Government’s classification of marijuana as 357
a Schedule I controlled substance. 358
b. The approval and oversight status of marijuana by the 359
Food and Drug Administration. 360
c. The current state of research on the efficacy of 361
marijuana to treat the qualifying conditions set forth in this 362
section. 363
d. The potential for addiction. 364
e. The potential effect that marijuana may have on a 365
patient’s coordination, motor skills, and cognition, including a 366
warning against operating heavy machinery, operating a motor 367
vehicle, or engaging in activities that require a person to be 368
alert or respond quickly. 369
f. The potential side effects of marijuana use. 370
g. The risks, benefits, and drug interactions of marijuana. 371
h. That the patient’s de-identified health information 372
contained in the physician certification and medical marijuana 373
use registry may be used for research purposes. 374
(b) If a qualified physician issues a physician 375
certification for a qualified patient diagnosed with a 376
qualifying medical condition pursuant to paragraph (2)(k), the 377
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physician must submit the following to the applicable board 378
within 14 days after issuing the physician certification: 379
1. Documentation supporting the qualified physician’s 380
opinion that the medical condition is of the same kind or class 381
as the conditions in paragraphs (2)(a)-(j). 382
2. Documentation that establishes the efficacy of marijuana 383
as treatment for the condition. 384
3. Documentation supporting the qualified physician’s 385
opinion that the benefits of medical use of marijuana would 386
likely outweigh the potential health risks for the patient. 387
4. Any other documentation as required by board rule. 388
389
The department must submit such documentation to the Coalition 390
for Medical Marijuana Research and Education established 391
pursuant to s. 1004.4351. 392
(c) A qualified physician may not issue a physician 393
certification for more than three 70-day supply limits of 394
marijuana. The department shall quantify by rule a daily dose 395
amount with equivalent dose amounts for each allowable form of 396
marijuana dispensed by a medical marijuana treatment center. The 397
department shall use the daily dose amount to calculate a 70-day 398
supply. 399
1. A qualified physician may request an exception to the 400
daily dose amount limit. The request shall be made 401
electronically on a form adopted by the department in rule and 402
must include, at a minimum: 403
a. The qualified patient’s qualifying medical condition. 404
b. The dosage and route of administration that was 405
insufficient to provide relief to the qualified patient. 406
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c. A description of how the patient will benefit from an 407
increased amount. 408
d. The minimum daily dose amount of marijuana that would be 409
sufficient for the treatment of the qualified patient’s 410
qualifying medical condition. 411
2. A qualified physician must provide the qualified 412
patient’s records upon the request of the department. 413
3. The department shall approve or disapprove the request 414
within 14 days after receipt of the complete documentation 415
required by this paragraph. The request shall be deemed approved 416
if the department fails to act within this time period. 417
(d) A qualified physician must evaluate an existing 418
qualified patient at least once every 30 weeks before issuing a 419
new physician certification. A physician must: 420
1. Determine if the patient still meets the requirements to 421
be issued a physician certification under paragraph (a). 422
2. Identify and document in the qualified patient’s medical 423
records whether the qualified patient experienced either of the 424
following related to the medical use of marijuana: 425
a. An adverse drug interaction with any prescription or 426
nonprescription medication; or 427
b. A reduction in the use of, or dependence on, other types 428
of controlled substances as defined in s. 893.02. 429
3. Submit a report with the findings required pursuant to 430
subparagraph 2. to the department. The department shall submit 431
such reports to the Coalition for Medical Marijuana Research and 432
Education established pursuant to s. 1004.4351. 433
(e) An active order for low-THC cannabis or medical 434
cannabis issued pursuant to former s. 381.986, Florida Statutes 435
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2016, and registered with the compassionate use registry before 436
the effective date of this section, is deemed a physician 437
certification, and all patients possessing such orders are 438
deemed qualified patients until the department begins issuing 439
medical marijuana use registry identification cards. 440
(f) The department shall monitor physician registration in 441
the medical marijuana use registry and the issuance of physician 442
certifications for practices that could facilitate unlawful 443
diversion or misuse of marijuana or a marijuana delivery device 444
and shall take disciplinary action as appropriate. 445
(g) The Board of Medicine and the Board of Osteopathic 446
Medicine shall jointly create a physician certification pattern 447
review panel that shall review all physician certifications 448
submitted to the medical marijuana use registry. The panel shall 449
track and report the number of physician certifications and the 450
qualifying medical conditions, dosage, supply amount, and form 451
of marijuana certified. The panel shall report the data both by 452
individual qualified physician and in the aggregate, by county, 453
and statewide. The physician certification pattern review panel 454
shall, beginning January 1, 2018, submit an annual report of its 455
findings and recommendations to the Governor, the President of 456
the Senate, and the Speaker of the House of Representatives. 457
(h) The department, the Board of Medicine, and the Board of 458
Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1) 459
and 120.54 to implement this subsection. 460
(5) MEDICAL MARIJUANA USE REGISTRY.— 461
(a) The department shall create and maintain a secure, 462
electronic, and online medical marijuana use registry for 463
physicians, patients, and caregivers as provided under this 464
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section. The medical marijuana use registry must be accessible 465
to law enforcement agencies, qualified physicians, and medical 466
marijuana treatment centers to verify the authorization of a 467
qualified patient or a caregiver to possess marijuana or a 468
marijuana delivery device and record the marijuana or marijuana 469
delivery device dispensed. The medical marijuana use registry 470
must also be accessible to practitioners licensed to prescribe 471
prescription drugs to ensure proper care for patients before 472
medications that may interact with the medical use of marijuana 473
are prescribed. The medical marijuana use registry must prevent 474
an active registration of a qualified patient by multiple 475
physicians. 476
(b) The department shall determine whether an individual is 477
a resident of this state for the purpose of registration of 478
qualified patients and caregivers in the medical marijuana use 479
registry. To prove residency: 480
1. An adult resident must provide the department with a 481
copy of his or her valid Florida driver license issued under s. 482
322.18 or a copy of a valid Florida identification card issued 483
under s. 322.051. 484
2. An adult seasonal resident who cannot meet the 485
requirements of subparagraph 1. may provide the department with 486
a copy of two of the following that show proof of residential 487
address: 488
a. A deed, mortgage, monthly mortgage statement, mortgage 489
payment booklet or residential rental or lease agreement. 490
b. One proof of residential address from the seasonal 491
resident’s parent, step-parent, legal guardian or other person 492
with whom the seasonal resident resides and a statement from the 493
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person with whom the seasonal resident resides stating that the 494
seasonal resident does reside with him or her. 495
c. A utility hookup or work order dated within 60 days 496
before registration in the medical use registry. 497
d. A utility bill, not more than 2 months old. 498
e. Mail from a financial institution, including checking, 499
savings, or investment account statements, not more than 2 500
months old. 501
f. Mail from a federal, state, county, or municipal 502
government agency, not more than 2 months old. 503
g. Any other documentation that provides proof of 504
residential address as determined by department rule. 505
3. A minor must provide the department with a certified 506
copy of a birth certificate or a current record of registration 507
from a Florida K-12 school and must have a parent or legal 508
guardian who meets the requirements of subparagraph 1. 509
510
For the purposes of this paragraph, the term “seasonal resident” 511
means any person who temporarily resides in this state for a 512
period of at least 31 consecutive days in each calendar year, 513
maintains a temporary residence in this state, returns to the 514
state or jurisdiction of his or her residence at least one time 515
during each calendar year, and is registered to vote or pays 516
income tax in another state or jurisdiction. 517
(c) The department may suspend or revoke the registration 518
of a qualified patient or caregiver if the qualified patient or 519
caregiver: 520
1. Provides misleading, incorrect, false, or fraudulent 521
information to the department; 522
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2. Obtains a supply of marijuana in an amount greater than 523
the amount authorized by the physician certification; 524
3. Falsifies, alters, or otherwise modifies an 525
identification card; 526
4. Fails to timely notify the department of any changes to 527
his or her qualified patient status; or 528
5. Violates the requirements of this section or any rule 529
adopted under this section. 530
(d) The department shall immediately suspend the 531
registration of a qualified patient charged with a violation of 532
chapter 893 until final disposition of any alleged offense. 533
Thereafter, the department may extend the suspension, revoke the 534
registration, or reinstate the registration. 535
(e) The department shall immediately suspend the 536
registration of any caregiver charged with a violation of 537
chapter 893 until final disposition of any alleged offense. The 538
department shall revoke a caregiver registration if the 539
caregiver does not meet the requirements of subparagraph 540
(6)(b)6. 541
(f) The department may revoke the registration of a 542
qualified patient or caregiver who cultivates marijuana or who 543
acquires, possesses, or delivers marijuana from any person or 544
entity other than a medical marijuana treatment center. 545
(g) The department shall revoke the registration of a 546
qualified patient, and the patient’s associated caregiver, upon 547
notification that the patient no longer meets the criteria of a 548
qualified patient. 549
(h) The department may adopt rules pursuant to ss. 550
120.536(1) and 120.54 to implement this subsection. 551
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(6) CAREGIVERS.— 552
(a) The department must register an individual as a 553
caregiver on the medical marijuana use registry and issue a 554
caregiver identification card if an individual designated by a 555
qualified patient meets all of the requirements of this 556
subsection and department rule. 557
(b) A caregiver must: 558
1. Not be a qualified physician and not be employed by or 559
have an economic interest in a medical marijuana treatment 560
center or a marijuana testing laboratory. 561
2. Be 21 years of age or older and a resident of this 562
state. 563
3. Agree in writing to assist with the qualified patient’s 564
medical use of marijuana. 565
4. Be registered in the medical marijuana use registry as a 566
caregiver for no more than one qualified patient, except as 567
provided in this paragraph. 568
5. Successfully complete a caregiver certification course 569
developed and administered by the department or its designee, 570
which must be renewed biennially. The price of the course may 571
not exceed $100. 572
6. Pass a background screening pursuant to subsection (9), 573
unless the patient is a close relative of the caregiver. 574
(c) A qualified patient may designate no more than one 575
caregiver to assist with the qualified patient’s medical use of 576
marijuana, unless: 577
1. The qualified patient is a minor and the designated 578
caregivers are parents or legal guardians of the qualified 579
patient; 580
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2. The qualified patient is an adult who has an 581
intellectual or developmental disability that prevents the 582
patient from being able to protect or care for himself or 583
herself without assistance or supervision and the designated 584
caregivers are the parents or legal guardians of the qualified 585
patient; or 586
3. The qualified patient is admitted to a hospice program. 587
(d) A caregiver may be registered in the medical marijuana 588
use registry as a designated caregiver for no more than one 589
qualified patient, unless: 590
1. The caregiver is a parent or legal guardian of more than 591
one minor who is a qualified patient; 592
2. The caregiver is a parent or legal guardian of more than 593
one adult who is a qualified patient and who has an intellectual 594
or developmental disability that prevents the patient from being 595
able to protect or care for himself or herself without 596
assistance or supervision; or 597
3. All qualified patients the caregiver has agreed to 598
assist are admitted to a hospice program and have requested the 599
assistance of that caregiver with the medical use of marijuana; 600
the caregiver is an employee of the hospice; and the caregiver 601
provides personal care or other services directly to clients of 602
