SB 1398 full text · Session Watch

Florida Senate - 2026 SB 1398 By Senator Smith 17-00091A-26 20261398__

1 A bill to be entitled

2 An act relating to the availability of marijuana for

3 adult use; amending s. 212.08, F.S.; revising the

4 sales tax exemption for the sale of marijuana and

5 marijuana delivery devices to apply only to purchases

6 by qualified patients and caregivers; amending s.

7 381.986, F.S.; revising definitions; revising

8 background screening requirements for caregivers;

9 revising provisions related to the licensure and

10 functions of medical marijuana treatment centers

11 (MMTCs); requiring the Department of Health to adopt

12 by rule certain standards, procedures, and

13 requirements; requiring the department to adopt by

14 rule a specified MMTC registration form; providing

15 registration requirements; providing that a

16 registration expires after a specified time; requiring

17 an MMTC to obtain separate operating licenses to

18 perform certain operations; specifying application

19 requirements for MMTCs to obtain cultivation licenses

20 and processing licenses; providing for the expiration

21 and renewal of such licenses; requiring an MMTC to

22 obtain a facility permit before cultivating or

23 processing marijuana at the facility; authorizing

24 MMTCs licensed to cultivate or process marijuana to

25 use contractors to assist with the cultivation and

26 processing of marijuana; providing that a licensee is

27 ultimately responsible for all operations relating to

28 the cultivation and processing and for maintaining

29 physical possession of the marijuana at all times;

30 requiring that work done by contractors be performed

31 at permitted facilities; requiring licensees using a

32 contractor to register the contractor’s principals and

33 employees under certain circumstances; providing that

34 such principals and employees may not begin

35 participating in the operations until they have

36 received an identification card from the department;

37 providing for the destruction of certain marijuana

38 byproducts within a specified timeframe after their

39 production; authorizing MMTCs licensed to cultivate

40 and process marijuana to sell marijuana at wholesale

41 to other registered MMTCs only if certain conditions

42 are met; prohibiting an MMTC from transporting or

43 delivering marijuana outside of its property without a

44 transportation license; providing requirements for the

45 cultivation and processing of marijuana; deleting a

46 requirement that each MMTC produce and make available

47 for purchase at least one low-THC cannabis product;

48 deleting certain tetrahydrocannabinol limits for

49 edibles; requiring an MMTC that holds a license for

50 processing to test marijuana before it is sold in

51 addition to when it is dispensed; deleting obsolete

52 language; revising packaging requirements for

53 marijuana and edibles; providing application

54 requirements for an MMTC to obtain a retail license;

55 providing for the expiration and renewal of a retail

56 license; requiring an MMTC to obtain a facility permit

57 before selling, dispensing, or storing marijuana in a

58 facility; requiring an MMTC to cease certain

59 operations in a facility under certain circumstances;

60 prohibiting a dispensing facility from repackaging or

61 modifying marijuana that has already been packaged for

62 sale; providing exceptions; authorizing a retail

63 licensee to contract with an MMTC that has a

64 transportation license to transport marijuana for the

65 retail licensee under certain circumstances;

66 prohibiting onsite consumption or administration of

67 marijuana at a dispensing facility; revising

68 requirements for the dispensing of marijuana by an

69 MMTC licensed for retail; requiring an MMTC licensed

70 for retail to include specified information on the

71 label for marijuana or a marijuana delivery device

72 dispensed to a qualified patient or caregiver;

73 authorizing an MMTC to sell marijuana to an adult 21

74 years of age or older under certain circumstances;

75 requiring MMTC employees to verify the age of such

76 buyers using specified methods; prohibiting an MMTC

77 from requesting or storing a buyer’s personal

78 information other than that needed to verify the

79 buyer’s age; revising a provision prohibiting an MMTC

80 from dispensing or selling specified products;

81 revising safety and security requirements for MMTCs;

82 providing application requirements for an MMTC to

83 obtain a transportation license; prohibiting the

84 transportation of marijuana on certain properties;

85 requiring that marijuana be transported only in

86 vehicles owned or leased by a licensee or the

87 licensee’s contractor and appropriately permitted by

88 the department; providing a process and requirements

89 for MMTCs to obtain a vehicle permit; requiring MMTCs

90 to designate a registered employee or contract

91 employee as the driver for each permitted vehicle;

92 requiring proof of such designation to be displayed in

93 the vehicle at all times; requiring that each

94 permitted vehicle be monitored using GPS technology;

95 providing for the expiration and cancellation of

96 vehicle permits; providing that specified persons may

97 inspect and search a permitted vehicle transporting

98 marijuana without a search warrant; authorizing an

99 MMTC licensed to transport marijuana and marijuana

100 delivery devices to deliver or contract for the

101 delivery of marijuana and marijuana delivery devices

102 to other MMTCs within this state, to qualified

103 patients and caregivers within this state, and to

104 adults 21 years of age or older within this state;

105 specifying that a county or municipality may not

106 prohibit deliveries of marijuana or marijuana delivery

107 devices to qualified patients and caregivers within

108 that county or municipality; requiring an MMTC

109 delivering marijuana or a marijuana delivery device to

110 a qualified patient or his or her caregiver to verify

111 the identity of the qualified patient; requiring an

112 MMTC or its contractor delivering marijuana to an

113 adult 21 years of age or older to verify his or her

114 age; providing requirements for such verification;

115 requiring the department to adopt certain rules for

116 the delivery of marijuana; authorizing MMTCs to use

117 contractors to assist with the transportation of

118 marijuana; specifying that an MMTC is responsible for

119 a contractor’s actions and operations related to the

120 transportation of marijuana; requiring an MMTC to know

121 the location of all of its marijuana products at all

122 times; requiring principals and employees of a

123 contractor to register with the department and receive

124 an MMTC employee identification card before

125 participating in the operations of an MMTC; providing

126 for the permitting of cultivation, processing,

127 dispensing, and storage facilities; requiring the

128 department to adopt by rule a facility permit

129 application form; requiring the department to inspect

130 a facility before issuing a permit; requiring the

131 department to issue or deny a facility permit within a

132 specified timeframe; providing for the expiration of

133 facility permits; requiring the department to inspect

134 a facility for compliance before the renewal of a

135 facility permit; requiring an MMTC whose facility

136 permit expires or is suspended or revoked to cease

137 applicable operations until the department takes

138 certain actions; requiring cultivation facilities and

139 processing facilities to be insured with specified

140 hazard and liability insurance; providing requirements

141 for the location of cultivation facilities and

142 processing facilities; preempting to the state all

143 matters regarding the permitting and regulation of

144 cultivation facilities and processing facilities;

145 requiring dispensing facilities and storage facilities

146 to be insured with specified hazard and liability

147 insurance; providing requirements for the location of

148 dispensing facilities and storage facilities;

149 clarifying that the governing body of a county or a

150 municipality may prohibit or limit the number of

151 dispensing facilities located within its jurisdiction

152 but may not prohibit an MMTC licensed for retail or

153 its permitted storage facility from being located in

154 such county’s or municipality’s jurisdiction if the

155 MMTC is delivering marijuana to qualified patients in

156 that jurisdiction; prohibiting the department from

157 issuing a facility permit for a dispensing facility in

158 a county or municipality that adopts a specified

159 ordinance; prohibiting counties and municipalities

160 from requiring, requesting, or accepting financial

161 contributions or similar benefits from MMTCs, except

162 for levying local business taxes; authorizing a county

163 or municipality to levy a local tax on a dispensing

164 facility; providing that local ordinances may not

165 result in or provide for certain outcomes; authorizing

166 the department to adopt specified requirements by

167 rule; requiring the department to adopt rules to

168 administer the registration of certain MMTC

169 principals, employees, and contractors; requiring an

170 MMTC to apply to the department for the registration

171 of certain persons before hiring or contracting with

172 such persons; requiring the department to adopt by

173 rule a registration form that includes specified

174 information; requiring the department to register

175 persons who satisfy specified conditions and issue

176 them MMTC employee identification cards; providing

177 requirements for the identification cards; requiring a

178 registered person and the MMTC to update the

179 department within a specified timeframe if certain

180 information or the person’s employment status changes;

181 authorizing the department to contract with vendors to

182 issue MMTC employee identification cards; requiring

183 the department to inspect an MMTC and its facilities

184 upon receipt of a complaint and to inspect each

185 permitted facility at least biennially; authorizing

186 the department to conduct additional inspections of a

187 facility under certain circumstances; revising

188 administrative penalties; authorizing the department

189 to suspend, revoke, or refuse to renew an MMTC’s

190 registration, operating licenses, vehicle permits, or

191 facility permits for violating certain provisions;

192 requiring the department to refuse to renew an MMTC’s

193 cultivation, processing, retail, or transportation

194 license under certain circumstances; revising

195 provisions related to criminal and civil penalties and

196 fees to conform to changes made by the act; providing

197 applicability; deleting obsolete language; creating s.

198 381.9901, F.S.; authorizing a person 21 years of age

199 or older to purchase marijuana products, marijuana in

200 a form for smoking, and marijuana delivery devices

201 under certain circumstances; requiring that such

202 products be purchased only from an MMTC licensed by

203 the department for the retail sale of marijuana and

204 registered with the Department of Business and

205 Professional Regulation for sale of marijuana for

206 adult use; providing for criminal penalties;

207 authorizing a person 21 years of age or older to

208 possess, use, transport, or transfer to another person

209 21 years of age or older marijuana products, marijuana

210 in a form for smoking, and marijuana delivery devices

211 under certain circumstances; providing limitations and

212 criminal penalties; clarifying that a private property

213 owner may restrict the smoking or vaping of marijuana

214 on his or her property but a landlord may not prevent

215 his or her tenants from possessing or using marijuana

216 by other means; providing that certain provisions do

217 not exempt a person from prosecution for a criminal

218 offense related to impairment or intoxication

219 resulting from the use of marijuana and do not relieve

220 a person from any legal requirement to submit to

221 certain tests to detect the presence of a controlled

222 substance; amending s. 604.71, F.S.; authorizing

223 certain qualified patients to cultivate up to six

224 flowering cannabis plants for personal consumption and

225 noncommercial purposes; authorizing certain qualified

226 patients to purchase medical marijuana seeds and

227 clones from a licensed medical marijuana treatment

228 center; requiring a qualified patient who cultivates

229 cannabis to take specified precautions; providing that

230 the personal consumption of cannabis cultivated at a

231 qualified patient’s residence is subject to specified

232 limitations; providing for penalties; requiring the

233 Department of Agriculture and Consumer Services, by a

234 specified date, to adopt rules regulating the

235 cultivation of marijuana by members of the public for

236 private use, including rules regulating the use of a

237 specified model for cultivation; amending s. 893.13,

238 F.S.; authorizing a person 21 years of age or older to

239 deliver marijuana products to another person 21 years

240 of age or older and to possess marijuana products in a

241 specified amount under certain circumstances;

242 providing criminal penalties for the delivery or

243 possession of marijuana products by a person younger

244 than 21 years of age under certain circumstances;

245 creating s. 893.1352, F.S.; providing legislative

246 intent; providing construction; providing for the

247 retroactive applicability of s. 893.13, F.S.;

248 requiring certain sentences for specified offenses;

249 requiring that individuals serving certain sentences

250 for specified crimes receive sentence review hearings,

251 if requested; providing requirements for sentence

252 review and resentencing; requiring that certain

253 conviction-related fines, fees, and costs be waived

254 under certain circumstances; amending s. 893.147,

255 F.S.; authorizing a person 21 years of age or older to

256 possess, use, transport, or deliver, without

257 consideration, a marijuana delivery device to another

258 person 21 years of age or older; providing criminal

259 penalties for the possession, use, transport, or

260 delivery, without consideration, of a marijuana

261 delivery device by a person younger than 21 years of

262 age under certain circumstances; creating s. 943.0586,

263 F.S.; defining terms; authorizing an individual

264 convicted of certain crimes to petition the court for

265 expunction of his or her criminal history record under

266 specified circumstances; requiring such individual to

267 first obtain a certificate of eligibility for

268 expunction from the Department of Law Enforcement;

269 requiring the department to adopt rules establishing

270 procedures for applying for and issuing such

271 certificates; requiring the department to issue a

272 certificate of eligibility for expunction under

273 specified circumstances; providing that the

274 certificate is valid for a specified timeframe;

275 providing for reapplication for such certificate;

276 providing requirements for the petition for

277 expunction; providing criminal penalties; providing

278 for the court’s authority over its own procedures,

279 with an exception; requiring the court to order the

280 expunction of a criminal history record under certain

281 circumstances; clarifying that expunction of certain

282 criminal history records does not affect eligibility

283 for expunction of other criminal history records;

284 providing requirements for processing expunction

285 petitions and orders; providing that expunction orders

286 that do not comply with specified provisions are not

287 required to be acted on; providing a process to remedy

288 such noncompliant orders; providing that no cause of

289 action may rise against any criminal justice agency

290 for failure to act on an expunction order if the

291 petitioner failed to obtain a certificate of

292 eligibility or while the order is noncompliant;

293 providing that a person granted an expunction may

294 lawfully deny or fail to acknowledge the underlying

295 arrest or conviction, with exceptions; providing that

296 a person may not be deemed to have committed perjury

297 or otherwise held liable for giving a false statement

298 if he or she fails to recite or acknowledge an

299 expunged criminal history record; amending s. 893.15,

300 F.S.; conforming a provision to changes made by the

301 act; providing effective dates.

303 Be It Enacted by the Legislature of the State of Florida:

305 Section 1. Paragraph (l) of subsection (2) of section

306 212.08, Florida Statutes, is amended to read:

307 212.08 Sales, rental, use, consumption, distribution, and

308 storage tax; specified exemptions.—The sale at retail, the

309 rental, the use, the consumption, the distribution, and the

310 storage to be used or consumed in this state of the following

311 are hereby specifically exempt from the tax imposed by this

312 chapter.

313 (2) EXEMPTIONS; MEDICAL.—

314 (l) Marijuana and marijuana delivery devices, as defined in

315 s. 381.986, are exempt from the taxes imposed under this chapter

316 if they are purchased by a qualified patient or a caregiver, as

317 those terms are defined in s. 381.986 .

318 Section 2. Paragraphs (e) through (i), (k), and (l) of

319 subsection (1), paragraph (b) of subsection (3), paragraph (f)

320 of subsection (4), paragraphs (a) and (f) of subsection (5),

321 paragraph (b) of subsection (6), subsections (8) through (12),

322 paragraphs (a), (b), (c), and (f) of subsection (14), and

323 subsection (17) of section 381.986, Florida Statutes, are

324 amended to read:

325 381.986 Medical use of marijuana.—

326 (1) DEFINITIONS.—As used in this section, the term:

327 (e) “Edibles” means commercially produced food items made

328 with marijuana oil, but no other form of marijuana, which ~~that~~

329 are produced and dispensed by a medical marijuana treatment

330 center (MMTC) .

