Compassionate Medical Cannabis: What It Means to the Street Officer

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1 Compassionate Medical Cannabis: What It Means to the Street Officer Garrett Berman, Assistant State Attorney Broward County (Florida) State Attorney s Office Detective Luis Lopez Jacksonville (Florida) Sheriff s Office

2 Garett M. Berman Assistant State Attorney / Director of Training Office of the State Attorney, 17 th Judicial Circuit (954) Officer Luis Lopez Jacksonville Sheriff s Office

3 This presentation may contain materials created by others. Such materials may be copyrighted by the original artist/owner. Such material is used under a claim of fair use pursuant to the Fair Use guidelines in face to face instructional education activities. Other materials may be copyrighted by this presentations author. Additional use or distribution of any of the materials herein is prohibited. The opinions and analyses expressed in and during this presentation are not necessarily those of all law enforcement agencies and SAOs within and outside of Florida. Consult your local law enforcement agency or SAO regarding any issues of applicability in your jurisdiction Special thanks for current Colorado TSRP Jennifer Knudsen and former Colorado TSRP Chris Halsor for providing some of the materials contained within this presentation 2

4 Status of State Cannabis Laws as of January 8, 2018 Source: marijuana policies map/ Adult use Medicinal Limited Use (CBD oil, low THC) Illegal

5 Legalized (recreational) states Washington, DC Over 21, can grow or give it away; no recreational sales Recently passed medical card reciprocity Maine Adults can grow, gift and possess Not for sale until February 2018 Two cases where courts have ruled worker s comp must pay for medical cannabis Massachusetts Adults can grow and use Not for sale until 2018 Source: marijuana policies map/

6 Legalized (recreational) states Alaska Medical program limited to card registry for patients/caregivers Municipalities can prohibit recreational cannabis licenses Washington Recreational purchases may be tax free Current legislation to repeal cannabis use Oregon Tax free sales to registered cardholders Workers must pass a state test and obtain a permit Source: marijuana policies map/

7 Legalized (recreational) states California Medical cannabis tax free until 2018 Currently writing comprehensive medical and adult use regulations with compliance to being in 2018 Nevada Adult use approved in November 2016; recreational in 2018 Allow out of state medical cardholders to purchase at in state dispensaries Colorado The bellwether example Source: marijuana policies map/

8 Illegal states Idaho Kansas Nebraska South Dakota Wisconsin Indiana Source: marijuana policies map/

9 State of Colorado Tax Revenue for Marijuana Taxes, Licenses and Fees $223,465,054 (FYTD ) 156,701,018 (FYTD ) Colorado Department of Revenue, Office of Research and Analysis, July 2017

10

11 What does it mean to Law Enforcement?

12 Compassionate Medical Cannabis Act Allow physicians to order low THC cannabis for patients diagnosed with: Cancer Epilepsy Conditions that cause chronic seizures or muscle spasms Low THC cannabis must contain very low amounts of the psychoactive ingredient THC Physicians may order medical cannabis for patients suffering from terminal conditions Two physicians must certify a patient s condition will be fatal within one year

13 Office of Medical Marijuana Use Formerly known as the Office of Compassionate Use Created in 2014 Implements the Compassionate Medical Cannabis Act Licenses the State s seven (7) dispensing organizations Maintains the Medical Marijuana Use Registry formerly known as the Compassionate Use Registry

14 Dispensing organizations Currently seven (7) with approval for an additional three (3) once 250,000 patients are enrolled in the Registry Allowed to grow, process, or dispense MJ in the State They are the only entities within the State to do so May dispense statewide and deliver to patients All dispensing must be done through the Registry

15 Dispensing organizations CHT Medical (Northeast, Alachua) Grow Healthy Knox Medical (Central, Orange) Modern Health Concepts (Southeast, Miami Dade) Surterra Therapeutics (Southwest, Leon) The Green Solution (Northeast, Alachua) Trulieve (Northwest, Gadsen)

