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Where are we going? proof vaping receptacles. Medical mari- medicinal or other legitimate use. this state in possession of medical mari-
“How we got here” briefly reviewed juana may not be dispensed in a form Despite efforts during the Obama juana legally obtained in another juris-
the efforts in Florida to legalize medical that may be smoked. Administration to decriminalize the pos- diction. To date, there has been no guid-
marijuana. Now we will review some Licensed Growers, Processers, and session of small amounts of marijuana, ance concerning how law enforcement
additional provisions of the 2016 Act. Dispensaries. The Compassionate Care with some support from Congress, that will treat these individuals. Similarly,
We will also raise some questions that Act established a vertically integrated classification remains in effect today. what will happen if one of these travelers
the 2016 Amendment and the 2016 Act program for licensees to grow, process, Members of the Trump Administration, either forgets to bring or consumes their
have left unresolved. and distribute medical marijuana. The particularly Attorney General Sessions supply of medical marijuana while in
No Waiting Period. One of the most 2016 Act has retained this closed verti- and HHS Secretary Price, have indicated Florida, will they be able to obtain a
significant changes in the 2016 Act is the cally integrated licensing system, with that they are opposed to any effort to “refill”?
elimination of 90-day waiting period some important differences. First, ten reclassify marijuana. Indeed, Attorney Amendment 2 and the 2016 Act have
required under the Compassionate Care (10) additional licensees (five (5) in July General Sessions has indicated his view left many more questions unanswered.
Act. Thus, a patient who is examined by and another five (5) in October) will be that all violations of federal law should For example, how are employers sup-
an authorized physician and determined added to the seven (7) organizations that be prosecuted, including those involving posed to react when employees are pre-
to have a “qualifying condition”, will be currently are licensed in Florida. possession of marijuana. Thus, an impor- scribed medical marijuana; will travelers
eligible to receive medical marijuana Thereafter, for each additional 100,000 tant unanswered question remains con- in airports be permitted to possess legally
immediately. patients added to the Medical Marijuana cerning what position this administra- obtained marijuana (the Greater Orlando
Identifying a “qualifying condition”. Use Registry, four (4) additional licenses tion will take regarding Florida and the Aviation Authority is considering a poli-
Both the Compassionate Care Act and are to be issued. Second, each licensee other states that have legalized the pro- cy to have these individuals arrested);
the 2016 Act include within the defini- will be permitted to open twenty-five duction, processing and distribution of will medical marijuana ever be covered
tion of a “qualifying condition” any (25) dispensaries around the state. What some form of medical marijuana. (Those by health insurance; and will marijuana
“other debilitation medical conditions of is not clear is whether local governments states that have legalized the recreational dispensaries be classified as “clinics”?
the same kind or class or comparable to will be able to ban or specifically regulate use of marijuana should have even While legalizing medical marijuana
those enumerated” in the statute. This where dispensaries in their jurisdictions greater concern with the federal govern- promises to bring many Floridians relief,
appears to leave authorized physicians can be located. ment’s position.) Some of the questions in addition to the clinical questions sur-
with wide latitude in determining Role of Telemedicine. As noted in Part raised by this conflict between federal rounding its use, there are many legal
whether a patient who does not have one 1, the 2016 Act expressly requires an and Florida law include: and practical questions that need to be
of the enumerated “qualifying condi- authorized physician to personally • Will the seven (7), soon to be seven- considered. Physicians and lay persons
tions” should be prescribed medical mar- supervise the examination of a patient in teen (17) licensees be prosecuted? who are looking at this as a business
ijuana. However, until either the order to determine whether he/she has a • What about the physicians who have opportunity will be well advised to seek
Department of Health, Board of “qualifying condition”. What remains received authorizations to prescribe the assistance of legal counsel and other
Medicine, or Board of Osteopathic unclear is whether an authorized physi- medical marijuana? consultants who have expertise in this
Medicine issues further guidance, cian also must personally examine a • Will patients with Qualified area.
authorized physicians should not seek to patient seeking refills of their medical Conditions risk arrest and prosecution
push the envelope concerning which marijuana prescription. The Florida for possession of marijuana?
patients should receive this drug. Board of Medicine has scheduled a pub- Tourists. Amendment 2 and the 2016 Stephen H. Siegel, Esq., Of Counsel,
No Smoking. The 2016 Act also lic hearing on this question in early Act authorize a limited class of Florida Broad and Cassel, can be reached at
addressed the issue of how medical mar- August. residents to possess and consume certain shsiegel@broadandcassel.com
ijuana may be dispensed to a patient. Federal Enforcement. Since the early forms of medical marijuana. It seems or (305) 373-9424.
Patients may receive medical marijuana 1970’s marijuana has been classified as a inevitable that there will be tourists and
in the form of edibles and in tamper- Schedule 1 drug – one with no known business travelers who will come into

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July 27
South Florida Healthcare Networking Group Meeting August 9-11
You are invited to the monthly meeting of the South Florida Healthcare UAB National Symposium for Healthcare Executives
Networking Group (SFHNG) hosted by Kendall Regional Medical Center on The UAB National Symposium for Healthcare Executives will be held August 9-
Thursday, July 27 from 7:45 to 10 a.m. Download the reservation form at 11 at the Hilton Sandestin Beach Resort. Earn 12+ ACHE face-to-face credits. Visit
www.southfloridahospitalnews.com or call (561) 368-6950. uab.edu/nshe for more information.

July 27 October 11
SFHEF Summer Networker Broad and Cassel Health Forum
The South Florida Healthcare Executive Forum will hold their Summer Broad and Cassel LLP and The Advisory Board Company are hosting the
Networker at Prohibition Restaurant, 3403 N. Miami Ave., Midtown, Miami on Seventh Annual Health Forum on Wednesday, October 11, 2017 at the Signature
Thursday, July 27 from 5:30 – 8 p.m. For more information and to register, visit Grand in Davie, FL. Registration will begin at 11:30 a.m. followed by presenta-
www.sfhef.org. tions and discussions with some of the industry's top professionals knowledgeable
about today's rapidly changing health care landscape. For more information, con-
August 3 tact Elizabeth Levine at elevine@broadandcassel.com or (407) 839-4229.
1st Annual SFHHA Healthcare Night and Mixer
The South Florida Hospital and Healthcare Association will hold its 1st Annual
Healthcare Night and Mixer on August 3 at 6 p.m. at the Hard Rock Stadium. For
information, go to sfhha.com or call (954) 964-1660

South Florida Hospital News southfloridahospitalnews.com July 2017 31