4396 Medical Marijuana moratorium Ordinance No. 4396
An ordinance of the City of Sanford, Florida establishing and
imposing a temporary moratorium on the dispensing of medical
cannabis to include, but not be limited to, medical marijuana
treatment centers within the City of Sanford; prohibiting any and all
dispensing of medical cannabis during the moratorium period for
any property located within the City of Sanford; providing for the
moratorium to extend to certain applications for development orders
and development permits relating to real property located in the City
Limits of the City of Sanford in order to allow an opportunity for the
City to develop goals, objectives and policies of the City's
Comprehensive Plan and amendments to the City's Land
Development Regulations, as appropriate, relating to the
development of design standards and related matters pertaining to
dispensing of medical cannabis as well as police power regulations;
providing for legislative and administrative findings; providing for
geographic area encompassed by the moratorium; providing for
development which is subject to moratorium; providing for possible
extension of moratorium; providing for an administrative remedy to
assert vested rights claims; providing for implementing
administrative actions; providing for a savings provision; providing
for non-codification as well as the correction of scrivener's errors;
providing for conflicts; providing for severability and providing for
an effective date.
Whereas, in 2014, the Florida Legislature passed the Compassionate Medical
Cannabis Act, which is codified as Section 381.986, Florida Statutes, which legalized
the cultivation, processing, and dispensing of certain "Low-THC Cannabis" to "qualified
patients" as defined by the Act; and
Whereas, in 2016, the Florida Legislature amended Section 381.986, Florida
Statutes, by modifying the definition of a "qualified patient" and added multiple new
regulations to the statutory scheme of regulation; and
Whereas, in November, 2016, the citizens of Florida voted to adopt an
amendment (Amendment 2)' to the Constitution of the State of Florida which
substantially broadens access to medical cannabis and one of the terms that was
included in that amendment was the following:
"Medical Marijuana Treatment Center" (MMTC) means an entity that
acquires, cultivates, possesses, processes (including development of
related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to qualifying patients or their caregivers and is registered by the
Department.
and;
Whereas, future constitutional amendments and legislation may further
expand the legal use of Cannabis in Florida; and
Whereas, it has been estimated that fewer than seven hundred (700) patients
were registered to receive the current marijuana products, but it has been reported that
State health officials estimate that at least five hundred thousand (500,000) patients
would be eligible for the treatment under the constitutional amendment that was
approved on November 8, 2016; and
Whereas, potential adverse impacts on the health, safety, morals and welfare
of residents and business from secondary effects associated with the distribution of
cannabis exist, potentially including: offensive odors, trespassing, robberies, theft, fire
hazards, increased crime, nuisance problems in and about cannabis dispensing
businesses and nearby businesses and places; and
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to non-medical uses exists and presents threats to the public health, safety, morals and
welfare; and
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Whereas, an overabundance of medical cannabis dispensing facilities to
include, but not be limited to, medical marijuana treatment centers, or the inappropriate
location of such facilities could affect the viability of such facilities, result in compliance
issues and increased regulatory costs, lead to the improper diversion of products, and
accentuate threats to the public health, safety, morals and welfare; and
Whereas, there is a need to adopt health, safety and welfare regulations to
avoid adverse impacts on the City which may arise from the distribution of cannabis at
medical cannabis dispensing facilities to include, but not be limited to, medical
marijuana treatment centers,; and
Whereas, an effective regulatory system governing the dispensing of
cannabis will address potential adverse impacts to the public health, welfare, morals
and safety consistent with Florida law; and
Whereas, it is the intent of the City Commission of the City of Sanford to
develop and enact reasonable restrictions intended to protect the public health, safety,
morals and welfare; and
Whereas, the City Commission of the City of Sanford has determined that it is
in the public interest to adopt this Ordinance pursuant to the City's police powers land
development regulatory powers and Section 381.986, Florida Statutes, as well as other
applicable state laws and provisions of the Constitution of the State of Florida, all to
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Whereas, inasmuch as the ballot initiative was adopted at the November 8,
2016 General Election, the Florida Department of Health will have six (6) months to
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establish regulations for the growing and distribution of this newly expanded cannabis
amendment to the Constitution of the State of Florida; and
Whereas, numerous local government jurisdictions throughout the State of
Florida are establishing a temporary moratorium on medical cannabis activities until
recommendations can be made for appropriate zoning and land development
regulations as well as police power regulations to be established which process is time
consuming and will cause a drain of resources upon City staff; and
Whereas, other jurisdictions have regulated the dispensing of cannabis by
limiting the number and locations of such cannabis dispensing businesses to reduce
threats to the public health, safety, morals and welfare while other jurisdictions that plan
to allow cannabis dispensing businesses facilities to include, but not be limited to,
medical marijuana treatment centers, have implemented regulatory and enforcement
systems that address the adverse impacts that cannabis dispensing businesses could
pose to public safety, health, morals and welfare; and
Whereas, the City Council of the City of Sanford finds that due to the
subsequent revision of Section 381.986, Florida Statutes, in 2016 and the enactment of
the amendment to the Constitution of the State of Florida to allow for medical cannabis,
the City should put in place a temporary moratorium on dispensing medical cannabis
facilities to include, but not be limited to, medical marijuana treatment centers, in order
to have adequate time and to devote necessary resources to analyze whether changes
to zoning and land development regulations as well as police power regulations should
be enacted and in order to ensure compliance with controlling State law such as the
forthcoming Florida Department of Health regulations; and
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Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes, and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford:
Section 1. Legislative and Administrative Findings.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). The foregoing recitals (whereas clauses) are hereby ratified, affirmed and
confirmed as being true and correct and are hereby made a part of this Ordinance.
