Florida Senate - 2021 SB 1958



By Senator Rodrigues





27-01439A-21 20211958__
1 A bill to be entitled
2 An act relating to the regulation of medical
3 marijuana; amending s. 381.986, F.S.; defining the
4 term “potency”; prohibiting qualified physicians from
5 engaging in certain advertising for their practices
6 relating to marijuana for medical use; providing
7 exceptions; prohibiting medical marijuana treatment
8 centers and certain other individuals and entities
9 from employing qualified physicians or having direct
10 or indirect economic interests in qualified physician
11 practices and medical marijuana testing laboratories;
12 requiring medical marijuana treatment centers to
13 measure carbon dioxide emissions produced by growing
14 marijuana; requiring medical marijuana treatment
15 centers to publish the data on their websites in a
16 specified manner; revising a provision relating to the
17 potency of tetrahydrocannabinol in edibles dispensed
18 by a medical marijuana treatment center; authorizing
19 the Department of Health to select and test marijuana
20 samples, rather than only edible samples, from
21 cultivation, processing, and dispensing facilities;
22 authorizing the department to select samples of
23 marijuana delivery devices from dispensing facilities
24 to determine that they are safe for use by qualified
25 patients; requiring medical marijuana treatment
26 centers to recall all marijuana, rather than only
27 edibles, under certain circumstances; revising
28 advertising requirements for medical marijuana
29 treatment centers to prohibit radio and television
30 advertising; authorizing the department and certain
31 employees to acquire, possess, test, transport, and
32 lawfully dispose of marijuana; deleting a requirement
33 that a second physician evaluate a qualified patient
34 younger than 18 years of age and concur with certain
35 determinations made by the qualified physician
36 regarding the patient’s medical use of marijuana;
37 prohibiting qualified physicians from issuing
38 physician certifications to qualified patients under
39 18 years of age for marijuana other than low-THC
40 cannabis, with an exception; revising provisions
41 related to supply and potency limits for marijuana;
42 prohibiting qualified physicians from issuing
43 physician certifications for marijuana that exceeds
44 certain potency limits, with an exception; revising
45 potency limits for edibles; conforming dispensing
46 requirements to changes made by the act; revising the
47 supply amount a qualified patient or a qualified
48 patient’s caregiver may possess at any given time;
49 amending s. 381.988, F.S.; authorizing the department
50 and certain employees to acquire, possess, test,
51 transport, and lawfully dispose of marijuana;
52 prohibiting certified medical marijuana testing
53 laboratories and their officers, directors, and
54 employees from having economic interests in or
55 financial relationships with medical marijuana
56 treatment centers; providing construction; providing
57 effective dates.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Present paragraphs (l) through (o) of subsection
62 (1) of section 381.986, Florida Statutes, are redesignated as
63 paragraphs (m) through (p), respectively, a new paragraph (l) is
64 added to subsection (1), paragraph (d) is added to subsection
65 (3), paragraph (i) is added to subsection (14) of that section,
66 and paragraph (a) of subsection (3) and paragraphs (e) and (h)
67 of subsection (8) of that section are amended, to read:
68 381.986 Medical use of marijuana.—
69 (1) DEFINITIONS.—As used in this section, the term:
70 (l) “Potency” means the relative strength of cannabinoids
71 and the total amount in milligrams of tetrahydrocannabinol as
72 the sum of (delta-9-tetrahydrocannabinol + (0.877 x
73 tetrahydrocannabinolic acid + delta-8-tetrahydrocannabinol)) and
74 cannabidiol as the sum of (cannabidiol + (0.877 x cannabidiolic
75 acid)) in the final product dispensed to a patient or caregiver.
76 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
77 (a) Before being approved as a qualified physician, as
78 defined in paragraph (1)(m), and before each license renewal, a
79 physician must successfully complete a 2-hour course and
80 subsequent examination offered by the Florida Medical
81 Association or the Florida Osteopathic Medical Association which
82 encompass the requirements of this section and any rules adopted
83 hereunder. The course and examination shall be administered at
84 least annually and may be offered in a distance learning format,
85 including an electronic, online format that is available upon
86 request. The price of the course may not exceed $500. A
87 physician who has met the physician education requirements of
88 former s. 381.986(4), Florida Statutes 2016, before June 23,
89 2017, shall be deemed to be in compliance with this paragraph
90 from June 23, 2017, until 90 days after the course and
91 examination required by this paragraph become available.