331 (f) “Low-THC cannabis” means a plant of the genus Cannabis,

332 the dried flowers of which contain 0.8 percent or less of

333 tetrahydrocannabinol and more than 10 percent of cannabidiol

334 weight for weight; the seeds thereof; the resin extracted from

335 any part of such plant; or any compound, manufacture, salt,

336 derivative, mixture, or preparation of such plant or its seeds

337 or resin which ~~that~~ is dispensed from an MMTC ~~a medical~~

338 ~~marijuana treatment center~~ .

339 (g) “Marijuana” means all parts of any plant of the genus

340 Cannabis, whether growing or not; the seeds thereof; the resin

341 extracted from any part of the plant; and every compound,

342 manufacture, salt, derivative, mixture, or preparation of the

343 plant or its seeds or resin, including low-THC cannabis, which

344 is ~~are~~ dispensed from an MMTC ~~a medical marijuana treatment~~

345 ~~center~~ for medical use by a qualified patient.

346 (h) “Marijuana delivery device” means an object used,

347 intended for use, or designed for use in preparing, storing,

348 ingesting, inhaling, or otherwise introducing marijuana into the

349 human body, ~~and~~ which object is dispensed from an MMTC ~~a medical~~

350 ~~marijuana treatment center~~ for medical use by a qualified

351 patient ; however , such objects ~~except that delivery devices~~

352 intended solely for the medical use of marijuana by smoking need

353 not be dispensed from an MMTC and ~~a medical marijuana treatment~~

354 ~~center in order to~~ qualify as marijuana delivery devices.

355 (i) “Marijuana testing laboratory” means a facility

356 certified by the department pursuant to s. 381.988 which ~~that~~

357 collects and analyzes marijuana samples from an MMTC ~~a medical~~

358 ~~marijuana treatment center and has been certified by the~~

359 ~~department pursuant to s. 381.988~~ .

360 (k) “Medical use” means the acquisition, possession, use,

361 delivery, transfer, or administration of marijuana authorized by

362 a physician certification. The term does not include:

363 1. Possession, use, or administration of marijuana that was

364 not purchased or acquired from an MMTC ~~a medical marijuana~~

365 ~~treatment center~~ .

366 2. Possession, use, or administration of marijuana in the

367 form of commercially produced food items other than edibles or

368 of marijuana seeds.

369 3. Use or administration of any form or amount of marijuana

370 in a manner that is inconsistent with the qualified physician’s

371 directions or physician certification.

372 4. Transfer of marijuana to a person other than the

373 qualified patient for whom it was authorized or the qualified

374 patient’s caregiver on behalf of the qualified patient.

375 5. Use or administration of marijuana in the following

376 locations:

377 a. On any form of public transportation, except for low-THC

378 cannabis not in a form for smoking.

379 b. In any public place, except for low-THC cannabis not in

380 a form for smoking.

381 c. In a qualified patient’s place of employment, except

382 when permitted by his or her employer.

383 d. In a state correctional institution, as defined in s.

384 944.02, or a correctional institution, as defined in s. 944.241.

385 e. On the grounds of a preschool, primary school, or

386 secondary school, except as provided in s. 1006.062.

387 f. In a school bus, a vehicle, an aircraft, or a motorboat,

388 except for low-THC cannabis not in a form for smoking.

389 6. The smoking of marijuana in an enclosed indoor workplace

390 as defined in s. 386.203(5).

391 (l) “Physician certification” means a qualified physician’s

392 authorization for a qualified patient to receive marijuana and a

393 marijuana delivery device from an MMTC ~~a medical marijuana~~

394 ~~treatment center~~ .

395 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—

396 (b) A qualified physician may not be employed by, or have

397 any direct or indirect economic interest in, an MMTC ~~a medical~~

398 ~~marijuana treatment center~~ or a marijuana testing laboratory.

399 (4) PHYSICIAN CERTIFICATION.—

400 (f) A qualified physician may not issue a physician

401 certification for more than three 70-day supply limits of

402 marijuana or more than six 35-day supply limits of marijuana in

403 a form for smoking. The department shall quantify by rule a

404 daily dose amount with equivalent dose amounts for each

405 allowable form of marijuana dispensed by an MMTC ~~a medical~~

406 ~~marijuana treatment center~~ . The department shall use the daily

407 dose amount to calculate a 70-day supply.

408 1. A qualified physician may request an exception to the

409 daily dose amount limit, the 35-day supply limit of marijuana in

410 a form for smoking, and the 4-ounce possession limit of

411 marijuana in a form for smoking established in paragraph

412 (14)(a). The request must ~~shall~~ be made electronically on a form

413 adopted by the department in rule and must include, at a

414 minimum:

415 a. The qualified patient’s qualifying medical condition.

416 b. The dosage and route of administration that was

417 insufficient to provide relief to the qualified patient.

418 c. A description of how the patient will benefit from an

419 increased amount.

420 d. The minimum daily dose amount of marijuana that would be

421 sufficient for the treatment of the qualified patient’s

422 qualifying medical condition.

423 2. A qualified physician must provide the qualified

424 patient’s records upon the request of the department.

425 3. The department shall approve or disapprove the request

426 within 14 days after receipt of the complete documentation

427 required by this paragraph. The request is ~~shall be~~ deemed

428 approved if the department fails to act within this time period.

429 (5) MEDICAL MARIJUANA USE REGISTRY.—

430 (a) The department shall create and maintain a secure,

431 electronic, and online medical marijuana use registry for

432 physicians, patients, and caregivers as provided under this

433 section. The medical marijuana use registry must be accessible

434 to law enforcement agencies, qualified physicians, and MMTCs

435 ~~medical marijuana treatment centers~~ to verify the authorization

436 of a qualified patient or a caregiver to possess marijuana or a

437 marijuana delivery device and record the marijuana or marijuana

438 delivery device dispensed. The medical marijuana use registry

439 must also be accessible to practitioners licensed to prescribe

440 prescription drugs to ensure proper care for patients before

441 medications that may interact with the medical use of marijuana

442 are prescribed. The medical marijuana use registry must prevent

443 an active registration of a qualified patient by multiple

444 physicians.

445 (f) The department may revoke the registration of a

446 qualified patient or caregiver who cultivates marijuana or who

447 acquires, possesses, or delivers marijuana from any person or

448 entity other than an MMTC ~~a medical marijuana treatment center~~ .

449 (6) CAREGIVERS.—

450 (b) A caregiver must:

451 1. Not be a qualified physician and not be employed by or

452 have an economic interest in an MMTC ~~a medical marijuana~~

453 ~~treatment center~~ or a marijuana testing laboratory.

454 2. Be 21 years of age or older and a resident of this

455 state.

456 3. Agree in writing to assist with the qualified patient’s

457 medical use of marijuana.

458 4. Be registered in the medical marijuana use registry as a

459 caregiver for no more than one qualified patient, except as

460 provided in this paragraph.

461 5. Successfully complete a caregiver certification course

462 developed and administered by the department or its designee,

463 which must be renewed biennially. The price of the course may

464 not exceed $100.

465 6. Pass a level 2 background screening pursuant to chapter

466 435 ~~subsection (9)~~ , unless the patient is a close relative of

467 the caregiver. In addition to the disqualifying offenses

468 specified in s. 435.04(2) and (3), a person may not serve as a

469 caregiver if he or she has an arrest awaiting final disposition

470 for; has been found guilty of, regardless of adjudication; or

471 has entered a plea of nolo contendere or guilty to an offense

472 under chapter 837, chapter 895, or chapter 896 or a similar law

473 of another jurisdiction.

