THE BILL ITSELF
HB 719
Medical Use of Marijuana
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A bill to be entitled
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An act relating to medical use of marijuana; amending
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s. 381.986, F.S.; authorizing a patient prescribed
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certain opioid drugs to qualify to receive marijuana
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or a marijuana delivery device; requiring a qualified
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physician to conduct an in-person or telehealth
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examination before issuing or renewing a certification
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to a patient; requiring a qualified physician to
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submit certain documentation to the Board of Medicine
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or the Board of Osteopathic Medicine, as applicable,
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for patients prescribed certain opioid drugs; revising
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supply limits a qualified physician may issue and the
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frequency of patient evaluations required for issuance
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of a new physician certification; revising penalties;
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requiring medical marijuana use registry
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identification cards to be renewed biennially rather
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than annually; requiring the Department of Health to
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establish processes and procedures for the issuance
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and registration of medical marijuana use registry
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identification cards for certain nonresidents;
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authorizing visiting qualified patients to engage in
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in all conduct authorized for a qualified patient;
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requiring the waiver of certain fees for honorably
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discharged veterans; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (k) of subsection (2), paragraphs
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(a), (b), (f), (g), and (i) of subsection (4), and paragraphs (a) and (d) of subsection (7) of section 381.986, Florida
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Statutes, are amended to read:
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381.986 Medical use of marijuana.—
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(2) QUALIFYING MEDICAL CONDITIONS.—A patient must be
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diagnosed with at least one of the following conditions to
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qualify to receive marijuana or a marijuana delivery device:
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(k) Medical conditions of the same kind or class as or
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comparable to those enumerated in paragraphs (a)-(j) or for
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which the patient has been prescribed an opioid drug listed as a
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Schedule II controlled substance in s. 893.03 or 21 U.S.C. s.
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812.
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(4) PHYSICIAN CERTIFICATION.—
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(a) A qualified physician may issue a physician
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certification only if the qualified physician:
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1. Conducted an examination of the patient and a full
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assessment of the medical history of the patient. Before issuing
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a an initial certification to a patient or renewing a
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certification, the qualified physician must conduct an in-person
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physical examination of the patient or an. For certification
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renewals, a qualified physician who has issued a certification
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to a patient after conducting an in-person physical examination
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may conduct subsequent examinations of that patient through
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telehealth as defined in s. 456.47. For the purposes of this
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subparagraph, the term "in-person physical examination" means an
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examination conducted by a qualified physician while the
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physician is physically present in the same room as the patient.
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2. Diagnosed the patient with at least one qualifying
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medical condition.
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3. Determined that the medical use of marijuana would
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likely outweigh the potential health risks for the patient, and
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such determination must be documented in the patient's medical
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record. If a patient is younger than 18 years of age, a second
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physician must concur with this determination, and such
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concurrence must be documented in the patient's medical record.
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4. Determined whether the patient is pregnant and
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documented such determination in the patient's medical record. A
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physician may not issue a physician certification, except for
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low-THC cannabis, to a patient who is pregnant.
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5. Reviewed the patient's controlled drug prescription
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history in the prescription drug monitoring program database
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established pursuant to s. 893.055.
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6. Reviews the medical marijuana use registry and
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confirmed that the patient does not have an active physician
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certification from another qualified physician.
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7. Registers as the issuer of the physician certification
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for the named qualified patient on the medical marijuana use
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registry in an electronic manner determined by the department,
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and:
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a. Enters into the registry the contents of the physician
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certification, including the patient's qualifying condition and
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the dosage not to exceed the daily dose amount determined by the
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department, the amount and forms of marijuana authorized for the
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patient, and any types of marijuana delivery devices needed by
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the patient for the medical use of marijuana.
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b. Updates the registry within 7 days after any change is
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made to the original physician certification to reflect such
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change.
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c. Deactivates the registration of the qualified patient
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and the patient's caregiver when the physician no longer
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recommends the medical use of marijuana for the patient.
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8. Obtains the voluntary and informed written consent of
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the patient for medical use of marijuana each time the qualified
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physician issues a physician certification for the patient,
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which shall be maintained in the patient's medical record. The
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patient, or the patient's parent or legal guardian if the
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patient is a minor, must sign the informed consent acknowledging
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that the qualified physician has sufficiently explained its
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content. The qualified physician must use a standardized
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informed consent form adopted in rule by the Board of Medicine
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and the Board of Osteopathic Medicine, which must include, at a
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minimum, information related to:
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a. The Federal Government's classification of marijuana as
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a Schedule I controlled substance.
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b. The approval and oversight status of marijuana by the
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Food and Drug Administration.
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c. The current state of research on the efficacy of
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marijuana to treat the qualifying conditions set forth in this
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section.
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d. The potential for addiction.
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e. The potential effect that marijuana may have on a
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patient's coordination, motor skills, and cognition, including a
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warning against operating heavy machinery, operating a motor
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vehicle, or engaging in activities that require a person to be
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alert or respond quickly.
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f. The potential side effects of marijuana use, including
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the negative health risks associated with smoking marijuana.
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g. The risks, benefits, and drug interactions of
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marijuana.
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h. That the patient's deidentified health information
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contained in the physician certification and medical marijuana
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use registry may be used for research purposes.