the hospice in the scope of that employment. 603
(e) A caregiver may not receive compensation, other than 604
actual expenses incurred, for any services provided to the 605
qualified patient. 606
(f) If a qualified patient is younger than 18 years of age, 607
only a caregiver may purchase or administer marijuana for 608
medical use by the qualified patient. The qualified patient may 609
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not purchase marijuana. 610
(g) A caregiver must be in immediate possession of his or 611
her medical marijuana use registry identification card at all 612
times when in possession of marijuana or a marijuana delivery 613
device and must present his or her medical marijuana use 614
registry identification card upon the request of a law 615
enforcement officer. 616
(h) The department may adopt rules pursuant to ss. 617
120.536(1) and 120.54 to implement this subsection. 618
(7) IDENTIFICATION CARDS.— 619
(a) The department shall issue medical marijuana use 620
registry identification cards for qualified patients and 621
caregivers who are residents of this state, which must be 622
renewed annually. The identification cards must be resistant to 623
counterfeiting and tampering and must include, at a minimum, the 624
following: 625
1. The name, address, and date of birth of the qualified 626
patient or caregiver. 627
2. A full-face, passport-type, color photograph of the 628
qualified patient or caregiver taken within the 90 days 629
immediately preceding registration or the Florida driver license 630
or Florida identification card photograph of the qualified 631
patient or caregiver obtained directly from the Department of 632
Highway Safety and Motor Vehicles. 633
3. Identification as a qualified patient or a caregiver. 634
4. The unique numeric identifier used for the qualified 635
patient in the medical marijuana use registry. 636
5. For a caregiver, the name and unique numeric identifier 637
of the caregiver and the qualified patient or patients that the 638
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caregiver is assisting. 639
6. The expiration date of the identification card. 640
(b) The department must receive written consent from a 641
qualified patient’s parent or legal guardian before it may issue 642
an identification card to a qualified patient who is a minor. 643
(c) The department shall adopt rules pursuant to ss. 644
120.536(1) and 120.54 establishing procedures for the issuance, 645
renewal, suspension, replacement, surrender, and revocation of 646
medical marijuana use registry identification cards pursuant to 647
this section and shall begin issuing qualified patient 648
identification cards by October 3, 2017. 649
(d) Applications for identification cards must be submitted 650
on a form prescribed by the department. The department may 651
charge a reasonable fee associated with the issuance, 652
replacement, and renewal of identification cards. The department 653
shall allocate $10 of the identification card fee to the 654
Division of Research at Florida Agricultural and Mechanical 655
University for the purpose of educating minorities about 656
marijuana for medical use and the impact of the unlawful use of 657
marijuana on minority communities. The department shall contract 658
with a third-party vendor to issue identification cards. The 659
vendor selected by the department must have experience 660
performing similar functions for other state agencies. 661
(e) A qualified patient or caregiver shall return his or 662
her identification card to the department within 5 business days 663
after revocation. 664
(8) MEDICAL MARIJUANA TREATMENT CENTERS.— 665
(a) The department shall license medical marijuana 666
treatment centers to ensure reasonable statewide accessibility 667
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and availability as necessary for qualified patients registered 668
in the medical marijuana use registry and who are issued a 669
physician certification under this section. 670
1. As soon as practicable, but no later than July 3, 2017, 671
the department shall license as a medical marijuana treatment 672
center any entity that holds an active, unrestricted license to 673
cultivate, process, transport, and dispense low-THC cannabis, 674
medical cannabis, and cannabis delivery devices, under former s. 675
381.986, Florida Statutes 2016, before July 1, 2017, and which 676
meets the requirements of this section. In addition to the 677
authority granted under this section, these entities are 678
authorized to dispense low-THC cannabis, medical cannabis, and 679
cannabis delivery devices ordered pursuant to former s. 381.986, 680
Florida Statutes 2016, which were entered into the compassionate 681
use registry before July 1, 2017, and are authorized to begin 682
dispensing marijuana under this section on July 3, 2017. The 683
department may grant variances from the representations made in 684
such an entity’s original application for approval under former 685
s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 686
2. The department shall license as medical marijuana 687
treatment centers 10 applicants that meet the requirements of 688
this section, under the following parameters: 689
a. As soon as practicable, but no later than August 1, 690
2017, the department shall license any applicant whose 691
application was reviewed, evaluated, and scored by the 692
department and which was denied a dispensing organization 693
license by the department under former s. 381.986, Florida 694
Statutes 2014; which had one or more administrative or judicial 695
challenges pending as of January 1, 2017, or had a final ranking 696
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within one point of the highest final ranking in its region 697
under former s. 381.986, Florida Statutes 2014; which meets the 698
requirements of this section; and which provides documentation 699
to the department that it has the existing infrastructure and 700
technical and technological ability to begin cultivating 701
marijuana within 30 days after registration as a medical 702
marijuana treatment center. 703
b. As soon as practicable, but no later than October 3, 704
2017, the department shall license one applicant that is a 705
recognized class member of Pigford v. Glickman, 185 F.R.D. 82 706
(D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 707
(D.D.C. 2011) and is a member of the Black Farmers and 708
Agriculturalists Association-Florida Chapter. An applicant 709
licensed under this sub-subparagraph is exempt from the 710
requirements of subparagraphs (b)1. and (b)2. 711
c. As soon as practicable, but no later than October 3, 712
2017, the department shall license applicants that meet the 713
requirements of this section in sufficient numbers to result in 714
10 total licenses issued under this subparagraph, while 715
accounting for the number of licenses issued under sub-716
subparagraphs a. and b. 717
3. For up to two of the licenses issued under subparagraph 718
2., the department shall give preference to applicants that 719
demonstrate in their applications that they own one or more 720
facilities that are, or were, used for the canning, 721
concentrating, or otherwise processing of citrus fruit or citrus 722
molasses and will use or convert the facility or facilities for 723
the processing of marijuana. 724
4. Within 6 months after the registration of 100,000 active 725
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qualified patients in the medical marijuana use registry, the 726
department shall license four additional medical marijuana 727
treatment centers that meet the requirements of this section. 728
Thereafter, the department shall license four medical marijuana 729
treatment centers within 6 months after the registration of each 730
additional 100,000 active qualified patients in the medical 731
marijuana use registry that meet the requirements of this 732
section. 733
5. Dispensing facilities are subject to the following 734
requirements: 735
a. A medical marijuana treatment center may not establish 736
or operate more than a statewide maximum of 25 dispensing 737
facilities, unless the medical marijuana use registry reaches a 738
total of 100,000 active registered qualified patients. When the 739
medical marijuana use registry reaches 100,000 active registered 740
qualified patients, and then upon each further instance of the 741
total active registered qualified patients increasing by 742
100,000, the statewide maximum number of dispensing facilities 743
that each licensed medical marijuana treatment center may 744
establish and operate increases by five. 745
b. A medical marijuana treatment center may not establish 746
more than the maximum number of dispensing facilities allowed in 747
each of the Northwest, Northeast, Central, Southwest, and 748
Southeast Regions. The department shall determine a medical 749
marijuana treatment center’s maximum number of dispensing 750
facilities allowed in each region by calculating the percentage 751
of the total statewide population contained within that region 752
and multiplying that percentage by the medical marijuana 753
treatment center’s statewide maximum number of dispensing 754
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facilities established under sub-subparagraph a., rounded to the 755
nearest whole number. The department shall ensure that such 756
rounding does not cause a medical marijuana treatment center’s 757
total number of statewide dispensing facilities to exceed its 758
statewide maximum. The department shall initially calculate the 759
maximum number of dispensing facilities allowed in each region 760
for each medical marijuana treatment center using county 761
population estimates from the Florida Estimates of Population 762
2016, as published by the Office of Economic and Demographic 763
Research, and shall perform recalculations following the 764
official release of county population data resulting from each 765
United States Decennial Census. For the purposes of this 766
subparagraph: 767
(I) The Northwest Region consists of Bay, Calhoun, 768
Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, 769
Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, 770
Walton, and Washington Counties. 771
(II) The Northeast Region consists of Alachua, Baker, 772
Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, 773
Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, 774
Suwannee, and Union Counties. 775
(III) The Central Region consists of Brevard, Citrus, 776
Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, 777
Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia 778
Counties. 779
(IV) The Southwest Region consists of Charlotte, Collier, 780
DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, 781
Okeechobee, and Sarasota Counties. 782
(V) The Southeast Region consists of Broward, Miami-Dade, 783
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Martin, Monroe, and Palm Beach Counties. 784
c. If a medical marijuana treatment center establishes a 785
number of dispensing facilities within a region that is less 786
than the number allowed for that region under sub-subparagraph 787
b., the medical marijuana treatment center may sell one or more 788
of its unused dispensing facility slots to other licensed 789
medical marijuana treatment centers. For each dispensing 790
facility slot that a medical marijuana treatment center sells, 791
that medical marijuana treatment center’s statewide maximum 792
number of dispensing facilities, as determined under sub-793
subparagraph a., is reduced by one. The statewide maximum number 794
of dispensing facilities for a medical marijuana treatment 795
center that purchases an unused dispensing facility slot is 796
increased by one per slot purchased. Additionally, the sale of a 797
dispensing facility slot shall reduce the seller’s regional 798
maximum and increase the purchaser’s regional maximum number of 799
dispensing facilities, as determined in sub-subparagraph b., by 800
one for that region. For any slot purchased under this sub-801
subparagraph, the regional restriction applied to that slot’s 802
location under sub-subparagraph b. before the purchase shall 803
remain in effect following the purchase. A medical marijuana 804
treatment center that sells or purchases a dispensing facility 805
slot must notify the department within 3 days of sale. 806
d. This subparagraph shall expire on April 1, 2020. 807
808
If this subparagraph or its application to any person or 809
circumstance is held invalid, the invalidity does not affect 810
other provisions or applications of this act which can be given 811
effect without the invalid provision or application, and to this 812
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end, the provisions of this subparagraph are severable. 813
(b) An applicant for licensure as a medical marijuana 814
treatment center shall apply to the department on a form 815
prescribed by the department and adopted in rule. The department 816
shall adopt rules pursuant to ss. 120.536(1) and 120.54 817
establishing a procedure for the issuance and biennial renewal 818
of licenses, including initial application and biennial renewal 819
fees sufficient to cover the costs of implementing and 820
administering this section, and establishing supplemental 821
licensure fees for payment beginning May 1, 2018, sufficient to 822
cover the costs of administering ss. 381.989 and 1004.4351. The 823
department shall identify applicants with strong diversity plans 824
reflecting this state’s commitment to diversity and implement 825
training programs and other educational programs to enable 826
minority persons and minority business enterprises, as defined 827
in s. 288.703, and veteran business enterprises, as defined in 828
s. 295.187, to compete for medical marijuana treatment center 829
licensure and contracts. Subject to the requirements in 830
subparagraphs (a)2.-4., the department shall issue a license to 831
an applicant if the applicant meets the requirements of this 832
section and pays the initial application fee. The department 833
shall renew the licensure of a medical marijuana treatment 834