92 (d) With respect to his or her practice relating to
93 marijuana for medical use under this section, a qualified
94 physician may not engage in radio or television advertising or
95 advertising that is visible to members of the public from any
96 street, sidewalk, park, or other public place, except:
97 1. The qualified physician’s practice may have a sign that
98 is affixed to the outside or hanging in the window of the
99 premises which identifies the qualified physician, a department
100 approved practice name, or a department-approved logo. A
101 qualified physician’s practice name and logo may not contain
102 wording or images commonly associated with marketing targeted
103 toward children or which promote the recreational use of
104 marijuana.
105 2. A qualified physician may engage in Internet advertising
106 and marketing for his or her practice under the following
107 conditions:
108 a. All advertisements must be approved by the department.
109 b. An advertisement may not have any content that
110 specifically targets individuals under the age of 18, including
111 cartoon characters or similar images.
112 c. An advertisement may not be an unsolicited pop-up
113 advertisement.
114 d. Opt-in marketing must include an easy and permanent opt
115 out feature.
116 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
117 (e) A licensed medical marijuana treatment center shall
118 cultivate, process, transport, and dispense marijuana for
119 medical use. A licensed medical marijuana treatment center may
120 not contract for services directly related to the cultivation,
121 processing, and dispensing of marijuana or marijuana delivery
122 devices, except that a medical marijuana treatment center
123 licensed pursuant to subparagraph (a)1. may contract with a
124 single entity for the cultivation, processing, transporting, and
125 dispensing of marijuana and marijuana delivery devices. A
126 licensed medical marijuana treatment center must, at all times,
127 maintain compliance with the criteria demonstrated and
128 representations made in the initial application and the criteria
129 established in this subsection. Upon request, the department may
130 grant a medical marijuana treatment center a variance from the
131 representations made in the initial application. Consideration
132 of such a request shall be based upon the individual facts and
133 circumstances surrounding the request. A variance may not be
134 granted unless the requesting medical marijuana treatment center
135 can demonstrate to the department that it has a proposed
136 alternative to the specific representation made in its
137 application which fulfills the same or a similar purpose as the
138 specific representation in a way that the department can
139 reasonably determine will not be a lower standard than the
140 specific representation in the application. A variance may not
141 be granted from the requirements in subparagraph 2. and
142 subparagraphs (b)1. and 2.
143 1. A licensed medical marijuana treatment center may
144 transfer ownership to an individual or entity who meets the
145 requirements of this section. A publicly traded corporation or
146 publicly traded company that meets the requirements of this
147 section is not precluded from ownership of a medical marijuana
148 treatment center. To accommodate a change in ownership:
149 a. The licensed medical marijuana treatment center shall
150 notify the department in writing at least 60 days before the
151 anticipated date of the change of ownership.
152 b. The individual or entity applying for initial licensure
153 due to a change of ownership must submit an application that
154 must be received by the department at least 60 days before the
155 date of change of ownership.
156 c. Upon receipt of an application for a license, the
157 department shall examine the application and, within 30 days
158 after receipt, notify the applicant in writing of any apparent
159 errors or omissions and request any additional information
160 required.
161 d. Requested information omitted from an application for
162 licensure must be filed with the department within 21 days after
163 the department’s request for omitted information or the
164 application shall be deemed incomplete and shall be withdrawn
165 from further consideration and the fees shall be forfeited.
166
167 Within 30 days after the receipt of a complete application, the
168 department shall approve or deny the application.
169 2. A medical marijuana treatment center, and any individual
170 or entity who directly or indirectly owns, controls, or holds
171 with power to vote 5 percent or more of the voting shares of a
172 medical marijuana treatment center, may not acquire direct or
173 indirect ownership or control of any voting shares or other form
174 of ownership of any other medical marijuana treatment center.
175 3. A medical marijuana treatment center and any individual
176 or entity that directly or indirectly owns, controls, or holds
177 with power to vote 5 percent or more of the voting shares of a
178 medical marijuana treatment center may not employ a qualified
179 physician or have any direct or indirect economic interest in a
180 qualified physician’s practice or a marijuana testing
181 laboratory.
182 4. A medical marijuana treatment center may not enter into
183 any form of profit-sharing arrangement with the property owner
184 or lessor of any of its facilities where cultivation,
185 processing, storing, or dispensing of marijuana and marijuana
186 delivery devices occurs.
187 5.4. All employees of a medical marijuana treatment center
188 must be 21 years of age or older and have passed a background
189 screening pursuant to subsection (9).
190 6.5. Each medical marijuana treatment center must adopt and
191 enforce policies and procedures to ensure employees and
192 volunteers receive training on the legal requirements to
193 dispense marijuana to qualified patients.
