Fla. Stat. § 1004.4351

Current through the 2024 Legislative Session

Section 1004.4351 - Medical marijuana research

Section 1, ch. 2017-232, provides that "[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment." If such amendment or adoption takes place, s. 1004.4351, as created by s.11, ch. 2017-232, is repealed.

(1) SHORT TITLE.-This section shall be known and may be cited as the "Medical Marijuana Research 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) Under the State Constitution, marijuana is available for the treatment of certain debilitating medical conditions.

(c) Additional clinical studies are needed to ensure that the residents of this state obtain the correct dosing, formulation, route, modality, frequency, quantity, and quality of marijuana for specific illnesses.

(d) An effective medical marijuana research program would mobilize the scientific and medical resources that presently exist in this state to determine the appropriate and best use of marijuana to treat illness.

(3) DEFINITIONS.-As used in this section, the term:

(a) "Board" means the Medical Marijuana Research Board.

(b) "Consortium" means the Consortium for Medical Marijuana Clinical Outcomes Research.

(c) "Marijuana" has the same meaning as provided in s. 29, Art. X of the State Constitution.

(4) CONSORTIUM FOR MEDICAL MARIJUANA CLINICAL OUTCOMES RESEARCH.-

(a) There is established within a state university designated by the Board of Governors the Consortium for Medical Marijuana Clinical Outcomes Research which shall consist of public and private universities. The purpose of the consortium is to conduct rigorous scientific research and disseminate such research.

(b) The Medical Marijuana Research Board is established to direct the operations of the consortium. The board shall be composed of members representing each participating university appointed by the president of each participating university. Board members must have experience in a variety of scientific and medical fields, including, but not limited to, oncology, neurology, psychology, pediatrics, nutrition, and addiction. Members shall be appointed to 4-year terms and may be reappointed to serve additional terms. The chair shall be elected by the board from among its members to serve a 2-year term. The board shall meet at least semiannually at the call of the chair or, in his or her absence or incapacity, the vice chair. Four members constitute a quorum. A majority vote of the members present is required for all actions of the board. The board may prescribe, amend, and repeal a charter governing the manner in which it conducts its business. A board member shall serve without compensation but is entitled to be reimbursed for travel expenses by the consortium or the organization he or she represents in accordance with s. 112.061.

(c) The consortium shall be administered by a director, who shall be appointed by and serve at the pleasure of the board. The director shall, subject to the approval of the board:

1. Propose a budget for the consortium.

2. Foster the collaboration of scientists, researchers, and other appropriate personnel in accordance with the consortium's charter.

3. Engage individuals in public and private university programs relevant to the consortium's work to participate in the consortium.

4. Identify and prioritize the research to be conducted by the consortium.

5. Prepare a plan for medical marijuana research for submission to the board.

6. Apply for grants to obtain funding for research conducted by the consortium.

7. Perform other duties as determined by the board.

(d) The board shall annually adopt a plan for medical marijuana research. The plan must organize a program of research that contributes to the body of scientific knowledge on the effects of the medical use of marijuana and informs both policy and medical practice related to the treatment of debilitating medical conditions with marijuana. Research must include tracking clinical outcomes, certification standards, dosing standards, routes of administration, efficacy, and side effects. Research must also include the study of the effects of smoking marijuana to treat debilitating medical conditions. The board must award funds to members of the consortium and to perform research consistent with the plan. The board shall collaborate with and may award funds to teaching nursing homes, as defined in s. 430.08, for research on medical use of marijuana to alleviate conditions related to chronic disease and aging.

(e) By February 15 of each year, the board shall issue 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.

(f) Beginning August 1, 2019, and quarterly thereafter, the Department of Health shall submit to the board a data set that includes, for each patient registered in the medical marijuana use registry, the patient's qualifying medical condition and the daily dose amount, routes of administration, and forms of marijuana certified for the patient. The department shall also provide the board with such data for all patients registered in the medical marijuana use registry before August 1, 2019.

Fla. Stat. § 1004.4351

ss.1, 11, ch. 2017-232; s.2, ch. 2019-1.

Amended by 2019 Fla. Laws, ch. 1, s 2, eff. 3/18/2019.

Added by 2017SPA Fla. Laws, ch. 232, s 11, eff. 6/23/2017.