16 The Green Solution Modern Health Concepts

17 Knox Medical Surterra Therapeutics

18 Trulieve CHT Medical

19 Medical Marijuana Use Registry Accessible online Provides real time information to ordering physicians, law enforcement and dispensing organizations No paper prescriptions All orders are recorded and dispensed via the Registry

20 Medical Marijuana Use Registry By the numbers (as of February 2018) 78,929 patients in the registry 1,146 qualified physicians 13 approved MMJ treatment centers 27 approved retail dispensing locations Application processing time Paper applications: 26 days Online applications: 18 days 52,619 approved ID card applications

21 Medical Marijuana Use Registry The Department of Health started issuing qualified patient identification cards after An individual who is in possession of marijuana, whether a qualified patient or caregiver, must have an identification card in his or her possession.

22 MMJ Use Registry Identification Cards All patients and legal representatives are required to have a valid MMJ Use Registry identification card to obtain low THC cannabis, medical cannabis, or a cannabis delivery device To apply for a card, a patient must: Be a Florida resident Be a qualified patient in the MMJ Use Registry Submit a completed application to the Office of Medical Marijuana Use

23 MMJ Use Registry Identification Cards Once a card application is approved, the patient or legal representative may receive a temporary approval e mail from the OCU Patients must have an approved card application prior to filling an order at a dispensing organization The temporary approval e mail may be used to fill orders while the physical card is being printed and mailed ID cards remain active for one (1) year

24 Office of Medical Marijuana Use Temporary E mail Verification

25 Office of Medical Marijuana Use Registry Identification Card BACK FRONT

26 What Medical Marijuana is under Florida law Article X, Section 29 (b)(4) Marijuana Low THC cannabis (b)(6) Medical Use Fla. Stat These are exceptions to Fla. Stat. 893 If possession, distribution, delivery, administration or use occur outside of these two provisions, it is a violation of Fla. Stat. 893

27 What Medical Marijuana is under Florida law Caregiver means a resident of this state who has agreed to assist with a qualified patient s medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection (6). Edibles means commercially produced food items made with marijuana oil, but no other form of marijuana, that are produced and dispensed by a medical marijuana treatment center.

28 What Medical Marijuana is under Florida law Qualified patient means a resident of this state who has been added to the medical marijuana use registry by a qualified physician to receive marijuana or a marijuana delivery device for a medical use and who has a qualified patient identification card. Qualified physician means a person who holds an active, unrestricted license as an allopathic physician under chapter 458 or as an osteopathic physician under chapter 459 and is in compliance with the physician education requirements of subsection (3).

29 What Medical Marijuana is under Florida law Marijuana has the meaning given cannabis under Fla. Stat (3) All parts of any plant of the genus Cannabis Growing or not, the seeds thereof, or resin extracted Every compound, manufacture, salt, derivative, mixture or preparation of the plant, seeds, or resin which are dispensed from a MMJ treatment center For medical use only by a qualified patient Edibles Only made with MJ oil and produced and dispensed by a MMJ treatment center

30 What Medical Marijuana is under Florida law Low THC cannabis is defined in Fla. Stat (1)(e) a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol (THC) 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 from a medical marijuana treatment center

31 What Medical Marijuana is under Florida law Medical Use means the acquisition, possession, use, delivery, transfer or administration of an amount of marijuana not in conflict with the 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 Constitutional amendments expanded the use of medical marijuana also includes all higher level THC products if the patient has a qualifying medical condition, not just for terminal patients

32 What Medical Marijuana is under Florida law Medical use does not include: MJ not purchased at MMJ treatment center MJ in a form for smoking Commercially produced food other than edibles MJ seeds/flowers except those sealed in tamper proof receptacles for vaping Form/amount inconsistent with physician s direction Transfer to any unauthorized person

33 What Medical Marijuana is under Florida law Marijuana remains a Schedule I drug under both Florida and Federal laws and its use, regardless of characterization as medical or recreational, remains prohibited under Federal law