center biennially if the licensee meets the requirements of this 835
section and pays the biennial renewal fee. An individual may not 836
be an applicant, owner, officer, board member, or manager on 837
more than one application for licensure as a medical marijuana 838
treatment center. An individual or entity may not be awarded 839
more than one license as a medical marijuana treatment center. 840
An applicant for licensure as a medical marijuana treatment 841
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center must demonstrate: 842
1. That, for the 5 consecutive years before submitting the 843
application, the applicant has been registered to do business in 844
in the state. 845
2. Possession of a valid certificate of registration issued 846
by the Department of Agriculture and Consumer Services pursuant 847
to s. 581.131. 848
3. The technical and technological ability to cultivate and 849
produce marijuana, including, but not limited to, low-THC 850
cannabis. 851
4. The ability to secure the premises, resources, and 852
personnel necessary to operate as a medical marijuana treatment 853
center. 854
5. The ability to maintain accountability of all raw 855
materials, finished products, and any byproducts to prevent 856
diversion or unlawful access to or possession of these 857
substances. 858
6. An infrastructure reasonably located to dispense 859
marijuana to registered qualified patients statewide or 860
regionally as determined by the department. 861
7. The financial ability to maintain operations for the 862
duration of the 2-year approval cycle, including the provision 863
of certified financial statements to the department. 864
a. Upon approval, the applicant must post a $5 million 865
performance bond issued by an authorized surety insurance 866
company rated in one of the three highest rating categories by a 867
nationally recognized rating service. However, a medical 868
marijuana treatment center serving at least 1,000 qualified 869
patients is only required to maintain a $2 million performance 870
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bond. 871
b. In lieu of the performance bond required under sub-872
subparagraph a., the applicant may provide an irrevocable letter 873
of credit payable to the department or provide cash to the 874
department. If provided with cash under this sub-subparagraph, 875
the department shall deposit the cash in the Grants and 876
Donations Trust Fund within the Department of Health, subject to 877
the same conditions as the bond regarding requirements for the 878
applicant to forfeit ownership of the funds. If the funds 879
deposited under this sub-subparagraph generate interest, the 880
amount of that interest shall be used by the department for the 881
administration of this section. 882
8. That all owners, officers, board members, and managers 883
have passed a background screening pursuant to subsection (9). 884
9. The employment of a medical director to supervise the 885
activities of the medical marijuana treatment center. 886
10. A diversity plan that promotes and ensures the 887
involvement of minority persons and minority business 888
enterprises, as defined in s. 288.703, or veteran business 889
enterprises, as defined in s. 295.187, in ownership, management, 890
and employment. An applicant for licensure renewal must show the 891
effectiveness of the diversity plan by including the following 892
with his or her application for renewal: 893
a. Representation of minority persons and veterans in the 894
medical marijuana treatment center’s workforce; 895
b. Efforts to recruit minority persons and veterans for 896
employment; and 897
c. A record of contracts for services with minority 898
business enterprises and veteran business enterprises. 899
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(c) A medical marijuana treatment center may not make a 900
wholesale purchase of marijuana from, or a distribution of 901
marijuana to, another medical marijuana treatment center, unless 902
the medical marijuana treatment center seeking to make a 903
wholesale purchase of marijuana submits proof of harvest failure 904
to the department. 905
(d) The department shall establish, maintain, and control a 906
computer software tracking system that traces marijuana from 907
seed to sale and allows real-time, 24-hour access by the 908
department to data from all medical marijuana treatment centers 909
and marijuana testing laboratories. The tracking system must 910
allow for integration of other seed-to-sale systems and, at a 911
minimum, include notification of when marijuana seeds are 912
planted, when marijuana plants are harvested and destroyed, and 913
when marijuana is transported, sold, stolen, diverted, or lost. 914
Each medical marijuana treatment center shall use the seed-to-915
sale tracking system established by the department or integrate 916
its own seed-to-sale tracking system with the seed-to-sale 917
tracking system established by the department. Each medical 918
marijuana treatment center may use its own seed-to-sale system 919
until the department establishes a seed-to-sale tracking system. 920
The department may contract with a vendor to establish the seed-921
to-sale tracking system. The vendor selected by the department 922
may not have a contractual relationship with the department to 923
perform any services pursuant to this section other than the 924
seed-to-sale tracking system. The vendor may not have a direct 925
or indirect financial interest in a medical marijuana treatment 926
center or a marijuana testing laboratory. 927
(e) A licensed medical marijuana treatment center shall 928
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cultivate, process, transport, and dispense marijuana for 929
medical use. A licensed medical marijuana treatment center may 930
not contract for services directly related to the cultivation, 931
processing, and dispensing of marijuana or marijuana delivery 932
devices, except that a medical marijuana treatment center 933
licensed pursuant to subparagraph (a)1. may contract with a 934
single entity for the cultivation, processing, transporting, and 935
dispensing of marijuana and marijuana delivery devices. A 936
licensed medical marijuana treatment center must, at all times, 937
maintain compliance with the criteria demonstrated and 938
representations made in the initial application and the criteria 939
established in this subsection. Upon request, the department may 940
grant a medical marijuana treatment center a variance from the 941
representations made in the initial application. Consideration 942
of such a request shall be based upon the individual facts and 943
circumstances surrounding the request. A variance may not be 944
granted unless the requesting medical marijuana treatment center 945
can demonstrate to the department that it has a proposed 946
alternative to the specific representation made in its 947
application which fulfills the same or a similar purpose as the 948
specific representation in a way that the department can 949
reasonably determine will not be a lower standard than the 950
specific representation in the application. A variance may not 951
be granted from the requirements in subparagraph 2. and 952
subparagraphs (b)1. and 2. 953
1. A licensed medical marijuana treatment center may 954
transfer ownership to an individual or entity who meets the 955
requirements of this section. A publicly traded corporation or 956
publicly traded company that meets the requirements of this 957
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section is not precluded from ownership of a medical marijuana 958
treatment center. To accommodate a change in ownership: 959
a. The licensed medical marijuana treatment center shall 960
notify the department in writing at least 60 days before the 961
anticipated date of the change of ownership. 962
b. The individual or entity applying for initial licensure 963
due to a change of ownership must submit an application that 964
must be received by the department at least 60 days before the 965
date of change of ownership. 966
c. Upon receipt of an application for a license, the 967
department shall examine the application and, within 30 days 968
after receipt, notify the applicant in writing of any apparent 969
errors or omissions and request any additional information 970
required. 971
d. Requested information omitted from an application for 972
licensure must be filed with the department within 21 days after 973
the department’s request for omitted information or the 974
application shall be deemed incomplete and shall be withdrawn 975
from further consideration and the fees shall be forfeited. 976
977
Within 30 days after the receipt of a complete application, the 978
department shall approve or deny the application. 979
2. A medical marijuana treatment center, and any individual 980
or entity who directly or indirectly owns, controls, or holds 981
with power to vote 5 percent or more of the voting shares of a 982
medical marijuana treatment center, may not acquire direct or 983
indirect ownership or control of any voting shares or other form 984
of ownership of any other medical marijuana treatment center. 985
3. A medical marijuana treatment center may not enter into 986
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any form of profit-sharing arrangement with the property owner 987
or lessor of any of its facilities where cultivation, 988
processing, storing, or dispensing of marijuana and marijuana 989
delivery devices occurs. 990
4. All employees of a medical marijuana treatment center 991
must be 21 years of age or older and have passed a background 992
screening pursuant to subsection (9). 993
5. Each medical marijuana treatment center must adopt and 994
enforce policies and procedures to ensure employees and 995
volunteers receive training on the legal requirements to 996
dispense marijuana to qualified patients. 997
6. When growing marijuana, a medical marijuana treatment 998
center: 999
a. May use pesticides determined by the department, after 1000
consultation with the Department of Agriculture and Consumer 1001
Services, to be safely applied to plants intended for human 1002
consumption, but may not use pesticides designated as 1003
restricted-use pesticides pursuant to s. 487.042. 1004
b. Must grow marijuana within an enclosed structure and in 1005
a room separate from any other plant. 1006
c. Must inspect seeds and growing plants for plant pests 1007
that endanger or threaten the horticultural and agricultural 1008
interests of the state in accordance with chapter 581 and any 1009
rules adopted thereunder. 1010
d. Must perform fumigation or treatment of plants, or 1011
remove and destroy infested or infected plants, in accordance 1012
with chapter 581 and any rules adopted thereunder. 1013
7. Each medical marijuana treatment center must produce and 1014
make available for purchase at least one low-THC cannabis 1015
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product. 1016
8. A medical marijuana treatment center that produces 1017
edibles must hold a permit to operate as a food establishment 1018
pursuant to chapter 500, the Florida Food Safety Act, and must 1019
comply with all the requirements for food establishments 1020
pursuant to chapter 500 and any rules adopted thereunder. 1021
Edibles may not contain more than 200 milligrams of 1022
tetrahydrocannabinol and a single serving portion of an edible 1023
may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 1024
may have a potency variance of no greater than 15 percent. 1025
Edibles may not be attractive to children; be manufactured in 1026
the shape of humans, cartoons, or animals; be manufactured in a 1027
form that bears any reasonable resemblance to products available 1028
for consumption as commercially available candy; or contain any 1029
color additives. To discourage consumption of edibles by 1030
children, the department shall determine by rule any shapes, 1031
forms, and ingredients allowed and prohibited for edibles. 1032
Medical marijuana treatment centers may not begin processing or 1033
dispensing edibles until after the effective date of the rule. 1034
The department shall also adopt sanitation rules providing the 1035
standards and requirements for the storage, display, or 1036
dispensing of edibles. 1037
9. Within 12 months after licensure, a medical marijuana 1038
treatment center must demonstrate to the department that all of 1039
its processing facilities have passed a Food Safety Good 1040
Manufacturing Practices, such as Global Food Safety Initiative 1041
or equivalent, inspection by a nationally accredited certifying 1042
body. A medical marijuana treatment center must immediately stop 1043
processing at any facility which fails to pass this inspection 1044
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until it demonstrates to the department that such facility has 1045
met this requirement. 1046
10. When processing marijuana, a medical marijuana 1047
treatment center must: 1048
a. Process the marijuana within an enclosed structure and 1049
in a room separate from other plants or products. 1050
b. Comply with department rules when processing marijuana 1051
with hydrocarbon solvents or other solvents or gases exhibiting 1052
potential toxicity to humans. The department shall determine by 1053
rule the requirements for medical marijuana treatment centers to 1054
use such solvents or gases exhibiting potential toxicity to 1055
humans. 1056
c. Comply with federal and state laws and regulations and 1057
department rules for solid and liquid wastes. The department 1058
shall determine by rule procedures for the storage, handling, 1059
transportation, management, and disposal of solid and liquid 1060
waste generated during marijuana production and processing. The 1061
Department of Environmental Protection shall assist the 1062
department in developing such rules. 1063
d. Test the processed marijuana using a medical marijuana 1064
testing laboratory before it is dispensed. Results must be 1065
verified and signed by two medical marijuana treatment center 1066
employees. Before dispensing, the medical marijuana treatment 1067
