The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 385
CHRONIC DISEASES

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F.S. 385.211

385.211 Refractory and intractable epilepsy treatment and research at recognized medical centers.—

¹(1) As used in this section, the term “low-THC cannabis” means “low-THC cannabis” as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in former s. 381.986, Florida Statutes 2016, or a medical marijuana treatment center as defined in s. 381.986.

(2) Notwithstanding chapter 893, medical centers recognized pursuant to s. 381.925, or an academic medical research institution legally affiliated with a licensed children’s specialty hospital as defined in s. 395.002(28) that contracts with the Department of Health, may conduct research on cannabidiol and low-THC cannabis. This research may include, but is not limited to, the agricultural development, production, clinical research, and use of liquid medical derivatives of cannabidiol and low-THC cannabis for the treatment for refractory or intractable epilepsy. The authority for recognized medical centers to conduct this research is derived from 21 C.F.R. parts 312 and 316. Current state or privately obtained research funds may be used to support the activities described in this section.

History.—s. 3, ch. 2014-157; s. 1, ch. 2016-212; ss. 1, 8, ch. 2017-232; s. 21, ch. 2018-24; s. 5, ch. 2021-112.

¹Note.—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, subsection (1), as amended by s. 1, ch. 2017-232, will read:

(1) As used in this section, the term “low-THC cannabis” means “low-THC cannabis” as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in s. 381.986.

F.S. 385.211 on Google Scholar

F.S. 385.211 on Casetext

Amendments to 385.211

Arrestable Offenses / Crimes under Fla. Stat. 385.211

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 385.211.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NORTHEASTERN RURAL ELECTRIC MEMBERSHIP CORPORATION, v. WABASH VALLEY POWER ASSOCIATION, INC., 707 F.3d 883 (7th Cir. 2013)

. . . . § 385.211(a) (establishing general rule that “[a]ny person may file a protest to object to ... . . .

NORTHWEST PIPELINE CORPORATION, v. FEDERAL ENERGY REGULATORY COMMISSION, NORTHWEST PIPELINE CORPORATION, v. FEDERAL ENERGY REGULATORY COMMISSION,, 61 F.3d 1479 (10th Cir. 1995)

. . . . §§ 385.211, 385.214 (1994), one of Northwest’s unbundled customers, Northwest Natural Gas Company ( . . .