HB 7015 — Medical Use of Marijuana

(b) If a qualified physician issues a physician certification for a qualified patient diagnosed with a qualifying medical condition pursuant to paragraph (2)(k), the physician must submit the following to the applicable board within 14 days after issuing the physician certification:

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A list of other routes of administration, if any, certified by a qualified physician that the patient has tried, the length of time the patient used such routes of administration, and an assessment of the effectiveness of those Page 7 of 28 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 routes1. of administration in treating the qualified patient's qualifying condition.

A list of other routes of administration, if any, certified by a qualified physician that the patient has tried, the length of time the patient used such routes of administration, and an assessment of the effectiveness of those routes of administration in treating the qualified patient's qualifying condition.

The departmentPage shall8 useof the33 dailyCODING: dose amount to calculate a 70-day supply.

1.

A qualified physician may request an exception to the daily dose amount limit.

The request shall be made Page 8 of 28 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 electronicallydepartment onshall ause form adopted by the departmentdaily indose ruleamount andto mustcalculate include, at a minimum:70-day supply.

1.

A qualified physician may request an exception to the daily dose amount limit.

The request shall be made electronically on a form adopted by the department in rule and must include, at a minimum:

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Identify and document in the qualified patient's medical records whether the qualified patient experienced either of the following related to the medical use of marijuana:

a.

An adverse drug interaction with any prescription or Page 9 of 28 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 nonprescription2. medication;

Identify and document in the qualified patient's medical records whether the qualified patient experienced either of the following related to the medical use of marijuana:

a.

An adverse drug interaction with any prescription or nonprescription medication;

(j)(g)Page The10 Board of Medicine33 andCODING: the Board of Osteopathic Medicine shall jointly create a physician certification pattern review panel that shall review all physician certifications submitted to the medical marijuana use registry.

The panel shall Page 10 of 28 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 track(j)(g) andThe reportBoard of Medicine and the numberBoard of Osteopathic Medicine shall jointly create a physician certificationscertification andpattern thereview qualifyingpanel medicalthat conditions,shall dosage,review supplyall amount,physician andcertifications formsubmitted ofto the medical marijuana certified.use registry.

The panel shall track and report the number of physician certifications and the qualifying medical conditions, dosage, supply amount, and form of marijuana certified.

(8) MEDICAL MARIJUANA TREATMENT CENTERS.— (e)(b) AAn licensedapplicant for licensure as a medical marijuana treatment center shall cultivate,apply process,to transport,the anddepartment dispenseon marijuanaa forform medicalprescribed use.by the department and adopted in rule.

The department shall adopt rules pursuant to ss.

120.536(1) and 120.54 establishing a procedure for the issuance and biennial renewal of licenses, including initial application and biennial renewal fees sufficient to cover the costs of implementing and administering this section, and establishing supplemental licensure fees for payment beginning May 1, 2018, sufficient to Page 11 of 33 CODING:

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 cover the costs of administering s.

381.989 ss.

381.989 and 1004.4351.

The department shall identify applicants with strong diversity plans reflecting this state's commitment to diversity and implement training programs and other educational programs to enable minority persons and minority business enterprises, as defined in s.

288.703, and veteran business enterprises, as defined in s.

295.187, to compete for medical marijuana treatment center licensure and contracts.

Subject to the requirements in subparagraphs (a)2.-4., the department shall issue a license to an applicant if the applicant meets the requirements of this section and pays the initial application fee.

The department shall renew the licensure of a medical marijuana treatment center biennially if the licensee meets the requirements of this section and pays the biennial renewal fee.

An individual may not be an applicant, owner, officer, board member, or manager on more than one application for licensure as a medical marijuana treatment center.

An individual or entity may not be awarded more than one license as a medical marijuana treatment center.

An applicant for licensure as a medical marijuana treatment center must demonstrate:

1.

That, for the 5 consecutive years before submitting the application, the applicant has been registered to do business in the state.

2.

Possession of a valid certificate of registration issued by the Department of Agriculture and Consumer Services Page 12 of 33 CODING:

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 pursuant to s.

581.131.

3.

The technical and technological ability to cultivate and produce marijuana, including, but not limited to, low-THC cannabis.

4.

The ability to secure the premises, resources, and personnel necessary to operate as a medical marijuana treatment center.

5.

The ability to maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion or unlawful access to or possession of these substances.

6.

An infrastructure reasonably located to dispense marijuana to registered qualified patients statewide or regionally as determined by the department.

7.