center must determine that the test results indicate that low-1068
THC cannabis meets the definition of low-THC cannabis, the 1069
concentration of tetrahydrocannabinol meets the potency 1070
requirements of this section, the labeling of the concentration 1071
of tetrahydrocannabinol and cannabidiol is accurate, and all 1072
marijuana is safe for human consumption and free from 1073
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contaminants that are unsafe for human consumption. The 1074
department shall determine by rule which contaminants must be 1075
tested for and the maximum levels of each contaminant which are 1076
safe for human consumption. The Department of Agriculture and 1077
Consumer Services shall assist the department in developing the 1078
testing requirements for contaminants that are unsafe for human 1079
consumption in edibles. The department shall also determine by 1080
rule the procedures for the treatment of marijuana that fails to 1081
meet the testing requirements of this section, s. 381.988, or 1082
department rule. The department may select a random sample from 1083
edibles available for purchase in a dispensing facility which 1084
shall be tested by the department to determine that the edible 1085
meets the potency requirements of this section, is safe for 1086
human consumption, and the labeling of the tetrahydrocannabinol 1087
and cannabidiol concentration is accurate. A medical marijuana 1088
treatment center may not require payment from the department for 1089
the sample. A medical marijuana treatment center must recall 1090
edibles, including all edibles made from the same batch of 1091
marijuana, which fail to meet the potency requirements of this 1092
section, which are unsafe for human consumption, or for which 1093
the labeling of the tetrahydrocannabinol and cannabidiol 1094
concentration is inaccurate. The medical marijuana treatment 1095
center must retain records of all testing and samples of each 1096
homogenous batch of marijuana for at least 9 months. The medical 1097
marijuana treatment center must contract with a marijuana 1098
testing laboratory to perform audits on the medical marijuana 1099
treatment center’s standard operating procedures, testing 1100
records, and samples and provide the results to the department 1101
to confirm that the marijuana or low-THC cannabis meets the 1102
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requirements of this section and that the marijuana or low-THC 1103
cannabis is safe for human consumption. A medical marijuana 1104
treatment center shall reserve two processed samples from each 1105
batch and retain such samples for at least 9 months for the 1106
purpose of such audits. A medical marijuana treatment center may 1107
use a laboratory that has not been certified by the department 1108
under s. 381.988 until such time as at least one laboratory 1109
holds the required certification, but in no event later than 1110
July 1, 2018. 1111
e. Package the marijuana in compliance with the United 1112
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1113
1471 et seq. 1114
f. Package the marijuana in a receptacle that has a firmly 1115
affixed and legible label stating the following information: 1116
(I) The marijuana or low-THC cannabis meets the 1117
requirements of sub-subparagraph d. 1118
(II) The name of the medical marijuana treatment center 1119
from which the marijuana originates. 1120
(III) The batch number and harvest number from which the 1121
marijuana originates and the date dispensed. 1122
(IV) The name of the physician who issued the physician 1123
certification. 1124
(V) The name of the patient. 1125
(VI) The product name, if applicable, and dosage form, 1126
including concentration of tetrahydrocannabinol and cannabidiol. 1127
The product name may not contain wording commonly associated 1128
with products marketed by or to children. 1129
(VII) The recommended dose. 1130
(VIII) A warning that it is illegal to transfer medical 1131
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marijuana to another person. 1132
(IX) A marijuana universal symbol developed by the 1133
department. 1134
11. The medical marijuana treatment center shall include in 1135
each package a patient package insert with information on the 1136
specific product dispensed related to: 1137
a. Clinical pharmacology. 1138
b. Indications and use. 1139
c. Dosage and administration. 1140
d. Dosage forms and strengths. 1141
e. Contraindications. 1142
f. Warnings and precautions. 1143
g. Adverse reactions. 1144
12. Each edible shall be individually sealed in plain, 1145
opaque wrapping marked only with the marijuana universal symbol. 1146
Where practical, each edible shall be marked with the marijuana 1147
universal symbol. In addition to the packaging and labeling 1148
requirements in subparagraphs 10. and 11., edible receptacles 1149
must be plain, opaque, and white without depictions of the 1150
product or images other than the medical marijuana treatment 1151
center’s department-approved logo and the marijuana universal 1152
symbol. The receptacle must also include a list all of the 1153
edible’s ingredients, storage instructions, an expiration date, 1154
a legible and prominent warning to keep away from children and 1155
pets, and a warning that the edible has not been produced or 1156
inspected pursuant to federal food safety laws. 1157
13. When dispensing marijuana or a marijuana delivery 1158
device, a medical marijuana treatment center: 1159
a. May dispense any active, valid order for low-THC 1160
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cannabis, medical cannabis and cannabis delivery devices issued 1161
pursuant to former s. 381.986, Florida Statutes 2016, which was 1162
entered into the medical marijuana use registry before July 1, 1163
2017. 1164
b. May not dispense more than a 70-day supply of marijuana 1165
to a qualified patient or caregiver. 1166
c. Must have the medical marijuana treatment center’s 1167
employee who dispenses the marijuana or a marijuana delivery 1168
device enter into the medical marijuana use registry his or her 1169
name or unique employee identifier. 1170
d. Must verify that the qualified patient and the 1171
caregiver, if applicable, each has an active registration in the 1172
medical marijuana use registry and an active and valid medical 1173
marijuana use registry identification card, the amount and type 1174
of marijuana dispensed matches the physician certification in 1175
the medical marijuana use registry for that qualified patient, 1176
and the physician certification has not already been filled. 1177
e. May not dispense marijuana to a qualified patient who is 1178
younger than 18 years of age. If the qualified patient is 1179
younger than 18 years of age, marijuana may only be dispensed to 1180
the qualified patient’s caregiver. 1181
f. May not dispense or sell any other type of cannabis, 1182
alcohol, or illicit drug-related product, including pipes, 1183
bongs, or wrapping papers, other than a marijuana delivery 1184
device required for the medical use of marijuana and which is 1185
specified in a physician certification. 1186
g. Must, upon dispensing the marijuana or marijuana 1187
delivery device, record in the registry the date, time, 1188
quantity, and form of marijuana dispensed; the type of marijuana 1189
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delivery device dispensed; and the name and medical marijuana 1190
use registry identification number of the qualified patient or 1191
caregiver to whom the marijuana delivery device was dispensed. 1192
h. Must ensure that patient records are not visible to 1193
anyone other than the qualified patient, his or her caregiver, 1194
and authorized medical marijuana treatment center employees. 1195
(f) To ensure the safety and security of premises where the 1196
cultivation, processing, storing, or dispensing of marijuana 1197
occurs, and to maintain adequate controls against the diversion, 1198
theft, and loss of marijuana or marijuana delivery devices, a 1199
medical marijuana treatment center shall: 1200
1.a. Maintain a fully operational security alarm system 1201
that secures all entry points and perimeter windows and is 1202
equipped with motion detectors; pressure switches; and duress, 1203
panic, and hold-up alarms; and 1204
b. Maintain a video surveillance system that records 1205
continuously 24 hours a day and meets the following criteria: 1206
(I) Cameras are fixed in a place that allows for the clear 1207
identification of persons and activities in controlled areas of 1208
the premises. Controlled areas include grow rooms, processing 1209
rooms, storage rooms, disposal rooms or areas, and point-of-sale 1210
rooms. 1211
(II) Cameras are fixed in entrances and exits to the 1212
premises, which shall record from both indoor and outdoor, or 1213
ingress and egress, vantage points. 1214
(III) Recorded images must clearly and accurately display 1215
the time and date. 1216
(IV) Retain video surveillance recordings for at least 45 1217
days or longer upon the request of a law enforcement agency. 1218
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2. Ensure that the medical marijuana treatment center’s 1219
outdoor premises have sufficient lighting from dusk until dawn. 1220
3. Ensure that the indoor premises where dispensing occurs 1221
includes a waiting area with sufficient space and seating to 1222
accommodate qualified patients and caregivers and at least one 1223
private consultation area that is isolated from the waiting area 1224
and area where dispensing occurs. A medical marijuana treatment 1225
center may not display products or dispense marijuana or 1226
marijuana delivery devices in the waiting area. 1227
4. Not dispense from its premises marijuana or a marijuana 1228
delivery device between the hours of 9 p.m. and 7 a.m., but may 1229
perform all other operations and deliver marijuana to qualified 1230
patients 24 hours a day. 1231
5. Store marijuana in a secured, locked room or a vault. 1232
6. Require at least two of its employees, or two employees 1233
of a security agency with whom it contracts, to be on the 1234
premises at all times where cultivation, processing, or storing 1235
of marijuana occurs. 1236
7. Require each employee or contractor to wear a photo 1237
identification badge at all times while on the premises. 1238
8. Require each visitor to wear a visitor pass at all times 1239
while on the premises. 1240
9. Implement an alcohol and drug-free workplace policy. 1241
10. Report to local law enforcement within 24 hours after 1242
the medical marijuana treatment center is notified or becomes 1243
aware of the theft, diversion, or loss of marijuana. 1244
(g) To ensure the safe transport of marijuana and marijuana 1245
delivery devices to medical marijuana treatment centers, 1246
marijuana testing laboratories, or qualified patients, a medical 1247
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marijuana treatment center must: 1248
1. Maintain a marijuana transportation manifest in any 1249
vehicle transporting marijuana. The marijuana transportation 1250
manifest must be generated from a medical marijuana treatment 1251
center’s seed-to-sale tracking system and include the: 1252
a. Departure date and approximate time of departure. 1253
b. Name, location address, and license number of the 1254
originating medical marijuana treatment center. 1255
c. Name and address of the recipient of the delivery. 1256
d. Quantity and form of any marijuana or marijuana delivery 1257
device being transported. 1258
e. Arrival date and estimated time of arrival. 1259
f. Delivery vehicle make and model and license plate 1260
number. 1261
g. Name and signature of the medical marijuana treatment 1262
center employees delivering the product. 1263
(I) A copy of the marijuana transportation manifest must be 1264
provided to each individual, medical marijuana treatment center, 1265
or marijuana testing laboratory that receives a delivery. The 1266
individual, or a representative of the center or laboratory, 1267
must sign a copy of the marijuana transportation manifest 1268
acknowledging receipt. 1269
(II) An individual transporting marijuana or a marijuana 1270
delivery device must present a copy of the relevant marijuana 1271
transportation manifest and his or her employee identification 1272
card to a law enforcement officer upon request. 1273
(III) Medical marijuana treatment centers and marijuana 1274
testing laboratories must retain copies of all marijuana 1275
transportation manifests for at least 3 years. 1276
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2. Ensure only vehicles in good working order are used to 1277
transport marijuana. 1278
3. Lock marijuana and marijuana delivery devices in a 1279
separate compartment or container within the vehicle. 1280
4. Require employees to have possession of their employee 1281
identification card at all times when transporting marijuana or 1282
marijuana delivery devices. 1283
5. Require at least two persons to be in a vehicle 1284
transporting marijuana or marijuana delivery devices, and 1285
require at least one person to remain in the vehicle while the 1286
marijuana or marijuana delivery device is being delivered. 1287
6. Provide specific safety and security training to 1288
employees transporting or delivering marijuana and marijuana 1289
delivery devices. 1290
(h) A medical marijuana treatment center may not engage in 1291
advertising that is visible to members of the public from any 1292
street, sidewalk, park, or other public place, except: 1293
1. The dispensing location of a medical marijuana treatment 1294
center may have a sign that is affixed to the outside or hanging 1295
in the window of the premises which identifies the dispensary by 1296
the licensee’s business name, a department-approved trade name, 1297
or a department-approved logo. A medical marijuana treatment 1298
center’s trade name and logo may not contain wording or images 1299
commonly associated with marketing targeted toward children or 1300
which promote recreational use of marijuana. 1301
2. A medical marijuana treatment center may engage in 1302
