Office of Medical Marijuana Use Notice of Adoption
The Department of Health, Office of Medical Marijuana Use hereby provides notice that Regulation 1-1.01 below has been filed for adoption with the Department Agency Clerk and is effective as of July 3, 2017, pursuant to the Department's authority under Article X, Section 29, of the Florida Constitution. The Department previously provided notice of the proposed regulation in Vol. 43 No. 117, June 16, 2017 issue of the Florida Administrative Register.
1-1.01 Medical Marijuana for Debilitating Medical Conditions
(1) For the purposes of this chapter, in accordance with Article X, Section 29, Fla. Const., the following definitions shall apply:
(a) “Fla. SB 8-A (2017)” shall mean the enrolled version dated June 9, 2017 available at: https://www.flsenate.gov/Session/Bill/2017A/8A/BillText/er/PDF.
(b) “Medical Marijuana Treatment Center (MMTC)” shall have the meaning provided in Article X, Section 29, Fla. Const.
(c) “Caregiver” shall have the same meaning as provided in s. 381.986(1)(a), F.S. (2017) and must meet the requirements of s. 381.986(6), F.S. (2017) provided however, that a Caregiver shall not be required to complete the certification course provided in s. 381.986(6)(a)(5) F.S. (2017) until such course has been developed by the Department of Health.
(d) “Close Relative” shall have the same meaning as provided in s. 381.986(1)(c), F.S. (2017).
(e) “Medical use” shall have the same definition as medical use in s. 381.986(1)(j), F.S. (2017).
(f) “Qualified patient” shall mean a qualified patient as defined by s. 381.986(1)(l), F.S. (2017).
(g) “Qualifying debilitating medical condition” shall have the same meaning as a Qualifying Medical Condition as provided in s. 381.986(2), F.S. (2017).
(h) The 70 day supply limitation set forth in s. 381.986(8)(e)13.b., F.S. (2017), shall be an adequate supply for a qualifying patient’s medical use.
(i) “Qualified physician” has the same meaning as s. 381.986(1)(m), F.S. (2017). A qualified physician must meet the requirements of s. 381.986(3), F.S. (2017).
(j) “Physician certification” has the same meaning as s. 381.986(1)(k), F.S. (2017) and may be issued by a qualified physician pursuant to the requirements of s. 381.986(4), F.S. (2017).
(2) All MMTCs, physicians, patients, and caregivers must be registered in the online Compassionate Use Registry as required by Rule 64-4.009, F.A.C. All orders for medical marijuana must be entered into the registry for processing accordingly.
(3) All patients and caregivers must have a valid Compassionate Use Registry identification card to obtain medical marijuana or a medical marijuana delivery device as required by Rule 64-4.011, F.A.C.
(4) Each prospective caregiver shall present to Florida Department of Law Enforcement or one of its approved vendors for fingerprinting. At that time, a prospective caregiver shall provide the entity ORI number FL924890Z. The report will be sent directly to the Department of Health.
(5) Any entity that holds an active, unrestricted license to cultivate, process, transport, and dispense low-THC cannabis, medical cannabis, and cannabis delivery devices, under s. 381.986, F.S. (2016) shall be registered as an MMTC upon certification to the Department of Health that the prospective MMTC meets the requirements set forth in s. 381.986(8), F.S. (2017). If Fla. SB 8-A (2017) becomes law, the Department of Health shall immediately begin the process to implement regulations and or rules as necessary to register additional MMTCs pursuant to the requirements and limitations set forth in s. 381.986(8), F.S. (2017).
(6) All MMTCs shall be held to the representations made within its initial application for licensure and shall be subject to the operational and licensing requirements of s. 381.986(8), F.S. (2017). All MMTC’s are subject to the inspections and penalties set forth in s. 381.986(10), F.S. (2017)
(7) All MMTCs shall follow record keeping standards through a seed-to-sale tracking system as set forth in s. 381.986, F.S. (2017).
(8) All MMTCs shall abide by the security, product testing, labeling and safety standards set forth in s. 381.986, F.S (2017).
Regulation Authority Art. X, § 29(d), Fla. Const. History – New 7-3-17.