34 What Medical Marijuana is not under Florida law Smoking is not an approved route of administration for medical marijuana Smoking means burning or igniting the substance and inhaling the smoke Smoking does not include the use of a vaporizer Possession, by a patient or sale by a dispensing organization of whole marijuana flower is not permitted Medical marijuana is not permitted to be grown by any individual

35 What Medical Marijuana is not under Florida law MMJ may not be used or administered in the following locations: Any public place or transportation, except for low THC cannabis Place of employment (if prohibited by the employer) Correctional institutions or detention facilities On the grounds of any place of education On a school bus, vehicle, aircraft or motorboat, except for low THC cannabis

36 What Medical Marijuana is not under Florida law MMJ cannot be mailed in the state There are no paper prescriptions for MMJ All orders are created, dispensed and obtained through the Registry Only an order placed through the Registry constitutes a permitted recommendation for MMJ Suggestions or recommendations from a physician is not compliant with Fla. Stat or Article X, Section 29

37 Debilitating medical conditions Article X, Section 29(b)(1) Cancer Epilepsy Glaucoma HIV+ AIDS PTSD Amyotrophic lateral sclerosis (ALS) Crohn s disease Parkinson s disease Multiple sclerosis Conditions of the same class or kind as above Terminal conditions as diagnosed by a physician Chronic non malignant pain

38 Patients Patients cannot use and caregivers cannot administer MMJ in prohibited places Cannot transfer the product to anyone else Cannot falsely represent they are a qualified patient

39 Caregivers Must be residents of Florida and at least 21 Register with MMJ registry and issued ID card Not a physician or have interest in MMJ treatment center or lab Complete caregiver certification course and pass background screening May only be caregiver to one patient Always have MMJ card on person when in possession of MMJ or MMJ device

40 Penalties 1 st degree misdemeanor Doctor provides certification to patient without reasonable belief patient is suffering from a qualifying condition Person fraudulently represents they have a qualifying medical condition in order to be issued certification Patient who uses or caregiver who administers MMJ (except low THC) in plain view of or in place open to public, on school bus, vehicle, aircraft or boat or grounds of a school Purchase of MJ other than from MMJ treatment center may be punished pursuant to Fla. Stat May be misdemeanor or felony

41 Penalties 2 nd degree misdemeanor Patient or caregiver failing/refusing to present MMJ card on request of law enforcement officer Caregiver who violates any of the rules Subsequent violations are a 1 st degree misdemeanor Person who transports MMJ who fails to provide their ID card But, person can avoid conviction if before their court hearing or appearance, they provide in court or to the Clerk s office a valid MMJ card which was valid at the time of their arrest

42 Penalties 3 rd degree felony Manufacturing, distributing, selling, giving or possessing with intent to do the same for MJ or MJ delivery devices held out to have originated from a licensed MMJ facility Counterfeit MMJ or MMJ devices Possession of fraudulent ID cards Blank, stolen, fictitious, forged, counterfeit, etc.

43 What can law enforcement officers do to assist in enforcement? Obtain access to the MMJ Use Registry Notify the Office of MMJ Use to coordinate licensure discipline with criminal enforcement when violations are discovered

44 Changes in Florida DUI laws None!!! Can only obtain blood with warrant or exigent circumstances in a DUI manslaughter or SBI However, be aware of the recent 4 th DCA ruling in McGraw v. State (3/21/18) allowing for a forced blood draw on an unconscious defendant Cannot obtain a warrant for blood due to bad caselaw Can request consensual blood without any penalties Can only request urine pursuant to implied consent If subject refuses, refusal can be used in court, or second or subsequent refusals can be punished criminally

45

46 Officer Luis Lopez Jacksonville Sheriff s Office Garett M. Berman Assistant State Attorney / Director of Training Office of the State Attorney, 17 th Judicial Circuit (954)

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