Jennifer A. Tschetter Hopping, Green & Sams, P.A.
Legal Framework Local Considerations Future Issues and Challenges
Controlled Substances Act (CSA), 21 U.S.C. 801 et seq. Cole Memorandum, August 29, 2013 8 Enforcement Priorities Prosecutorial discretion Cole Memorandum, February 14, 2014 Prosecutorial discretion for financial crimes
Compassionate Medical Cannabis Act of 2014 Low-THC cannabis for patients with cancer or seizures Chapter 64-4, F.A.C. Established selection process for dispensing organizations Chapter 2016-123, Laws of Florida Cannabis with no THC limits for terminal patients
Makes use of medical cannabis legal Expands definition of qualifying conditions Contemplates MMTCs, not dispensing organizations Administered by the Department of Health 6 months to promulgate regulations 9 months to issue patient identification cards Provides standing for any citizen to sue the Department for failure to comply within 9 months Contemplates caregivers may also have possession Effective January 3, 2017
Passed on June 9, 2017 Senate vote (29-6) House vote (103-9) Needs Governor s signature Will be effective upon becoming law
90-day waiting period removed Low-THC required to be available Edibles and vaping Snow birds accommodated
Allows for three 70-day certifications to be submitted Must see the patient and recertify necessity every 30 weeks Makes registration easier
Generally, must be Florida resident and pass background screening Exceptions for family members and hospice Will not be a profession
Currently 7 MMTCs (formerly dispensing organizations) 10 new MMTCs by October 3, 2017 5 previous applicants named by August 1, 2017 5 new applicants named by October 3, 2017 Preference for Black Farmers Association Preference for citrus processing facilities 4 new MMTCs for every 100,000 patients in the registry
Each MMTC can have a maximum of 25 dispensaries Allotments to MMTCs based upon regional population Can buy and sell dispensaries to alter caps Caps increase by 5 for every 100,000 patients registered Caps sunset on April 1, 2020
Local governments given authority to ban If not banned, cannot limit number Can impose land use regulations, but no more stringent than those applied to pharmacies
Seed-to-sale tracking required Independent laboratory testing required No sales tax
Constitutional authority so not subject to the APA Procedure published 15-day notice period 3-day comment period Initial Regulations published Acknowledge SB 8-A Promise for additional regulations should SB 8-A become law
Dispensing Organizations What Who Where Land Use Considerations Limitations Planning Zoning
Selected by the Department by region after application and scoring Vertical integration Background checks Medical Director
Trulieve (Hackney) Northwest CHT Medical (Chestnut Hill) Northeast The Green Solution (San Felasco) Northeast Knox Medical (Knox) Central Grow Healthy (McCrory s Sunny Hill) Central Surterra (Alpha Foliage) Southwest Modern Health Concepts (Costa Farms) - Southeast
Trulieve Gadsden County CHT Medical Alachua County The Green Solution Alachua County Knox Medical Orange County Grow Healthy Polk County Surterra Hillsborough County Modern Health Concepts Miami-Dade County
Ban Statutorily authorized in SB 8-A City of Riverside v Inland Empire Patients Health & Wellness Center, 300 P.3d 494 (Cal. 2013) Ter Beek v. City of Wyoming, 846 N.W.2d 531 (Mich. 2014) Delivery is always available to facilitate accessibility
A [local government] may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within [its] boundaries. Local governments can ensure compliance with the Florida Building Code and Florida Fire Prevention Code, including local amendments.
A [local government] may not enact ordinances for permitting or determining the location of dispensing facilities which are most restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A [local government] may not charge an MMTC a license or permit fee in an amount greater than the fee charged by such [local government] to pharmacies.
A dispensing facility location approved by a [local government] pursuant to former s. 381.986(8)(b), Florida Statutes 2016, is not subject to the location requirements of this subsection.
Identify permissible land uses and prohibit others Buffers from other land uses Schools and daycares Places of worship Parks Hospitals Residential zoning districts Another dispensing facility
Conditional Use or Special Exception Process Notice requirements Mixed-use limitations Signage Drive-through prohibition Parking requirements
Issuance and termination procedures Hours of operation On-site consumption Entry by patients and personnel only Security system requirements Garbage disposal and odor mitigation Neighborhood representative Local government entry and inspection rights
Federal Response Currently unknown Robust regulatory structure and consistency with 8 enforcement priorities will determine response Department of Health Regulations Litigation