Florida Senate - 2022 SB 744 By Senator Brandes 24-00944-22 2022744__ 1 A bill to be entitled 2 An act relating to the medical use of marijuana by 3 out-of-state visitors; amending s. 381.986, F.S.; 4 defining the term short-term visitor; requiring the 5 Department of Health to create a separate section in 6 the medical marijuana use registry for short-term 7 visitors; establishing criteria for short-term 8 visitors from states that have legalized medical 9 marijuana to receive authorization to possess medical 10 marijuana and marijuana delivery devices in this 11 state; requiring short-term visitors to pay a 12 reciprocity fee to the department; authorizing short 13 term visitors registered in the medical marijuana use 14 registry to purchase and receive a specified supply of 15 marijuana for medical use from a medical marijuana 16 treatment center in this state; requiring the 17 department to immediately make available in the 18 medical marijuana use registry the registration 19 certificate of a short-term visitor; requiring the 20 department to immediately issue to a short-term 21 visitor an electronic copy of his or her registration 22 certificate; providing that a short-term visitors 23 registration certificate serves as verification that 24 he or she is authorized to possess, purchase, and use 25 marijuana for medical use and possess and use 26 marijuana delivery devices in this state; requiring 27 medical marijuana treatment centers to verify the 28 validity of a short-term visitors registration 29 certificate before dispensing marijuana to such 30 visitor; requiring short-term visitors to be in 31 immediate possession of the electronic copy of their 32 registration certificate at specified times; 33 specifying content requirements for electronic copies 34 of registration certificates; conforming a provision 35 to changes made by the act; requiring the department 36 to adopt rules governing the electronic collection of 37 certain fees; revising criminal penalties to conform 38 to changes made by the act; requiring the department 39 to deposit reciprocity fees in the Tourism Promotional 40 Trust Fund; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1.Present paragraphs (n) and (o) of subsection (1) 45 of section 381.986, Florida Statutes, are redesignated as 46 paragraphs (o) and (p), respectively, a new paragraph (n) is 47 added to that subsection, and subsection (5), paragraphs (a), 48 (b), and (d) of subsection (7), paragraph (e) of subsection 49 (12), and subsection (16) of that section are amended, to read: 50 381.986Medical use of marijuana. 51 (1)DEFINITIONS.As used in this section, the term: 52 (n)Short-term visitor means a person who is a resident 53 of another state that has legalized the medical use of 54 marijuana, has a valid order for marijuana for medical use from 55 a licensed physician in such state, is visiting this state for 56 30 or fewer consecutive days, and is authorized pursuant to 57 paragraph (5)(c) to engage in the medical use of marijuana in 58 this state. 59 (5)MEDICAL MARIJUANA USE REGISTRY. 60 (a)The department shall create and maintain a secure, 61 electronic, and online medical marijuana use registry for 62 physicians, patients, and caregivers, and short-term visitors as 63 provided under this section. The medical marijuana use registry 64 must be accessible to law enforcement agencies, qualified 65 physicians, and medical marijuana treatment centers to verify 66 the authorization of a qualified patient or a caregiver to 67 possess marijuana or a marijuana delivery device and record the 68 marijuana or marijuana delivery device dispensed. The medical 69 marijuana use registry must also be accessible to practitioners 70 licensed to prescribe prescription drugs to ensure proper care 71 for patients before medications that may interact with the 72 medical use of marijuana are prescribed. The medical marijuana 73 use registry must prevent an active registration of a qualified 74 patient by multiple physicians. The department shall create a 75 separate section of the registry for short-term visitors. 76 (b)The department shall determine whether an individual is 77 a resident of this state for the purpose of registration of 78 qualified patients and caregivers in the medical marijuana use 79 registry. To prove residency: 80 1.To prove residency, an adult resident must provide the 81 department with a copy of his or her valid Florida driver 82 license issued under s. 322.18 or a copy of a valid Florida 83 identification card issued under s. 322.051. 84 2.An adult seasonal resident who cannot meet the 85 requirements of subparagraph 1. may provide the department with 86 a copy of two of the following that show proof of residential 87 address: 88 a.A deed, mortgage, monthly mortgage statement, mortgage 89 payment booklet, or residential rental or lease agreement. 