Internet advertising and marketing under the following 1303
conditions: 1304
a. All advertisements must be approved by the department. 1305
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b. An advertisement may not have any content that 1306
specifically targets individuals under the age of 18, including 1307
cartoon characters or similar images. 1308
c. An advertisement may not be an unsolicited pop-up 1309
advertisement. 1310
d. Opt-in marketing must include an easy and permanent opt-1311
out feature. 1312
(i) Each medical marijuana treatment center that dispenses 1313
marijuana and marijuana delivery devices shall make available to 1314
the public on its website: 1315
1. Each marijuana and low-THC product available for 1316
purchase, including the form, strain of marijuana from which it 1317
was extracted, cannabidiol content, tetrahydrocannabinol 1318
content, dose unit, total number of doses available, and the 1319
ratio of cannabidiol to tetrahydrocannabinol for each product. 1320
2. The price for a 30-day, 50-day, and 70-day supply at a 1321
standard dose for each marijuana and low-THC product available 1322
for purchase. 1323
3. The price for each marijuana delivery device available 1324
for purchase. 1325
4. If applicable, any discount policies and eligibility 1326
criteria for such discounts. 1327
(j) Medical marijuana treatment centers are the sole source 1328
from which a qualified patient may legally obtain marijuana. 1329
(k) The department may adopt rules pursuant to ss. 1330
120.536(1) and 120.54 to implement this subsection. 1331
(9) BACKGROUND SCREENING.-An individual required to undergo 1332
a background screening pursuant to this section must pass a 1333
level 2 background screening as provided under chapter 435, 1334
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which, in addition to the disqualifying offenses provided in s. 1335
435.04, shall exclude an individual who has an arrest awaiting 1336
final disposition for, has been found guilty of, regardless of 1337
adjudication, or has entered a plea of nolo contendere or guilty 1338
to an offense under chapter 837, chapter 895, or chapter 896 or 1339
similar law of another jurisdiction. 1340
(a) Such individual must submit a full set of fingerprints 1341
to the department or to a vendor, entity, or agency authorized 1342
by s. 943.053(13). The department, vendor, entity, or agency 1343
shall forward the fingerprints to the Department of Law 1344
Enforcement for state processing, and the Department of Law 1345
Enforcement shall forward the fingerprints to the Federal Bureau 1346
of Investigation for national processing. 1347
(b) Fees for state and federal fingerprint processing and 1348
retention shall be borne by the individual. The state cost for 1349
fingerprint processing shall be as provided in s. 943.053(3)(e) 1350
for records provided to persons or entities other than those 1351
specified as exceptions therein. 1352
(c) Fingerprints submitted to the Department of Law 1353
Enforcement pursuant to this subsection shall be retained by the 1354
Department of Law Enforcement as provided in s. 943.05(2)(g) and 1355
(h) and, when the Department of Law Enforcement begins 1356
participation in the program, enrolled in the Federal Bureau of 1357
Investigation’s national retained print arrest notification 1358
program. Any arrest record identified shall be reported to the 1359
department. 1360
(10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; 1361
ADMINISTRATIVE ACTIONS.— 1362
(a) The department shall conduct announced or unannounced 1363
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inspections of medical marijuana treatment centers to determine 1364
compliance with this section or rules adopted pursuant to this 1365
section. 1366
(b) The department shall inspect a medical marijuana 1367
treatment center upon receiving a complaint or notice that the 1368
medical marijuana treatment center has dispensed marijuana 1369
containing mold, bacteria, or other contaminant that may cause 1370
or has caused an adverse effect to human health or the 1371
environment. 1372
(c) The department shall conduct at least a biennial 1373
inspection of each medical marijuana treatment center to 1374
evaluate the medical marijuana treatment center’s records, 1375
personnel, equipment, processes, security measures, sanitation 1376
practices, and quality assurance practices. 1377
(d) The Department of Agriculture and Consumer Services and 1378
the department shall enter into an interagency agreement to 1379
ensure cooperation and coordination in the performance of their 1380
obligations under this section and their respective regulatory 1381
and authorizing laws. The department, the Department of Highway 1382
Safety and Motor Vehicles, and the Department of Law Enforcement 1383
may enter into interagency agreements for the purposes specified 1384
in this subsection or subsection (7). 1385
(e) The department shall publish a list of all approved 1386
medical marijuana treatment centers, medical directors, and 1387
qualified physicians on its website. 1388
(f) The department may impose reasonable fines not to 1389
exceed $10,000 on a medical marijuana treatment center for any 1390
of the following violations: 1391
1. Violating this section or department rule. 1392
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2. Failing to maintain qualifications for approval. 1393
3. Endangering the health, safety, or security of a 1394
qualified patient. 1395
4. Improperly disclosing personal and confidential 1396
information of the qualified patient. 1397
5. Attempting to procure medical marijuana treatment center 1398
approval by bribery, fraudulent misrepresentation, or extortion. 1399
6. Being convicted or found guilty of, or entering a plea 1400
of guilty or nolo contendere to, regardless of adjudication, a 1401
crime in any jurisdiction which directly relates to the business 1402
of a medical marijuana treatment center. 1403
7. Making or filing a report or record that the medical 1404
marijuana treatment center knows to be false. 1405
8. Willfully failing to maintain a record required by this 1406
section or department rule. 1407
9. Willfully impeding or obstructing an employee or agent 1408
of the department in the furtherance of his or her official 1409
duties. 1410
10. Engaging in fraud or deceit, negligence, incompetence, 1411
or misconduct in the business practices of a medical marijuana 1412
treatment center. 1413
11. Making misleading, deceptive, or fraudulent 1414
representations in or related to the business practices of a 1415
medical marijuana treatment center. 1416
12. Having a license or the authority to engage in any 1417
regulated profession, occupation, or business that is related to 1418
the business practices of a medical marijuana treatment center 1419
suspended, revoked, or otherwise acted against by the licensing 1420
authority of any jurisdiction, including its agencies or 1421
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subdivisions, for a violation that would constitute a violation 1422
under Florida law. 1423
13. Violating a lawful order of the department or an agency 1424
of the state, or failing to comply with a lawfully issued 1425
subpoena of the department or an agency of the state. 1426
(g) The department may suspend, revoke, or refuse to renew 1427
a medical marijuana treatment center license if the medical 1428
marijuana treatment center commits any of the violations in 1429
paragraph (f). 1430
(h) The department may adopt rules pursuant to ss. 1431
120.536(1) and 120.54 to implement this subsection. 1432
(11) PREEMPTION.—Regulation of cultivation, processing, and 1433
delivery of marijuana by medical marijuana treatment centers is 1434
preempted to the state except as provided in this subsection. 1435
(a) A medical marijuana treatment center cultivating or 1436
processing facility may not be located within 500 feet of the 1437
real property that comprises a public or private elementary 1438
school, middle school, or secondary school. 1439
(b)1. A county or municipality may, by ordinance, ban 1440
medical marijuana treatment center dispensing facilities from 1441
being located within the boundaries of that county or 1442
municipality. A county or municipality that does not ban 1443
dispensing facilities under this subparagraph may not place 1444
specific limits, by ordinance, on the number of dispensing 1445
facilities that may locate within that county or municipality. 1446
2. A municipality may determine by ordinance the criteria 1447
for the location of, and other permitting requirements that do 1448
not conflict with state law or department rule for, medical 1449
marijuana treatment center dispensing facilities located within 1450
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the boundaries of that municipality. A county may determine by 1451
ordinance the criteria for the location of, and other permitting 1452
requirements that do not conflict with state law or department 1453
rule for, all such dispensing facilities located within the 1454
unincorporated areas of that county. Except as provided in 1455
paragraph (c), a county or municipality may not enact ordinances 1456
for permitting or for determining the location of dispensing 1457
facilities which are more restrictive than its ordinances 1458
permitting or determining the locations for pharmacies licensed 1459
under chapter 465. A municipality or county may not charge a 1460
medical marijuana treatment center a license or permit fee in an 1461
amount greater than the fee charged by such municipality or 1462
county to pharmacies. A dispensing facility location approved by 1463
a municipality or county pursuant to former s. 381.986(8)(b), 1464
Florida Statutes 2016, is not subject to the location 1465
requirements of this subsection. 1466
(c) A medical marijuana treatment center dispensing 1467
facility may not be located within 500 feet of the real property 1468
that comprises a public or private elementary school, middle 1469
school, or secondary school unless the county or municipality 1470
approves the location through a formal proceeding open to the 1471
public at which the county or municipality determines that the 1472
location promotes the public health, safety, and general welfare 1473
of the community. 1474
(d) This subsection does not prohibit any local 1475
jurisdiction from ensuring medical marijuana treatment center 1476
facilities comply with the Florida Building Code, the Florida 1477
Fire Prevention Code, or any local amendments to the Florida 1478
Building Code or the Florida Fire Prevention Code. 1479
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(12) PENALTIES.— 1480
(a) A qualified physician commits a misdemeanor of the 1481
first degree, punishable as provided in s. 775.082 or s. 1482
775.083, if the qualified physician issues a physician 1483
certification for the medical use of marijuana for a patient 1484
without a reasonable belief that the patient is suffering from a 1485
qualifying medical condition. 1486
(b) A person who fraudulently represents that he or she has 1487
a qualifying medical condition to a qualified physician for the 1488
purpose of being issued a physician certification commits a 1489
misdemeanor of the first degree, punishable as provided in s. 1490
775.082 or s. 775.083. 1491
(c) A qualified patient who uses marijuana, not including 1492
low-THC cannabis, or a caregiver who administers marijuana, not 1493
including low-THC cannabis, in plain view of or in a place open 1494
to the general public; in a school bus, a vehicle, an aircraft, 1495
or a boat; or on the grounds of a school except as provided in 1496
s. 1006.062, commits a misdemeanor of the first degree, 1497
punishable as provided in s. 775.082 or s. 775.083. 1498
(d) A qualified patient or caregiver who cultivates 1499
marijuana or who purchases or acquires marijuana from any person 1500
or entity other than a medical marijuana treatment center 1501
violates s. 893.13 and is subject to the penalties provided 1502
therein. 1503
(e)1. A qualified patient or caregiver in possession of 1504
marijuana or a marijuana delivery device who fails or refuses to 1505
present his or her marijuana use registry identification card 1506
upon the request of a law enforcement officer commits a 1507
misdemeanor of the second degree, punishable as provided in s. 1508
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775.082 or s. 775.083, unless it can be determined through the 1509
medical marijuana use registry that the person is authorized to 1510
be in possession of that marijuana or marijuana delivery device. 1511
2. A person charged with a violation of this paragraph may 1512
not be convicted if, before or at the time of his or her court 1513
or hearing appearance, the person produces in court or to the 1514
clerk of the court in which the charge is pending a medical 1515
marijuana use registry identification card issued to him or her 1516
which is valid at the time of his or her arrest. The clerk of 1517
the court is authorized to dismiss such case at any time before 1518
the defendant’s appearance in court. The clerk of the court may 1519
assess a fee of $5 for dismissing the case under this paragraph. 1520
(f) A caregiver who violates any of the applicable 1521
provisions of this section or applicable department rules, for 1522
the first offense, commits a misdemeanor of the second degree, 1523
punishable as provided in s. 775.082 or s. 775.083 and, for a 1524
second or subsequent offense, commits a misdemeanor of the first 1525
degree, punishable as provided in s. 775.082 or s. 775.083. 1526
(g) A qualified physician who issues a physician 1527
certification for marijuana or a marijuana delivery device and 1528
receives compensation from a medical marijuana treatment center 1529
related to the issuance of a physician certification for 1530
marijuana or a marijuana delivery device is subject to 1531
disciplinary action under the applicable practice act and s. 1532
456.072(1)(n). 1533
(h) A person transporting marijuana or marijuana delivery 1534
devices on behalf of a medical marijuana treatment center or 1535