474 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—

475 (a) ~~The department shall license medical marijuana~~

476 ~~treatment centers to ensure reasonable statewide accessibility~~

477 ~~and availability as necessary for qualified patients registered~~

478 ~~in the medical marijuana use registry and who are issued a~~

479 ~~physician certification under this section.~~

480 ~~1. As soon as practicable, but no later than July 3, 2017,~~

481 ~~the department shall license as a medical marijuana treatment~~

482 ~~center any entity that holds an active, unrestricted license to~~

483 ~~cultivate, process, transport, and dispense low-THC cannabis,~~

484 ~~medical cannabis, and cannabis delivery devices, under former s.~~

485 ~~381.986, Florida Statutes 2016, before July 1, 2017, and which~~

486 ~~meets the requirements of this section. In addition to the~~

487 ~~authority granted under this section, these entities are~~

488 ~~authorized to dispense low-THC cannabis, medical cannabis, and~~

489 ~~cannabis delivery devices ordered pursuant to former s. 381.986,~~

490 ~~Florida Statutes 2016, which were entered into the compassionate~~

491 ~~use registry before July 1, 2017, and are authorized to begin~~

492 ~~dispensing marijuana under this section on July 3, 2017. The~~

493 ~~department may grant variances from the representations made in~~

494 ~~such an entity’s original application for approval under former~~

495 ~~s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).~~

496 ~~2. The department shall license as medical marijuana~~

497 ~~treatment centers 10 applicants that meet the requirements of~~

498 ~~this section, under the following parameters:~~

499 ~~a. As soon as practicable, but no later than August 1,~~

500 ~~2017, the department shall license any applicant whose~~

501 ~~application was reviewed, evaluated, and scored by the~~

502 ~~department and which was denied a dispensing organization~~

503 ~~license by the department under former s. 381.986, Florida~~

504 ~~Statutes 2014; which had one or more administrative or judicial~~

505 ~~challenges pending as of January 1, 2017, or had a final ranking~~

506 ~~within one point of the highest final ranking in its region~~

507 ~~under former s. 381.986, Florida Statutes 2014; which meets the~~

508 ~~requirements of this section; and which provides documentation~~

509 ~~to the department that it has the existing infrastructure and~~

510 ~~technical and technological ability to begin cultivating~~

511 ~~marijuana within 30 days after registration as a medical~~

512 ~~marijuana treatment center.~~

513 ~~b. As soon as practicable, the department shall license one~~

514 ~~applicant that is a recognized class member of Pigford v.~~

515 ~~Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers~~

516 ~~Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed~~

517 ~~under this sub-subparagraph is exempt from the requirement of~~

518 ~~subparagraph (b)2. An applicant that applies for licensure under~~

519 ~~this sub-subparagraph, pays its initial application fee, is~~

520 ~~determined by the department through the application process to~~

521 ~~qualify as a recognized class member, and is not awarded a~~

522 ~~license under this sub-subparagraph may transfer its initial~~

523 ~~application fee to one subsequent opportunity to apply for~~

524 ~~licensure under subparagraph 4.~~

525 ~~c. As soon as practicable, but no later than October 3,~~

526 ~~2017, the department shall license applicants that meet the~~

527 ~~requirements of this section in sufficient numbers to result in~~

528 ~~10 total licenses issued under this subparagraph, while~~

529 ~~accounting for the number of licenses issued under sub~~

530 ~~subparagraphs a. and b.~~

531 ~~3. For up to two of the licenses issued under subparagraph~~

532 ~~2., the department shall give preference to applicants that~~

533 ~~demonstrate in their applications that they own one or more~~

534 ~~facilities that are, or were, used for the canning,~~

535 ~~concentrating, or otherwise processing of citrus fruit or citrus~~

536 ~~molasses and will use or convert the facility or facilities for~~

537 ~~the processing of marijuana.~~

538 ~~4. Within 6 months after the registration of 100,000 active~~

539 ~~qualified patients in the medical marijuana use registry, the~~

540 ~~department shall license four additional medical marijuana~~

541 ~~treatment centers that meet the requirements of this section.~~

542 ~~Thereafter, the department shall license four medical marijuana~~

543 ~~treatment centers within 6 months after the registration of each~~

544 ~~additional 100,000 active qualified patients in the medical~~

545 ~~marijuana use registry that meet the requirements of this~~

546 ~~section.~~

547 ~~(b) An applicant for licensure as a medical marijuana~~

548 ~~treatment center must apply to the department on a form~~

549 ~~prescribed by the department and adopted in rule. The department~~

550 ~~shall adopt rules pursuant to ss. 120.536(1) and 120.54~~

551 ~~establishing a procedure for the issuance and biennial renewal~~

552 ~~of licenses, including initial application and biennial renewal~~

553 ~~fees sufficient to cover the costs of implementing and~~

554 ~~administering this section, and establishing supplemental~~

555 ~~licensure fees for payment beginning May 1, 2018, sufficient to~~

556 ~~cover the costs of administering ss. 381.989 and 1004.4351. The~~

557 ~~department shall identify applicants with strong diversity plans~~

558 ~~reflecting this state’s commitment to diversity and implement~~

559 ~~training programs and other educational programs to enable~~

560 ~~minority persons and minority business enterprises, as defined~~

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

562 ~~s. 295.187, to compete for medical marijuana treatment center~~

563 ~~licensure and contracts. Subject to the requirements in~~

564 ~~subparagraphs (a)2.-4., the department shall issue a license to~~

565 ~~an applicant if the applicant meets the requirements of this~~

566 ~~section and pays the initial application fee. The department~~

567 ~~shall renew the licensure of a medical marijuana treatment~~

568 ~~center biennially if the licensee meets the requirements of this~~

569 ~~section and pays the biennial renewal fee. However, the~~

570 ~~department may not renew the license of a medical marijuana~~

571 ~~treatment center that has not begun to cultivate, process, and~~

572 ~~dispense marijuana by the date that the medical marijuana~~

573 ~~treatment center is required to renew its license. An individual~~

574 ~~may not be an applicant, owner, officer, board member, or~~

575 ~~manager on more than one application for licensure as a medical~~

576 ~~marijuana treatment center. An individual or entity may not be~~

577 ~~awarded more than one license as a medical marijuana treatment~~

578 ~~center. An applicant for licensure as a medical marijuana~~

579 ~~treatment center must demonstrate:~~

580 ~~1. That, for the 5 consecutive years before submitting the~~

581 ~~application, the applicant has been registered to do business in~~

582 ~~this state.~~

583 ~~2. Possession of a valid certificate of registration issued~~

584 ~~by the Department of Agriculture and Consumer Services pursuant~~

585 ~~to s. 581.131.~~

586 ~~3. The technical and technological ability to cultivate and~~

587 ~~produce marijuana, including, but not limited to, low-THC~~

588 ~~cannabis.~~

589 ~~4. The ability to secure the premises, resources, and~~

590 ~~personnel necessary to operate as a medical marijuana treatment~~

591 ~~center.~~

592 ~~5. The ability to maintain accountability of all raw~~

593 ~~materials, finished products, and any byproducts to prevent~~

594 ~~diversion or unlawful access to or possession of these~~

595 ~~substances.~~

596 ~~6. An infrastructure reasonably located to dispense~~

597 ~~marijuana to registered qualified patients statewide or~~

598 ~~regionally as determined by the department.~~

599 ~~7. The financial ability to maintain operations for the~~

600 ~~duration of the 2-year approval cycle, including the provision~~

601 ~~of certified financial statements to the department.~~

602 ~~a. Upon approval, the applicant must post a $5 million~~

603 ~~performance bond issued by an authorized surety insurance~~

604 ~~company rated in one of the three highest rating categories by a~~

605 ~~nationally recognized rating service. However, a medical~~

606 ~~marijuana treatment center serving at least 1,000 qualified~~

607 ~~patients is only required to maintain a $2 million performance~~

608 ~~bond.~~

609 ~~b. In lieu of the performance bond required under sub~~

610 ~~subparagraph a., the applicant may provide an irrevocable letter~~

611 ~~of credit payable to the department or provide cash to the~~

612 ~~department. If provided with cash under this sub-subparagraph,~~

613 ~~the department must deposit the cash in the Grants and Donations~~

614 ~~Trust Fund within the Department of Health, subject to the same~~

615 ~~conditions as the bond regarding requirements for the applicant~~

616 ~~to forfeit ownership of the funds. If the funds deposited under~~

617 ~~this sub-subparagraph generate interest, the amount of that~~

618 ~~interest must be used by the department for the administration~~

619 ~~of this section.~~

620 ~~8. That all owners and managers have passed a background~~

621 ~~screening pursuant to subsection (9). As used in this~~

622 ~~subparagraph, the term:~~

623 ~~a. “Manager” means any person with the authority to~~

624 ~~exercise or contribute to the operational control, direction, or~~

625 ~~management of an applicant or a medical marijuana treatment~~

626 ~~center or who has authority to supervise any employee of an~~

627 ~~applicant or a medical marijuana treatment center. The term~~

628 ~~includes an individual with the power or authority to direct or~~

629 ~~influence the direction or operation of an applicant or a~~

630 ~~medical marijuana treatment center through board membership, an~~

631 ~~agreement, or a contract.~~

632 ~~b. “Owner” means any person who owns or controls a 5~~

633 ~~percent or greater share of interests of the applicant or a~~

634 ~~medical marijuana treatment center which include beneficial or~~

635 ~~voting rights to interests. In the event that one person owns a~~

636 ~~beneficial right to interests and another person holds the~~

637 ~~voting rights with respect to such interests, then in such case,~~

638 ~~both are considered the owner of such interests.~~

639 ~~9. The employment of a medical director to supervise the~~

640 ~~activities of the medical marijuana treatment center.~~

641 ~~10. A diversity plan that promotes and ensures the~~

642 ~~involvement of minority persons and minority business~~

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

644 ~~enterprises, as defined in s. 295.187, in ownership, management,~~

645 ~~and employment. An applicant for licensure renewal must show the~~

646 ~~effectiveness of the diversity plan by including the following~~

647 ~~with his or her application for renewal:~~

648 ~~a. Representation of minority persons and veterans in the~~

649 ~~medical marijuana treatment center’s workforce;~~

650 ~~b. Efforts to recruit minority persons and veterans for~~

651 ~~employment; and~~

652 ~~c. A record of contracts for services with minority~~

653 ~~business enterprises and veteran business enterprises.~~

654 ~~(c) A medical marijuana treatment center may not make a~~

655 ~~wholesale purchase of marijuana from, or a distribution of~~

656 ~~marijuana to, another medical marijuana treatment center, unless~~

657 ~~the medical marijuana treatment center seeking to make a~~

658 ~~wholesale purchase of marijuana submits proof of harvest failure~~

659 ~~to the department.~~

660 ~~(d)~~ Department responsibilities.— The department shall do

661 all of the following:

662 1. Adopt by rule all of the following:

663 a. Operating standards for the cultivation, processing,

664 packaging, and labeling of marijuana.

665 b. Standards for the sale of marijuana.

666 c. Procedures and requirements for all of the following:

667 (I) The registration and registration renewal of MMTCs.

668 (II) The issuance and renewal of cultivation, processing,

669 retail, and transportation operating licenses.

670 (III) The issuance and renewal of cultivation, processing,

671 dispensing, and storage facility permits and vehicle permits.

672 (IV) The registration of all principals, employees, and

673 contractors of an MMTC who will participate in the operations of

674 the MMTC.

675 (V) The issuance of MMTC employee identification cards to

676 registered principals, employees, and contractors of MMTCs.

677 2. Establish, maintain, and control a computer software

678 tracking system that traces marijuana from seed to sale and

679 allows real-time, 24-hour access by the department to data from

680 all MMTCs ~~medical marijuana treatment centers~~ and marijuana

681 testing laboratories. The tracking system must allow for

682 integration of other seed-to-sale systems and, at a minimum,

683 include notification of when marijuana seeds are planted, when

684 marijuana plants are harvested and destroyed, and when marijuana

685 is transported, sold, stolen, diverted, or lost. Each MMTC

686 ~~medical marijuana treatment center~~ shall use the seed-to-sale

687 tracking system established by the department or integrate its

688 own seed-to-sale tracking system with the seed-to-sale tracking

689 system established by the department. Each MMTC ~~medical~~

690 ~~marijuana treatment center~~ may use its own seed-to-sale system

691 until the department establishes a seed-to-sale tracking system.

692 The department may contract with a vendor to establish the seed

693 to-sale tracking system. The vendor selected by the department

694 may not have a contractual relationship with the department to

695 perform any services pursuant to this section other than the

696 seed-to-sale tracking system. The vendor may not have a direct

697 or indirect financial interest in an MMTC ~~a medical marijuana~~

698 ~~treatment center~~ or a marijuana testing laboratory.

699 (b) Registration.—

700 1. The department shall adopt by rule an MMTC registration

701 form that, at a minimum, requires all of the following:

702 a. The applicant’s full legal name.

703 b. The physical address of each location where the

704 applicant will apply for a facility permit to cultivate,

705 process, dispense, or store marijuana.

706 c. The name, address, and date of birth of each of the

707 applicant’s principals.

708 d. The name, address, and date of birth of each of the

709 applicant’s current employees and contractors who will

710 participate in the operations of the MMTC.

711 e. The operation or operations in which the applicant

712 intends to engage, which may include one or more of the

713 following:

714 (I) Cultivation.

715 (II) Processing.

716 (III) Retail sales.

717 (IV) Transportation.

718 2. To be registered as an MMTC, an applicant must submit

719 all of the following to the department:

720 a. The applicant’s completed registration form.

721 b. Personnel registration forms, as described in subsection

722 (9), for all principals, employees, and contractors listed on

723 the applicant’s registration form who will participate in the

724 operations of the MMTC. The department may not register the

725 applicant as an MMTC until all principals, employees, and

726 contractors listed on the applicant’s registration form have

727 registered with the department and are issued MMTC employee

728 identification cards.

729 c. Proof that all principals listed on the applicant’s

730 registration form who will participate in the operations of the

731 MMTC have passed a level 2 background screening within the

732 previous year pursuant to chapter 435.

733 d. Proof that the MMTC has the capability to comply with

734 seed-to-sale tracking system requirements.

735 e. Proof of the applicant’s financial ability to maintain

736 operations for the duration of the registration.

737 f. A $500,000 performance and compliance bond, or a $1

738 million performance and compliance bond if the MMTC intends to

739 cultivate or process marijuana, which will be forfeited if the

740 MMTC fails to comply with:

741 (I) Registration requirements in this paragraph during the

742 registration period; or

743 (II) Material requirements of this section which are

744 applicable to the functions the applicant intends to perform, as

745 indicated on the registration form.

746 3. A registration expires 2 years after the date it is

747 issued.

748 4. In addition to obtaining registration pursuant to this

749 paragraph, an MMTC must obtain an operating license for each

750 operation it will perform as provided in paragraph (c),

751 paragraph (d), or paragraph (f), as applicable.

752 (c) Cultivation licenses and processing licenses.—

753 1. A registered MMTC may apply for a cultivation license or

754 a processing license. When applying, the MMTC must provide the

755 department with, at a minimum, all of the following:

756 a. A completed cultivation license or processing license

757 application form.

758 b. The physical address of each location where marijuana

759 will be cultivated, processed, or stored.

760 c. As applicable to the requested license or licenses:

761 (I) Proof of an established infrastructure, or the ability

762 to establish an infrastructure in a reasonable amount of time,

763 that is designed for cultivation, processing, testing,

764 packaging, and labeling marijuana; proof of the ability to

765 maintain the infrastructure’s security; and proof of the ability

766 to prevent the theft or diversion of any marijuana.

767 (II) Proof that the applicant has the technical and

768 technological ability to cultivate and test or process and test

769 marijuana.

770 d. Proof of operating procedures designed to secure and

771 maintain accountability for all marijuana and marijuana-related

772 byproducts that come into the applicant’s possession and to

773 comply with the required seed-to-sale tracking system.

774 2. Cultivation licenses and processing licenses expire 2

775 years after the date they are issued. To renew a license, the

776 licensee must meet all of the requirements for initial

777 licensure; must provide all of the documentation required under

778 subparagraph 1.; and may not have any uncorrected substantial

779 violation of the standards adopted by department rule for the

780 cultivation, processing, testing, packaging, and labeling of

781 marijuana.

782 3. Before beginning cultivation or processing at any

783 location, the licensee must obtain a facility permit from the

784 department for that location pursuant to paragraph (g).

785 4. A licensee under this subsection may use contractors to

786 assist with the cultivation or processing of marijuana, as

787 applicable, but the licensee is ultimately responsible for all

788 operations performed by each contractor relating to the

789 cultivation or processing of marijuana and is responsible for

790 maintaining physical possession of the marijuana at all times.

791 All work done by a contractor must be performed at a location

792 that has a facility permit issued by the department. A licensee

793 using a contractor must register any principal or employee of a

794 contractor who will be participating in the operations of the

795 licensee as provided in subsection (9). Such principal or

796 employee may not begin participating in the operations of the

797 licensee until he or she has received an MMTC employee

798 identification card from the department.

799 5. All marijuana byproducts that cannot be processed or

800 reprocessed must be destroyed by the cultivation licensee or the

801 processing licensee or their respective contractors within 30

802 days after the production of the byproducts.

803 6. A licensee under this subsection may sell marijuana at

804 wholesale only to other registered MMTCs. Before selling

805 marijuana at wholesale, the selling MMTC shall provide the

806 purchasing MMTC with documentation showing that the marijuana

807 meets the testing, packaging, and labeling requirements of this

808 section. The purchasing MMTC shall review such documentation to

809 determine whether the marijuana is in compliance with this

810 section before taking possession of the marijuana.

811 7. Transportation or delivery of marijuana outside of the

812 property owned by a licensee under this subsection may be

813 performed only by an MMTC that holds a transportation license

814 issued pursuant to paragraph (f)

815 ~~(e) A licensed medical marijuana treatment center shall~~

816 ~~cultivate, process, transport, and dispense marijuana for~~

817 ~~medical use. A licensed medical marijuana treatment center may~~

818 ~~not contract for services directly related to the cultivation,~~

819 ~~processing, and dispensing of marijuana or marijuana delivery~~

820 ~~devices, except that a medical marijuana treatment center~~

821 ~~licensed pursuant to subparagraph (a)1. may contract with a~~

822 ~~single entity for the cultivation, processing, transporting, and~~

823 ~~dispensing of marijuana and marijuana delivery devices. A~~

824 ~~licensed medical marijuana treatment center shall, at all times,~~

825 ~~maintain compliance with the criteria demonstrated and~~

826 ~~representations made in the initial application and the criteria~~

827 ~~established in this subsection. Upon request, the department may~~

828 ~~grant a medical marijuana treatment center a variance from the~~

829 ~~representations made in the initial application. Consideration~~

830 ~~of such a request must be based upon the individual facts and~~

831 ~~circumstances surrounding the request. A variance may not be~~

832 ~~granted unless the requesting medical marijuana treatment center~~

833 ~~can demonstrate to the department that it has a proposed~~

834 ~~alternative to the specific representation made in its~~

835 ~~application which fulfills the same or a similar purpose as the~~

836 ~~specific representation in a way that the department can~~

837 ~~reasonably determine will not be a lower standard than the~~

838 ~~specific representation in the application. A variance may not~~

839 ~~be granted from the requirements in subparagraph 2. and~~

840 ~~subparagraphs (b)1. and 2~~ .

841 ~~1. A licensed medical marijuana treatment center may~~

842 ~~transfer ownership to an individual or entity who meets the~~

843 ~~requirements of this section. A publicly traded corporation or~~

844 ~~publicly traded company that meets the requirements of this~~

845 ~~section is not precluded from ownership of a medical marijuana~~

846 ~~treatment center. To accommodate a change in ownership:~~

847 ~~a. The licensed medical marijuana treatment center shall~~

848 ~~notify the department in writing at least 60 days before the~~

849 ~~anticipated date of the change of ownership.~~

850 ~~b. The individual or entity applying for initial licensure~~

851 ~~due to a change of ownership must submit an application that~~

852 ~~must be received by the department at least 60 days before the~~

853 ~~date of change of ownership.~~

854 ~~c. Upon receipt of an application for a license, the~~

855 ~~department shall examine the application and, within 30 days~~

856 ~~after receipt, notify the applicant in writing of any apparent~~

857 ~~errors or omissions and request any additional information~~

858 ~~required.~~

859 ~~d. Requested information omitted from an application for~~

860 ~~licensure must be filed with the department within 21 days after~~

861 ~~the department’s request for omitted information or the~~

862 ~~application will be deemed incomplete and withdrawn from further~~

863 ~~consideration and the fees forfeited.~~

864 ~~e. Within 30 days after the receipt of a complete~~

865 ~~application, the department shall approve or deny the~~

866 ~~application.~~

867 ~~2. A medical marijuana treatment center, and any individual~~

868 ~~or entity who directly or indirectly owns, controls, or holds~~

869 ~~with power to vote 5 percent or more of the voting shares of a~~

870 ~~medical marijuana treatment center, may not acquire direct or~~

871 ~~indirect ownership or control of any voting shares or other form~~

872 ~~of ownership of any other medical marijuana treatment center.~~

873 ~~3. A medical marijuana treatment center may not enter into~~

874 ~~any form of profit-sharing arrangement with the property owner~~

875 ~~or lessor of any of its facilities where cultivation,~~

876 ~~processing, storing, or dispensing of marijuana and marijuana~~

877 ~~delivery devices occurs.~~

878 ~~4. All employees of a medical marijuana treatment center~~

879 ~~must be 21 years of age or older and have passed a background~~

880 ~~screening pursuant to subsection (9). As used in this~~

881 ~~subparagraph, the term “employee” means any person employed by a~~

882 ~~medical marijuana treatment center licensee in any capacity,~~

883 ~~including those whose duties involve any aspect of the~~

884 ~~cultivation, processing, transportation, or dispensing of~~

885 ~~marijuana. This requirement applies to all employees, regardless~~

886 ~~of the compensation received.~~

887 ~~5. Each medical marijuana treatment center must adopt and~~

888 ~~enforce policies and procedures to ensure employees and~~

889 ~~volunteers receive training on the legal requirements to~~

890 ~~dispense marijuana to qualified patients.~~

891 8. 6. When growing marijuana, an MMTC licensed for

892 cultivation ~~a medical marijuana treatment center~~ :

893 a. May use pesticides determined by the department, after

894 consultation with the Department of Agriculture and Consumer

895 Services, to be safely applied to plants intended for human

896 consumption, but may not use pesticides designated as

897 restricted-use pesticides pursuant to s. 487.042.