Section 2. Definitions.
(1). The definitions set forth in Section 381.986, Florida Statutes, are
applicable to the provisions of this Ordinance."
(2). The definitions set forth in Amendment 2 to the Constitution of the State of
Florida, as approved by the electors of Florida at the November 8, 2016 General
Election, are applicable to the provisions of this Ordinance to include, but not be limited
to the definition of"medical marijuana treatment center".
Section 3. Study And Review Process.
(a). During the temporary moratorium period designated in Section 4 of this
Ordinance, the City staff, including the Planning and Development Services Department
' staff and the Police Chief and his departmental personnel are hereby
directed to study
controlling State law regarding medical cannabis to include, but not be limited to, those
related to medical marijuana treatment centers, to determine the impact upon the
health, safety, morals and welfare of the residents and businesses of the City of
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Sanford. Additionally, City staff shall monitor the regulations adopted by the Florida
Department of Health, as they relate to medical cannabis, to ensure consistency with
the code and ordinances of the City and to develop land development and police power
regulations to address potential impacts upon the City and its citizens.
(b). The essential purpose of such a review and study by the City staff is to
develop and propose to the City Commission amendments to the City's codes and
ordinances as may be necessary and appropriate to protect the City and its citizens
from potential adverse effects and impacts relating to medical cannabis.
Section 4. Imposition Of Temporary Moratorium.
(a). All activity relating to the acceptance, review and action upon
development applications of any nature relating to dispensing medical cannabis, to
include, but not be limited to, medical marijuana treatment centers, is temporarily
suspended in order for the City to have the time and opportunity necessary to complete
design and development standards, land use compatibility requirements, approval
processes and procedures, and any and all other planning and land use matters and all
other activities related to the dispensing of medical cannabis within the City to include,
as may be necessary and appropriate, but not to limited to, amendment of the City's
Comprehensive Plan and Land Development Regulations as well as the police power
codes and ordinances of the City. Until the effective date of an ordinance establishing a
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amended land development.a,. �.��� u,�� �.,,,rt.,� ,
p regulations or police power co es an or mances
concerning dispensing medical cannabis, under any scenario, or until one hundred and
eighty (180) days from the effective date of this Ordinance, whichever date is earlier, no
permits shall be issued to allow the dispensing of medical cannabis to include, but not
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be limited to, medical marijuana treatment centers. Furthermore, in the event that any
application for the dispensing of medical cannabis or related activities to include, but not
be limited to, medical marijuana treatment centers, may be pending, such applications
shall be abated, and no new applications for such permits or activities shall be accepted
or processed during the moratorium period or until one hundred and eighty (180) days
from the effective date of this Ordinance, whichever date is earlier, no permits shall be
issued to allow the dispensing of medical cannabis. Furthermore, in the event that any
application for the dispensing of medical cannabis or related activities may be pending,
such applications shall be abated, and no new applications for such permits or activities
shall be accepted or processed during the moratorium period.
(b). Based upon the legislative findings, purpose, and intent set forth herein,
there is hereby imposed a temporary moratorium on all the dispensing of medical
cannabis within the City Limits of the City to include, but not be limited to, actions
relating to medical marijuana treatment centers.
(c). During the time that the moratorium imposed by this Ordinance is in effect,
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no applications for development approval or any similar activities will be accepted with
regard to the dispensing of medical cannabis to include, but not be limited to, medical
marijuana treatment centers, within the City Limits of the City.
Section 5. Geographic Area Covered.
This Ord
inance applies to all areas within the City Limits of the City of Sanford.
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Section 6. Development Subject to Moratorium.
(a). The moratorium imposed by the provisions of the Ordinance includes, but
is not limited to, the land use applications for development approval relating to the
dispensing of medical cannabis to include, but not be limited to, medical marijuana
treatment centers.
(b). If a property owner or owners asserts that a development application
proposed by the property owner or owners is not subject to the moratorium imposed by
the provisions of the Ordinance, the provisions of the City's Land Development
Regulations relating to administrative interpretations shall apply.
Section 7. Duration of Moratorium.
(a). The temporary moratorium established by this Ordinance shall take effect
immediately upon the effective date of this Ordinance and shall terminate one hundred
and eighty (180) days after the said effective date.
(b). No applications for development approvals subject to the moratorium will
be accepted by the City until the moratorium has expired.
(c). The temporary moratorium set forth in this Ordinance shall expire prior to
the termination date set forth herein if the City Commission adopts amendments to the
City's Land Development Regulations that protect the health, safety, morals and welfare
of the residentsofthe Cit o�� a.. ���o �,.ee.� ... �.a
City ofSanford relating to the regulation of the dispensing of
medical cannabis to include, but not be limited to, medical marijuana treatment centers.
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Section 8. Time Extension of Moratorium.
The City Commission may extend the moratorium set forth in this Ordinance by
the adoption of a resolution, but only one (1) time, and only for a period not to exceed
one hundred and eighty (180) days upon a legislative finding being made by the City
Commission and set forth in the resolution that the regulatory and planning issues
giving rise to the need for the moratorium imposed by this Ordinance still exist and that
reasonable progress is being made in carrying out a specific and prompt plan of
regulatory action, but that additional time is needed to adequately address the land use
issues facing the City and police power issues facing the City.
Section 9. Administrative/Quasi-Judicial Review Procedures.
(a). The owner or owners of real property or his, her, its or their expressly
authorized agent may request a determination of vested rights by paying the application
fee therefor and filing a technically complete application with the City Manager or
designee.