90 b.One proof of residential address from the seasonal 91 residents parent, stepparent step-parent, legal guardian, or 92 other person with whom the seasonal resident resides and a 93 statement from the person with whom the seasonal resident 94 resides stating that the seasonal resident does reside with him 95 or her. 96 c.A utility hookup or work order dated within 60 days 97 before registration in the medical use registry. 98 d.A utility bill, not more than 2 months old. 99 e.Mail from a financial institution, including checking, 100 savings, or investment account statements, not more than 2 101 months old. 102 f.Mail from a federal, state, county, or municipal 103 government agency, not more than 2 months old. 104 g.Any other documentation that provides proof of 105 residential address as determined by department rule. 106 3.To prove residency, a minor must provide the department 107 with a certified copy of his or her a birth certificate or a 108 current record of registration from a Florida K-12 school and 109 must have a parent or legal guardian who meets the requirements 110 of subparagraph 1. 111 112 For the purposes of this paragraph, the term seasonal resident 113 means any person who temporarily resides in this state for a 114 period of at least 31 consecutive days in each calendar year, 115 maintains a temporary residence in this state, returns to the 116 state or jurisdiction of his or her residence at least one time 117 during each calendar year, and is registered to vote or pays 118 income tax in another state or jurisdiction. 119 (c)The department shall record in a separate section of 120 the medical marijuana use registry a short-term visitor who does 121 not meet the requirements of paragraph (b) if the short-term 122 visitor possesses a valid order for marijuana for medical use or 123 a marijuana delivery device which was issued by a physician who 124 is lawfully licensed in the visitors state of residence. The 125 department shall register a short-term visitor in the medical 126 marijuana use registry upon receipt of a $10 reciprocity fee. A 127 short-term visitor registered in the medical marijuana use 128 registry may purchase and receive marijuana for medical use from 129 a medical marijuana treatment center in this state in a dosage 130 not to exceed a 30-day supply. 131 1.The department shall immediately make available in the 132 medical marijuana use registry a registration certificate for a 133 short-term visitor who meets the requirements of this paragraph 134 and shall provide the short-term visitor with an electronic copy 135 of the registration certificate in accordance with subsection 136 (7). The registration certificate shall serve as verification 137 that the short-term visitor is authorized to possess, purchase, 138 and use marijuana for medical use or possess or use a marijuana 139 delivery device in this state. 140 2.Before dispensing marijuana to a short-term visitor 141 under this section, a medical marijuana treatment center must 142 verify the validity of his or her registration certificate. 143 3.A short-term visitor must be in immediate possession of 144 the electronic copy of his or her registration certificate at 145 all times when in possession of marijuana or a marijuana 146 delivery device and must present the electronic copy upon the 147 request of a law enforcement officer. 148 (d)(c)The department may suspend or revoke the 149 registration of a qualified patient or caregiver if the 150 qualified patient or caregiver: 151 1.Provides misleading, incorrect, false, or fraudulent 152 information to the department; 153 2.Obtains a supply of marijuana in an amount greater than 154 the amount authorized by the physician certification; 155 3.Falsifies, alters, or otherwise modifies an 156 identification card; 157 4.Fails to timely notify the department of any changes to 158 his or her qualified patient status; or 159 5.Violates the requirements of this section or any rule 160 adopted under this section. 161 (e)(d)The department shall immediately suspend the 162 registration of a qualified patient charged with a violation of 163 chapter 893 until final disposition of any alleged offense. 164 Thereafter, the department may extend the suspension, revoke the 165 registration, or reinstate the registration. 166 (f)(e)The department shall immediately suspend the 167 registration of any caregiver charged with a violation of 168 chapter 893 until final disposition of any alleged offense. The 169 department must shall revoke a caregiver registration if the 170 caregiver does not meet the requirements of subparagraph 171 (6)(b)6. 172 (g)(f)The department may revoke the registration of a 173 qualified patient or caregiver who cultivates marijuana or who 174 acquires, possesses, or delivers marijuana from any person or 175 entity other than a medical marijuana treatment center. 176 (h)(g)The department shall revoke the registration of a 177 qualified patient, and the patients associated caregiver, upon 178 notification that the patient no longer meets the criteria of a 179 qualified patient. 180 (i)(h)The department may adopt rules pursuant to ss. 181 120.536(1) and 120.54 to implement this subsection. 