898 b. Shall ~~Must~~ grow marijuana within an enclosed permitted

899 cultivation facility ~~structure~~ and in a room separate from any

900 other plant.

901 c. Shall ~~Must~~ inspect seeds and growing plants for plant

902 pests that endanger or threaten the horticultural and

903 agricultural interests of the state in accordance with chapter

904 581 and any rules adopted thereunder.

905 d. Shall ~~Must~~ perform fumigation or treatment of plants, or

906 remove and destroy infested or infected plants, in accordance

907 with chapter 581 and any rules adopted thereunder.

908 ~~7. Each medical marijuana treatment center must produce and~~

909 ~~make available for purchase at least one low-THC cannabis~~

910 ~~product.~~

911 9. 8. An MMTC ~~A medical marijuana treatment center~~ that

912 produces edibles must hold a permit to operate as a food

913 establishment pursuant to chapter 500, the Florida Food Safety

914 Act, and must comply with all the requirements for food

915 establishments pursuant to chapter 500 and any rules adopted

916 thereunder. ~~Edibles may not contain more than 200 milligrams of~~

917 ~~tetrahydrocannabinol, and a single serving portion of an edible~~

918 ~~may not exceed 10 milligrams of tetrahydrocannabinol.~~ Edibles

919 may not have a tetrahydrocannabinol potency variance greater

920 than 15 percent. Marijuana products, including edibles, may not

921 be attractive to children; be manufactured in the shape of

922 humans, cartoons, or animals; be manufactured in a form that

923 bears any reasonable resemblance to products available for

924 consumption as commercially available candy; or contain any

925 color additives. To discourage consumption of edibles by

926 children, the department shall determine by rule all ~~any~~ shapes,

927 forms, and ingredients allowed and prohibited for edibles. MMTCs

928 ~~Medical marijuana treatment centers~~ may not begin processing or

929 dispensing edibles until after the effective date of the rule.

930 The department shall also adopt sanitation rules providing the

931 standards and requirements for the storage, display, or

932 dispensing of edibles.

933 ~~9. Within 12 months after licensure, a medical marijuana~~

934 ~~treatment center must demonstrate to the department that all of~~

935 ~~its processing facilities have passed a Food Safety Good~~

936 ~~Manufacturing Practices, such as Global Food Safety Initiative~~

937 ~~or equivalent, inspection by a nationally accredited certifying~~

938 ~~body. A medical marijuana treatment center must immediately stop~~

939 ~~processing at any facility which fails to pass this inspection~~

940 ~~until it demonstrates to the department that such facility has~~

941 ~~met this requirement.~~

942 10. ~~A medical marijuana treatment center that produces~~

943 ~~prerolled marijuana cigarettes may not use wrapping paper made~~

944 ~~with tobacco or hemp.~~

945 ~~11.~~ When processing marijuana, an MMTC licensed for

946 processing shall ~~a medical marijuana treatment center must~~ :

947 a. Process the marijuana within an enclosed permitted

948 processing facility ~~structure~~ and in a room separate from other

949 plants or products.

950 b. Comply with department rules when processing marijuana

951 with hydrocarbon solvents or other solvents or gases exhibiting

952 potential toxicity to humans. The department shall determine by

953 rule the requirements for the ~~medical marijuana treatment~~

954 ~~centers to~~ use of such solvents or gases by MMTCs ~~exhibiting~~

955 ~~potential toxicity to humans~~ .

956 c. Comply with federal and state laws and regulations and

957 department rules for solid and liquid wastes. The department

958 shall determine by rule procedures for the storage, handling,

959 transportation, management, and disposal of solid and liquid

960 waste generated during marijuana production and processing. The

961 Department of Environmental Protection shall assist the

962 department in developing such rules.

963 d. Test the processed marijuana using a medical marijuana

964 testing laboratory before it is sold or dispensed. Results must

965 be verified and signed by two MMTC ~~medical marijuana treatment~~

966 ~~center~~ employees. Before selling, selling at wholesale, or

967 dispensing, the MMTC shall ~~medical marijuana treatment center~~

968 ~~must~~ determine whether ~~that~~ the test results indicate that low

969 THC cannabis meets the definition of low-THC cannabis, the

970 concentration of tetrahydrocannabinol meets the potency

971 requirements of this section, the labeling of the concentration

972 of tetrahydrocannabinol and cannabidiol is accurate, and all

973 marijuana is safe for human consumption and free from

974 contaminants that are unsafe for human consumption. The

975 department shall determine by rule which contaminants must be

976 tested for and the maximum levels of each contaminant which are

977 safe for human consumption. The Department of Agriculture and

978 Consumer Services shall assist the department in developing the

979 testing requirements for contaminants that are unsafe for human

980 consumption in edibles. The department shall also determine by

981 rule the procedures for the treatment of marijuana that fails to

982 meet the testing requirements of this section, s. 381.988, or

983 department rule. The department may select samples of marijuana

984 from an MMTC ~~a medical marijuana treatment center~~ facility which

985 must ~~shall~~ be tested by the department to determine whether the

986 marijuana meets the potency requirements of this section and , is

987 safe for human consumption , and is accurately labeled with the

988 tetrahydrocannabinol and cannabidiol concentration or to verify

989 the result of marijuana testing conducted by a marijuana testing

990 laboratory. The department may also select samples of marijuana

991 delivery devices from an MMTC ~~a medical marijuana treatment~~

992 ~~center~~ to determine whether the marijuana delivery device is

993 safe for use by qualified patients. An MMTC ~~A medical marijuana~~

994 ~~treatment center~~ may not require payment from the department for

995 the sample. An MMTC shall ~~A medical marijuana treatment center~~

996 ~~must~~ recall marijuana, including all marijuana and marijuana

997 products made from the same batch of marijuana, that fails to

998 meet the potency requirements of this section, that is unsafe

999 for human consumption, or for which the labeling of the

1000 tetrahydrocannabinol and cannabidiol concentration is

1001 inaccurate. The department shall adopt rules to establish

1002 marijuana potency variations of no greater than 15 percent using

1003 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts

1004 for, but is not limited to, time lapses between testing, testing

1005 methods, testing instruments, and types of marijuana sampled for

1006 testing. The department may not issue any recalls for product

1007 potency as it relates to product labeling before issuing a rule

1008 relating to potency variation standards. An MMTC shall ~~A medical~~

1009 ~~marijuana treatment center must~~ also recall all marijuana

1010 delivery devices determined to be unsafe for use by qualified

1011 patients. An MMTC shall ~~The medical marijuana treatment center~~

1012 ~~must~~ retain records of all testing and samples of each

1013 homogeneous batch of marijuana for at least 9 months. An MMTC

1014 shall ~~The medical marijuana treatment center must~~ contract with

1015 a marijuana testing laboratory to perform audits on the MMTC’s

1016 ~~medical marijuana treatment center’s~~ standard operating

1017 procedures, testing records, and samples and provide the results

1018 to the department to confirm that the marijuana or low-THC

1019 cannabis meets the requirements of this section and that the

1020 marijuana or low-THC cannabis is safe for human consumption. An

1021 MMTC ~~A medical marijuana treatment center~~ shall reserve two

1022 processed samples from each batch and retain such samples for at

1023 least 9 months for the purpose of such audits. An MMTC ~~A medical~~

1024 ~~marijuana treatment center~~ may use a laboratory that has not

1025 been certified by the department under s. 381.988 until such

1026 time as at least one laboratory holds the required

1027 certification ~~, but in no event later than July 1, 2018~~ .

1028 e. Package the marijuana in compliance with the United

1029 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.

1030 1471 et seq.

1031 f. Package the marijuana in a receptacle that has a firmly

1032 affixed and legible label stating the following information:

1033 (I) That the marijuana or low-THC cannabis meets the

1034 requirements of sub-subparagraph d.

1035 (II) The name of the MMTC ~~medical marijuana treatment~~

1036 ~~center~~ from which the marijuana originates.

1037 (III) The batch number and harvest number from which the

1038 marijuana originates and the date that the marijuana is sold or

1039 dispensed.

1040 (IV) ~~The name of the physician who issued the physician~~

1041 ~~certification.~~

1042 ~~(V) The name of the patient.~~

1043 ~~(VI)~~ The product name, if applicable, and dosage form,

1044 including concentration of tetrahydrocannabinol and cannabidiol.

1045 The product name may not contain wording commonly associated

1046 with products that are attractive to children or which promote

1047 the recreational use of marijuana.

1048 (V) ~~(VII)~~ The recommended dose.

1049 (VI) ~~(VIII)~~ A warning that it is illegal to transfer ~~medical~~

1050 marijuana to a ~~another~~ person younger than 21 years of age .

1051 (VII) ~~(IX)~~ A marijuana universal symbol developed by the

1052 department.

1053 11. ~~12.~~ The MMTC that packages the marijuana ~~medical~~

1054 ~~marijuana treatment center~~ shall include in each package an a

1055 ~~patient package~~ insert with information on the specific product

1056 dispensed related to all of the following :

1057 a. Clinical pharmacology.

1058 b. Indications and use.

1059 c. Dosage and administration.

1060 d. Dosage forms and strengths.

1061 e. Contraindications.

1062 f. Warnings and precautions.

1063 g. Adverse reactions.

1064 12. ~~13.~~ In addition to the packaging and labeling

1065 requirements specified in subparagraphs 10. and 11. ~~and 12.~~ ,

1066 marijuana in a form for smoking must be packaged in a sealed

1067 receptacle with a legible and prominent warning to keep the

1068 receptacle away from children and a warning that states that

1069 marijuana smoke contains carcinogens and may negatively affect

1070 health. Such receptacles for marijuana in a form for smoking

1071 must be plain, opaque, and white without depictions of the

1072 product or images other than the MMTC’s ~~medical marijuana~~

1073 ~~treatment center’s~~ department-approved logo and the marijuana

1074 universal symbol.

1075 13. ~~14.~~ The department shall adopt rules to regulate the

1076 types, appearance, and labeling of marijuana delivery devices

1077 dispensed from an MMTC ~~a medical marijuana treatment center~~ . The

1078 rules must require marijuana delivery devices to have an

1079 appearance consistent with medical use.

1080 14. ~~15.~~ Each edible must be individually sealed in plain,

1081 opaque wrapping marked only with the marijuana universal symbol.

1082 ~~Where practical,~~ Each edible must be marked with the marijuana

1083 universal symbol. In addition to the packaging and labeling

1084 requirements in subparagraphs 10. and 11. ~~and 12.~~ , edible

1085 receptacles must be plain, opaque, and white without depictions

1086 of the product or images other than the MMTC’s ~~medical marijuana~~

1087 ~~treatment center’s~~ department-approved logo and the marijuana

1088 universal symbol. The receptacle must also include a list of all

1089 the edible’s ingredients, storage instructions, information on

1090 the estimated amount of time for the edible to take effect, an

1091 expiration date, a legible and prominent warning to keep the

1092 receptacle away from children and pets, and a warning that the

1093 edible has not been produced or inspected pursuant to federal

1094 food safety laws.

1095 (d) Retail licenses.—

1096 1. A registered MMTC may apply for a retail license. When

1097 applying, the MMTC must provide the department with, at a

1098 minimum, all of the following:

1099 a. A completed retail license application form.

1100 b. A statement by the applicant which indicates whether the

1101 applicant intends to dispense by delivery. A retail licensee may

1102 not deliver marijuana without also obtaining a transportation

1103 license pursuant to paragraph (f).

1104 c. The physical address of each location where the

1105 applicant will dispense or store marijuana.

1106 d. Identifying information for all other current or

1107 previous retail licenses held by the applicant or any of the

1108 applicant’s principals.

1109 e. Proof of operating procedures designed to secure and

1110 maintain accountability for all marijuana that the applicant

1111 receives and possesses, to ensure that only the allowed amount

1112 of marijuana is sold or dispensed, to ensure that the specified

1113 type of marijuana is correctly dispensed to a qualified patient

1114 or his or her caregiver pursuant to a physician certification,

1115 and to monitor the medical marijuana patient registry and

1116 electronically update the registry with dispensing information.

1117 2. A retail license expires 2 years after the date it is

1118 issued. The retail licensee must apply for license renewal

1119 before the expiration date. To renew a license, a retail

1120 licensee must meet all of the requirements for initial

1121 licensure; must provide all of the documents required under

1122 paragraph (b); and must not have any outstanding substantial

1123 violations of the applicable standards adopted by department

1124 rule.

1125 3. Before beginning to sell, dispense, or store marijuana,

1126 the retail licensee must obtain a facility permit from the

1127 department for each location where marijuana will be sold,

1128 dispensed, or stored. If a facility’s permit expires or is

1129 suspended or revoked, the MMTC must cease all applicable

1130 operations at that facility until the department inspects the

1131 facility and renews or reinstates the facility’s permit.

1132 4. A dispensing facility may not repackage or modify

1133 marijuana that has already been packaged for sale by a

1134 cultivation licensee or processing licensee unless the

1135 repackaging is of unprocessed marijuana, is done in accordance

1136 with instructions from the cultivator or processor, and is

1137 documented in the required seed-to-sale tracking system.

1138 5. A retail licensee may contract with an MMTC that has a

1139 transportation license to transport marijuana between properties

1140 owned by the retail licensee, to deliver the marijuana for sale

1141 or dispensing, and to pick up returns of marijuana.

1142 6. Onsite consumption or administration of marijuana at a

1143 dispensing facility is prohibited.

1144 7. ~~16.~~ When dispensing marijuana or a marijuana delivery

1145 device, an MMTC licensed for retail ~~a medical marijuana~~

1146 ~~treatment center~~ :

1147 a. May dispense any active, valid order for low-THC

1148 cannabis, medical cannabis and cannabis delivery devices issued

1149 pursuant to former s. 381.986, Florida Statutes 2016, which was

1150 entered into the medical marijuana use registry before July 1,

1151 2017.

1152 b. May not dispense more than one a 70-day supply of

1153 marijuana within any 70-day period to a qualified patient or

1154 caregiver and . may not dispense more than one 35-day supply of

1155 marijuana in a form for smoking within any 35-day period to a

1156 qualified patient or caregiver. A 35-day supply of marijuana in

1157 a form for smoking may not exceed 2.5 ounces unless an exception

1158 to this amount is approved by the department pursuant to

1159 paragraph (4)(f).

1160 c. Shall require ~~Must have~~ the MMTC’s ~~medical marijuana~~

1161 ~~treatment center’s~~ employee who dispenses the marijuana or a

1162 marijuana delivery device to enter into the medical marijuana

1163 use registry his or her name or unique employee identifier.

1164 d. Shall ~~must~~ verify before dispensing to a qualified

1165 patient or caregiver that the qualified patient and , if

1166 applicable, the caregiver ~~, if applicable,~~ each have an active

1167 registration in the medical marijuana use registry and an active

1168 and valid medical marijuana use registry identification card ;

1169 that , the amount and type of marijuana dispensed matches the

1170 physician certification in the medical marijuana use registry

1171 for that qualified patient ; , and that the physician

1172 certification has not already been filled.