(b). The application form shall, at a minimum, contain the following
information:
(1). The name and address of the applicant who shall be the owner or all
owners of the subject parcel of real property or a person expressly authorized to apply
on behalf of the property owner or.o.
wners.
(2). A legal description, current tax parcel identification number and survey or
a sketch of the real property which is the subject of the application.
(3). The name and address of each owner or the real property.
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(4). A site or development plan or plat for the real property.
(5). Identification by specific reference to any ordinance, resolution or other
action of the City or failure to act by the City, upon which the applicant relied and which
the applicant believes supports the applicant's position.
(6). A statement of fact which the applicant intends to prove in support of the
application that vested rights exist. The application shall fully articulate the legal basis
for being allowed to proceed with development relating to the dispensing of medical
cannabis notwithstanding the moratorium imposed in this Ordinance.
(7). Such other relevant information that the City Manager, or designee, may
request or the applicant may desire to have initially considered.
(c). The application shall provide a sworn statement to be executed by all
owners of the real property or an authorized agent that all information set forth on the
application is true and correct.
(d). The City Manager, or designee, shall screen each application for a vested
rights determination to determine whether the application is technically complete. The
sufficiency determination shall be made within fourteen (14) calendar days after receipt
of an application. If not technically complete, the application shall be promptly returned
to the applicant. A technically incomplete application shall be returned to the applicant
with written notification of the deficient items not provided as required by this Ordinance
and'the applicant shall be granted fourteen (1,4) additional calendar days to complete
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this application. If a response is not submitted to the City Manager, or designee, within
the time specified the application shall be deemed abandoned.
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(e). Upon the City Manager, or designee, accepting a technically complete
application, for which the application fee has been submitted, the City Commission shall
review the application and hold a public hearing and make a final determination within
twenty-one (21) calendar days as to whether or not it has been clearly and convincingly
demonstrated that the real property subject to the application has vested status. Within
seven (7) calendar days after making a final determination of vested rights status, the
City Commission shall provide the applicant with written notification of the determination
of vested rights status. If the City Commission determines that vested rights exist and
that development may proceed, the applicant shall have the right to rely upon such
written notification that the real property is vested and the determination that the real
property is vested shall be final and not subject to appeal, revocation or modification.
Thereupon, permits for the dispensing of medical cannabis cannabis to include, but not
be limited to, medical marijuana treatment centers, may be granted notwithstanding the
moratorium established in this Ordinance.
(f). At the hearing, the applicant shall present all of its, their, his or her
evidence in support of the application. The technical rules of evidence in judicial
proceedings shall not be applicable, but all testimony given shall be under oath.
(g). The City Commission's decision to grant or determine vested rights status
shall be final subject, however, to appeal in accordance with State law.
(h). Decisions made by the City Commission pursuant to this Ordinance may
be appealed by the real property owner or owners to the Circuit Court in and for
Seminole County, Florida.
Section 10. Implementing Administrative Actions.
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(a). The City Manager is hereby authorized and directed to implement the
provisions of this Ordinance by the promulgation of rules and the development and
usage of forms and processes all as may be deemed necessary or appropriate by the
City Manager.
(b). The City Manager and City Attorney are also hereby authorized and
directed to generally implement the provisions of this Ordinance and to take any and all
necessary administrative actions to bring into effect the provisions of this Ordinance in
accordance with controlling law as such officers may deem appropriate in their
respective roles and functions under the City of Sanford City Charter.
Section 11. Savings.
The prior actions of the City of Sanford in terms of the matters relating to the
regulation of illegal drugs, to include, but not be limited to, marijuana, as well as any and
all related matters, are hereby ratified and affirmed.
Section 12. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 13. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
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invalidate orimpair the validity, force or effect of any other section, sentence, p rase,
word, or portion of this Ordinance not otherwise to be invalid, unlawful, or
unconstitutional.
Section 14. Non-Codification.
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(a). The provisions of this Ordinance shall not be included and incorporated
within the Land Development Regulations of the City of Sanford, Florida, and neither the
Land Development Code nor the Code of Ordinances of the City of Sanford shall be
revised to accommodate such inclusion.
(b). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 15. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 23rd day of January, 2017.
Attest. City Commission f the City of
Sanford, Florida, minole County,
Florida.
Cynthia Porter, City Clerk Jeff Triplett, I a
Approved as to form and
Legality:
,y
William L. Colbert, Esquire
City Attorney
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'The amendment as laced on the ballot reads as f611ows.
BALLOT TITLE:Use of Marijuana for Debilitating Medical Conditions
BALLOT SUMMARY: Allows medical use of marijuana for individuals with debilitating medical conditions as
determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of marijuana. The
Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes
and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize
violations of federal law or any non-medical use,possession or production of marijuana.
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ARTICLE AND SECTION BEING CREATED OR AMENDED:Article X, Section 29
FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT:
ARTICLE X, SECTION 29.—Medical marijuana production,possession and use.
(a)PUBLIC POLICY.
(1)The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject
to criminal or civil liability or sanctions under Florida law.
(2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for issuing a
physician certification with reasonable care to a person diagnosed with a debilitating medical condition in
compliance with this section.
(3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or its agents or
employees, and in compliance with this section and Department regulations, shall not be subject to criminal or civil
liability or sanctions under Florida law.
(b)DEFINITIONS.For purposes of this section,the following words and terms shall have the following meanings:
(1) "Debilitating Medical Condition" means cancer, epilepsy, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder
(PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other
debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a
physician believes that the medical use of marijuana would likely outweigh the potential health risks-for a patient.
(2)"Department"means the Department of Health or its successor agency.
(3) "Identification card" means a document issued by the Department that identifies a qualifying patient or a
caregiver.