182 (7)IDENTIFICATION CARDS. 183 (a)1.The department shall issue medical marijuana use 184 registry identification cards to for qualified patients and 185 caregivers who are residents of this state, which must be 186 renewed annually. The identification cards must be resistant to 187 counterfeiting and tampering and must include, at a minimum, the 188 following: 189 a.1.The name, address, and date of birth of the qualified 190 patient or caregiver. 191 b.2.A fullface full-face, passport-type, color photograph 192 of the qualified patient or caregiver taken within the 90 days 193 immediately preceding registration or the Florida driver license 194 or Florida identification card photograph of the qualified 195 patient or caregiver obtained directly from the Department of 196 Highway Safety and Motor Vehicles. 197 c.3.Identification as a qualified patient or a caregiver. 198 d.4.The unique numeric identifier used for the qualified 199 patient in the medical marijuana use registry. 200 e.5.For a caregiver, the name and unique numeric 201 identifier of the caregiver and the qualified patient or 202 patients that the caregiver is assisting. 203 f.6.The expiration date of the identification card. 204 2.The department shall immediately issue to a short-term 205 visitor an electronic copy of his or her registration 206 certificate in the medical marijuana use registry. The 207 electronic copy must include, at a minimum, all of the 208 following: 209 a.The name, in-state and out-of-state addresses, and date 210 of birth of the short-term visitor. 211 b.A fullface, passport-type, color photograph of the 212 short-term visitor taken within the 90 days immediately before 213 registration. 214 c.The unique numeric identifier used for the short-term 215 visitor in the medical marijuana use registry. 216 d.The amount and form of marijuana for medical use 217 authorized by the short-term visitors physician in his or her 218 state of residence. 219 e.The date of issuance of the registration certificate. 220 f.The expiration date of the registration certificate, 221 which must be no later than 30 days after the date of issuance. 222 (b)The department must receive written consent from the a 223 qualified patients parent or legal guardian of a qualified 224 patient or a short-term visitor who meets the requirements of 225 paragraph (5)(c) before it may issue an identification card or 226 electronic copy of his or her registration certificate to a 227 minor who is a qualified patient or a short-term visitor who is 228 a minor. 229 (d)Applications for identification cards must be submitted 230 on a form prescribed by the department. The department may 231 charge a reasonable fee associated with the issuance, 232 replacement, and renewal of identification cards. The department 233 shall adopt rules to provide for the electronic collection of 234 such fees. The department shall allocate $10 of the 235 identification card fee to the Division of Research at Florida 236 Agricultural and Mechanical University for the purpose of 237 educating minorities about marijuana for medical use and the 238 impact of the unlawful use of marijuana on minority communities. 239 The department shall contract with a third-party vendor to issue 240 identification cards. The vendor selected by the department must 241 have experience performing similar functions for other state 242 agencies. 243 (12)PENALTIES. 244 (e)1.A qualified patient, a or caregiver, or a short-term 245 visitor in possession of marijuana or a marijuana delivery 246 device who fails or refuses to present his or her marijuana use 247 registry identification card or the electronic copy of his or 248 her registration certificate upon the request of a law 249 enforcement officer commits a misdemeanor of the second degree, 250 punishable as provided in s. 775.082 or s. 775.083, unless it 251 can be determined through the medical marijuana use registry 252 that the person is authorized to be in possession of that 253 marijuana or marijuana delivery device. 254 2.A person charged with a violation of this paragraph may 255 not be convicted if, before or at the time of his or her court 256 or hearing appearance, the person produces in court or to the 257 clerk of the court in which the charge is pending a medical 258 marijuana use registry identification card issued to him or her 259 which is valid at the time of his or her arrest. The clerk of 260 the court is authorized to dismiss such case at any time before 261 the defendants appearance in court. The clerk of the court may 262 assess a fee of $5 for dismissing the case under this paragraph. 263 (16)FINES AND FEES.Fines and fees collected by the 264 department under this section shall be deposited in the Grants 265 and Donations Trust Fund within the Department of Health, except 266 that the $10 reciprocity fee collected under paragraph (5)(c) 267 shall be deposited in the Tourism Promotional Trust Fund created 268 in s. 288.122. 269 Section 2.This act shall take effect July 1, 2022.