Senate Bill 720 (2020) — Medical use of marijuana in schools
SB 720
Florida Bills
Florida Senate - 2020 SB 720 By Senator Montford 3-00737-20 2020720__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the medical use of marijuana in 2 schools; amending s. 381.986, F.S.; conforming 3 provisions to changes made by the act; authorizing a 4 qualified patient to designate more than one caregiver 5 to assist with the qualified patient’s medical use of 6 marijuana under certain circumstances; authorizing a 7 county-designated caregiver to register as a caregiver 8 for more than one qualified patient under certain 9 circumstances; conforming cross-references; creating 10 s. 381.9867, F.S.; defining terms; providing a 11 procedure for a parent of a student who is a qualified 12 patient to request that marijuana be administered to 13 the student during the school day; requiring the 14 parent to include certain information in the written 15 request to a school principal; specifying that a 16 registered caregiver who is authorized by that 17 student’s parent to administer marijuana to the 18 student during the school day is responsible for 19 obtaining, accounting for, and storing the marijuana 20 and any marijuana delivery devices; requiring a school 21 principal who receives a request authorizing a county-22 designated caregiver to administer marijuana to the 23 student to notify the county health department for the 24 county in which the school is located; requiring a 25 county health department that receives such 26 notification to notify the Department of Health of the 27 request; requiring the department to designate no more 28 than two employees of the county health department to 29
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. serve as county-designated caregivers; requiring a 30 county-designated caregiver to follow the procedures 31 adopted by department rule; requiring the student’s 32 caregiver to provide to a county-designated caregiver 33 at a certain location an appropriate supply of 34 marijuana and any marijuana delivery devices needed 35 during the school day; requiring the county-designated 36 caregiver to document and account for the marijuana 37 and any marijuana delivery devices received; requiring 38 marijuana in its original container and marijuana 39 delivery devices to be stored under lock and key when 40 not in use or when being transported for use; 41 providing that a county-designated caregiver is not 42 liable for civil damages as a result of his or her 43 actions if certain criteria are met; requiring a 44 school principal who receives a request for marijuana 45 to be administered during the school day to designate 46 an isolated area on school grounds where marijuana may 47 be administered to the student; requiring that a 48 caregiver or a county-designated caregiver 49 administering marijuana to the student do so in the 50 area the school principal designates; prohibiting 51 marijuana and marijuana delivery devices from being 52 stored on school grounds; prohibiting a school from 53 obstructing a student who is a qualified patient from 54 accessing marijuana during the school day; providing 55 that funding needed to administer this
section must be 56 provided from the Grants and Donations Trust Fund 57 within the Department of Health from certain fees the 58
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. department collects; requiring the department to adopt 59 rules; amending s. 1006.062, F.S.; deleting a 60 requirement that each district school board adopt a 61 policy and a procedure for allowing a student who is a 62 qualified patient to access marijuana for medical use; 63 providing an effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67
Section 1. Paragraph (
j) of subsection (1), subsection (6), 68 paragraph (
c) of subsection (12), and paragraph (
g) of 69 subsection (14) of
section 381.986, Florida Statutes, are 70 amended to read: 71 381.986 Medical use of marijuana.— 72
(1) DEFINITIONS.—As used in this section, the term: 73 (j) “Medical use” means the acquisition, possession, use, 74 delivery, transfer, or administration of marijuana authorized by 75 a physician certification. The term does not include: 76 1. Possession, use, or administration of marijuana that was 77 not purchased or acquired from a medical marijuana treatment 78 center. 79 2. Possession, use, or administration of marijuana in the 80 form of commercially produced food items other than edibles or 81 of marijuana seeds. 82 3.
Use or administration of any form or amount of marijuana 83 in a manner that is inconsistent with the qualified physician’s 84 directions or physician certification. 85 4. Transfer of marijuana to a person other than the 86 qualified patient for whom it was authorized or the qualified 87
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. patient’s caregiver on behalf of the qualified patient. 88 5. Use or administration of marijuana in the following 89 locations: 90 a. On any form of public transportation, except for low-THC 91 cannabis not in a form for smoking. 92 b. In any public place, except for low-THC cannabis not in 93 a form for smoking. 94 c. In a qualified patient’s place of employment, except 95 when permitted by his or her employer. 96 d.