(4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition,
"Low-THC cannabis" as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be included in the
meaning of the term"marijuana."
(5) "Medical Marijuana Treatment Center" (MMTC) means an entity that acquires, cultivates, possesses, processes
(including development of related products such as food,tinctures,aerosols,oils,or ointments),transfers,transports,
sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their caregivers and is registered by the Department.
(6) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of an amount of
marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by
the caregiver's designated qualifying patient for the treatment of a debilitating medical condition.
(7)"Caregiver" means a person who is at least twenty-one(21)years old who has agreed to assist with a qualifying
patient's medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the
Department. The Department may limit the number of qualifying patients a caregiver may assist at one time and the
number of caregivers that a qualifying patient may have at one time. Caregivers are prohibited from consuming
marijuana obtained for medical use by the qualifying patient.
(8)"Physician"means a person who is licensed to practice medicine in Florida.
(9) "Physician certification" means a written document signed by a physician, stating that in the physician's
professional opinion, the patient suffers from a debilitating medical condition, that the medical use of marijuana
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would likely outweigh the potential health risks for the patient, and for how long the physician recommends the
medical use of marijuana for the patient. A physician certification may only be provided after the physician has
conducted a physical examination and a full assessment of the medical history of the patient.In order for a physician
certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing.
(10)"Qualifying patient"means a person who has been diagnosed to have a debilitating medical condition, who has
a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing
identification cards within nine(9)months after the effective date of this section,then a valid physician certification
will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the
Department begins issuing identification cards.
(c)LIMITATIONS.
(1)Nothing in this section allows for a violation of any law other than for conduct in compliance with the provisions
of this section.
(2)Nothing in this section shall affect or repeal laws relating to non-medical use, possession,production, or sale of
marijuana.
(3)Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.
(4)Nothing in this section shall permit the operation of any vehicle, aircraft,train or boat while under the influence
of marijuana.
(5)Nothing in this section requires the violation of federal law or purports to give immunity under federal law.
(6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any
correctional institution or detention facility or place of education or employment, or of smoking medical marijuana
in any public place.
(7) Nothing in this section shall require any health insurance provider or any government agency or authority to
reimburse any person for expenses related to the medical use of marijuana.
(8)Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice on the part of
a qualified patient,caregiver,physician,MMTC,or its agents or employees.
(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the
implementation and enforcement of this section.The purpose of the regulations is to ensure the availability and safe
use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a
timely fashion.
(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the
following regulations shall be promulgated no later than six(6)months after the effective date of this section:
certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor,
the Department must receive written consent from the minor's parent or legal guardian, in addition to the physician
certification.
b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background
checks,and procedures for the issuance and annual renewal of caregiver identification cards.
c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and
revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and
safety.
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d.A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for
qualifying patients' medical use, based on the best available evidence. This presumption as to quantity may be
overcome with evidence of a particular qualifying patient's appropriate medical use.
(2) Identification cards and registrations. The Department shall begin issuing qualifying patient and caregiver
identification cards, and registering MMTCs no later than nine(9)months after the effective date of this section.
(3)If the Department does not issue regulations,or if the Department does not begin issuing identification cards and
registering MMTCs within the time limits set in this section, any Florida citizen shall have standing to seek judicial
relief to compel compliance with the Department's constitutional duties.
(4)The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of
qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law
enforcement purposes.
(e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this
section.
(f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section
of this measure, or an application thereof, is adjudged invalid by a court of competent jurisdiction other provisions
shall continue to be in effect to the fullest extent possible.
Section 381.986,Florida Statutes,provides as follows:
Compassionate use of low-THC and medical cannabis.—
(1) DEFINITIONS.—As used in this section,the term:
(a) "Cannabis delivery device" means an object used, intended for use, or designed for use in preparing,
storing, ingesting, inhaling, or otherwise introducing low-THC cannabis or medical cannabis into the human
body.
�(b) "Dispensing organization" means an organization approved by the department to cultivate, process,
transport,and dispense low-THC cannabis or medical cannabis pursuant to this section.
(c) "Independent testing laboratory"means a laboratory, including the managers,employees,or contractors
of the laboratory,which has no direct or indirect interest in a dispensing organization.
(d) "Legal representative" means the qualified patient's parent, legal guardian acting pursuant to a court's
authorization as required under s. 744.3215(4),health care surrogate acting pursuant to the qualified patient's
written consent or a court's authorization as required under s. 765.113, or an individual who is authorized
under a power of attorney to make health care decisions on behalf of the qualified patient.
(e) "Low-THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8
percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight;the seeds
thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative,
mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing
organization.
(f) "Medical cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the
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derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing
organization for medical use by an eligible patient as defined in s.499.0295.
(g) "Medical use" means administration of the ordered amount of low-THC cannabis or medical cannabis.
The term does not include the:
1. Possession,use,or administration of low-THC cannabis or medical cannabis by smoking.
2. Transfer of low-THC cannabis or medical cannabis to a person other than the qualified patient for whom
it was ordered or the qualified patient's legal representative on behalf of the qualified patient.
3. Use or administration of low-THC cannabis or medical cannabis:
a. On any form of public transportation.
b. In any public place.
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c. In a qualified patient's place of employment,if restricted by his or her employer.
d. In a state correctional institution as defined in s. 944.02 or a correctional institution as defined in s.
944.241.
e. On the grounds of a preschool,primary school,or secondary school.
f. On a school bus or in a vehicle,aircraft,or motorboat.
(h) "Qualified patient" means a resident of this state who has been'added to the compassionate use registry
by a physician licensed under chapter 458 or chapter 459 to receive low-THC cannabis or medical cannabis
from a dispensing organization.