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(b) If a qualified physician issues a physician
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certification for a qualified patient diagnosed with a
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qualifying medical condition pursuant to paragraph (2)(k), the
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physician must submit the following to the applicable board
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within 14 days after issuing the physician certification:
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1. Documentation supporting the qualified physician's
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opinion that the medical condition is of the same kind or class
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as the conditions in paragraphs (2)(a)-(j) or documentation that
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the patient was prescribed an opioid drug listed as a Schedule
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II controlled substance in s. 893.03 or 21 U.S.C. s. 812 for
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such condition.
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2. Documentation that establishes the efficacy of
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marijuana as treatment for the condition.
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3. Documentation supporting the qualified physician's
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opinion that the benefits of medical use of marijuana would
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likely outweigh the potential health risks for the patient.
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4. Any other documentation as required by board rule.
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The department must submit such documentation to the Consortium
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for Medical Marijuana Clinical Outcomes Research established
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pursuant to s. 1004.4351.
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(f) A qualified physician may not issue a physician
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certification for more than ten three 70-day supply limits of
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marijuana or more than 20 six 35-day supply limits of marijuana
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in a form for smoking. The department shall quantify by rule a
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daily dose amount with equivalent dose amounts for each
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allowable form of marijuana dispensed by a medical marijuana
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treatment center. The department shall use the daily dose amount
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to calculate a 70-day supply.
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1. A qualified physician may request an exception to the
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daily dose amount limit, the 35-day supply limit of marijuana in
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a form for smoking, and the 4-ounce possession limit of
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marijuana in a form for smoking established in paragraph
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(14)(a). The request shall be made electronically on a form
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adopted by the department in rule and must include, at a
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minimum:
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a. The qualified patient's qualifying medical condition.
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b. The dosage and route of administration that was
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insufficient to provide relief to the qualified patient.
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c. A description of how the patient will benefit from an
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increased amount.
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d. The minimum daily dose amount of marijuana that would
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be sufficient for the treatment of the qualified patient's
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qualifying medical condition.
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2. A qualified physician must provide the qualified
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patient's records upon the request of the department.
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3. The department shall approve or disapprove the request
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within 14 days after receipt of the complete documentation
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required by this paragraph. The request shall be deemed approved
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if the department fails to act within this time period.
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(g) A qualified physician must evaluate an existing
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qualified patient at least once every 104 30 weeks before
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issuing a new physician certification. A qualified physician who
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has issued a certification to the patient after conducting an
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in-person physical examination as defined in subparagraph (a)1.
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may conduct the evaluation through telehealth as defined in s.
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456.47. A physician must:
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1. Determine if the patient still meets the requirements
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to be issued a physician certification under paragraph (a).
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2. Identify and document in the qualified patient's
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medical records whether the qualified patient experienced either
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of the following related to the medical use of marijuana:
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a. An adverse drug interaction with any prescription or
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nonprescription medication; or
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b. A reduction in the use of, or dependence on, other
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types of controlled substances as defined in s. 893.02.
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3. Submit a report with the findings required pursuant to
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subparagraph 2. to the department. The department shall submit
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such reports to the Consortium for Medical Marijuana Clinical
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Outcomes Research established pursuant to s. 1004.4351.
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(i) The department shall monitor physician registration in
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the medical marijuana use registry and the issuance of physician
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certifications for practices that could facilitate unlawful
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diversion or misuse of marijuana or a marijuana delivery device
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and shall take disciplinary action as appropriate. The
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department may suspend the registration of a qualified physician
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in the medical marijuana use registry for a period of up to 2
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years if the qualified physician:
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1. fails to comply with this section; or
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2. Provides, advertises, or markets telehealth services
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before July 1, 2023.
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(7) IDENTIFICATION CARDS.—
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(a) The department shall issue medical marijuana use
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registry identification cards for qualified patients and
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caregivers who are residents of this state, which must be
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renewed biennially annually. The department shall establish
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processes and procedures for issuing medical marijuana use
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registry identification cards to, and registering as visiting
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qualified patients, nonresidents who are actively enrolled in
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the medical cannabis program of another jurisdiction recognized
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by the department within 1 business day. A visiting qualified
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patient may engage in all conduct authorized for a qualified
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patient. The identification cards must be resistant to
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counterfeiting and tampering and must include, at a minimum, the
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following:
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1. The name, address, and date of birth of the qualified
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patient or caregiver.
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2. A full-face, passport-type, color photograph of the
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qualified patient or caregiver taken within the 90 days
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immediately preceding registration or the Florida driver license
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or Florida identification card photograph of the qualified
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patient or caregiver obtained directly from the Department of
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Highway Safety and Motor Vehicles.
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3. Identification as a qualified patient or a caregiver.
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4. The unique numeric identifier used for the qualified
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patient in the medical marijuana use registry.
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5. For a caregiver, the name and unique numeric identifier
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of the caregiver and the qualified patient or patients that the
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caregiver is assisting.
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6. The expiration date of the identification card.
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(d) Applications for identification cards must be
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submitted on a form prescribed by the department. The department
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may charge a reasonable fee associated with the issuance,
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replacement, and renewal of identification cards. However, all
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such fees shall be waived for any veteran who was honorably
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discharged from the United States Armed Forces. The department
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shall allocate $10 of the identification card fee to the
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Division of Research at Florida Agricultural and Mechanical
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University for the purpose of educating minorities about
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marijuana for medical use and the impact of the unlawful use of
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marijuana on minority communities. The department shall contract
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with a third-party vendor to issue identification cards. The
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vendor selected by the department must have experience
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performing similar functions for other state agencies.
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Section 2. This act shall take effect July 1, 2026.