In a state correctional institution, as defined in s. 97 944.02, or a correctional institution, as defined in s. 944.241. 98 e. On the grounds of a preschool, primary school, or 99 secondary school, except as provided in s. 381.9867 s. 1006.062. 100 f. In a school bus, a vehicle, an aircraft, or a motorboat, 101 except for low-THC cannabis not in a form for smoking. 102 6. The smoking of marijuana in an enclosed indoor workplace 103 as defined in s. 386.203(5). 104
(6) CAREGIVERS.— 105 (
a) The department must register an individual as a 106 caregiver on the medical marijuana use registry and issue a 107 caregiver identification card if an individual designated by a 108 qualified patient meets all of the requirements of this 109 subsection and department rule. 110 (
b) A caregiver must: 111 1. Not be a qualified physician and not be employed by or 112 have an economic interest in a medical marijuana treatment 113 center or a marijuana testing laboratory. 114 2. Be 21 years of age or older and a resident of this 115 state. 116
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. 3. Agree in writing to assist with the qualified patient’s 117 medical use of marijuana. 118 4. Be registered in the medical marijuana use registry as a 119 caregiver for no more than one qualified patient, except as 120 provided in paragraph (
d) this paragraph. 121 5. Successfully complete a caregiver certification course 122 developed and administered by the department or its designee, 123 which must be renewed biennially. The price of the course may 124 not exceed $100. 125 6. Pass a background screening pursuant to subsection (9), 126 unless the patient is a close relative of the caregiver. 127 (
c) A qualified patient may not designate no more than one 128 caregiver to assist with the qualified patient’s medical use of 129 marijuana, unless: 130 1. The qualified patient is a minor and the designated 131 caregivers are parents or legal guardians of the qualified 132 patient; 133 2. The qualified patient is an adult who has an 134 intellectual or developmental disability that prevents the 135 patient from being able to protect or care for himself or 136 herself without assistance or supervision and the designated 137 caregivers are the parents or legal guardians of the qualified 138 patient; 139 3.
The qualified patient is admitted to a hospice program; 140 or 141 4. The qualified patient is participating in a research 142 program in a teaching nursing home pursuant to s. 1004.4351; or 143 5. The qualified patient is a student whose parent has 144 requested that a county-designated caregiver assist the student 145
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. with the medical use of marijuana during the school day pursuant 146 to s. 381.9867. 147 (
d) A caregiver may not be registered in the medical 148 marijuana use registry as a designated caregiver for no more 149 than one qualified patient, unless: 150 1. The caregiver is a parent or legal guardian of more than 151 one minor who is a qualified patient; 152 2. The caregiver is a parent or legal guardian of more than 153 one adult who is a qualified patient and who has an intellectual 154 or developmental disability that prevents the patient from being 155 able to protect or care for himself or herself without 156 assistance or supervision; 157 3.
All qualified patients whom the caregiver has agreed to 158 assist are admitted to a hospice program and have requested the 159 assistance of that caregiver with the medical use of marijuana; 160 the caregiver is an employee of the hospice; and the caregiver 161 provides personal care or other services directly to clients of 162 the hospice in the scope of that employment; or 163 4. All qualified patients whom the caregiver has agreed to 164 assist are participating in a research program in a teaching 165 nursing home pursuant to s. 1004.4351; or 166 5.
The caregiver is a county-designated caregiver and all 167 qualified patients whom the caregiver has agreed to assist are 168 students whose parents have requested the assistance of a 169 county-designated caregiver to assist the students with the 170 medical use of marijuana during the school day pursuant to s. 171 381.9867. 172 (
e) A caregiver may not receive compensation, other than 173 actual expenses incurred, for any services provided to the 174
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. qualified patient. 175 (
f) If a qualified patient is younger than 18 years of age, 176 only a caregiver may purchase or administer marijuana for 177 medical use by the qualified patient. The qualified patient may 178 not purchase marijuana. 179 (
g) A caregiver must be in immediate possession of his or 180 her medical marijuana use registry identification card at all 181 times when in possession of marijuana or a marijuana delivery 182 device and must present his or her medical marijuana use 183 registry identification card upon the request of a law 184 enforcement officer. 185 (
h) The department may adopt rules pursuant to ss. 186 120.536(1) and 120.54 to implement this subsection. 187
(12) PENALTIES.— 188 (
c) A qualified patient who uses marijuana, not including 189 low-THC cannabis, or a caregiver who administers marijuana, not 190 including low-THC cannabis, in plain view of or in a place open 191 to the general public; in a school bus, a vehicle, an aircraft, 192 or a boat; or on the grounds of a school, except as provided in 193 s. 381.9867 s. 1006.062, commits a misdemeanor of the first 194 degree, punishable as provided in s. 775.082 or s. 775.083. 195
(14) EXCEPTIONS TO OTHER LAWS.— 196 (
g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 197 any other provision of law, but subject to the requirements of 198 this
section and pursuant to policies and procedures established 199 pursuant to s. 1006.62(8), school personnel may possess 200 marijuana that is obtained for medical use pursuant to this 201
