Bill Text: FL S0384 | 2019 | Regular Session | Introduced


Bill Title: Medical Use of Marijuana in Schools

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Health Policy [S0384 Detail]

Download: Florida-2019-S0384-Introduced.html
       Florida Senate - 2019                                     SB 384
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00903-19                                             2019384__
    1                        A bill to be entitled                      
    2         An act relating to medical use of marijuana in
    3         schools; amending s. 381.986, F.S.; conforming
    4         provisions to changes made by the act; authorizing a
    5         qualified patient to designate more than one caregiver
    6         to assist with the qualified patient’s medical use of
    7         marijuana if the qualified patient is a student whose
    8         parent has requested that a county-designated
    9         caregiver assist the student with the medical use of
   10         marijuana during the school day; authorizing a county
   11         designated caregiver to register as a caregiver for
   12         more than one qualified patient if the patients are
   13         students whose parents have requested that a county
   14         designated caregiver assist them with the medical use
   15         of marijuana during the school day; conforming cross
   16         references; creating s. 381.9867, F.S.; defining
   17         terms; providing a procedure for a parent of a student
   18         who is a qualified patient to request that marijuana
   19         be administered to the student during the school day;
   20         requiring certain information to be included in the
   21         written request to a school principal; specifying that
   22         a registered caregiver of a student who is authorized
   23         by that student’s parent to administer marijuana to
   24         the student during the school day is responsible for
   25         obtaining, accounting for, and storing the marijuana
   26         and any marijuana delivery devices; requiring a school
   27         principal who receives a request authorizing a county
   28         designated caregiver to administer marijuana to the
   29         student to notify the county health department for the
   30         county in which the school is located; requiring a
   31         county health department that has received such
   32         notification to notify the Department of Health of the
   33         request; requiring the department to designate no more
   34         than two employees of the county health department to
   35         serve as county-designated caregivers; requiring such
   36         employees to obtain registration and to meet certain
   37         criteria; requiring a county-designated caregiver to
   38         follow any procedures adopted by department rule;
   39         requiring the caregiver of the student to provide an
   40         appropriate supply of marijuana, and any marijuana
   41         delivery devices, needed to be administered during the
   42         school day to a county-designated caregiver at a
   43         county health department building; requiring the
   44         county-designated caregiver to receive, document, and
   45         account for the marijuana and any marijuana delivery
   46         devices; requiring marijuana in its original container
   47         and marijuana delivery devices to be stored under lock
   48         and key when not in use or when being transported for
   49         use; providing that a county-designated caregiver is
   50         not liable for civil damages as a result of his or her
   51         actions if certain criteria are met; requiring a
   52         school principal who has received a request for
   53         marijuana to be administered during the school day to
   54         a student who is a qualified patient to designate an
   55         isolated area on school grounds where marijuana may be
   56         administered to the student; requiring that a
   57         caregiver or a county-designated caregiver
   58         administering marijuana to the student do so in the
   59         area designated by the school principal; prohibiting
   60         marijuana and marijuana delivery devices from being
   61         stored on school grounds; prohibiting a school from
   62         obstructing a student who is a qualified patient from
   63         accessing marijuana during the school day; providing
   64         that funding needed to administer this section shall
   65         be provided from the Grants and Donations Trust Fund
   66         within the Department of Health from certain fees
   67         collected by the department; requiring the department
   68         to adopt rules; amending s. 1006.062, F.S.; deleting a
   69         requirement that each district school board adopt a
   70         policy and a procedure for allowing a student who is a
   71         qualified patient to access marijuana for medical use;
   72         providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Paragraph (j) of subsection (1), subsection (6),
   77  paragraph (c) of subsection (12), and paragraphs (f) and (g) of
   78  subsection (14) of section 381.986, Florida Statutes, are
   79  amended to read:
   80         381.986 Medical use of marijuana.—
   81         (1) DEFINITIONS.—As used in this section, the term:
   82         (j) “Medical use” means the acquisition, possession, use,
   83  delivery, transfer, or administration of marijuana authorized by
   84  a physician certification. The term does not include:
   85         1. Possession, use, or administration of marijuana that was
   86  not purchased or acquired from a medical marijuana treatment
   87  center.
   88         2. Possession, use, or administration of marijuana in a
   89  form for smoking, in the form of commercially produced food
   90  items other than edibles, or of marijuana seeds or flower,
   91  except for flower in a sealed, tamper-proof receptacle for
   92  vaping.
   93         3. Use or administration of any form or amount of marijuana
   94  in a manner that is inconsistent with the qualified physician’s
   95  directions or physician certification.
   96         4. Transfer of marijuana to a person other than the
   97  qualified patient for whom it was authorized or the qualified
   98  patient’s caregiver on behalf of the qualified patient.
   99         5. Use or administration of marijuana in the following
  100  locations:
  101         a. On any form of public transportation, except for low-THC
  102  cannabis.
  103         b. In any public place, except for low-THC cannabis.
  104         c. In a qualified patient’s place of employment, except
  105  when permitted by his or her employer.