194 7.6. When growing marijuana, a medical marijuana treatment
195 center:
196 a. May use pesticides determined by the department, after
197 consultation with the Department of Agriculture and Consumer
198 Services, to be safely applied to plants intended for human
199 consumption, but may not use pesticides designated as
200 restricted-use pesticides pursuant to s. 487.042.
201 b. Must grow marijuana within an enclosed structure and in
202 a room separate from any other plant.
203 c. Must inspect seeds and growing plants for plant pests
204 that endanger or threaten the horticultural and agricultural
205 interests of this the state in accordance with chapter 581 and
206 any rules adopted thereunder.
207 d. Must perform fumigation or treatment of plants, or
208 remove and destroy infested or infected plants, in accordance
209 with chapter 581 and any rules adopted thereunder.
210 e. Must measure the amount of carbon dioxide emissions
211 produced per kilogram of marijuana grown at the medical
212 marijuana treatment center and the total amount of carbon
213 dioxide emissions produced by marijuana grown at the medical
214 marijuana treatment center each month. Medical marijuana
215 treatment centers must publish this data on their websites on
216 the same page and in the same font size as their product
217 listings.
218 8.7. Each medical marijuana treatment center must produce
219 and make available for purchase at least one low-THC cannabis
220 product.
221 9.8. A medical marijuana treatment center that produces
222 edibles must hold a permit to operate as a food establishment
223 pursuant to chapter 500, the Florida Food Safety Act, and must
224 comply with all the requirements for food establishments
225 pursuant to chapter 500 and any rules adopted thereunder.
226 Edibles may not contain more than 200 milligrams of
227 tetrahydrocannabinol, and a single serving portion of an edible
228 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
229 may have a potency variance of no greater than 15 percent of the
230 10 milligrams of tetrahydrocannabinol per single serving limit
231 or 15 percent of the 200 milligrams of tetrahydrocannabinol per
232 product limit. Edibles may not be attractive to children; be
233 manufactured in the shape of humans, cartoons, or animals; be
234 manufactured in a form that bears any reasonable resemblance to
235 products available for consumption as commercially available
236 candy; or contain any color additives. To discourage consumption
237 of edibles by children, the department shall determine by rule
238 any shapes, forms, and ingredients allowed and prohibited for
239 edibles. Medical marijuana treatment centers may not begin
240 processing or dispensing edibles until after the effective date
241 of the rule. The department shall also adopt sanitation rules
242 providing the standards and requirements for the storage,
243 display, or dispensing of edibles.
244 10.9. Within 12 months after licensure, a medical marijuana
245 treatment center must demonstrate to the department that all of
246 its processing facilities have passed a Food Safety Good
247 Manufacturing Practices, such as Global Food Safety Initiative
248 or equivalent, inspection by a nationally accredited certifying
249 body. A medical marijuana treatment center must immediately stop
250 processing at any facility which fails to pass this inspection
251 until it demonstrates to the department that such facility has
252 met this requirement.
253 11.10. A medical marijuana treatment center that produces
254 prerolled marijuana cigarettes may not use wrapping paper made
255 with tobacco or hemp.
256 12.11. When processing marijuana, a medical marijuana
257 treatment center must:
258 a. Process the marijuana within an enclosed structure and
259 in a room separate from other plants or products.
260 b. Comply with department rules when processing marijuana
261 with hydrocarbon solvents or other solvents or gases exhibiting
262 potential toxicity to humans. The department shall determine by
263 rule the requirements for medical marijuana treatment centers to
264 use such solvents or gases exhibiting potential toxicity to
265 humans.
266 c. Comply with federal and state laws and regulations and
267 department rules for solid and liquid wastes. The department
268 shall determine by rule procedures for the storage, handling,
269 transportation, management, and disposal of solid and liquid
270 waste generated during marijuana production and processing. The
271 Department of Environmental Protection shall assist the
272 department in developing such rules.
273 13.d. A medical marijuana treatment center must test the
274 processed marijuana using a medical marijuana testing laboratory
275 before it is dispensed. Results must be verified and signed by
276 two medical marijuana treatment center employees. Before
277 dispensing, the medical marijuana treatment center must
278 determine that the test results indicate that low-THC cannabis
279 meets the definition of low-THC cannabis, the concentration of
280 tetrahydrocannabinol meets the potency requirements of this
281 section, the labeling of the concentration of
282 tetrahydrocannabinol and cannabidiol is accurate, and all