section by a student who is a qualified patient. 202
Section
Section 381.9867, Florida Statutes, is created 203
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. to read: 204 381.9867 Medical use of marijuana in schools.— 205
(1) As used in this section, the term: 206 (a) “Caregiver” has the same meaning as in s. 381.986(1). 207 (b) “County-designated caregiver” means a county health 208 department employee designated by the department pursuant to 209 subsection (4) who has an identification card and is registered 210 as a caregiver pursuant to s. 381.986(6). 211 (c) “Marijuana,” “marijuana delivery device,” “medical 212 use,” “physician certification,” and “qualified patient” have 213 the same meanings as in s. 381.986(1). 214
(2) A parent of a student who is a qualified patient may 215 request that marijuana obtained pursuant to s. 381.986 be 216 administered to the student during the school day. The parent 217 must make the request in writing to the school principal and 218 must include all of the following information: 219 (
a) A copy of the student’s current patient identification 220 card as described in s. 381.986(7)(a). 221 (
b) A copy of the student’s current physician certification 222 as described in s. 381.986(4). 223 (
c) A statement from the parent which explains the 224 necessity for administering the marijuana to the student during 225 the school day, including any occasion when the student is away 226 from school property attending official school activities. 227 (
d) A statement from the parent authorizing the student’s 228 registered caregiver or a county-designated caregiver to 229 administer marijuana to the student. If the parent is the 230 student’s registered caregiver, the parent may include a 231 statement of his or her desire to administer marijuana to the 232
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. student. 233
(3) If the parent authorizes the student’s registered 234 caregiver to administer marijuana to the student during the 235 school day, the caregiver is responsible for obtaining, 236 accounting for, and storing the marijuana and any marijuana 237 delivery devices as provided in this
section and s. 381.986. 238 (4)(
a) Upon receiving a request under subsection (2) that 239 includes a statement authorizing a county-designated caregiver 240 to administer marijuana to a student, a school principal shall 241 promptly notify the county health department for the county in 242 which the school is located. Upon receipt of the notification, 243 the county health department shall notify the department of the 244 request, and the department shall designate no more than two 245 employees of the county health department to serve as county-246 designated caregivers. A county-designated caregiver shall 247 follow the procedures adopted by department rule under 248 subsection (8). 249 (
b) The student‘s caregiver shall provide to a county-250 designated caregiver at a county health department building an 251 appropriate supply of marijuana and any marijuana delivery 252 devices necessary for administering the marijuana during the 253 school day, all of which must be obtained pursuant to s. 254 381.986. The county-designated caregiver shall document and 255 account for the marijuana and any marijuana delivery devices 256 received.
The county-designated caregiver is responsible for the 257 transportation of the marijuana and marijuana delivery devices 258 used in administering marijuana to the student to and from the 259 county health department building and the school. When the 260 marijuana or marijuana delivery devices are not in use or being 261
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. transported for use, the marijuana must be placed in its 262 original container and it and any marijuana delivery devices 263 must be stored in a secure fashion under lock and key. 264 (
c) A county-designated caregiver is not liable for civil 265 damages arising out of his or her actions taken in connection 266 with assisting students who are qualified patients with the 267 medical use of marijuana if the county-designated caregiver acts 268 as a reasonably prudent person would have acted under the same 269 or similar circumstances. 270
(5) A school principal who receives a request under 271 subsection (2) must designate an isolated area on school grounds 272 where marijuana may be administered to the student. A caregiver 273 or county-designated caregiver may administer marijuana to the 274 student on school grounds only in the designated area. Marijuana 275 and marijuana delivery devices may not be stored on school 276 grounds. 277
(6) A school may not obstruct a student who is a qualified 278 patient from accessing marijuana during the school day in 279 accordance with this section. 280
(7) Funding to administer this
section must be provided 281 through the Grants and Donations Trust Fund within the 282 Department of Health from fees the department collects under s. 283 381.986. 284
(8) The department shall adopt rules necessary to 285 administer this section. 286
Section 3. Subsection (8) of
section 1006.062, Florida 287 Statutes, is amended to read: 288 1006.062 Administration of medication and provision of 289 medical services by district school board personnel.— 290
Florida Senate - 2020 SB 720 3-00737-20 2020720__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions.
(8) Each district school board shall adopt a policy and a 291 procedure for allowing a student who is a qualified patient, as 292 defined in s. 381.986, to use marijuana obtained pursuant to 293 that section. Such policy and procedure shall ensure access by 294 the qualified patient; identify how the marijuana will be 295 received, accounted for, and stored; and establish processes to 296 prevent access by other students and school personnel whose 297 access would be unnecessary for the implementation of the 298 policy. 299