The financial ability to maintain operations for the duration of the 2-year approval cycle, including the provision of certified financial statements to the department.

a.

Upon approval, the applicant must post a $5 million performance bond issued by an authorized surety insurance company rated in one of the three highest rating categories by a nationally recognized rating service.

However, a medical marijuana treatment center serving at least 1,000 qualified patients is only required to maintain a $2 million performance bond.

b.

In lieu of the performance bond required under sub- Page 13 of 33 CODING:

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 subparagraph a., the applicant may provide an irrevocable letter of credit payable to the department or provide cash to the department.

If provided with cash under this sub-subparagraph, the department shall deposit the cash in the Grants and Donations Trust Fund within the Department of Health, subject to the same conditions as the bond regarding requirements for the applicant to forfeit ownership of the funds.

If the funds deposited under this sub-subparagraph generate interest, the amount of that interest shall be used by the department for the administration of this section.

8.

That all owners, officers, board members, and managers have passed a background screening pursuant to subsection (9).

9.

The employment of a medical director to supervise the activities of the medical marijuana treatment center.

10.

A diversity plan that promotes and ensures the involvement of minority persons and minority business enterprises, as defined in s.

288.703, or veteran business enterprises, as defined in s.

295.187, in ownership, management, and employment.

An applicant for licensure renewal must show the effectiveness of the diversity plan by including the following with his or her application for renewal:

a.

Representation of minority persons and veterans in the medical marijuana treatment center's workforce;

b.

Efforts to recruit minority persons and veterans for employment;

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 c.

A record of contracts for services with minority business enterprises and veteran business enterprises.

(e) A licensed medical marijuana treatment center shall cultivate, process, transport, and dispense marijuana for medical use.

Upon request, the department may Pagegrant 11a ofmedical 28marijuana CODING:treatment center a variance from the representations made in the initial application.

Consideration of such a request shall be based upon the individual facts and circumstances surrounding the request.

A variance may not be granted unless the requesting medical marijuana treatment center can demonstrate to the department that it has a proposed alternative to the specific representation made in its application which fulfills the same or a similar purpose as the specific representation in a way that the department can reasonably determine will not be a lower standard than the Page 15 of 33 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 grantspecific arepresentation medical marijuana treatment center a variance from the representations made in the initial application.

Consideration of such a request shall be based upon the individual facts and circumstances surrounding the request.

A variance may not be granted unless the requesting medical marijuana treatment center can demonstrate to the department that it has a proposed alternative to the specific representation made in its application which fulfills the same or a similar purpose as the specific representation in a way that the department can reasonably determine will not be a lower standard than the specific representation in the application.

The individual or entity applying for initial licensure due to a change of ownership must submit an application that must be received by the department at least 60 days before the Pagedate 12 of 28change CODING:of ownership.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 date of change of ownership.

Requested information omitted from an application for licensure must be filed with the department within 21 days after the department's request for omitted information or the application shall be deemed incomplete and shall be withdrawn fromPage further16 considerationof and33 theCODING: fees shall be forfeited.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 from further consideration and the fees shall be forfeited.

A medical marijuana treatment center may not enter into any form of profit-sharing arrangement with the property owner or lessor of any of its facilities where cultivation, processing, storing, or dispensing of marijuana and marijuana Pagedelivery 13devices ofoccurs. 28 CODING:

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 delivery devices occurs.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 a.

Each medical marijuana treatment center must produce Pageand 14make ofavailable 28for CODING:purchase at least one low-THC cannabis product.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 and make available for purchase at least one low-THC cannabis product.

Edibles mayPage have18 a potency variance of no33 greaterCODING: than 15 percent.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 may have a potency variance of no greater than 15 percent.

Within 12 months after licensure, a medical marijuana treatment center must demonstrate to the department that all of Pageits 15processing offacilities 28have CODING:passed a Food Safety Good Manufacturing Practices, such as Global Food Safety Initiative or equivalent, inspection by a nationally accredited certifying body.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 its processing facilities have passed a Food Safety Good Manufacturing Practices, such as Global Food Safety Initiative or equivalent, inspection by a nationally accredited certifying body.

A medical marijuana treatment center that produces prerolled marijuana cigarettes may only produce filtered prerolled marijuana cigarettes and may not use wrapping paper made with tobacco or hemp.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 11.10.

The department shall determine by rule procedures for the storage, handling, transportation, management, and disposal of solid and liquid Pagewaste 16generated ofduring 28marijuana CODING:production and processing.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 waste generated during marijuana production and processing.

