In accordance with section 120.545(3)(b)1., Florida Statutes, this rulemaking updates the Medical Marijuana Use Registry identification card applications rule for patients and their caregivers to reflect statutory changes and address the objections ...

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-4.011Medical Marijuana Use Registry Identification Cards

PURPOSE AND EFFECT: In accordance with section 120.545(3)(b)1., Florida Statutes, this rulemaking updates the Medical Marijuana Use Registry identification card applications rule for patients and their caregivers to reflect statutory changes and address the objections of the Joint Administrative Procedures Committee.

SUMMARY: This rulemaking replaces the phrase “compassionate use registry” with “medical marijuana use registry” and the term “legal representative” with “caregiver.” It amends the criteria for establishing residency in Florida for qualified patients and caregivers to conform to current statute and also includes technical changes to reflect the updated terms “marijuana”, “marijuana delivery device”, and “qualified physician.”

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 381.986(5)(h), (6)(h), (7)(c) FS

LAW IMPLEMENTED: 381.986(5), (6), (7) FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Courtney Coppola at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64-4.011 Medical Marijuana Use Registry Identification Cards.

(1) All patients and caregivers legal representatives are required to have a valid Medical Marijuana Compassionate Use Registry identification card to obtain low-THC cannabis, medical marijuana cannabis, or a marijuana cannabis delivery device.

(2) To apply for a patient Medical Marijuana Compassionate Use Registry identification card, a person must:

(a) Be a Florida resident, as evidenced by the following:

1. An adult resident must provide proof of residency as specified in section 381.986(5)(b)1., Florida Statutes. a copy of a valid Florida driver’s license or identification card; 

2. An adult seasonal resident must provide either proof of residency under subparagraph 1. above or provide a copy of two documents as specified in section 381.986(5)(b)2., Florida Statutes. a utility bill in the person’s name including a Florida address; or a Florida voter registration. The name and address on the document provided for proof of residency must match the name and address provided in the application.

3. To establish Florida residency for Mminor patients must provide proof of residency and have a parent or legal guardian as specified in section 381.986(5)(b)3., Florida Statutes. , proof of residency of the parent or designated legal representative must be provided,

For all proofs of residency, tThe name and address on the document(s) provided for proof of residency must match the name and address provided in the application.

(b) Be a qualified patient who has been added to the Medical Marijuana Compassionate Use Registry, by a qualified an authorized physician licensed under Chapter 458 or Chapter 459, to receive low-THC cannabis, medical marijuana cannabis, or a marijuana cannabis delivery device from a medical marijuana treatment center dispensing organization, and

(c) Submit DH8009-OCU-03/201810/2016, “Medical Marijuana Compassionate Use Registry Identification Card Qualified Patient Application,” which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07855.

(3) To apply for a caregivers legal representatives Medical Marijuana Compassionate Use Registry identification card, a person must submit DH8010-OCU-03/201810/2016, “Medical Marijuana Compassionate Registry Identification Card Caregiver legal representatives Application,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07856.

(4) In order for a minor patient to receive a patient Medical Marijuana Compassionate Use Registry identification card, the minor patient must reside in Florida and have a caregiver legal representatives designated in his or her application and in the online Medical Marijuana Compassionate Use Registry.

(5) through (6) No change.

(7) If there is no initial order by the patient’s qualified authorized physician at the time of the approval of the patient or caregiver’s legal representatives Medical Marijuana Compassionate Use Registry identification card, the Department will provide a temporary verification email which may be printed and used, with a photo ID, to obtain low-THC cannabis, medical marijuana cannabis, or a marijuana cannabis delivery device until the patient or caregiver legal representatives receives the Medical Marijuana Compassionate Use Registry identification card.

(8) To maintain an active Medical Marijuana Compassionate Use Registry identification card, a patient and/or caregiver legal representatives must annually submit DH8009-OCU-03/201810/2016 and/or DH8010-OCU-03/201810/2016, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date.

(9) When there has been a change in the patient’s name, address, or designated caregiver legal representatives, that patient must notify the department within ten (10) days by submitting a completed “Change, Replacement or Surrender Request,” DH8012-OCU-03/201810/2016, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07858, along with a $15 replacement fee in the form of a check or money order payable to the Department of Health. A patient who has not designated a caregiver legal representatives at the time of application to the department may do so in writing at any time during the effective period of the patient’s registry identification card.

(10) through (11) No change.

(12) The department may revoke a Medical Marijuana Compassionate Use Registry identification card for any of the following:

(a) The patient or caregiver legal representatives makes material misrepresentations in his or her application;

(b) The patient uses his or her card to obtain marijuana cannabis for another individual;

(c) The caregiver legal representatives uses his or her card to obtain marijuana cannabis for an individual who has not designated them as their caregiver legal representatives or who is not a qualified patient;

(d) The patient or caregiver legal representatives purchases, obtains, possesses, or uses marijuana cannabis not sold by an approved dispensing organization; or

(e) The patient is no longer a qualified patient.  

Rulemaking Authority 381.986(5)(h), (6)(h), (7)(c)(f),(j) FS. Law Implemented 381.986(5), (6), (7), 499.0295 FS. History–New 2-19-17, Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Coppola

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 03/06/18