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05/10/2016 (2)
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05/10/2016 (2)
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Last modified
12/7/2020 12:26:50 PM
Creation date
8/10/2016 12:23:11 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/10/2016
Meeting Body
Board of County Commissioners
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(6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in <br />any correctional institution or detention facility or place of education or employment, or of smoking <br />medical marijuana in any public place. <br />(7) Nothing in this section shall require any health insurance provider or any government agency or <br />authority to reimburse any person for expenses related to the medical use of marijuana. <br />(8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice <br />on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees. <br />(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the <br />implementation and enforcement of this section. The purpose of the regulations is to ensure the <br />availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to <br />promulgate regulations in a timely fashion. <br />(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this <br />section, the following regulations shall be promulgated no later than six (6) months after the effective <br />date of this section: <br />a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people <br />with physician certifications and standards for renewal of such identification cards. Before issuing an <br />identification card to a minor, the Department must receive written consent from the minor's parent or <br />legal guardian, in addition to the physician certification. <br />b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate <br />background checks, and procedures for the issuance and annual renewal of caregiver identification <br />cards. <br />c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, <br />suspension and revocation of registration, and standards to ensure proper security, record keeping, <br />testing, labeling, inspection, and safety. <br />d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an <br />adequate supply for qualifying patients' medical use, based on the best available evidence. This <br />presumption as to quantity may be overcome with evidence of a particular qualifying patient's <br />appropriate medical use. <br />(2) Identification cards and registrations. The Department shall begin issuing qualifying patient and <br />caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective <br />date of this section. <br />(3) If the Department does not issue regulations, or if the Department does not begin issuing <br />identification cards and registering MMTCs within the time limits set in this section, any Florida citizen <br />shall have standing to seek judicial relief to compel compliance with the Department's constitutional <br />duties. <br />80 <br />
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