1173 e. Shall, before dispensing to a qualified patient or

1174 caregiver, label the marijuana or the marijuana delivery device

1175 with the name of the physician who issued the physician

1176 certification and the name of the patient for whom the

1177 certification was issued.

1178 f. May not dispense marijuana to a qualified patient ~~who is~~

1179 younger than 18 years of age. If the qualified patient is

1180 younger than 18 years of age, marijuana may ~~only~~ be dispensed

1181 only to the qualified patient’s caregiver.

1182 g. May sell marijuana to an adult 21 years of age or older

1183 pursuant to s. 381.9901, provided that the MMTC is registered

1184 with the Department of Business and Professional Regulation

1185 pursuant to that section. When selling marijuana pursuant to

1186 that section, the employee selling the marijuana must determine

1187 that the appearance of the buyer is such that a prudent person

1188 would believe the buyer to be 21 years of age or older or must

1189 carefully check the buyer’s driver license, identification card

1190 issued by this state or another state of the United States,

1191 passport, or United States Armed Services identification card to

1192 determine the buyer’s age. Other than for the purpose of

1193 determining a buyer’s age, an MMTC may not request or store any

1194 personal information provided by the buyer.

1195 h. f. May not dispense or sell any ~~other type of cannabis,~~

1196 alcohol , or illicit drug-related product ~~, including pipes or~~

1197 ~~wrapping papers made with tobacco or hemp, other than a~~

1198 ~~marijuana delivery device required for the medical use of~~

1199 ~~marijuana and which is specified in a physician certification~~ .

1200 i. g. Shall ~~Must~~ , upon dispensing the marijuana or marijuana

1201 delivery device to a qualified patient or caregiver , record in

1202 the registry the date, time, quantity, and form of marijuana

1203 dispensed; the type of marijuana delivery device dispensed; and

1204 the name and medical marijuana use registry identification

1205 number of the qualified patient or caregiver to whom the

1206 marijuana delivery device was dispensed.

1207 j. h. Shall ~~Must~~ ensure that patient records are not visible

1208 to anyone other than the qualified patient, his or her

1209 caregiver, and authorized MMTC ~~medical marijuana treatment~~

1210 ~~center~~ employees.

1211 (e) ~~(f)~~ Security.— To ensure the safety and security of

1212 premises where the cultivation, processing, storing, or

1213 dispensing of marijuana occurs, and to maintain adequate

1214 controls against the diversion, theft, and loss of marijuana or

1215 marijuana delivery devices, an MMTC ~~a medical marijuana~~

1216 ~~treatment center~~ shall do all of the following :

1217 1.a. Maintain a fully operational security alarm system

1218 that secures all entry points and perimeter windows and is

1219 equipped with motion detectors; pressure switches; and duress,

1220 panic, and hold-up alarms . ~~; and~~

1221 b. Maintain a video surveillance system that records

1222 continuously , 24 hours a day , and meets all of the following

1223 criteria:

1224 (I) Cameras are fixed in a place that allows for the clear

1225 identification of persons and activities in controlled areas of

1226 the premises. Controlled areas include grow rooms, processing

1227 rooms, storage rooms, disposal rooms or areas, and point-of-sale

1228 rooms.

1229 (II) Cameras are fixed in entrances and exits to the

1230 premises in a place that allows recording ~~, which must record~~

1231 from both indoor and outdoor, or ingress and egress, vantage

1232 points.

1233 (III) Images are recorded ~~images must~~ clearly and

1234 accurately display the time and date of recording .

1235 c. ~~(IV)~~ Retain video surveillance recordings for at least 45

1236 days or longer upon the request of a law enforcement agency.

1237 2. Ensure that the MMTC’s ~~medical marijuana treatment~~

1238 ~~center’s~~ outdoor premises have sufficient lighting from dusk

1239 until dawn.

1240 3. Ensure that the indoor premises where dispensing occurs

1241 include ~~includes~~ a waiting area with sufficient space and

1242 seating to accommodate qualified patients and caregivers and at

1243 least one private consultation area that is isolated from both

1244 the waiting area and the area where dispensing occurs. An MMTC A

1245 ~~medical marijuana treatment center~~ may not display products or

1246 dispense marijuana or marijuana delivery devices in the waiting

1247 area.

1248 4. Cease dispensing ~~Not dispense from its premises~~

1249 marijuana or a marijuana delivery devices from its premises

1250 ~~device~~ between the hours of 11 p.m. ~~9 p.m.~~ and 7 a.m., but may

1251 perform all other operations and deliver marijuana to qualified

1252 patients 24 hours a day.

1253 5. Store marijuana in a secured, locked room or a vault.

1254 6. Require at least two of its employees, or two employees

1255 of a security agency with whom it contracts, to be on the

1256 premises ~~at all times~~ where cultivation, processing, or storing

1257 of marijuana occurs , at all times .

1258 7. Require each employee or contractor to wear a photo

1259 identification badge at all times while on the premises.

1260 8. Require each visitor to wear a visitor pass at all times

1261 while on the premises.

1262 9. Implement an alcohol and drug-free workplace policy.

1263 10. Report to a local law enforcement agency and notify the

1264 department through e-mail within 24 hours after the MMTC ~~medical~~

1265 ~~marijuana treatment center~~ is notified or becomes aware of any

1266 actual or attempted theft, diversion, or loss of marijuana.

1267 (f) Transportation licenses; vehicle permits.—

1268 1. A registered MMTC may apply for a transportation

1269 license. When applying, the MMTC must provide the department

1270 with, at a minimum, all of the following:

1271 a. The physical address of the MMTC’s place of business.

1272 b. Proof that the MMTC has a documentation system in

1273 accordance with the required seed-to-sale tracking system,

1274 including transportation manifests, for transporting marijuana

1275 between licensed facilities and to qualified patients.

1276 Transportation manifests may be electronically stored and

1277 presented.

1278 c. Proof of the MMTC’s compliance with health and

1279 sanitation standards for the transportation of marijuana.

1280 d. Proof that all marijuana transported between licensed

1281 facilities will be transported in tamper-evident shipping

1282 containers.

1283 2. An MMTC with a transportation license may not transport

1284 marijuana on the property of an airport, a seaport, a spaceport,

1285 or any property of the Federal Government.

1286 3. An MMTC with a transportation license may transport

1287 marijuana and marijuana delivery devices only in a vehicle that

1288 is owned or leased by the MMTC or the MMTC’s contractor and for

1289 which a valid vehicle permit has been issued by the department.

1290 4. An MMTC with a transportation license may obtain a

1291 vehicle permit upon submission of an application. The MMTC shall

1292 designate as the driver for each permitted vehicle an employee

1293 or contracted employee who is registered with the department and

1294 who is authorized to possess marijuana when not on the property

1295 of the MMTC. Such designation must be displayed in the vehicle

1296 at all times. Each permitted vehicle must be monitored using GPS

1297 technology. A vehicle permit remains valid and does not expire

1298 unless the MMTC or its contractor disposes of the permitted

1299 vehicle or the MMTC’s registration or transportation license is

1300 transferred, canceled, not renewed, or revoked by the

1301 department. The department shall cancel a vehicle permit upon

1302 the request of the MMTC or its contractor.

1303 5. When transporting marijuana, a permitted vehicle is

1304 subject to inspection and search without a search warrant by

1305 authorized employees of the department, sheriffs, deputy

1306 sheriffs, police officers, or other law enforcement officers to

1307 determine whether the MMTC is operating in compliance with this

1308 section.

1309 6. An MMTC with a transportation license may deliver, or

1310 contract for the delivery of, marijuana and marijuana delivery

1311 devices to other MMTCs within this state, to qualified patients

1312 and caregivers within this state, and to adults 21 years of age

1313 or older within this state. A county or municipality may not

1314 prohibit deliveries of marijuana or marijuana delivery devices

1315 to qualified patients or caregivers within that county or

1316 municipality. Deliveries may be made only to the qualified

1317 patient who placed the order or his or her caregiver. When

1318 delivering to a qualified patient or caregiver, an MMTC or its

1319 contractor shall verify the identity of the qualified patient

1320 upon placement of the delivery order and, again, upon delivery.

1321 When delivering marijuana to an adult 21 years of age or older,

1322 an MMTC or its contractor shall verify the age of the buyer upon

1323 placement of the order and again upon delivery. In order to

1324 verify the age of the buyer, the MMTC must determine that the

1325 appearance of the buyer is such that a prudent person would

1326 believe the buyer to be 21 years of age or older or must

1327 carefully check the buyer’s driver license, identification card

1328 issued by this state or another state of the United States,

1329 passport, or United States Armed Services identification card to

1330 determine the buyer’s age. The department shall adopt rules

1331 specific to the delivery of marijuana which include both of the

1332 following:

1333 a. Procedures for verifying the age and identity of the

1334 person placing an order and receiving a delivery, as

1335 appropriate, including required training for delivery personnel.

1336 b. A maximum dispensary value for all marijuana and

1337 currency that may be in the possession of a registered MMTC

1338 employee or contractor while he or she makes a delivery. The

1339 maximum value established by rule may not be less than $5,000.

1340 7. Licensees under this subsection may use contractors to

1341 assist with the transportation of marijuana. A licensee is

1342 ultimately responsible for all actions and operations of each

1343 contractor relating to the transportation of marijuana and must

1344 know the location of all marijuana products at all times. To

1345 participate in the operations of a licensee under this

1346 subsection, a principal or an employee of a contractor

1347 contracted by the licensee must first register with the

1348 department under subsection (9) and be issued an MMTC employee

1349 identification card.

1350 (g) Facility permits.—

1351 1. Before cultivating, processing, dispensing, or storing

1352 marijuana at any location, an MMTC shall apply to the department

1353 for the applicable facility permit for that location. The

1354 department shall adopt by rule an application form. Upon

1355 receiving a request for a permit from a licensee, the department

1356 shall inspect the facility for compliance with this section and

1357 rules adopted hereunder and, upon a determination of compliance,

1358 shall issue a permit to the facility. The department shall issue

1359 or deny a facility permit within 30 days after receiving the

1360 request for the permit.

1361 2. A facility permit expires 2 years after the date it is

1362 issued. Each facility must be inspected by the department for

1363 compliance with this section and department rules before the

1364 facility’s permit is renewed.

1365 3. If a facility permit expires or is suspended or revoked,

1366 the MMTC must cease all applicable operations at that facility

1367 until the department inspects the facility and renews or

1368 reinstates the facility’s permit.

1369 4. Cultivation facilities and processing facilities:

1370 a. Shall maintain insurance with at least $1 million of

1371 hazard and liability insurance per location; and

1372 b. Must be secure, closed to the public, and, unless an

1373 ordinance allows a facility to be located closer, located at

1374 least 1,000 feet away from any existing public or private

1375 elementary or secondary school, child care facility as defined

1376 in s. 402.302, or licensed service provider offering substance

1377 abuse services.

1378 5. All matters regarding the permitting and regulation of

1379 cultivation facilities and processing facilities, including the

1380 location of such facilities, are preempted to the state.

1381 6. Dispensing facilities and storage facilities:

1382 a. Shall maintain insurance with at least $500,000 of

1383 hazard and liability insurance for each facility where marijuana

1384 is dispensed or stored; and

1385 b. Unless an ordinance allows a facility to be located

1386 closer, must be located at least 1,000 feet away from any

1387 existing public or private elementary or secondary school, child

1388 care facility as defined in s. 402.302, or licensed service

1389 provider offering substance abuse services.

1390 7. The governing body of a county or municipality, by

1391 ordinance, may prohibit or limit the number of dispensing

1392 facilities located within its jurisdiction but may not prohibit

1393 an MMTC with a retail license or its permitted storage facility

1394 from being located within its jurisdiction if the licensee is

1395 delivering or contracting to deliver marijuana to qualified

1396 patients within that jurisdiction. The department may not issue

1397 a facility permit for a dispensing facility in a county or

1398 municipality in which the board of county commissioners or other

1399 local governing body, as applicable, has adopted such an

1400 ordinance. A county or municipality may not require, request, or

1401 accept financial contributions or similar benefits from MMTCs;

1402 however, in addition to other taxes authorized by law, a county

1403 or municipality may levy a local business tax on a dispensing

1404 facility. An ordinance adopted by a municipality or county

1405 pursuant to this paragraph may not do any of the following:

1406 a. Provide exclusive access to one or several individuals

1407 or entities to operate dispensing facilities within the

1408 jurisdiction.

1409 b. Prohibit specific individuals or entities from operating

1410 a dispensing facility within the jurisdiction if the ordinance

1411 allows dispensing facilities to operate in the jurisdiction.

1412 c. Prohibit the delivery of marijuana within the

1413 jurisdiction by a properly licensed MMTC located within the

1414 jurisdiction.

1415 8. The department may adopt by rule additional requirements

1416 for the permitting of cultivation, processing, dispensing, and

1417 storage facilities to ensure the sanitary, safe, and secure

1418 cultivation, processing, dispensing, storage, and sale of

1419 marijuana ~~To ensure the safe transport of marijuana and~~

1420 ~~marijuana delivery devices to medical marijuana treatment~~

1421 ~~centers, marijuana testing laboratories, or qualified patients,~~

1422 ~~a medical marijuana treatment center must:~~

1423 ~~1. Maintain a marijuana transportation manifest in any~~

1424 ~~vehicle transporting marijuana. The marijuana transportation~~

1425 ~~manifest must be generated from a medical marijuana treatment~~

1426 ~~center’s seed-to-sale tracking system and include the:~~

1427 ~~a. Departure date and approximate time of departure.~~

1428 ~~b. Name, location address, and license number of the~~

1429 ~~originating medical marijuana treatment center.~~

1430 ~~c. Name and address of the recipient of the delivery.~~

1431 ~~d. Quantity and form of any marijuana or marijuana delivery~~

1432 ~~device being transported.~~

1433 ~~e. Arrival date and estimated time of arrival.~~

1434 ~~f. Delivery vehicle make and model and license plate~~

1435 ~~number.~~

1436 ~~g. Name and signature of the medical marijuana treatment~~

1437 ~~center employees delivering the product.~~

1438 ~~(I) A copy of the marijuana transportation manifest must be~~

1439 ~~provided to each individual, medical marijuana treatment center,~~

1440 ~~or marijuana testing laboratory that receives a delivery. The~~

1441 ~~individual, or a representative of the center or laboratory,~~

1442 ~~must sign a copy of the marijuana transportation manifest~~

1443 ~~acknowledging receipt.~~

1444 ~~(II) An individual transporting marijuana or a marijuana~~

1445 ~~delivery device must present a copy of the relevant marijuana~~

1446 ~~transportation manifest and his or her employee identification~~

1447 ~~card to a law enforcement officer upon request.~~

1448 ~~(III) Medical marijuana treatment centers and marijuana~~

1449 ~~testing laboratories must retain copies of all marijuana~~

1450 ~~transportation manifests for at least 3 years.~~

1451 ~~2. Ensure only vehicles in good working order are used to~~

1452 ~~transport marijuana.~~

1453 ~~3. Lock marijuana and marijuana delivery devices in a~~

1454 ~~separate compartment or container within the vehicle.~~

1455 ~~4. Require employees to have possession of their employee~~

1456 ~~identification card at all times when transporting marijuana or~~

1457 ~~marijuana delivery devices.~~

1458 ~~5. Require at least two persons to be in a vehicle~~

1459 ~~transporting marijuana or marijuana delivery devices, and~~

1460 ~~require at least one person to remain in the vehicle while the~~

1461 ~~marijuana or marijuana delivery device is being delivered.~~

1462 ~~6. Provide specific safety and security training to~~

1463 ~~employees transporting or delivering marijuana and marijuana~~

1464 ~~delivery devices~~ .