(i) "Smoking"means burning or igniting a substance and inhaling the smoke. Smoking does not include the
use of a vaporizer.
(2) PHYSICIAN ORDERING.—A physician is authorized to order low-THC cannabis to treat a qualified
patient suffering from cancer or a physical medical condition that chronically produces symptoms of seizures
or severe and persistent muscle spasms; order low-THC cannabis to alleviate symptoms of such disease,
disorder, or condition, if no other satisfactory alternative treatment options exist for the qualified patient;
order medical cannabis to treat an eligible patient as defined in s. 499.0295; or order a cannabis delivery
device for the medical use of low-THC cannabis or medical cannabis,only if the physician:
(a) Holds an active,unrestricted license as a physician under chapter 458 or an osteopathic physician under
chapter 459;
(b) Has treated the patient for at least 3 months immediately preceding the patient's registration in the
compassionate use registry;
(c) Has successfully completed the course and examination required under paragraph(4)(a);
(d) Has determined that the risks of treating the patient with low-THC cannabis or medical cannabis are
reasonable in light of the potential benefit to the patient. If a patient is younger than 18 years of age, a second
physician must concur with this determination, and such determination must be documented in the patient's
medical record;
(e) Registers as the orderer of low-THC cannabis or medical cannabis for the named patient on the
compassionate use registry maintained by the department and updates the registry to reflect the contents of
the order, including the amount of low-THC cannabis or medical cannabis that will provide the patient with
not more than a 45-day supply and a cannabis delivery device needed by the patient for the medical use of
low-THC cannabis or medical cannabis. The physician must also update the registry within 7 days after any
change is made to the original order to reflect the change. The physician shall deactivate the registration of
the patient and the patient's legal representative when treatment is discontinued;
(f) Maintains a patient treatment plan that includes the dose, route of administration,planned duration, and
monitoring of the patient's symptoms and other indicators of tolerance or reaction to the low-THC cannabis
or medical cannabis;
(g) Submits the patient treatment plan quarterly to the University of Florida College of Pharmacy for
research on the safety and efficacy of low-THC cannabis and medical cannabis on patients;
(h) Obtains the voluntary written informed consent of the patient or the patient's legal representative to
treatment with low-THC cannabis after sufficiently explaining the current state of knowledge in the medical
community of the effectiveness of treatment of the patient's condition with low-THC cannabis,the medically
acceptable alternatives,and the potential risks and side effects;
(i) Obtains written informed consent as defined in and required under s. 499.0295, if the physician is
ordering medical cannabis for an eligible patient pursuant to that section;and
(j) Is not a medical director employed by a dispensing organization.
"EN�iLT1" . .,, �.„
(a) A physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083,if the physician orders low-THC cannabis for a patient without a reasonable belief that the patient is
suffering from:
1. Cancer or a physical medical condition that chronically produces symptoms of seizures or severe and
persistent muscle spasms that can be treated with low-THC cannabis;or
2. Symptoms of cancer or a physical medical condition that chronically produces symptoms of seizures or
severe and persistent muscle spasms that can be alleviated with low-THC cannabis.
(b) A physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083,if the physician orders medical cannabis for a patient without a reasonable belief that the patient has
a terminal condition as defined in s.499.0295.
17111Lioe
(c) A person who fraudulently represents that he or she has cancer, a physical medical condition that
chronically produces symptoms of seizures or severe and persistent muscle spasms, or a terminal condition to
a physician for the purpose of being ordered low-THC cannabis, medical cannabis, or a cannabis delivery
device by such physician commits a misdemeanor of the first degree,punishable as provided in s. 775.082 or
s.775.083.
(d) An eligible patient as defined in s. 499.0295 who uses medical cannabis, and such patient's legal
representative who administers medical cannabis, in plain view of or in a place open to the general public,on
the grounds of a school, or in a school bus, vehicle, aircraft, or motorboat, commits a misdemeanor of the
first degree,punishable as provided in s. 775.082 or s.775.083.
(e) A physician who orders low-THC cannabis, medical cannabis, or a cannabis delivery device and
receives compensation from a dispensing organization related to the ordering of low-THC cannabis, medical
cannabis, or a cannabis delivery device is subject to disciplinary action under the applicable practice act and
s.456.072(1)(n).
(4) PHYSICIAN EDUCATION.-
(a) Before ordering low-THC cannabis,medical cannabis, or a cannabis delivery device for medical use by
a patient in this state, the appropriate board shall require the ordering physician to successfully complete an
8-hour course and subsequent examination offered by the Florida Medical Association or the Florida
Osteopathic Medical Association that encompasses the clinical indications for the appropriate use of low-
THC cannabis and medical cannabis, the appropriate cannabis delivery devices, the contraindications for
such use, and the relevant state and federal laws governing the ordering, dispensing, and possessing of these
substances and devices. The course and examination shall be administered at least annually. Successful
completion of the course may be used by a physician to satisfy 8 hours of the continuing medical education
requirements required by his or her respective board for licensure renewal. This course may be offered in a
distance learning format.
(b) The appropriate board shall require the medical director of each dispensing organization to hold an
active, unrestricted license as a physician under chapter 458 or as an osteopathic physician under chapter 459
and successfully complete a 2-hour course and subsequent examination offered by the Florida Medical
Association or the Florida Osteopathic Medical Association that encompasses appropriate safety procedures
and knowledge of low-THC cannabis,medical cannabis,and cannabis delivery devices.
(c) Successful completion of the course and examination specified in paragraph (a) is required for every
physician who orders low-THC cannabis, medical cannabis, or a cannabis delivery device each time such
physician renews his or her license. In addition, successful completion of the course and examination
specified in paragraph(b) is required for the medical director of each dispensing organization each time such
physician renews his or her license.