marijuana testing laboratory who fails or refuses to present a 1536
transportation manifest upon the request of a law enforcement 1537
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officer commits a misdemeanor of the second degree, punishable 1538
as provided in s. 775.082 or s. 775.083. 1539
(i) Persons and entities conducting activities authorized 1540
and governed by this section and s. 381.988 are subject to ss. 1541
456.053, 456.054, and 817.505, as applicable. 1542
(j) A person or entity that cultivates, processes, 1543
distributes, sells, or dispenses marijuana, as defined in s. 1544
29(b)(4), Art. X of the State Constitution, and is not licensed 1545
as a medical marijuana treatment center violates s. 893.13 and 1546
is subject to the penalties provided therein. 1547
(k) A person who manufactures, distributes, sells, gives, 1548
or possesses with the intent to manufacture, distribute, sell, 1549
or give marijuana or a marijuana delivery device that he or she 1550
holds out to have originated from a licensed medical marijuana 1551
treatment center but that is counterfeit commits a felony of the 1552
third degree, punishable as provided in s. 775.082, s. 775.083, 1553
or s. 775.084. For the purposes of this paragraph, the term 1554
“counterfeit” means marijuana; a marijuana delivery device; or a 1555
marijuana or marijuana delivery device container, seal, or label 1556
which, without authorization, bears the trademark, trade name, 1557
or other identifying mark, imprint, or device, or any likeness 1558
thereof, of a licensed medical marijuana treatment center and 1559
which thereby falsely purports or is represented to be the 1560
product of, or to have been distributed by, that licensed 1561
medical marijuana treatment facility. 1562
(l) Any person who possesses or manufactures a blank, 1563
forged, stolen, fictitious, fraudulent, counterfeit, or 1564
otherwise unlawfully issued medical marijuana use registry 1565
identification card commits a felony of the third degree, 1566
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1567
(13) UNLICENSED ACTIVITY.— 1568
(a) If the department has probable cause to believe that a 1569
person or entity that is not registered or licensed with the 1570
department has violated this section, s. 381.988, or any rule 1571
adopted pursuant to this section, the department may issue and 1572
deliver to such person or entity a notice to cease and desist 1573
from such violation. The department also may issue and deliver a 1574
notice to cease and desist to any person or entity who aids and 1575
abets such unlicensed activity. The issuance of a notice to 1576
cease and desist does not constitute agency action for which a 1577
hearing under s. 120.569 or s. 120.57 may be sought. For the 1578
purpose of enforcing a cease and desist order, the department 1579
may file a proceeding in the name of the state seeking issuance 1580
of an injunction or a writ of mandamus against any person or 1581
entity who violates any provisions of such order. 1582
(b) In addition to the remedies under paragraph (a), the 1583
department may impose by citation an administrative penalty not 1584
to exceed $5,000 per incident. The citation shall be issued to 1585
the subject and must contain the subject’s name and any other 1586
information the department determines to be necessary to 1587
identify the subject, a brief factual statement, the sections of 1588
the law allegedly violated, and the penalty imposed. If the 1589
subject does not dispute the matter in the citation with the 1590
department within 30 days after the citation is served, the 1591
citation shall become a final order of the department. The 1592
department may adopt rules pursuant to ss. 120.536(1) and 120.54 1593
to implement this section. Each day that the unlicensed activity 1594
continues after issuance of a notice to cease and desist 1595
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constitutes a separate violation. The department shall be 1596
entitled to recover the costs of investigation and prosecution 1597
in addition to the fine levied pursuant to the citation. Service 1598
of a citation may be made by personal service or by mail to the 1599
subject at the subject’s last known address or place of 1600
practice. If the department is required to seek enforcement of 1601
the cease and desist or agency order, it shall be entitled to 1602
collect attorney fees and costs. 1603
(c) In addition to or in lieu of any other administrative 1604
remedy, the department may seek the imposition of a civil 1605
penalty through the circuit court for any violation for which 1606
the department may issue a notice to cease and desist. The civil 1607
penalty shall be no less than $5,000 and no more than $10,000 1608
for each offense. The court may also award to the prevailing 1609
party court costs and reasonable attorney fees and, in the event 1610
the department prevails, may also award reasonable costs of 1611
investigation and prosecution. 1612
(d) In addition to the other remedies provided in this 1613
section, the department or any state attorney may bring an 1614
action for an injunction to restrain any unlicensed activity or 1615
to enjoin the future operation or maintenance of the unlicensed 1616
activity or the performance of any service in violation of this 1617
section. 1618
(e) The department must notify local law enforcement of 1619
such unlicensed activity for a determination of any criminal 1620
violation of chapter 893. 1621
(14) EXCEPTIONS TO OTHER LAWS.— 1622
(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1623
any other provision of law, but subject to the requirements of 1624
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this section, a qualified patient and the qualified patient’s 1625
caregiver may purchase from a medical marijuana treatment center 1626
for the patient’s medical use a marijuana delivery device and up 1627
to the amount of marijuana authorized in the physician 1628
certification, but may not possess more than a 70-day supply of 1629
marijuana at any given time and all marijuana purchased must 1630
remain in its original packaging. 1631
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1632
any other provision of law, but subject to the requirements of 1633
this section, an approved medical marijuana treatment center and 1634
its owners, managers, and employees may manufacture, possess, 1635
sell, deliver, distribute, dispense, and lawfully dispose of 1636
marijuana or a marijuana delivery device as provided in this 1637
section, s. 381.988, and by department rule. For the purposes of 1638
this subsection, the terms “manufacture,” “possession,” 1639
“deliver,” “distribute,” and “dispense” have the same meanings 1640
as provided in s. 893.02. 1641
(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1642
any other provision of law, but subject to the requirements of 1643
this section, a certified marijuana testing laboratory, 1644
including an employee of a certified marijuana testing 1645
laboratory acting within the scope of his or her employment, may 1646
acquire, possess, test, transport, and lawfully dispose of 1647
marijuana as provided in this section, in s. 381.988, and by 1648
department rule. 1649
(d) A licensed medical marijuana treatment center and its 1650
owners, managers, and employees are not subject to licensure or 1651
regulation under chapter 465 or chapter 499 for manufacturing, 1652
possessing, selling, delivering, distributing, dispensing, or 1653
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lawfully disposing of marijuana or a marijuana delivery device, 1654
as provided in this section, s. 381.988, and by department rule. 1655
(e) This subsection does not exempt a person from 1656
prosecution for a criminal offense related to impairment or 1657
intoxication resulting from the medical use of marijuana or 1658
relieve a person from any requirement under law to submit to a 1659
breath, blood, urine, or other test to detect the presence of a 1660
controlled substance. 1661
(f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1662
any other provision of law, but subject to the requirements of 1663
this section and pursuant to policies and procedures established 1664
pursuant to s. 1006.62(8), school personnel may possess 1665
marijuana that is obtained for medical use pursuant to this 1666
section by a student who is a qualified patient. 1667
(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1668
any other provision of law, but subject to the requirements of 1669
this section, a research institute established by a public 1670
postsecondary educational institution, such as the H. Lee 1671
Moffitt Cancer Center and Research Institute, Inc., established 1672
under s. 1004.43, or a state university that has achieved the 1673
preeminent state research university designation under s. 1674
1001.7065 may possess, test, transport, and lawfully dispose of 1675
marijuana for research purposes as provided by this section. 1676
(15) APPLICABILITY.—This section does not limit the ability 1677
of an employer to establish, continue, or enforce a drug-free 1678
workplace program or policy. This section does not require an 1679
employer to accommodate the medical use of marijuana in any 1680
workplace or any employee working while under the influence of 1681
marijuana. This section does not create a cause of action 1682
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against an employer for wrongful discharge or discrimination. 1683
Marijuana, as defined in this section, is not reimbursable under 1684
chapter 440. 1685
(16) FINES AND FEES.—Fines and fees collected by the 1686
department under this section shall be deposited in the Grants 1687
and Donations Trust Fund within the Department of Health. 1688
Section 4. Paragraph (uu) is added to subsection (1) of 1689
section 458.331, Florida Statutes, to read: 1690
458.331 Grounds for disciplinary action; action by the 1691
board and department.— 1692
(1) The following acts constitute grounds for denial of a 1693
license or disciplinary action, as specified in s. 456.072(2): 1694
(uu) Issuing a physician certification, as defined in s. 1695
381.986, in a manner out of compliance with the requirements of 1696
that section and rules adopted thereunder. 1697
Section 5. Paragraph (ww) is added to subsection (1) of 1698
section 459.015, Florida Statutes, to read: 1699
459.015 Grounds for disciplinary action; action by the 1700
board and department.— 1701
(1) The following acts constitute grounds for denial of a 1702
license or disciplinary action, as specified in s. 456.072(2): 1703
(ww) Issuing a physician certification, as defined in s. 1704
381.986, in a manner not in compliance with the requirements of 1705
that section and rules adopted thereunder. 1706
Section 6. Section 381.988, Florida Statutes, is created to 1707
read: 1708
381.988 Medical marijuana testing laboratories; marijuana 1709
tests conducted by a certified laboratory.— 1710
(1) A person or entity seeking to be a certified marijuana 1711
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testing laboratory must: 1712
(a) Not be owned or controlled by a medical marijuana 1713
treatment center. 1714
(b) Submit a completed application accompanied by an 1715
application fee, as established by department rule. 1716
(c) Submit proof of an accreditation or a certification 1717
approved by the department issued by an accreditation or a 1718
certification organization approved by the department. The 1719
department shall adopt by rule a list of approved laboratory 1720
accreditations or certifications and accreditation or 1721
certification organizations. 1722
(d) Require all owners and managers to submit to and pass a 1723
level 2 background screening pursuant to s. 435.04 and shall 1724
deny certification if the person or entity has been found guilty 1725
of, or has entered a plea of guilty or nolo contendere to, 1726
regardless of adjudication, any offense listed in chapter 837, 1727
chapter 895, or chapter 896 or similar law of another 1728
jurisdiction. 1729
1. Such owners and managers must submit a full set of 1730
fingerprints to the department or to a vendor, entity, or agency 1731
authorized by s. 943.053(13). The department, vendor, entity, or 1732
agency shall forward the fingerprints to the Department of Law 1733
Enforcement for state processing, and the Department of Law 1734
Enforcement shall forward the fingerprints to the Federal Bureau 1735
of Investigation for national processing. 1736
2. Fees for state and federal fingerprint processing and 1737
retention shall be borne by such owners or managers. The state 1738
cost for fingerprint processing shall be as provided in s. 1739
943.053(3)(e) for records provided to persons or entities other 1740
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than those specified as exceptions therein. 1741
3. Fingerprints submitted to the Department of Law 1742
Enforcement pursuant to this paragraph shall be retained by the 1743
Department of Law Enforcement as provided in s. 943.05(2)(g) and 1744
(h) and, when the Department of Law Enforcement begins 1745
participation in the program, enrolled in the Federal Bureau of 1746
Investigation’s national retained print arrest notification 1747
program. Any arrest record identified shall be reported to the 1748
department. 1749
(e) Demonstrate to the department the capability of meeting 1750
the standards for certification required by this subsection, and 1751
the testing requirements of s. 381.986 and this section and 1752
rules adopted thereunder. 1753
(2) The department shall adopt rules pursuant to ss. 1754
120.536(1) and 120.54 establishing a procedure for initial 1755
certification and biennial renewal, including initial 1756
application and biennial renewal fees sufficient to cover the 1757
costs of administering this certification program. The 1758
department shall renew the certification biennially if the 1759
laboratory meets the requirements of this section and pays the 1760
biennial renewal fee. 1761
(3) The department shall adopt rules pursuant to ss. 1762
120.536(1) and 120.54 establishing the standards for 1763