1465 (h) Advertising.—An MMTC ~~A medical marijuana treatment~~

1466 ~~center~~ may not engage in advertising that is visible to members

1467 of the public from any street, sidewalk, park, or other public

1468 place, except:

1469 1. An MMTC dispensing facility ~~The dispensing location of A~~

1470 ~~medical marijuana treatment center~~ may have a sign ~~that is~~

1471 affixed to the outside or hanging in the window of the premises

1472 which identifies the dispensing facility ~~dispensary~~ by the

1473 licensee’s business name, a department-approved trade name, or a

1474 department-approved logo. An MMTC’s ~~A medical marijuana~~

1475 ~~treatment center’s~~ trade name and logo may not contain wording

1476 or images that are attractive to children ~~or which promote~~

1477 ~~recreational use of marijuana~~ .

1478 2. An MMTC ~~A medical marijuana treatment center~~ may engage

1479 in Internet advertising and marketing under the following

1480 conditions:

1481 a. All advertisements must be approved by the department.

1482 b. An advertisement may not have any content that is

1483 attractive to children or which promotes the recreational use of

1484 marijuana.

1485 c. An advertisement may not be an unsolicited pop-up

1486 advertisement.

1487 d. Opt-in marketing must include an easy and permanent opt

1488 out feature.

1489 (i) Online retail catalogs.— Each retail MMTC ~~medical~~

1490 ~~marijuana treatment center~~ that dispenses marijuana and

1491 marijuana delivery devices shall make all of the following

1492 available to the public on its website:

1493 1. Each marijuana and low-THC product available for

1494 purchase, including the form, strain of marijuana from which it

1495 was extracted, cannabidiol content, tetrahydrocannabinol

1496 content, dose unit, total number of doses available, and the

1497 ratio of cannabidiol to tetrahydrocannabinol for each product.

1498 2. The price for a 30-day, 50-day, and 70-day supply at a

1499 standard dose for each marijuana and low-THC product available

1500 for purchase.

1501 3. The price for each marijuana delivery device available

1502 for purchase.

1503 4. If applicable, any discount policies and eligibility

1504 criteria for such discounts.

1505 (j) Sourcing of marijuana for medical use.—MMTCs ~~Medical~~

1506 ~~marijuana treatment centers~~ are the sole source from which a

1507 person ~~qualified patient~~ may legally obtain marijuana.

1508 (k) Rulemaking.— The department may adopt rules pursuant to

1509 ss. 120.536(1) and 120.54 to implement this subsection.

1510 (9) MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL;

1511 REGISTRATION; EMPLOYEE IDENTIFICATION CARDS.—

1512 (a) The department shall adopt rules to administer the

1513 registration of MMTC principals, employees, and contractors who

1514 participate in the operations of an MMTC. Before hiring or

1515 contracting with any individual who is not registered with the

1516 department or who does not possess a current MMTC employee

1517 identification card, an MMTC must apply to the department to

1518 register that person as an MMTC employee. The department shall

1519 adopt by rule a form for such applications for registration,

1520 which must require the applicant to provide all of the

1521 following:

1522 1. His or her full legal name, social security number, date

1523 of birth, and home address.

1524 2. A full-face, passport-type, color photograph of the

1525 applicant taken within 90 days immediately preceding submission

1526 of the application.

1527 3. Proof that he or she has passed a level 2 background

1528 screening pursuant to chapter 435 within the previous year.

1529 4. An indication as to whether the applicant will be

1530 authorized by the MMTC to possess marijuana while not on MMTC

1531 property.

1532 (b) Once the department has received a completed

1533 application form from an MMTC, the department shall register the

1534 principal, employee, or contractor associated with the MMTC and

1535 issue him or her an MMTC employee identification card that, at a

1536 minimum, includes all of the following:

1537 1. The employee’s name and the name of the MMTC that

1538 employs him or her.

1539 2. The employee’s photograph, as required under paragraph

1540 (a).

1541 3. The expiration date of the card, which must be 1 year

1542 after the date it is issued.

1543 4. An indication of whether the employee is authorized by

1544 the MMTC to possess marijuana while not on MMTC property.

1545 (c) If any information provided to the department for the

1546 registration of an MMTC principal, employee, or contractor or in

1547 the application for an MMTC employee identification card

1548 changes, or if the registered person’s employment status with

1549 the MMTC changes, the registered person and the MMTC must

1550 provide the department with the new information or status within

1551 7 days after the change.

1552 (d) The department may contract with one or more vendors

1553 for the purpose of issuing MMTC employee identification cards

1554 under this subsection ~~BACKGROUND SCREENING.—An individual~~

1555 ~~required to undergo a background screening pursuant to this~~

1556 ~~section must pass a level 2 background screening as provided~~

1557 ~~under chapter 435, which, in addition to the disqualifying~~

1558 ~~offenses provided in s. 435.04, shall exclude an individual who~~

1559 ~~has an arrest awaiting final disposition for, has been found~~

1560 ~~guilty of, regardless of adjudication, or has entered a plea of~~

1561 ~~nolo contendere or guilty to an offense under chapter 837,~~

1562 ~~chapter 895, or chapter 896 or similar law of another~~

1563 ~~jurisdiction. Exemptions from disqualification as provided under~~

1564 ~~s. 435.07 do not apply to this subsection.~~

1565 ~~(a) Such individual must submit a full set of fingerprints~~

1566 ~~to the department or to a vendor, entity, or agency authorized~~

1567 ~~by s. 943.053(13). The department, vendor, entity, or agency~~

1568 ~~shall forward the fingerprints to the Department of Law~~

1569 ~~Enforcement for state processing, and the Department of Law~~

1570 ~~Enforcement shall forward the fingerprints to the Federal Bureau~~

1571 ~~of Investigation for national processing.~~

1572 ~~(b) Fees for state and federal fingerprint processing and~~

1573 ~~retention shall be borne by the medical marijuana treatment~~

1574 ~~center or caregiver, as applicable. The state cost for~~

1575 ~~fingerprint processing shall be as provided in s. 943.053(3)(e)~~

1576 ~~for records provided to persons or entities other than those~~

1577 ~~specified as exceptions therein.~~

1578 ~~(c) Fingerprints submitted to the Department of Law~~

1579 ~~Enforcement pursuant to this subsection shall be retained by the~~

1580 ~~Department of Law Enforcement as provided in s. 943.05(2)(g) and~~

1581 ~~(h) and, when the Department of Law Enforcement begins~~

1582 ~~participation in the program, enrolled in the Federal Bureau of~~

1583 ~~Investigation’s national retained print arrest notification~~

1584 ~~program. Any arrest record identified shall be reported to the~~

1585 ~~department~~ .

1586 (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;

1587 ADMINISTRATIVE ACTIONS.—

1588 (a) ~~The department shall conduct announced or unannounced~~

1589 ~~inspections of medical marijuana treatment centers to determine~~

1590 ~~compliance with this section or rules adopted pursuant to this~~

1591 ~~section.~~

1592 ~~(b) The department shall inspect a medical marijuana~~

1593 ~~treatment center~~ Upon receiving a complaint or notice that an

1594 MMTC ~~the medical marijuana treatment center~~ has dispensed

1595 marijuana containing mold, bacteria, or any other contaminant

1596 that may cause or has caused an adverse effect to human health

1597 or the environment , the department shall inspect the MMTC, its

1598 facilities, and, as appropriate, any cultivation or processing

1599 facility of the MMTC from which the batch of marijuana was

1600 purchased .

1601 (b) ~~(c)~~ The department shall conduct at least a biennial

1602 inspection of each MMTC ~~medical marijuana treatment center~~ to

1603 evaluate its ~~the medical marijuana treatment center’s~~ records,

1604 personnel, equipment, processes, security measures, sanitation

1605 practices, and quality assurance practices.

1606 (c) The department shall conduct at least a biennial

1607 inspection of each permitted facility. The department may

1608 conduct additional announced or unannounced inspections of a

1609 permitted facility within reasonable hours in order to ensure

1610 compliance with this section and rules adopted hereunder.

1611 (d) The Department of Agriculture and Consumer Services and

1612 the department shall enter into an interagency agreement to

1613 ensure cooperation and coordination in the performance of their

1614 obligations under this section and their respective regulatory

1615 and authorizing laws. The department, the Department of Highway

1616 Safety and Motor Vehicles, and the Department of Law Enforcement

1617 may enter into interagency agreements for the purposes specified

1618 in this subsection or subsection (7).

1619 (e) The department shall publish a list of all approved

1620 MMTCs ~~medical marijuana treatment centers~~ , medical directors,

1621 and qualified physicians on its website.

1622 (f) The department may impose administrative penalties,

1623 including reasonable fines not to exceed $10,000 , on an MMTC a

1624 ~~medical marijuana treatment center~~ for any of the following

1625 violations:

1626 1. Violating this section or department rule.

1627 2. Failing to maintain qualifications for approval.

1628 3. Endangering the health, safety, or security of a

1629 qualified patient or an adult purchasing marijuana pursuant to

1630 s. 381.9901 .

1631 4. Improperly disclosing personal and confidential

1632 information of the qualified patient.

1633 5. Attempting to procure MMTC ~~medical marijuana treatment~~

1634 ~~center~~ approval by bribery, fraudulent misrepresentation, or

1635 extortion.

1636 6. Being convicted or found guilty of, or entering a plea

1637 of guilty or nolo contendere to, regardless of adjudication, a

1638 crime in any jurisdiction which directly relates to the business

1639 of an MMTC ~~a medical marijuana treatment center~~ .

1640 7. Making or filing a report or record that the MMTC

1641 ~~medical marijuana treatment center~~ knows to be false.

1642 8. Willfully failing to maintain a record required by this

1643 section or department rule.

1644 9. Willfully impeding or obstructing an employee or agent

1645 of the department in the furtherance of his or her official

1646 duties.

1647 10. Engaging in fraud or deceit, negligence, incompetence,

1648 or misconduct in the business practices of an MMTC ~~a medical~~

1649 ~~marijuana treatment center~~ .

1650 11. Making misleading, deceptive, or fraudulent

1651 representations in or related to the business practices of an

1652 MMTC ~~a medical marijuana treatment center~~ .

1653 12. Having a license or the authority to engage in any

1654 regulated profession, occupation, or business that is related to

1655 the business practices of an MMTC ~~a medical marijuana treatment~~

1656 ~~center~~ suspended, revoked, or otherwise acted against by the

1657 licensing authority of any jurisdiction, including its agencies

1658 or subdivisions, for a violation that would constitute a

1659 violation under Florida law.

1660 13. Violating a lawful order of the department or an agency

1661 of the state, or failing to comply with a lawfully issued

1662 subpoena of the department or an agency of the state.

1663 14. Failing to determine adequately the age of a buyer who

1664 is not a qualified patient or caregiver.

1665 (g) The department may suspend, revoke, or refuse to renew

1666 an MMTC’s registration, operating licenses, and any vehicle

1667 permits or facility permits ~~a medical marijuana treatment center~~

1668 ~~license~~ if the MMTC ~~medical marijuana treatment center~~ commits

1669 any of the violations specified in paragraph (f).

1670 (h) The department shall refuse to renew the cultivation,

1671 processing, retail, or transportation license of an MMTC that

1672 has not begun to cultivate, process, dispense, or transport

1673 marijuana, as applicable, by the date that the MMTC is required

1674 to renew such license.

1675 (i) ~~(h)~~ The department may adopt rules pursuant to ss.

1676 120.536(1) and 120.54 to implement this subsection.

1677 (11) PREEMPTION.—Regulation of cultivation, processing, and

1678 delivery of marijuana by MMTCs ~~medical marijuana treatment~~

1679 ~~centers~~ is preempted to the state except as provided in this

1680 subsection.

1681 (a) An MMTC ~~A medical marijuana treatment center~~

1682 cultivating or processing facility may not be located within 500

1683 feet of the real property that comprises a public or private

1684 elementary school, middle school, or secondary school.

1685 (b)1. A county or municipality may, by ordinance, ban MMTC

1686 ~~medical marijuana treatment center~~ dispensing facilities from

1687 being located within the boundaries of that county or

1688 municipality. A county or municipality that does not ban

1689 dispensing facilities under this subparagraph may not place

1690 specific limits, by ordinance, on the number of dispensing

1691 facilities that may locate within that county or municipality.

1692 2. A municipality may determine by ordinance the criteria

1693 for the location of, and other permitting requirements that do

1694 not conflict with state law or department rule for, MMTC ~~medical~~

1695 ~~marijuana treatment center~~ dispensing facilities located within

1696 the boundaries of that municipality. A county may determine by

1697 ordinance the criteria for the location of, and other permitting

1698 requirements that do not conflict with state law or department

1699 rule for, all such dispensing facilities located within the

1700 unincorporated areas of that county. Except as provided in

1701 paragraph (c), a county or municipality may not enact ordinances

1702 for permitting or for determining the location of dispensing

1703 facilities which are more restrictive than its ordinances

1704 permitting or determining the locations for pharmacies licensed

1705 under chapter 465. A municipality or county may not charge an

1706 MMTC ~~a medical marijuana treatment center~~ a license or permit

1707 fee in an amount greater than the fee charged by such

1708 municipality or county to pharmacies. A dispensing facility

1709 location approved by a municipality or county pursuant to former

1710 s. 381.986(8)(b), Florida Statutes 2016, is not subject to the

1711 location requirements of this subsection.

1712 (c) An MMTC ~~A medical marijuana treatment center~~ dispensing

1713 facility may not be located within 500 feet of the real property

1714 that comprises a public or private elementary school, middle

1715 school, or secondary school unless the county or municipality

1716 approves the location through a formal proceeding open to the

1717 public at which the county or municipality determines that the

1718 location promotes the public health, safety, and general welfare

1719 of the community.

1720 (d) This subsection does not prohibit any local

1721 jurisdiction from ensuring that MMTC ~~medical marijuana treatment~~

1722 ~~center~~ facilities comply with the Florida Building Code, the

1723 Florida Fire Prevention Code, or any local amendments to the

1724 Florida Building Code or the Florida Fire Prevention Code.

1725 (12) PENALTIES.—

1726 (a) A qualified physician commits a misdemeanor of the

1727 first degree, punishable as provided in s. 775.082 or s.