(d) A physician who fails to comply with this subsection and who orders low-THC cannabis, medical
cannabis, or a cannabis delivery device may be subject to disciplinary action under the applicable practice act
and under s.456.072(1)(k).
(5) DUTIES OF THE DEPARTMENT.-The department shall:
(a) Create and maintain a secure, electronic, and online compassionate use registry for the registration of
physicians,patients,and the legal representatives of patients as provided under this section. The registry must
be accessible to law enforcement agencies and to a dispensing organization to verify the authorization of a
patient or a patient's legal representative to possess low-THC cannabis, medical cannabis, or a cannabis
delivery device and record the low-THC cannabis, medical cannabis, or cannabis delivery device dispensed.
The registry must prevent an active registration of a patient by multiple physicians.
the- tablishtffent— e,i�„d l�f e sing tr g n�f rtrs�.a�„t�u�, ens�A„ s rel e�.��.sta°te de, ..............
accessibility and availability as necessary for patients registered in the compassionate use registry and who
are ordered low-THC cannabis, medical cannabis, or a cannabis delivery device under this section, one in
each of the following regions: northwest Florida, northeast Florida, central Florida, southeast Florida, and
southwest Florida. The department shall develop an application form and impose an initial application and
biennial renewal fee that is sufficient to cover the costs of administering this section. An applicant for
approval as a dispensing organization must be able to demonstrate:
1. The technical and technological ability to cultivate and produce low-THC cannabis. The applicant must
possess a valid certificate of registration issued by the Department of Agriculture and Consumer Services
pursuant to s. 581.131 that is issued for the cultivation of more than 400,000 plants, be operated by a
18 111
nurseryman as defined in s. 581.011, and have been operated as a registered nursery in this state for at least
30 continuous years.
2. The ability to secure the premises, resources, and personnel necessary to operate as a dispensing
organization.
3. The ability to maintain accountability of all raw materials, finished products, and any byproducts to
prevent diversion or unlawful access to or possession of these substances.
4. An infrastructure reasonably located to dispense low-THC cannabis to registered patients statewide or
regionally as determined by the department.
5. The financial ability to maintain operations for the duration of the 2-year approval cycle, including the
provision of certified financials to the department. Upon approval, the applicant must post a $5 million
performance bond. However, upon a dispensing organization's serving at least 1,000 qualified patients, the
dispensing organization is only required to maintain a$2 million performance bond.
6. That all owners and managers have been fingerprinted and have successfully passed a level 2
background screening pursuant to s.435.04.
7. The employment of a medical director to supervise the activities of the dispensing organization.
(c) Upon the registration of 250,000 active qualified patients in the compassionate use.registry, approve
three dispensing organizations, including, but not limited to, an applicant that is a recognized class member
of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1
(D.D.C. 2011), and a member of the Black Farmers and Agriculturalists Association, which must meet the
requirements of subparagraphs (b)2.-7. and demonstrate the technical and technological ability to cultivate
and produce low-THC cannabis.
(d) Allow a dispensing organization to make a wholesale purchase of low-THC cannabis or medical
cannabis from, or a distribution of low-THC cannabis or medical cannabis to, another dispensing
organization.
(e) Monitor physician registration and ordering of low-THC cannabis, medical cannabis, or a cannabis
delivery device for ordering practices that could facilitate unlawful diversion or misuse of low-THC
cannabis,medical cannabis,or a cannabis delivery device and take disciplinary action as indicated.
(6) DISPENSING ORGANIZATION.—An approved dispensing organization must, at all times, maintain
compliance with the criteria demonstrated for selection and approval as a dispensing organization under
subsection(5)and the criteria required in this subsection.
(a) When growing low-THC cannabis or medical cannabis, a dispensing organization:
1. May use pesticides determined by the department, after consultation with the Department of Agriculture
and Consumer Services, to be safely applied to plants intended for human consumption, but may not use
pesticides designated as restricted-use pesticides pursuant to s.487.042.
2. Must grow low-THC cannabis or medical cannabis within an enclosed structure and in a room separate
from any other plant.
3. Must inspect seeds and growing plants for plant pests that endanger or threaten the horticultural and
agricultural interests of the state, notify the Department of Agriculture and Consumer Services within 10
calendar days after a determination that a plant is infested or infected by such plant pest, and implement and
maintain phytosanitary policies and procedures.
4. Must perform fumigation or treatment of plants, or the removal and destruction of infested or infected
plants, in accordance with chapter 581 and any rules adopted thereunder.
(b) When processing low-THC cannabis or medical cannabis,a dispensing organization must:
1. Process the low-THC cannabis or medical cannabis within an enclosed structure and in a room separate
p1artmor (Ydtit �.�.�d� .e„ ���w., �, �o,��� ,,,a�� ., w,.e ,u W.. m ,� ,...�� „., ,rt, ............ .a.,...a,,.,. rv....,...
2. Test the processed low-THC cannabis and medical cannabis before they are dispensed. Results must be
verified and signed by two dispensing organization employees. Before dispensing low-THC cannabis, the
dispensing organization must determine that the test results indicate that the low-THC cannabis meets the
definition of low-THC cannabis and, for medical cannabis and low-THC cannabis, that all medical cannabis
and low-THC cannabis is safe for human consumption and free from contaminants that are unsafe for human
consumption.The dispensing organization must retain records of all testing and samples of each homogenous
batch of cannabis and low-THC cannabis for at least 9 months. The dispensing organization must contract
with an independent testing laboratory to perform audits on the dispensing organization's standard operating
procedures, testing records, and samples and provide the results to the department to confirm that the low-
19 1
ow-191 11 �1
THC cannabis or medical cannabis meets the requirements of this section and that the medical cannabis and
low-THC cannabis is safe for human consumption.