  106         d. In a state correctional institution, as defined in s.
  107  944.02, or a correctional institution, as defined in s. 944.241.
  108         e. On the grounds of a preschool, primary school, or
  109  secondary school, except as provided in s. 381.9867 s. 1006.062.
  110         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  111  except for low-THC cannabis.
  112         (6) CAREGIVERS.—
  113         (a) The department must register an individual as a
  114  caregiver on the medical marijuana use registry and issue a
  115  caregiver identification card if an individual designated by a
  116  qualified patient meets all of the requirements of this
  117  subsection and department rule.
  118         (b) A caregiver must:
  119         1. Not be a qualified physician and not be employed by or
  120  have an economic interest in a medical marijuana treatment
  121  center or a marijuana testing laboratory.
  122         2. Be 21 years of age or older and a resident of this
  123  state.
  124         3. Agree in writing to assist with the qualified patient’s
  125  medical use of marijuana.
  126         4. Be registered in the medical marijuana use registry as a
  127  caregiver for no more than one qualified patient, except as
  128  provided in this paragraph.
  129         5. Successfully complete a caregiver certification course
  130  developed and administered by the department or its designee,
  131  which must be renewed biennially. The price of the course may
  132  not exceed $100.
  133         6. Pass a background screening pursuant to subsection (9),
  134  unless the patient is a close relative of the caregiver.
  135         (c) A qualified patient may not designate no more than one
  136  caregiver to assist with the qualified patient’s medical use of
  137  marijuana, unless:
  138         1. The qualified patient is a minor and the designated
  139  caregivers are parents or legal guardians of the qualified
  140  patient;
  141         2. The qualified patient is an adult who has an
  142  intellectual or developmental disability that prevents the
  143  patient from being able to protect or care for himself or
  144  herself without assistance or supervision and the designated
  145  caregivers are the parents or legal guardians of the qualified
  146  patient; or
  147         3. The qualified patient is admitted to a hospice program;
  148  or
  149         4. The qualified patient is a student whose parent has
  150  requested that a county-designated caregiver assist the student
  151  with the medical use of marijuana during the school day pursuant
  152  to s. 381.9867.
  153         (d) A caregiver may not be registered in the medical
  154  marijuana use registry as a designated caregiver for no more
  155  than one qualified patient, unless:
  156         1. The caregiver is a parent or legal guardian of more than
  157  one minor who is a qualified patient;
  158         2. The caregiver is a parent or legal guardian of more than
  159  one adult who is a qualified patient and who has an intellectual
  160  or developmental disability that prevents the patient from being
  161  able to protect or care for himself or herself without
  162  assistance or supervision; or
  163         3. All qualified patients whom the caregiver has agreed to
  164  assist are admitted to a hospice program and have requested the
  165  assistance of that caregiver with the medical use of marijuana;
  166  the caregiver is an employee of the hospice; and the caregiver
  167  provides personal care or other services directly to clients of
  168  the hospice in the scope of that employment; or
  169         4. All qualified patients whom the caregiver has agreed to
  170  assist are students whose parents have requested the assistance
  171  of a county-designated caregiver to assist them with the medical
  172  use of marijuana during the school day pursuant to s. 381.9867,
  173  and the caregiver is a county-designated caregiver.
  174         (e) A caregiver may not receive compensation, other than
  175  actual expenses incurred, for any services provided to the
  176  qualified patient.
  177         (f) If a qualified patient is younger than 18 years of age,
  178  only a caregiver may purchase or administer marijuana for
  179  medical use by the qualified patient. The qualified patient may
  180  not purchase marijuana.
  181         (g) A caregiver must be in immediate possession of his or
  182  her medical marijuana use registry identification card at all
  183  times when in possession of marijuana or a marijuana delivery
  184  device and must present his or her medical marijuana use
  185  registry identification card upon the request of a law
  186  enforcement officer.
  187         (h) The department may adopt rules pursuant to ss.
  188  120.536(1) and 120.54 to implement this subsection.
  189         (12) PENALTIES.—
  190         (c) A qualified patient who uses marijuana, not including
  191  low-THC cannabis, or a caregiver who administers marijuana, not
  192  including low-THC cannabis, in plain view of or in a place open
  193  to the general public; in a school bus, a vehicle, an aircraft,
  194  or a boat; or on the grounds of a school, except as provided in
  195  s. 381.9867 s. 1006.062, commits a misdemeanor of the first
  196  degree, punishable as provided in s. 775.082 or s. 775.083.
  197         (14) EXCEPTIONS TO OTHER LAWS.—
  198         (f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  199  any other provision of law, but subject to the requirements of
  200  this section and pursuant to policies and procedures established
  201  pursuant to s. 1006.62(8), school personnel may possess
  202  marijuana that is obtained for medical use pursuant to this
  203  section by a student who is a qualified patient.
  204         (f)(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
  205  or any other provision of law, but subject to the requirements
  206  of this section, a research institute established by a public
  207  postsecondary educational institution, such as the H. Lee
  208  Moffitt Cancer Center and Research Institute, Inc., established
  209  under s. 1004.43, or a state university that has achieved the
  210  preeminent state research university designation under s.