1728 775.083, if he or she ~~the qualified physician~~ issues a physician

1729 certification for the medical use of marijuana for a patient

1730 without a reasonable belief that the patient is suffering from a

1731 qualifying medical condition.

1732 (b) A person who fraudulently represents that he or she has

1733 a qualifying medical condition to a qualified physician for the

1734 purpose of being issued a physician certification commits a

1735 misdemeanor of the first degree, punishable as provided in s.

1736 775.082 or s. 775.083.

1737 (c) 1. A person ~~qualified patient~~ who uses marijuana, not

1738 including low-THC cannabis, or a caregiver who administers

1739 marijuana, not including low-THC cannabis, in plain view of or

1740 in a place open to the general public is subject to a civil fine

1741 not exceeding $100.

1742 2. A person who uses marijuana, not including low-THC

1743 cannabis, ; in a school bus, a moving vehicle, or an aircraft, or

1744 ~~a boat;~~ or on the grounds of a school except as provided in s.

1745 1006.062, commits a misdemeanor of the first degree, punishable

1746 as provided in s. 775.082 or s. 775.083.

1747 (d) A person ~~qualified patient or caregiver~~ who cultivates

1748 marijuana or who purchases ~~or acquires~~ marijuana from any person

1749 or entity other than an MTMC ~~a medical marijuana treatment~~

1750 ~~center~~ violates s. 893.13 and is subject to the penalties

1751 provided therein.

1752 (e) ~~1. A qualified patient or caregiver in possession of~~

1753 ~~marijuana or a marijuana delivery device who fails or refuses to~~

1754 ~~present his or her marijuana use registry identification card~~

1755 ~~upon the request of a law enforcement officer commits a~~

1756 ~~misdemeanor of the second degree, punishable as provided in s.~~

1757 ~~775.082 or s. 775.083, unless it can be determined through the~~

1758 ~~medical marijuana use registry that the person is authorized to~~

1759 ~~be in possession of that marijuana or marijuana delivery device.~~

1760 ~~2. A person charged with a violation of this paragraph may~~

1761 ~~not be convicted if, before or at the time of his or her court~~

1762 ~~or hearing appearance, the person produces in court or to the~~

1763 ~~clerk of the court in which the charge is pending a medical~~

1764 ~~marijuana use registry identification card issued to him or her~~

1765 ~~which is valid at the time of his or her arrest. The clerk of~~

1766 ~~the court is authorized to dismiss such case at any time before~~

1767 ~~the defendant’s appearance in court. The clerk of the court may~~

1768 ~~assess a fee of $5 for dismissing the case under this paragraph.~~

1769 ~~(f)~~ A caregiver who violates any of the applicable

1770 provisions of this section or applicable department rules, for

1771 the first offense, commits a misdemeanor of the second degree,

1772 punishable as provided in s. 775.082 or s. 775.083 and, for a

1773 second or subsequent offense, commits a misdemeanor of the first

1774 degree, punishable as provided in s. 775.082 or s. 775.083.

1775 (f) ~~(g)~~ A qualified physician who issues a physician

1776 certification for marijuana or a marijuana delivery device and

1777 receives compensation from an MMTC ~~a medical marijuana treatment~~

1778 ~~center~~ related to the issuance of a physician certification for

1779 marijuana or a marijuana delivery device is subject to

1780 disciplinary action under the applicable practice act and s.

1781 456.072(1)(n).

1782 (g) ~~(h)~~ A person transporting marijuana or marijuana

1783 delivery devices on behalf of an MMTC ~~a medical marijuana~~

1784 ~~treatment center~~ or a marijuana testing laboratory who fails or

1785 refuses to present a transportation manifest , whether in paper

1786 or electronic format, upon the request of a law enforcement

1787 officer commits a misdemeanor of the second degree, punishable

1788 as provided in s. 775.082 or s. 775.083.

1789 (h) ~~(i)~~ Persons and entities conducting activities

1790 authorized and governed by this section and s. 381.988 are

1791 subject to ss. 456.053, 456.054, and 817.505, as applicable.

1792 (i) ~~(j)~~ A person or entity that cultivates, processes,

1793 distributes, sells, or dispenses marijuana, as defined in s.

1794 29(b)(4), Art. X of the State Constitution, and is not licensed

1795 as an MMTC ~~a medical marijuana treatment center~~ violates s.

1796 893.13 and is subject to the penalties provided therein. This

1797 paragraph does not apply to a transfer of marijuana products or

1798 marijuana which is authorized by this section, s. 381.9901, or

1799 s. 893.13.

1800 (j) ~~(k)~~ A person who manufactures, distributes, sells,

1801 gives, or possesses with the intent to manufacture, distribute,

1802 sell, or give marijuana or a marijuana delivery device that he

1803 or she holds out to have originated from a licensed MMTC ~~medical~~

1804 ~~marijuana treatment center~~ but that is counterfeit commits a

1805 felony of the third degree, punishable as provided in s.

1806 775.082, s. 775.083, or s. 775.084. For the purposes of this

1807 paragraph, the term “counterfeit” means marijuana; a marijuana

1808 delivery device; or a marijuana or marijuana delivery device

1809 container, seal, or label which, without authorization, bears

1810 the trademark, trade name, or other identifying mark, imprint,

1811 or device, or any likeness thereof, of a licensed MMTC ~~medical~~

1812 ~~marijuana treatment center~~ and which thereby falsely purports or

1813 is represented to be the product of, or to have been distributed

1814 by, that licensed MMTC ~~medical marijuana treatment facility~~ .

1815 (k) ~~(l)~~ A ~~Any~~ person who possesses or manufactures a blank,

1816 forged, stolen, fictitious, fraudulent, counterfeit, or

1817 otherwise unlawfully issued medical marijuana use registry

1818 identification card commits a felony of the third degree,

1819 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

1820 (14) EXCEPTIONS TO OTHER LAWS.—

1821 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or

1822 any other ~~provision of~~ law, but subject to the requirements of

1823 this section, a qualified patient and the qualified patient’s

1824 caregiver may purchase from an MMTC ~~a medical marijuana~~

1825 ~~treatment center~~ for the patient’s medical use a marijuana

1826 delivery device and up to the amount of marijuana authorized in

1827 the physician certification, but may not possess more than a 70

1828 day supply of marijuana, or the greater of 4 ounces of marijuana

1829 in a form for smoking or an amount of marijuana in a form for

1830 smoking approved by the department pursuant to paragraph (4)(f),

1831 at any given time and all marijuana purchased must remain in its

1832 original packaging.

1833 (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,

1834 s. 893.147, or any other ~~provision of~~ law, a qualified patient

1835 and the qualified patient’s caregiver may purchase and possess a

1836 marijuana delivery device intended for the medical use of

1837 marijuana by smoking from a vendor other than an MMTC ~~a medical~~

1838 ~~marijuana treatment center~~ .

1839 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or

1840 any other ~~provision of~~ law, but subject to the requirements of

1841 this section, an approved MMTC ~~medical marijuana treatment~~

1842 ~~center~~ and its owners, managers, and employees may manufacture,

1843 possess, sell, deliver, distribute, dispense, and lawfully

1844 dispose of marijuana or a marijuana delivery device as provided

1845 in this section, s. 381.988, s. 381.9901, and by department

1846 rule. For the purposes of this subsection, the terms

1847 “manufacture,” “possession,” “deliver,” “distribute,” and

1848 “dispense” have the same meanings as provided in s. 893.02.

1849 (f) A licensed MMTC ~~medical marijuana treatment center~~ and

1850 its owners, managers, and employees are not subject to licensure

1851 or regulation under chapter 465 or chapter 499 for

1852 manufacturing, possessing, selling, delivering, distributing,

1853 dispensing, or lawfully disposing of marijuana or a marijuana

1854 delivery device, as provided in this section, in s. 381.988, and

1855 by department rule.

1856 ~~(17) Rules adopted pursuant to this section before July 1,~~

1857 ~~2026, are not subject to ss. 120.54(3)(b) and 120.541. This~~

1858 ~~subsection expires July 1, 2026.~~

1859 Section 3. Section 381.9901, Florida Statutes, is created

1860 to read:

1861 381.9901 Adult use of marijuana.—

1862 (1) A person 21 years of age or older may purchase in a

1863 single transaction marijuana products containing up to 2,000

1864 milligrams of tetrahydrocannabinol; up to 2.5 ounces of

1865 marijuana in a form for smoking; and one or more marijuana

1866 delivery devices, as defined in s. 381.986, provided that such

1867 marijuana products, marijuana in a form for smoking, and

1868 marijuana delivery devices are purchased from a medical

1869 marijuana treatment center (MMTC) that is licensed by the

1870 department pursuant to s. 381.986 for the retail sale of

1871 marijuana and registered with the Department of Business and

1872 Professional Regulation for the sale of marijuana for adult use.

1873 A violation of this subsection is punishable as provided in s.

1874 893.13.

1875 (2) A person 21 years of age or older who purchases

1876 marijuana products, marijuana in a form for smoking, or

1877 marijuana delivery devices in accordance with subsection (1) may

1878 possess, use, transport, and transfer, without consideration, to

1879 another person 21 years of age or older such products or

1880 devices. However, a person may not at any time possess marijuana

1881 products that, in total, contain more than 2,000 milligrams of

1882 tetrahydrocannabinol or more than 4 ounces of marijuana in a

1883 form for smoking. A violation of this subsection is punishable

1884 as provided in s. 893.13.

1885 (3) This section does not limit the ability of a private

1886 property owner to restrict the smoking or vaping of marijuana on

1887 his or her private property; however, a landlord may not prevent

1888 his or her tenants from possessing or using marijuana by other

1889 means.

1890 (4) This section does not exempt a person from prosecution

1891 for a criminal offense related to impairment or intoxication

1892 resulting from the use of marijuana or relieve a person from any

1893 requirement under law to submit to a breath, blood, or urine

1894 test or any other test to detect the presence of a controlled

1895 substance.

1896 Section 4. Subsections (5) through (8) are added to section

1897 604.71, Florida Statutes, to read:

1898 604.71 Local regulation of vegetable gardens.—

1899 (5) A qualified patient as defined in s. 381.986 who is at

1900 least 21 years of age may cultivate up to six flowering cannabis

1901 plants at his or her residence for personal consumption and

1902 noncommercial purposes.

1903 (6) A qualified patient as defined in s. 381.986 who is at

1904 least 21 years of age may purchase medical marijuana seeds and

1905 clones from a licensed medical marijuana treatment center.

1906 (7) A qualified patient as defined in s. 381.986 who

1907 cultivates cannabis shall ensure that the plants are secured in

1908 a manner to prevent access by unauthorized persons. The personal

1909 consumption of cannabis cultivated at a qualified patient’s

1910 residence is subject to the limitations on medical use or

1911 administration of marijuana as specified in s. 381.986(1)(k).

1912 (8) The sale of patient-cultivated cannabis plants and

1913 products and cultivation of cannabis by patients beyond the

1914 limits specified in this section is subject to the penalties

1915 outlined in chapter 893.

1916 Section 5. The Department of Agriculture and Consumer

1917 Services shall adopt rules pursuant to ss. 120.536(1) and

1918 120.54, Florida Statutes, regulating the cultivation of

1919 marijuana by members of the public for their private use,

1920 including rules regulating the use of a cooperative model for

1921 cultivation. The department shall adopt the rules no later than

1922 October 1, 2026. This section takes effect upon this act

1923 becoming a law.

1924 Section 6. Subsection (3) and paragraphs (a) and (b) of

1925 subsection (6) of section 893.13, Florida Statutes, are amended

1926 to read:

1927 893.13 Prohibited acts; penalties.—

1928 (3) (a) A person 21 years of age or older may, without

1929 consideration, deliver to another person 21 years of age or

1930 older:

1931 1. Marijuana products that contain a total of 2,000

1932 milligrams or less of tetrahydrocannabinol; and

1933 2. A quantity of 2.5 ounces or less of cannabis, as defined

1934 in this chapter.

1935 (b) A person younger than 21 years of age who, without

1936 consideration, delivers to another person marijuana products

1937 that contain a total of 2,000 milligrams or less of

1938 tetrahydrocannabinol or a quantity of 2.5 ounces or less of

1939 cannabis, as defined in this chapter, commits a misdemeanor of

1940 the second degree, punishable as provided in s. 775.082 or s.

1941 775.083, for a first conviction for a violation of this

1942 paragraph and commits a misdemeanor of the first degree,

1943 punishable as provided in s. 775.082 or s. 775.083, for a second

1944 or subsequent conviction for a violation of this paragraph ~~who~~

1945 ~~delivers, without consideration, 20 grams or less of cannabis,~~

1946 ~~as defined in this chapter, commits a misdemeanor of the first~~

1947 ~~degree, punishable as provided in s. 775.082 or s. 775.083. As~~

1948 ~~used in this subsection, the term “cannabis” does not include~~

1949 ~~the resin extracted from the plants of the genus Cannabis or any~~

1950 ~~compound manufacture, salt, derivative, mixture, or preparation~~

1951 ~~of such resin~~ .

1952 (6)(a) Except as otherwise provided in this subsection, a

1953 person may not be in actual or constructive possession of a

1954 controlled substance unless such controlled substance was

1955 lawfully obtained from a practitioner or pursuant to a valid

1956 prescription or order of a practitioner while acting in the

1957 course of his or her professional practice or to be in actual or

1958 constructive possession of a controlled substance except as

1959 otherwise authorized by this chapter. A person who violates this

1960 provision commits a felony of the third degree, punishable as

1961 provided in s. 775.082, s. 775.083, or s. 775.084.

1962 (b) 1. A person 21 years of age or older may possess

1963 marijuana products that contain a total of 2,000 milligrams or

1964 less of tetrahydrocannabinol and may possess 4 ounces or less of

1965 cannabis, as defined in this chapter ~~If the offense is the~~

1966 ~~possession of 20 grams or less of cannabis, as defined in this~~

1967 ~~chapter, the person commits a misdemeanor of the first degree,~~

1968 ~~punishable as provided in s. 775.082 or s. 775.083. As used in~~

1969 ~~this subsection, the term “cannabis” does not include the resin~~

1970 ~~extracted from the plants of the genus Cannabis, or any compound~~

1971 ~~manufacture, salt, derivative, mixture, or preparation of such~~

1972 ~~resin~~ .

1973 2. A person under 21 years of age who possesses marijuana

1974 products that contain a total of 2,000 milligrams or less of

1975 tetrahydrocannabinol or who possesses 4 ounces or less of

1976 cannabis, as defined in this chapter, commits a misdemeanor of

1977 the second degree, punishable as provided in s. 775.082 or s.

1978 775.083, for a first conviction for a violation of this

1979 paragraph and a misdemeanor of the first degree, punishable as

1980 provided in s. 775.082 or s. 775.083, for a second or subsequent

1981 conviction for a violation of this paragraph.