certification of marijuana testing laboratories under this 1764
section. The Department of Agriculture and Consumer Services and 1765
the Department of Environmental Protection shall assist the 1766
department in developing the rule, which must include, but is 1767
not limited to: 1768
(a) Security standards. 1769
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(b) Minimum standards for personnel. 1770
(c) Sample collection method and process standards. 1771
(d) Proficiency testing for tetrahydrocannabinol potency, 1772
concentration of cannabidiol, and contaminants unsafe for human 1773
consumption, as determined by department rule. 1774
(e) Reporting content, format, and frequency. 1775
(f) Audits and onsite inspections. 1776
(g) Quality assurance. 1777
(h) Equipment and methodology. 1778
(i) Chain of custody. 1779
(j) Any other standard the department deems necessary to 1780
ensure the health and safety of the public. 1781
(4) A marijuana testing laboratory may acquire marijuana 1782
only from a medical marijuana treatment center. A marijuana 1783
testing laboratory is prohibited from selling, distributing, or 1784
transferring marijuana received from a marijuana treatment 1785
center, except that a marijuana testing laboratory may transfer 1786
a sample to another marijuana testing laboratory in this state. 1787
(5) A marijuana testing laboratory must properly dispose of 1788
all samples it receives, unless transferred to another marijuana 1789
testing laboratory, after all necessary tests have been 1790
conducted and any required period of storage has elapsed, as 1791
established by department rule. 1792
(6) A marijuana testing laboratory shall use the computer 1793
software tracking system selected by the department under s. 1794
381.986. 1795
(7) The following acts constitute grounds for which 1796
disciplinary action specified in subsection (8) may be taken 1797
against a certified marijuana testing laboratory: 1798
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(a) Permitting unauthorized persons to perform technical 1799
procedures or issue reports. 1800
(b) Demonstrating incompetence or making consistent errors 1801
in the performance of testing or erroneous reporting. 1802
(c) Performing a test and rendering a report thereon to a 1803
person or entity not authorized by law to receive such services. 1804
(d) Failing to file any report required under this section 1805
or s. 381.986 or the rules adopted thereunder. 1806
(e) Reporting a test result if the test was not performed. 1807
(f) Failing to correct deficiencies within the time 1808
required by the department. 1809
(g) Violating or aiding and abetting in the violation of 1810
any provision of s. 381.986 or this section or any rules adopted 1811
thereunder. 1812
(8) The department may refuse to issue or renew, or may 1813
suspend or revoke, the certification of a marijuana testing 1814
laboratory that is found to be in violation of this section or 1815
any rules adopted hereunder. The department may impose fines for 1816
violations of this section or rules adopted thereunder, based on 1817
a schedule adopted in rule. In determining the administrative 1818
action to be imposed for a violation, the department must 1819
consider the following factors: 1820
(a) The severity of the violation, including the 1821
probability of death or serious harm to the health or safety of 1822
any person that may result or has resulted; the severity or 1823
potential harm; and the extent to which s. 381.986 or this 1824
section were violated. 1825
(b) The actions taken by the marijuana testing laboratory 1826
to correct the violation or to remedy the complaint. 1827
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(c) Any previous violation by the marijuana testing 1828
laboratory. 1829
(d) The financial benefit to the marijuana testing 1830
laboratory of committing or continuing the violation. 1831
(9) The department may adopt rules pursuant to ss. 1832
120.536(1) and 120.54 to implement this section. 1833
(10) Fees collected by the department under this section 1834
shall be deposited in the Grants and Donations Trust Fund within 1835
the Department of Health. 1836
Section 7. Section 381.989, Florida Statutes, is created to 1837
read: 1838
381.989 Public education campaigns.— 1839
(1) DEFINITIONS.—As used in this section, the term: 1840
(a) “Cannabis” has the same meaning as in s. 893.02. 1841
(b) “Department” means the Department of Health. 1842
(c) “Marijuana” has the same meaning as in s. 381.986. 1843
(2) STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT 1844
USE PREVENTION CAMPAIGN.— 1845
(a) The department shall implement a statewide cannabis and 1846
marijuana education and illicit use prevention campaign to 1847
publicize accurate information regarding: 1848
1. The legal requirements for licit use and possession of 1849
marijuana in this state. 1850
2. Safe use of marijuana, including preventing access by 1851
persons other than qualified patients as defined in s. 381.986, 1852
particularly children. 1853
3. The short-term and long-term health effects of cannabis 1854
and marijuana use, particularly on minors and young adults. 1855
4. Other cannabis-related and marijuana-related education 1856
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determined by the department to be necessary to the public 1857
health and safety. 1858
(b) The department shall provide educational materials 1859
regarding the eligibility for medical use of marijuana by 1860
individuals diagnosed with a terminal condition to individuals 1861
that provide palliative care or hospice services. 1862
(c) The department may use television messaging, radio 1863
broadcasts, print media, digital strategies, social media, and 1864
any other form of messaging deemed necessary and appropriate by 1865
the department to implement the campaign. The department may 1866
work with school districts, community organizations, and 1867
businesses and business organizations and other entities to 1868
provide training and programming. 1869
(d) The department may contract with one or more vendors to 1870
implement the campaign. 1871
(e) The department shall contract with an independent 1872
entity to conduct annual evaluations of the campaign. The 1873
evaluations shall assess the reach and impact of the campaign, 1874
success in educating the citizens of the state regarding the 1875
legal parameters for marijuana use, success in preventing 1876
illicit access by adults and youth, and success in preventing 1877
negative health impacts from the legalization of marijuana. The 1878
first year of the program, the evaluator shall conduct surveys 1879
to establish baseline data on youth and adult cannabis use, the 1880
attitudes of youth and the general public toward cannabis and 1881
marijuana, and any other data deemed necessary for long-term 1882
analysis. By January 31 of each year, the department shall 1883
submit to the Governor, the President of the Senate, and the 1884
Speaker of the House of Representatives the annual evaluation of 1885
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the campaign. 1886
(3) STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.— 1887
(a) The Department of Highway Safety and Motor Vehicles 1888
shall implement a statewide impaired driving education campaign 1889
to raise awareness and prevent marijuana-related and cannabis-1890
related impaired driving and may contract with one or more 1891
vendors to implement the campaign. The Department of Highway 1892
Safety and Motor Vehicles may use television messaging, radio 1893
broadcasts, print media, digital strategies, social media, and 1894
any other form of messaging deemed necessary and appropriate by 1895
the department to implement the campaign. 1896
(b) At a minimum, the Department of Highway Safety and 1897
Motor Vehicles or a contracted vendor shall establish baseline 1898
data on the number of marijuana-related citations for driving 1899
under the influence, marijuana-related traffic arrests, 1900
marijuana-related traffic accidents, and marijuana-related 1901
traffic fatalities, and shall track these measures annually 1902
thereafter. The Department of Highway Safety and Motor Vehicles 1903
or a contracted vendor shall annually evaluate and compile a 1904
report on the efficacy of the campaign based on those measures 1905
and other measures established by the Department of Highway 1906
Safety and Motor Vehicles. By January 31 of each year, the 1907
Department of Highway Safety and Motor Vehicles shall submit the 1908
report on the evaluation of the campaign to the Governor, the 1909
President of the Senate, and the Speaker of the House of 1910
Representatives. 1911
Section 8. Subsection (1) of section 385.211, Florida 1912
Statutes, is amended to read: 1913
385.211 Refractory and intractable epilepsy treatment and 1914
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research at recognized medical centers.— 1915
(1) As used in this section, the term “low-THC cannabis” 1916
means “low-THC cannabis” as defined in s. 381.986 that is 1917
dispensed only from a dispensing organization as defined in 1918
former s. 381.986, Florida Statutes 2016, or a medical marijuana 1919
treatment center as defined in s. 381.986. 1920
Section 9. Paragraphs (b) through (e) of subsection (2) of 1921
section 499.0295, Florida Statutes, are redesignated as 1922
paragraphs (a) through (d), respectively, and present paragraphs 1923
(a) and (c) of that subsection, and subsection (3) of that 1924
section are amended, to read: 1925
499.0295 Experimental treatments for terminal conditions.— 1926
(2) As used in this section, the term: 1927
(a) “Dispensing organization” means an organization 1928
approved by the Department of Health under s. 381.986(5) to 1929
cultivate, process, transport, and dispense low-THC cannabis, 1930
medical cannabis, and cannabis delivery devices. 1931
(b)(c) “Investigational drug, biological product, or 1932
device” means: 1933
1. a drug, biological product, or device that has 1934
successfully completed phase 1 of a clinical trial but has not 1935
been approved for general use by the United States Food and Drug 1936
Administration and remains under investigation in a clinical 1937
trial approved by the United States Food and Drug 1938
Administration; or 1939
2. Medical cannabis that is manufactured and sold by a 1940
dispensing organization. 1941
(3) Upon the request of an eligible patient, a manufacturer 1942
may, or upon a physician’s order pursuant to s. 381.986, a 1943
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dispensing organization may: 1944
(a) Make its investigational drug, biological product, or 1945
device available under this section. 1946
(b) Provide an investigational drug, biological product, or 1947
device, or cannabis delivery device as defined in s. 381.986 to 1948
an eligible patient without receiving compensation. 1949
(c) Require an eligible patient to pay the costs of, or the 1950
costs associated with, the manufacture of the investigational 1951
drug, biological product, or device, or cannabis delivery device 1952
as defined in s. 381.986. 1953
Section 10. Subsection (3) of section 893.02, Florida 1954
Statutes, is amended to read: 1955
893.02 Definitions.—The following words and phrases as used 1956
in this chapter shall have the following meanings, unless the 1957
context otherwise requires: 1958
(3) “Cannabis” means all parts of any plant of the genus 1959
Cannabis, whether growing or not; the seeds thereof; the resin 1960
extracted from any part of the plant; and every compound, 1961
manufacture, salt, derivative, mixture, or preparation of the 1962
plant or its seeds or resin. The term does not include 1963
“marijuana,” “low-THC cannabis,” as defined in s. 381.986, if 1964
manufactured, possessed, sold, purchased, delivered, 1965
distributed, or dispensed, in conformance with s. 381.986. 1966
Section 11. Section 1004.4351, Florida Statutes, is created 1967
to read: 1968
1004.4351 Medical marijuana research and education.— 1969
(1) SHORT TITLE.—This section shall be known and may be 1970
cited as the “Medical Marijuana Research and Education Act.” 1971
(2) LEGISLATIVE FINDINGS.—The Legislature finds that: 1972
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(a) The present state of knowledge concerning the use of 1973
marijuana to alleviate pain and treat illnesses is limited 1974
because permission to perform clinical studies on marijuana is 1975
difficult to obtain, with access to research-grade marijuana so 1976
restricted that little or no unbiased studies have been 1977
performed. 1978
(b) Under the State Constitution, marijuana is available 1979
for the treatment of certain debilitating medical conditions. 1980
(c) Additional clinical studies are needed to ensure that 1981
the residents of this state obtain the correct dosing, 1982
formulation, route, modality, frequency, quantity, and quality 1983
of marijuana for specific illnesses. 1984
(d) An effective medical marijuana research and education 1985
program would mobilize the scientific, educational, and medical 1986
resources that presently exist in this state to determine the 1987
appropriate and best use of marijuana to treat illness. 1988
(3) DEFINITIONS.—As used in this section, the term: 1989
(a) “Board” means the Medical Marijuana Research and 1990
Education Board. 1991
(b) “Coalition” means the Coalition for Medical Marijuana 1992
Research and Education. 1993
(c) “Marijuana” has the same meaning as provided in s. 29, 1994
Art. X of the State Constitution. 1995
(4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND 1996
EDUCATION.— 1997
(a) There is established within the H. Lee Moffitt Cancer 1998
Center and Research Institute, Inc., the Coalition for Medical 1999
Marijuana Research and Education. The purpose of the coalition 2000
is to conduct rigorous scientific research, provide education, 2001
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disseminate research, and guide policy for the adoption of a 2002
statewide policy on ordering and dosing practices for the 2003
medical use of marijuana. The coalition shall be physically 2004