3. Package the low-THC cannabis or medical cannabis in compliance with the United States Poison
Prevention Packaging Act of 1970, 15 U.S.C.ss. 1471 et seq.
4. Package the low-THC cannabis or medical cannabis in a receptacle that has a firmly affixed and legible
label stating the following information:
a. A statement that the low-THC cannabis or medical cannabis meets the requirements of subparagraph 2.;
b. The name of the dispensing organization from which the medical cannabis or low-THC cannabis
originates;and
c. The batch number and harvest number from which the medical cannabis or low-THC cannabis
originates.
5. Reserve two processed samples from each batch and retain such samples for at least 9 months for the
purpose of testing pursuant to the audit required under subparagraph 2.
(c) When dispensing low-THC cannabis, medical cannabis, or a cannabis delivery device, a dispensing
organization:
1. May not dispense more than a 45-day supply of low-THC cannabis or medical cannabis to a patient or
the patient's legal representative.
2. Must have the dispensing organization's employee who dispenses the low-THC cannabis, medical
cannabis, or a cannabis delivery device enter into the compassionate use registry his or her name or unique
employee identifier.
3. Must verify in the compassionate use registry that a physician has ordered the low-THC cannabis,
medical cannabis,or a specific type of a cannabis delivery device for the patient.
4. May not dispense or sell any other type of cannabis, alcohol, or illicit drug-related product, including
pipes, bongs, or wrapping papers, other than a physician-ordered cannabis delivery device required for the
medical use of low-THC cannabis or medical cannabis, while dispensing low-THC cannabis or medical
cannabis.
5. Must verify that the patient has an active registration in the compassionate use registry, the patient or
patient's legal representative holds a valid and active registration card,the order presented matches the order
contents as recorded in the registry, and the order has not already been filled.
6. Must, upon dispensing the low-THC cannabis, medical cannabis, or cannabis delivery device, record in
the registry the date, time, quantity, and form of low-THC cannabis or medical cannabis dispensed and the
type of cannabis delivery device dispensed.
(d) To ensure the safety and security of its premises and any off-site storage facilities, and to maintain
adequate controls against the diversion, theft, and loss of low-THC cannabis, medical cannabis, or cannabis
delivery devices,a dispensing organization shall:
La. Maintain a fully operational security alarm system that secures all entry points and perimeter windows
and is equipped with motion detectors;pressure switches;and duress,panic,and hold-up alarms;or
b. Maintain a video surveillance system that records continuously 24 hours each day and meets at least one
of the following criteria:
(I) Cameras are fixed in a place that allows for the clear identification of persons and activities in controlled
areas of the premises. Controlled areas include grow rooms, processing rooms, storage rooms, disposal
rooms or areas, and point-of-sale rooms;
(I1) Cameras are fixed in entrances and exits to the premises, which shall record from both indoor and
outdoor,or ingress and egress,vantage points;
(IV) Retain video surveillance recordings for a minimum of 45 days or longer upon the request of a law
enforcement agency.
2. Ensure that the organization's outdoor premises have sufficient lighting from dusk until dawn.
3. Establish and maintain a tracking system approved by the department that traces the low-THC cannabis
or medical cannabis from seed to sale. The tracking system shall include notification of key events as
determined by the department, including when cannabis seeds are planted, when cannabis plants are
harvested and destroyed, and when low-THC cannabis or medical cannabis is transported, sold, stolen,
diverted,or lost.
2011> o
4. Not dispense from its premises low-THC cannabis, medical cannabis, or a cannabis delivery device
between the hours of 9 p.m. and 7 a.m.,but may perform all other operations and deliver low-THC cannabis
and medical cannabis to qualified patients 24 hours each day.
5. Store low-THC cannabis or medical cannabis in a secured,locked room or a vault.
6. Require at least two of its employees, or two employees of a security agency with whom it contracts,to
be on the premises at all times.
7. Require each employee to wear a photo identification badge at all times while on the premises.
8. Require each visitor to wear a visitor's pass at all times while on the premises.
9. Implement an alcohol and drug-free workplace policy.
10. Report to local law enforcement within 24 hours after it is notified or becomes aware of the theft,
diversion,or loss of low-THC cannabis or medical cannabis.
(e) To ensure the safe transport of low-THC cannabis or medical cannabis to dispensing organization
facilities, independent testing laboratories,or patients,the dispensing organization must:
1. Maintain a transportation manifest,which must be retained for at least 1 year.
2. Ensure only vehicles in good working order are used to transport low-THC cannabis or medical
cannabis.
3. Lock low-THC cannabis or medical cannabis in a separate compartment or container within the vehicle.
4. Require at least two persons to be in a vehicle transporting low-THC cannabis or medical cannabis, and
require at least one person to remain in the vehicle while the low-THC cannabis or medical cannabis is being
delivered.
5. Provide specific safety and security training to employees transporting or delivering low-THC cannabis
or medical cannabis.
(7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.—
(a) The department may conduct announced or unannounced inspections of dispensing organizations to
determine compliance with this section or rules adopted pursuant to this section.
(b) The department shall inspect a dispensing organization upon complaint or notice provided to the
department that the dispensing organization has dispensed low-THC cannabis or medical cannabis containing
any mold, bacteria, or other contaminant that may cause or has caused an adverse effect to human health or
the environment.