1982 Section 7. Section 893.1352, Florida Statutes, is created

1983 to read:

1984 893.1352 Retroactive application of s. 893.13.—

1985 (1) It is the intent of the Legislature to apply amendments

1986 to s. 893.13 retroactively to certain persons who were convicted

1987 of possession of cannabis before January 1, 2027.

1988 (2) As used in this section, a reference to “former s.

1989 893.13, Florida Statutes 2026,” is a reference to s. 893.13 as

1990 it existed at any time before January 1, 2027.

1991 (3)(a) A person who was convicted of a violation of former

1992 s. 893.13, Florida Statutes 2026, for possessing 4 ounces or

1993 less of cannabis as defined in chapter 893, but was not

1994 sentenced under that section before January 1, 2027, must be

1995 sentenced in accordance with s. 775.082, s. 775.083, or s.

1996 775.084 for the degree of offense provided in s. 893.13.

1997 (b) A person who was convicted of a violation of former s.

1998 893.13, Florida Statutes 2026, for possessing 4 ounces or less

1999 of cannabis as defined in chapter 893, who was sentenced before

2000 January 1, 2027, to a term of imprisonment or probation pursuant

2001 to former s. 893.13, Florida Statutes 2026, and who is serving

2002 the term of imprisonment or probation on or after January 1,

2003 2027, must have an opportunity for a sentence review hearing. If

2004 the person requests a sentence review hearing, he or she must be

2005 resentenced in accordance with paragraph (c).

2006 (c) Resentencing under this section must occur in the

2007 following manner:

2008 1. The Department of Corrections shall notify the person

2009 described in paragraph (b) of his or her eligibility to request

2010 a sentence review hearing.

2011 2. A person seeking sentence review under this section may

2012 submit an application to the court of original jurisdiction

2013 requesting that a sentence review hearing be held. The

2014 sentencing court retains original jurisdiction for the duration

2015 of the sentence for the purpose of this review.

2016 3. A person who is eligible for a sentence review hearing

2017 under this section is entitled to representation by legal

2018 counsel. If the person is indigent and unable to employ counsel,

2019 the court must appoint counsel under s. 27.52. Determinations of

2020 indigence and costs of representation are as provided in ss.

2021 27.52 and 938.29, respectively.

2022 4. Upon receipt of a request for a sentence review hearing,

2023 the court of original jurisdiction shall hold such hearing to

2024 determine whether the person meets the criteria for resentencing

2025 under this section. If the court determines by a preponderance

2026 of the evidence that the person is currently serving a sentence

2027 for a violation of former s. 893.13, Florida Statutes 2026, and

2028 that the violation was for possession of cannabis in the amount

2029 of 4 ounces or less, the court must resentence the person in

2030 accordance with this section. If the court determines that the

2031 person does not meet the criteria for resentencing under this

2032 section, the court must provide written findings as to why the

2033 person does not meet the criteria.

2034 5. If the court finds that the underlying facts of a

2035 conviction that is subject to resentencing are classified as a

2036 crime under s. 893.13, the person must be resentenced to a term

2037 that would not exceed the maximum sentence provided by that

2038 section. The person is entitled to receive credit for his or her

2039 time served.

2040 6. If the court finds that the underlying facts of a

2041 conviction that is subject to resentencing are not classified as

2042 a crime under s. 893.13, the person must be resentenced to time

2043 served and released from supervision as soon as reasonably

2044 possible.

2045 (4) Notwithstanding any other law, a person who has been

2046 convicted of a crime under former s. 893.13, Florida Statutes

2047 2026, and whose offense would not be classified as a crime under

2048 s. 893.13, must have all fines, fees, and costs related to such

2049 conviction waived.

2050 Section 8. Present subsections (5), (6), and (7) of section

2051 893.147, Florida Statutes, are redesignated as subsections (6),

2052 (7), and (8), respectively, a new subsection (5) is added to

2053 that section, and subsections (1), (2), and (4) of that section

2054 are amended, to read:

2055 893.147 Use, possession, manufacture, delivery,

2056 transportation, advertisement, or retail sale of drug

2057 paraphernalia, specified machines, and materials.—

2058 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.— Except as

2059 provided in subsection (5), it is unlawful for any person to

2060 use, or to possess with intent to use, drug paraphernalia:

2061 (a) To plant, propagate, cultivate, grow, harvest,

2062 manufacture, compound, convert, produce, process, prepare, test,

2063 analyze, pack, repack, store, contain, or conceal a controlled

2064 substance in violation of this chapter; or

2065 (b) To inject, ingest, inhale, or otherwise introduce into

2066 the human body a controlled substance in violation of this

2067 chapter.

2069 Any person who violates this subsection is guilty of a

2070 misdemeanor of the first degree, punishable as provided in s.

2071 775.082 or s. 775.083.

2072 (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.— Except

2073 as provided in subsection (5), it is unlawful for any person to

2074 deliver, possess with intent to deliver, or manufacture with

2075 intent to deliver drug paraphernalia, knowing, or under

2076 circumstances where one reasonably should know, that it will be

2077 used:

2078 (a) To plant, propagate, cultivate, grow, harvest,

2079 manufacture, compound, convert, produce, process, prepare, test,

2080 analyze, pack, repack, store, contain, or conceal a controlled

2081 substance in violation of this act; or

2082 (b) To inject, ingest, inhale, or otherwise introduce into

2083 the human body a controlled substance in violation of this act.

2085 Any person who violates this subsection is guilty of a felony of

2086 the third degree, punishable as provided in s. 775.082, s.

2087 775.083, or s. 775.084.

2088 (4) TRANSPORTATION OF DRUG PARAPHERNALIA.— Except as

2089 provided in subsection (5), it is unlawful to use, possess with

2090 the intent to use, or manufacture with the intent to use drug

2091 paraphernalia, knowing or under circumstances in which one

2092 reasonably should know that it will be used to transport:

2093 (a) A controlled substance in violation of this chapter; or

2094 (b) Contraband as defined in s. 932.701(2)(a)1.

2096 Any person who violates this subsection commits a felony of the

2097 third degree, punishable as provided in s. 775.082, s. 775.083,

2098 or s. 775.084.

2099 (5) ACTS INVOLVING A MARIJUANA DELIVERY DEVICE.—

2100 (a) A person 21 years of age or older may possess, use,

2101 transport, or deliver, without consideration, to another person

2102 21 years of age or older a marijuana delivery device as defined

2103 in s. 381.986.

2104 (b) A person younger than 21 years of age who possesses,

2105 uses, transports, or delivers, without consideration, a

2106 marijuana delivery device as defined in s. 381.986 commits a

2107 misdemeanor of the second degree, punishable as provided in s.

2108 775.082 or s. 775.083 for a first conviction for a violation of

2109 this paragraph and a misdemeanor of the first degree, punishable

2110 as provided in s. 775.082 or s. 775.083, for a second or

2111 subsequent conviction for a violation of this paragraph.

2112 Section 9. Section 943.0586, Florida Statutes, is created

2113 to read:

2114 943.0586 Cannabis expunction.—

2115 (1) DEFINITIONS.—As used in this section, the term:

2116 (a) “Cannabis” has the same meaning as provided in chapter

2117 893.

2118 (b) “Expunction” has the same meaning and effect as

2119 provided in s. 943.0585.

2120 (c) “Former s. 893.13, Florida Statutes 2026,” is a

2121 reference to s. 893.13 as it existed at any time before January

2122 1, 2027.

2123 (2) ELIGIBILITY.—Notwithstanding any other law, a person is

2124 eligible to petition a court to expunge a criminal history

2125 record for the conviction for a violation of former s. 893.13,

2126 Florida Statutes 2026, if:

2127 (a) The person received a withholding of adjudication or an

2128 adjudication of guilt for a violation of former s. 893.13,

2129 Florida Statutes 2026, for the possession of cannabis;

2130 (b) The person possessed 4 ounces or less of cannabis; and

2131 (c) The person is no longer under court supervision related

2132 to the disposition of arrest or alleged criminal activity to

2133 which the petition to expunge pertains.

2134 (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court

2135 to expunge a criminal history record under this section, a

2136 person seeking to expunge such record must apply to the

2137 department for a certificate of eligibility for expunction. The

2138 department shall adopt rules to establish procedures for

2139 applying for and issuing a certificate of eligibility for

2140 expunction.

2141 (a) The department shall issue a certificate of eligibility

2142 for expunction to a person who is the subject of a criminal

2143 history record under this section, if that person:

2144 1. Satisfies the eligibility criteria in subsection (2);

2145 2. Has submitted to the department a written certified

2146 statement from the appropriate state attorney or statewide

2147 prosecutor which confirms the criminal history record complies

2148 with the eligibility criteria in subsection (2); and

2149 3. Has submitted to the department a certified copy of the

2150 disposition of the charge to which the petition to expunge

2151 pertains.

2152 (b) A certificate of eligibility for expunction is valid

2153 for 12 months after the date of issuance stamped by the

2154 department on the certificate. After that time, the petitioner

2155 must reapply to the department for a new certificate of

2156 eligibility. The petitioner’s status and the law in effect at

2157 the time of the renewal application determine the petitioner’s

2158 eligibility.

2159 (4) PETITION.—Each petition to expunge a criminal history

2160 record must be accompanied by:

2161 (a) A valid certificate of eligibility issued by the

2162 department.

2163 (b) The petitioner’s sworn statement that he or she:

2164 1. Satisfies the eligibility requirements for expunction in

2165 subsection (2); and

2166 2. Is eligible for expunction to the best of his or her

2167 knowledge.

2168 (5) PENALTY.—A person who knowingly provides false

2169 information on his or her sworn statement submitted with a

2170 petition to expunge commits a felony of the third degree,

2171 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2172 (6) COURT AUTHORITY.—

2173 (a) The courts of this state have jurisdiction over their

2174 own procedures, including the maintenance, expunction, and

2175 correction of judicial records containing criminal history

2176 information, to the extent that such procedures are not

2177 inconsistent with the conditions, responsibilities, and duties

2178 established by this section.

2179 (b) A court of competent jurisdiction shall order a

2180 criminal justice agency to expunge the criminal history record

2181 of a person who complies with this section. The court may not

2182 order a criminal justice agency to expunge a criminal history

2183 record under this section until the person seeking to expunge a

2184 criminal history record has applied for and received a

2185 certificate of eligibility under subsection (3).

2186 (c) Expunction granted under this section does not preclude

2187 the person who receives such relief from petitioning for the

2188 expunction or sealing of a later criminal history record as

2189 provided for in ss. 943.0583, 943.0585, and 943.059, if the

2190 person is otherwise eligible under those sections.

2191 (7) PROCESSING OF A PETITION OR AN ORDER.—

2192 (a) In judicial proceedings under this section, a copy of

2193 the completed petition to expunge must be served upon the

2194 appropriate state attorney or the statewide prosecutor and upon

2195 the arresting agency; however, it is not necessary to make any

2196 agency other than the state a party. The appropriate state

2197 attorney or the statewide prosecutor and the arresting agency

2198 may respond to the court regarding the completed petition to

2199 expunge.

2200 (b) If relief is granted by the court, the clerk of the

2201 court shall certify copies of the order to the appropriate state

2202 attorney or the statewide prosecutor and the arresting agency.

2203 The arresting agency shall forward the order to any other agency

2204 to which the arresting agency disseminated the criminal history

2205 record information to which the order pertains. The department

2206 shall forward the order to expunge to the Federal Bureau of

2207 Investigation. The clerk of the court shall certify a copy of

2208 the order to any other agency that the records of the court

2209 reflect has received the criminal history record from the court.

2210 (c) The department or any other criminal justice agency is

2211 not required to act on an order to expunge entered by a court if

2212 such order does not meet the requirements of this section. Upon

2213 receipt of such an order, the department shall notify the

2214 issuing court, the appropriate state attorney or statewide

2215 prosecutor, the petitioner or the petitioner’s attorney, and the

2216 arresting agency of the reason for noncompliance. The

2217 appropriate state attorney or statewide prosecutor shall take

2218 action within 60 days to correct the record and petition the

2219 court to void the order. No cause of action, including contempt

2220 of court, may arise against any criminal justice agency for

2221 failure to comply with an order to expunge if the petitioner for

2222 such order failed to obtain the certificate of eligibility as

2223 required by this section or such order does not otherwise meet

2224 the requirements of this section.

2225 (8) EFFECT OF CANNABIS EXPUNCTION ORDER.—

2226 (a) The person who is the subject of a criminal history

2227 record that is expunged under this section may lawfully deny or

2228 fail to acknowledge any arrest or conviction covered by the

2229 expunged record, except if the person who is the subject of the

2230 record:

2231 1. Is a candidate for employment with a criminal justice

2232 agency;

2233 2. Is a defendant in a criminal prosecution;

2234 3. Concurrently or subsequently petitions for relief under

2235 this section, s. 943.0583, s. 943.0585, or s. 943.059;

2236 4. Is a candidate for admission to The Florida Bar;

2237 5. Is seeking to be employed or licensed by or to contract

2238 with the Department of Children and Families, the Division of

2239 Vocational Rehabilitation within the Department of Education,

2240 the Agency for Health Care Administration, the Agency for

2241 Persons with Disabilities, the Department of Health, the

2242 Department of Elderly Affairs, or the Department of Juvenile

2243 Justice or to be employed or used by such contractor or licensee

2244 in a sensitive position having direct contact with children,

2245 persons with disabilities, or the elderly;

2246 6. Is seeking to be employed or licensed by the Department

2247 of Education, any district school board, any university

2248 laboratory school, any charter school, any private or parochial

2249 school, or any local governmental entity that licenses child

2250 care facilities;

2251 7. Is seeking to be licensed by the Division of Insurance

2252 Agent and Agency Services within the Department of Financial

2253 Services; or

2254 8. Is seeking to be appointed as a guardian pursuant to s.

2255 744.3125.

2256 (b) A person who has been granted an expunction under this

2257 section and who is authorized under paragraph (a) to lawfully

2258 deny or fail to acknowledge the arrests and convictions covered

2259 by an expunged record may not be held under any law of this

2260 state to have committed perjury or to be otherwise liable for

2261 giving a false statement by reason of his or her failure to

2262 recite or acknowledge an expunged criminal history record.

2263 Section 10. Section 893.15, Florida Statutes, is amended to

2264 read:

2265 893.15 Rehabilitation.—Any person who violates s.

2266 893.13(6)(a) ~~or (b)~~ relating to possession may, in the

2267 discretion of the trial judge, be required to participate in a

2268 substance abuse services program approved or regulated by the

2269 Department of Children and Families pursuant to the provisions

2270 of chapter 397, provided the director of such program approves

2271 the placement of the defendant in such program. Such required

2272 participation shall be imposed in addition to any penalty or

2273 probation otherwise prescribed by law. However, the total time

2274 of such penalty, probation, and program participation may ~~shall~~

2275 not exceed the maximum length of sentence possible for the

2276 offense.

2277 Section 11. Except as otherwise expressly provided in this

2278 act and except for this section, which shall take effect upon

2279 becoming a law, this act shall take effect January 1, 2027.