located at the H. Lee Moffitt Cancer Center and Research 2005
Institute, Inc. 2006
(b) The Medical Marijuana Research and Education Board is 2007
established to direct the operations of the coalition. The board 2008
shall be composed of seven members appointed by the chief 2009
executive officer of the H. Lee Moffitt Cancer Center and 2010
Research Institute, Inc. Board members must have experience in a 2011
variety of scientific and medical fields, including, but not 2012
limited to, oncology, neurology, psychology, pediatrics, 2013
nutrition, and addiction. Members shall be appointed to 4-year 2014
terms and may be reappointed to serve additional terms. The 2015
chair shall be elected by the board from among its members to 2016
serve a 2-year term. The board shall meet at least semiannually 2017
at the call of the chair or, in his or her absence or 2018
incapacity, the vice chair. Four members constitute a quorum. A 2019
majority vote of the members present is required for all actions 2020
of the board. The board may prescribe, amend, and repeal a 2021
charter governing the manner in which it conducts its business. 2022
A board member shall serve without compensation but is entitled 2023
to be reimbursed for travel expenses by the coalition or the 2024
organization he or she represents in accordance with s. 112.061. 2025
(c) The coalition shall be administered by a coalition 2026
director, who shall be appointed by and serve at the pleasure of 2027
the board. The coalition director shall, subject to the approval 2028
of the board: 2029
1. Propose a budget for the coalition. 2030
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2. Foster the collaboration of scientists, researchers, and 2031
other appropriate personnel in accordance with the coalition’s 2032
charter. 2033
3. Identify and prioritize the research to be conducted by 2034
the coalition. 2035
4. Prepare the Medical Marijuana Research and Education 2036
Plan for submission to the board. 2037
5. Apply for grants to obtain funding for research 2038
conducted by the coalition. 2039
6. Perform other duties as determined by the board. 2040
(d) The board shall advise the Board of Governors, the 2041
State Surgeon General, the Governor, and the Legislature with 2042
respect to medical marijuana research and education in this 2043
state. The board shall explore methods of implementing and 2044
enforcing medical marijuana laws in relation to cancer control, 2045
research, treatment, and education. 2046
(e) The board shall annually adopt a plan for medical 2047
marijuana research, known as the “Medical Marijuana Research and 2048
Education Plan,” which must be in accordance with state law and 2049
coordinate with existing programs in this state. The plan must 2050
include recommendations for the coordination and integration of 2051
medical, pharmacological, nursing, paramedical, community, and 2052
other resources connected with the treatment of debilitating 2053
medical conditions; research related to the treatment of such 2054
medical conditions; and education. 2055
(f) By February 15 of each year, the board shall issue a 2056
report to the Governor, the President of the Senate, and the 2057
Speaker of the House of Representatives on research projects, 2058
community outreach initiatives, and future plans for the 2059
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coalition. 2060
(g) Beginning January 15, 2018, and quarterly thereafter, 2061
the Department of Health shall submit to the board a data set 2062
that includes, for each patient registered in the medical 2063
marijuana use registry, the patient’s qualifying medical 2064
condition and the daily dose amount and forms of marijuana 2065
certified for the patient. 2066
(5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER 2067
AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center 2068
and Research Institute, Inc., shall allocate staff and provide 2069
information and assistance, as the coalition’s budget permits, 2070
to assist the board in fulfilling its responsibilities. 2071
Section 12. Subsection (1) of section 1004.441, Florida 2072
Statutes, is amended to read: 2073
1004.441 Refractory and intractable epilepsy treatment and 2074
research.— 2075
(1) As used in this section, the term “low-THC cannabis” 2076
means “low-THC cannabis” as defined in s. 381.986 that is 2077
dispensed only from a dispensing organization as defined in 2078
former s. 381.986, Florida Statutes 2016, or a medical marijuana 2079
treatment center as defined in s. 381.986. 2080
Section 13. Subsection (8) is added to section 1006.062, 2081
Florida Statutes, to read: 2082
1006.062 Administration of medication and provision of 2083
medical services by district school board personnel.— 2084
(8) Each district school board shall adopt a policy and a 2085
procedure for allowing a student who is a qualified patient, as 2086
defined in s. 381.986, to use marijuana obtained pursuant to 2087
that section. Such policy and procedure shall ensure access by 2088
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the qualified patient; identify how the marijuana will be 2089
received, accounted for, and stored; and establish processes to 2090
prevent access by other students and school personnel whose 2091
access would be unnecessary for the implementation of the 2092
policy. 2093
Section 14. Department of Health; authority to adopt rules; 2094
cause of action.— 2095
(1) EMERGENCY RULEMAKING.— 2096
(a) The Department of Health and the applicable boards 2097
shall adopt emergency rules pursuant to s. 120.54(4), Florida 2098
Statutes, and this section necessary to implement ss. 381.986 2099
and 381.988, Florida Statutes. If an emergency rule adopted 2100
under this section is held to be unconstitutional or an invalid 2101
exercise of delegated legislative authority, and becomes void, 2102
the department or the applicable boards may adopt an emergency 2103
rule pursuant to this section to replace the rule that has 2104
become void. If the emergency rule adopted to replace the void 2105
emergency rule is also held to be unconstitutional or an invalid 2106
exercise of delegated legislative authority and becomes void, 2107
the department and the applicable boards must follow the 2108
nonemergency rulemaking procedures of the Administrative 2109
Procedures Act to replace the rule that has become void. 2110
(b) For emergency rules adopted under this section, the 2111
department and the applicable boards need not make the findings 2112
required by s. 120.54(4)(a), Florida Statutes. Emergency rules 2113
adopted under this section are exempt from ss. 120.54(3)(b) and 2114
120.541, Florida Statutes. The department and the applicable 2115
boards shall meet the procedural requirements in s. 120.54(a), 2116
Florida Statutes, if the department or the applicable boards 2117
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have, before the effective date of this act, held any public 2118
workshops or hearings on the subject matter of the emergency 2119
rules adopted under this subsection. Challenges to emergency 2120
rules adopted under this subsection are subject to the time 2121
schedules provided in s. 120.56(5), Florida Statutes. 2122
(c) Emergency rules adopted under this section are exempt 2123
from s. 120.54(4)(c), Florida Statutes, and shall remain in 2124
effect until replaced by rules adopted under the nonemergency 2125
rulemaking procedures of the Administrative Procedures Act. By 2126
January 1, 2018, the department and the applicable boards shall 2127
initiate nonemergency rulemaking pursuant to the Administrative 2128
Procedures Act to replace all emergency rules adopted under this 2129
section by publishing a notice of rule development in the 2130
Florida Administrative Register. Except as provided in paragraph 2131
(a), after January 1, 2018, the department and applicable boards 2132
may not adopt rules pursuant to the emergency rulemaking 2133
procedures provided in this section. 2134
(2) CAUSE OF ACTION.— 2135
(a) As used in s. 29(d)(3), Article X of the State 2136
Constitution, the term: 2137
1. “Issue regulations” means the filing by the department 2138
of a rule or emergency rule for adoption with the Department of 2139
State. 2140
2. “Judicial relief” means an action for declaratory 2141
judgment pursuant to chapter 86, Florida Statutes. 2142
(b) The venue for actions brought against the department 2143
pursuant to s. 29(d)(3), Article X of the State Constitution 2144
shall be in the circuit court in and for Leon County. 2145
(c) If the department is not issuing patient and caregiver 2146
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identification cards or licensing medical marijuana treatment 2147
centers by October 3, 2017, the following shall be a defense to 2148
a cause of action brought under s. 29(d)(3), Article X of the 2149
State Constitution: 2150
1. The department is unable to issue patient and caregiver 2151
identification cards or license medical marijuana treatment 2152
centers due to litigation challenging a rule as an invalid 2153
exercise of delegated legislative authority or unconstitutional. 2154
2. The department is unable to issue patient or caregiver 2155
identification cards or license medical marijuana treatment 2156
centers due to a rule being held as an invalid exercise of 2157
delegated legislative authority or unconstitutional. 2158
Section 15. Department of Law Enforcement; training related 2159
to medical use of marijuana.-The Department of Law Enforcement 2160
shall develop a 4-hour online initial training course, and a 2-2161
hour online continuing education course, which shall be made 2162
available for use by all law enforcement agencies in this state. 2163
Such training shall cover the legal parameters of marijuana-2164
related activities governed by ss. 381.986 and 381.988, Florida 2165
Statutes, relating to criminal laws governing marijuana. 2166
Section 16. Section 385.212, Florida Statutes, is amended 2167
to read: 2168
385.212 Powers and duties of the Department of Health; 2169
Office of Medical Marijuana Compassionate Use.— 2170
(1) The Department of Health shall establish an Office of 2171
Medical Marijuana Compassionate Use under the direction of the 2172
Deputy State Health Officer. 2173
(2) The Office of Medical Marijuana Compassionate Use may 2174
enhance access to investigational new drugs for Florida patients 2175
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through approved clinical treatment plans or studies. The Office 2176
of Medical Marijuana Compassionate Use may: 2177
(a) Create a network of state universities and medical 2178
centers recognized pursuant to s. 381.925. 2179
(b) Make any necessary application to the United States 2180
Food and Drug Administration or a pharmaceutical manufacturer to 2181
facilitate enhanced access to medical compassionate use of 2182
marijuana for Florida patients. 2183
(c) Enter into any agreements necessary to facilitate 2184
enhanced access to medical compassionate use of marijuana for 2185
Florida patients. 2186
(3) The department may adopt rules necessary to implement 2187
this section. 2188
(4) The Office of Medical Marijuana Use shall administer 2189
and enforce s. 381.986. 2190
Section 17. If any provision of this act or its application 2191
to any person or circumstance is held invalid, the invalidity 2192
does not affect other provisions or applications of this act 2193
which can be given effect without the invalid provision or 2194
application, and to this end the provisions of this act are 2195
severable. 2196
Section 18. The Division of Law Revision and Information is 2197
directed to replace the phrase “the effective date of this act” 2198
wherever it occurs in this act with the date the act becomes a 2199
law. 2200
Section 19. (1) For the 2017-2018 fiscal year, 55 full-time 2201
equivalent positions, with associated salary rate of 2,198,860, 2202
are authorized and the sums of $3.5 million in nonrecurring 2203
funds from the General Revenue Fund and $4,055,292 in recurring 2204
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funds and $1,238,148 in nonrecurring funds from the Grants and 2205
Donations Trust Fund are appropriated to the Department of 2206
Health for the purpose of implementing the requirements of this 2207
act. Of the funds appropriated, $3,158,572 in recurring funds 2208
and $1,238,148 in nonrecurring funds from the Grants and 2209
Donations Trust Fund and 27 full-time equivalent positions shall 2210
be placed in reserve. The Department of Health is authorized to 2211
submit budget amendments requesting the release of funds being 2212
held in reserve pursuant to chapter 216, Florida Statutes 2213
contingent upon need and demonstration of fee collections to 2214
support the budget authority. 2215
(2) For the 2017-2018 fiscal year, the sum of $500,000 in 2216
nonrecurring funds from the General Revenue Fund is appropriated 2217
to the Department of Health to implement the statewide cannabis 2218
and marijuana education and illicit use prevention campaign 2219
established under s. 381.989, Florida Statutes. 2220
(3) For the 2017-2018 fiscal year, the sum of $5 million in 2221
nonrecurring funds from the Highway Safety Operating Trust Fund 2222
are appropriated to the Department of Highway Safety and Motor 2223
Vehicles to implement the statewide impaired driving education 2224
campaign established under s. 381.989, Florida Statutes. 2225
(4) For the 2017-2018 fiscal year, the sum of $100,000 in 2226
recurring funds from the Highway Safety Operating Trust Fund is 2227
appropriated to the Department of Highway Safety and Motor 2228
Vehicles for the purpose of training additional law enforcement 2229
officers as drug recognition experts. 2230
(5) For the 2017-2018 fiscal year, the sum of $750,000 in 2231
nonrecurring funds from the General Revenue Fund is provided for 2232
the Coalition for Medicinal Cannabis Research and Education at 2233
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the H. Lee Moffitt Cancer Center and Research Institute, Inc., 2234
to conduct medical cannabis research. 2235
Section 20. This act shall take effect upon becoming a law. 2236