Before dispensing, the medical marijuana treatment center must determine that the test results indicate that low- THC cannabis meets the definition of low-THC cannabis, the concentration of tetrahydrocannabinol meets the potency requirements of this section, the labeling of the concentration ofPage tetrahydrocannabinol20 andof cannabidiol33 isCODING: accurate, and all marijuana is safe for human consumption and free from contaminants that are unsafe for human consumption.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 of tetrahydrocannabinol and cannabidiol is accurate, and all marijuana is safe for human consumption and free from contaminants that are unsafe for human consumption.

The department may select a random sample from edibles available for purchase in a dispensing facility which shall be tested by the department to determine that the edible Pagemeets 17the potency requirements of 28this CODING:section, is safe for human consumption, and the labeling of the tetrahydrocannabinol and cannabidiol concentration is accurate.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 meets the potency requirements of this section, is safe for human consumption, and the labeling of the tetrahydrocannabinol and cannabidiol concentration is accurate.

The medical marijuana treatment center must retain records of all testing and samples of each homogenousPage batch21 of marijuana33 forCODING: at least 9 months.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 homogenous batch of marijuana for at least 9 months.

381.988 until such time as at least one laboratory holds the required certification, but in no event later than PageJuly 181, of2018. 28 CODING:

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 July 1, 2018.

(III) The batch number and harvest number from which the marijuanaPage originates22 andof the33 dateCODING: dispensed.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 marijuana originates and the date dispensed.

The medical marijuana treatment center shall Pageinclude 19in ofeach 28package CODING:a patient package insert with information on the specific product dispensed related to:

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 include in each package a patient package insert with information on the specific product dispensed related to:

and 12., marijuana in a form for smoking mustPage be23 packagedof in33 aCODING: sealed receptacle with a legible and prominent warning to keep away from children and a warning that states marijuana smoke contains carcinogens and may negatively affect health.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 must be packaged in a sealed receptacle with a legible and prominent warning to keep away from children and a warning that states marijuana smoke contains carcinogens and may negatively affect health.

11., edible receptacles must be plain, opaque, and white without depictions Pageof 20the ofproduct 28or CODING:images other than the medical marijuana treatment center's department-approved logo and the marijuana universal symbol.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 of the product or images other than the medical marijuana treatment center's department-approved logo and the marijuana universal symbol.

May dispense any active, valid order for low-THC cannabis, medical cannabis and cannabis delivery devices issued pursuantPage to24 formerof s.33 CODING:

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 pursuant to former s.

Must verify that the qualified patient and the caregiver, if applicable, each have an active registration in the medical marijuana use registry and an active and valid medical marijuana use registry identification card, the amount and type of marijuana dispensed matches the physician Pagecertification 21in ofthe 28medical CODING:marijuana use registry for that qualified patient, and the physician certification has not already been filled.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 certification in the medical marijuana use registry for that qualified patient, and the physician certification has not already been filled.

May not dispense or sell any other type of cannabis, alcohol, or illicit drug-related product, including pipes, bongs, or wrapping papers, other than a marijuana delivery device required for the medical use of marijuana and which is specifiedPage in25 aof physician33 certification.CODING:

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 specified in a physician certification.

Section(15) 2.APPLICABILITY.— (a) This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy.

Paragraph(b) (h)This ofsection subsectiondoes (2)not andrequire paragraphan (b)employer ofto subsectionaccommodate (3)the medical use of sectionmarijuana 381.987,in Floridaany Statutes,workplace areor amendedany toemployee read:working while under the influence of marijuana.

381.987(c) PublicThis recordssection exemptiondoes fornot personalcreate identifyinga Pagecause 22 of 28action CODING:against an employer for wrongful discharge or discrimination.

(d) This section does not impair the ability of any party to restrict or limit smoking on his or her private property.

(e) This section does not prohibit the medical use of marijuana or a caregiver assisting with the medical use of marijuana in a nursing home facility licensed under part II of chapter 400, a hospice facility licensed under part IV of Page 26 of 33 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 informationchapter relating400, toor medicalan marijuanaassisted heldliving byfacility thelicensed department.—under (2)part TheI departmentof shallchapter allow429, accessif to the confidentialmedical anduse exemptof informationmarijuana inis thenot medicalprohibited marijuanain usethe registryfacility's to:policies.

(f) Marijuana, as defined in this section, is not reimbursable under chapter 440.

Section 2.