  211  1001.7065 may possess, test, transport, and lawfully dispose of
  212  marijuana for research purposes as provided by this section.
  213         Section 2. Section 381.9867, Florida Statutes, is created
  214  to read:
  215         381.9867Medical use of marijuana in schools.—
  216         (1) As used in this section, the term:
  217         (a) “Caregiver” has the same meaning as in s. 381.986(1).
  218         (b) “County-designated caregiver” means an employee of a
  219  county health department designated by the department pursuant
  220  to subsection (4) who has an identification card and is
  221  registered as a caregiver pursuant to s. 381.986(6).
  222         (c) “Marijuana,” “marijuana delivery device,” “medical
  223  use,” “physician certification,” and “qualified patient” have
  224  the same meanings as in s. 381.986(1).
  225         (2) A parent of a student who is a qualified patient may
  226  request that marijuana obtained pursuant to s. 381.986 be
  227  administered to the student during the school day. A request
  228  must be made in writing to the school principal and must include
  229  all of the following information:
  230         (a) A copy of the student’s current patient identification
  231  card as described in s. 381.986(7)(a).
  232         (b) A copy of the student’s current physician certification
  233  as described in s. 381.986(4).
  234         (c) A statement that explains the necessity for
  235  administration of the marijuana during the school day, including
  236  any occasion when the student is away from school property on
  237  official school business.
  238         (d) A statement authorizing a registered caregiver of the
  239  student or a county-designated caregiver to administer marijuana
  240  to the student. If the parent is the registered caregiver of the
  241  student, the parent may include a statement of his or her desire
  242  to administer marijuana to the student.
  243         (3) If the parent authorizes the registered caregiver of
  244  the student to administer marijuana to the student during the
  245  school day, the caregiver is responsible for obtaining,
  246  accounting for, and storing the marijuana and any marijuana
  247  delivery devices as provided in this section and s. 381.986.
  248         (4)(a)Upon receiving a request that includes a statement
  249  authorizing a county-designated caregiver to administer
  250  marijuana to a student, a school principal shall promptly notify
  251  the county health department for the county in which the school
  252  is located. Upon receipt of the notification, the county health
  253  department shall notify the department of the request, and the
  254  department shall designate no more than two employees of the
  255  county health department to serve as county-designated
  256  caregivers. A county-designated caregiver shall follow any
  257  procedures adopted by department rule under subsection (8).
  258         (b) The caregiver of the student shall provide to a county
  259  designated caregiver at a county health department building an
  260  appropriate supply of marijuana and any marijuana delivery
  261  devices necessary for administration of the marijuana during the
  262  school day, all of which must be obtained pursuant to s.
  263  381.986. The county-designated caregiver shall document and
  264  account for the marijuana and any marijuana delivery devices
  265  received. The county-designated caregiver is responsible for the
  266  transportation of the marijuana and marijuana delivery devices
  267  used in the administration of marijuana to the student to and
  268  from the county health department building and the school. When
  269  the marijuana or marijuana delivery devices are not in use or
  270  being transported for use, the marijuana must be placed in its
  271  original container and it and any marijuana delivery devices
  272  must be stored in a secure fashion under lock and key.
  273         (c) A county-designated caregiver is not liable for civil
  274  damages arising out of his or her actions taken in connection
  275  with assisting students who are qualified patients with the
  276  medical use of marijuana, if the county-designated caregiver
  277  acts as a reasonably prudent person would have acted under the
  278  same or similar circumstances.
  279         (5) A school principal who receives a request under
  280  subsection (2) must designate an isolated area on school grounds
  281  where marijuana may be administered to the student. A caregiver
  282  or county-designated caregiver may administer marijuana to the
  283  student on school grounds only in the designated area. Marijuana
  284  and marijuana delivery devices may not be stored on school
  285  grounds.
  286         (6) A school may not obstruct a student who is a qualified
  287  patient from accessing marijuana during the school day in
  288  accordance with this section.
  289         (7) Funding to administer this section must be provided
  290  through the Grants and Donations Trust Fund within the
  291  Department of Health from fees collected by the department under
  292  s. 381.986.
  293         (8) The department shall adopt rules necessary to
  294  administer this section.
  295         Section 3. Subsection (8) of section 1006.062, Florida
  296  Statutes, is amended to read:
  297         1006.062 Administration of medication and provision of
  298  medical services by district school board personnel.—
  299         (8) Each district school board shall adopt a policy and a
  300  procedure for allowing a student who is a qualified patient, as
  301  defined in s. 381.986, to use marijuana obtained pursuant to
  302  that section. Such policy and procedure shall ensure access by
  303  the qualified patient; identify how the marijuana will be
  304  received, accounted for, and stored; and establish processes to
  305  prevent access by other students and school personnel whose
  306  access would be unnecessary for the implementation of the
  307  policy.
  308         Section 4. This act shall take effect July 1, 2019.

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