(c) The department shall conduct at least a biennial inspection of each dispensing organization to evaluate
the dispensing organization's records, personnel, equipment, processes, security measures, sanitation
practices,and quality assurance practices.
(d) The department may enter into interagency agreements with the Department of Agriculture and
Consumer Services, the Department of Business and Professional Regulation, the Department of
Transportation, the Department of Highway Safety and Motor Vehicles, and the Agency for Health Care
Administration,and such agencies are authorized to enter into an interagency agreement with the department,
to conduct inspections or perform other responsibilities assigned to the department under this section.
(e) The department must make a list of all approved dispensing organizations and qualified ordering
physicians and medical directors publicly available on its website.
(f) The department may establish a system for issuing and renewing registration cards for patients and their
legal representatives, establish the circumstances under which the cards may be revoked by or must be
returned to the department, and establish fees to implement such system. The department must require, at a
minimum,the registration cards to:
I. Provide the name,address,and date of birth of the patient or legal representative.
Z. „11tiv lf=° ,ro�� s , t= o,,�,e irtr[ tr gra h�'�tsf th pat n m�c r�lega1,,,,representative-takerr, ith rhe.,,P
90 days immediately preceding registration.
3. Identify whether the cardholder is a patient or legal representative.
4. List a unique numeric identifier for the patient or legal representative that is matched to the identifier
used for such person in the department's compassionate use registry.
5. Provide the expiration date, which shall be 1 year after the date of the physician's initial order of low-
THC cannabis or medical cannabis.
6. For the legal representative, provide the name and unique numeric identifier of the patient that the legal
representative is assisting.
7. Be resistant to counterfeiting or tampering.
21111age
(g) The department may impose reasonable fines not to exceed $10,000 on a dispensing organization for
any of the following violations:
1. Violating this section,s.499.0295,or department rule.
2. Failing to maintain qualifications for approval.
3. Endangering the health,safety,or security of a qualified patient.
4. Improperly disclosing personal and confidential information of the qualified patient.
5. Attempting to procure dispensing organization approval by bribery, fraudulent misrepresentation, or
extortion.
6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of
adjudication, a crime in any jurisdiction which directly relates to the business of a dispensing organization.
7. Making or filing a report or record that the dispensing organization knows to be false.
8. Willfully failing to maintain a record required by this section or department rule.
9. Willfully impeding or obstructing an employee or agent of the department in the furtherance of his or her
official duties.
10. Engaging in fraud or deceit, negligence, incompetence, or misconduct in the business practices of a
dispensing organization.
11. Making misleading, deceptive, or fraudulent representations in or related to the business practices of a
dispensing organization.
12. Having a license or the authority to engage in any regulated profession, occupation, or business that is
related to the business practices of a dispensing organization suspended, revoked, or otherwise acted against
by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that
would constitute a violation under Florida law.
13. Violating a lawful order of the department or an agency of the state, or failing to comply with a
lawfully issued subpoena of the department or an agency of the state.
(h) The department may suspend, revoke, or refuse to renew a dispensing organization's approval if a
dispensing organization commits any of the violations in paragraph(g).
(i) The department shall renew the approval of a dispensing organization biennially if the dispensing
organization meets the requirements of this section and pays the biennial renewal fee.
0) The department may adopt rules necessary to implement this section.
(8) PREEMPTION.—
(a) All matters regarding the regulation of the cultivation and processing of medical cannabis or low-THC
cannabis by dispensing organizations are preempted to the state.
(b) A municipality may determine by ordinance the criteria for the number and location of, and other
permitting requirements that do not conflict with state law or department rule for, dispensing facilities of
dispensing organizations located within its municipal boundaries. A county may determine by ordinance the
criteria for the number, location, and other permitting requirements that do not conflict with state law or
department rule for all dispensing facilities of dispensing organizations located within the unincorporated
areas of that county.
(9) EXCEPTIONS TO OTHER LAWS.—
(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the
requirements of this section, a qualified patient and the qualified patient's legal representative may purchase
and possess for the patient's medical use up to the amount of low-THC cannabis or medical cannabis ordered
for the patient,but not more than a 45-day supply,and a cannabis delivery device ordered for the patient.
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the
Tequit ements of lhis°miction; -,apprtw ispensin&,o Izatiomn,and-its-owners,,-,managers an emplo s
may manufacture,possess, sell,deliver,distribute,dispense, and lawfully dispose of reasonable quantities,as
established by department rule, of low-THC cannabis, medical cannabis, or a cannabis delivery device. For
purposes of this subsection, the terms "manufacture," "possession," "deliver," "distribute," and "dispense"
have the same meanings as provided in s. 893.02.
(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the
requirements of this section, an approved independent testing laboratory may possess, test, transport, and
lawfully dispose of low-THC cannabis or medical cannabis as provided by department rule.
(d) An approved dispensing organization and its owners, managers, and employees are not subject to
licensure or regulation under chapter 465 or chapter 499 for manufacturing, possessing, selling, delivering,
22111a ,,, e
distributing, dispensing, or lawfully disposing of reasonable quantities, as established by department rule, of
low-THC cannabis,medical cannabis,or a cannabis delivery device.
(e) An approved dispensing organization that continues to meet the requirements for approval is presumed
to be registered with the department and to meet the regulations adopted by the department or its successor
agency for the purpose of dispensing medical cannabis or low-THC cannabis under Florida law.
Additionally,the authority provided to a dispensing organization in s.499.0295 does not impair the approval
of a dispensing organization.
(f) This subsection does not exempt a person from prosecution for a criminal offense related to impairment
or intoxication resulting from the medical use of low-THC cannabis or medical cannabis or relieve a person
from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a
controlled substance.
2311) a e