Paragraph (h) of subsection (2) and paragraph (b) of subsection (3) of section 381.987, Florida Statutes, are amended to read:

381.987 Public records exemption for personal identifying information relating to medical marijuana held by the department.— (2) The department shall allow access to the confidential and exempt information in the medical marijuana use registry to:

Section 1004.4351, Florida Statutes, is amended toPage read:27 of 33 CODING:

1004.4351 Medical marijuana research and education.— (1) SHORT TITLE.—This section shall be known and may be cited as the "Medical Marijuana Research and Education Act." (2) LEGISLATIVE FINDINGS.—The Legislature finds that:

(a) The present state of knowledge concerning the use of marijuana to alleviate pain and treat illnesses is limited because permission to perform clinical studies on marijuana is difficult to obtain, with access to research-grade marijuana so Page 23 of 28 CODING:

hb7015-00hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7015 2019 restrictedto thatread: little or no unbiased studies have been performed.

1004.4351 Medical marijuana research and education.— (1) SHORT TITLE.—This section shall be known and may be cited as the "Medical Marijuana Research and Education Act." (2) LEGISLATIVE FINDINGS.—The Legislature finds that:

(a) The present state of knowledge concerning the use of marijuana to alleviate pain and treat illnesses is limited because permission to perform clinical studies on marijuana is difficult to obtain, with access to research-grade marijuana so restricted that little or no unbiased studies have been performed.

(b) "Consortium" "Coalition" means the Consortium CoalitionPage for28 Medicalof Marijuana33 ClinicalCODING: Outcomes Research and Education.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 Coalition for Medical Marijuana Clinical Outcomes Research and Education.

(4) CONSORTIUM COALITION FOR MEDICAL MARIJUANA CLINICAL OUTCOMES RESEARCH AND EDUCATION.— (a) There is established within a state university designated by the Board of Governors the H.

Lee Moffitt Cancer Center and Research Institute, Inc., the Consortium Coalition for Medical Marijuana Clinical Outcomes Research andwhich Educationshall Pageconsist 24 of 28public CODING:and private universities and Education.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 within the University of Florida consisting of public and private universities.

Board members must have experience in a variety of scientific and medical fields, including, but not limited to, oncology,Page neurology,29 psychology,of pediatrics,33 nutrition,CODING: and addiction.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 oncology, neurology, psychology, pediatrics, nutrition, and addiction.

The board may prescribe, amend, and repeal a charter governing the Pagemanner 25in ofwhich 28it CODING:conducts its business.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 manner in which it conducts its business.

Identify and prioritize the research to be conducted byPage the30 consortiumof coalition.33 CODING:

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 by the consortium coalition.

(d) The board shall advise the Board of Governors, the State Surgeon General, the Governor, and the Legislature with Pagerespect 26to ofmedical 28marijuana CODING:research and education in this state.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 respect to medical marijuana research and education in this state.

The board must award funds to members of the consortium to perform research consistent with the plan, known as the "Medical MarijuanaPage Research31 andof Education33 Plan,"CODING: which must be in accordance with state law and coordinate with existing programs in this state.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 Marijuana Research and Education Plan," which must be in accordance with state law and coordinate with existing programs in this state.

(e)(f) By February 15 of each year, the board shall issue Pagea 27report to the Governor, the President of 28the CODING:Senate, and the Speaker of the House of Representatives on research projects, research findings, community outreach initiatives, and future plans for the consortium coalition.

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hb7015-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7015 2019 a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on research projects, research findings, community outreach initiatives, and future plans for the consortium coalition.

Lee Moffitt Cancer Center and Research Institute, Inc., shall allocate staff and provide informationPage and32 assistance,of as33 theCODING: coalition's budget permits, to assist the board in fulfilling its responsibilities.

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hb7015-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7015 2019 information and assistance, as the coalition's budget permits, to assist the board in fulfilling its responsibilities.

This(1) actFor shallthe take2019-2020 effectfiscal Julyyear, 1,the 2019.sum of $1.5 million in recurring funds is appropriated from the General Revenue Fund to the Board of Governors for the purpose of implementing the Consortium for Medical Marijuana Clinical Outcomes Research established under s.

Page1004.4351, 28Florida ofStatutes. 28 CODING:

(2) For the 2019-2020 fiscal year, the sums of $705,331 in recurring funds and $215,000 in nonrecurring funds are appropriated from the Grants and Donations Trust Fund to the Department of Health for the purpose of implementing the requirements of this act.

Section 5.

This act shall take effect upon becoming a law.

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