Florida Senate - 2022 SB 776 By Senator Brandes 24-00030-22 2022776__ 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 and procedures; requiring 13 the department to adopt by rule a certain MMTC 14 registration form; specifying registration 15 requirements; providing that a registration expires 16 after a specified time; requiring an MMTC to obtain 17 separate operating licenses to perform certain 18 operations; specifying application requirements for 19 MMTCs to obtain cultivation licenses and processing 20 licenses; providing for the expiration of and renewal 21 of such licenses; requiring an MMTC to obtain a 22 facility permit before cultivating or processing 23 marijuana in the facility; authorizing MMTCs licensed 24 to cultivate or process marijuana to use contractors 25 to assist with the cultivation and processing of 26 marijuana under certain conditions; requiring work 27 done by the contractors to be at permitted facilities; 28 requiring the contractors to register principals and 29 employees; providing for the destruction of certain 30 marijuana byproducts within a specified timeframe 31 after their production; authorizing MMTCs licensed to 32 cultivate and process marijuana to sell marijuana at 33 wholesale to other registered MMTCs under certain 34 circumstances; prohibiting an MMTC from transporting 35 or delivering marijuana outside of its property 36 without a transportation license; providing 37 requirements for the cultivation and processing of 38 marijuana; deleting a requirement that each MMTC 39 produce and make available for purchase at least one 40 low-THC cannabis product; deleting certain 41 tetrahydrocannabinol limits for edibles; requiring an 42 MMTC that holds a license for processing to test 43 marijuana before it is sold in addition to when it is 44 dispensed; deleting obsolete language; revising 45 marijuana packaging requirements; providing 46 application requirements for an MMTC to obtain a 47 retail license; providing for the expiration and 48 renewal of such license; requiring an MMTC to obtain a 49 facility permit before selling, dispensing, or storing 50 marijuana in a facility; requiring an MMTC to cease 51 certain operations in a facility under certain 52 circumstances; prohibiting a dispensing facility from 53 repackaging or modifying marijuana that has already 54 been packaged for sale; providing exceptions; 55 authorizing a retail licensee to contract with an MMTC 56 that has a transportation license to transport 57 marijuana for the retail licensee under certain 58 circumstances; prohibiting onsite consumption or 59 administration of marijuana at a dispensing facility; 60 revising requirements for the dispensing of marijuana; 61 requiring a licensed retail MMTC to include specified 62 information on the label for marijuana or a marijuana 63 delivery device dispensed to a qualified patient or 64 caregiver; authorizing an MMTC to sell marijuana to an 65 adult 21 years of age or older under certain 66 circumstances; requiring MMTC employees to verify the 67 age of such buyers using specified methods; 68 prohibiting an MMTC from requesting or storing any 69 personal information of a buyer other than that needed 70 to verify the buyers age; deleting a provision 71 prohibiting an MMTC from dispensing or selling 72 specified products; revising safety and security 73 requirements for MMTCs; providing application 74 requirements for an MMTC to obtain a transportation 75 license; providing marijuana transportation 76 requirements; prohibiting the transportation of 77 marijuana on certain properties; prohibiting the 78 transportation of marijuana in a vehicle that is not 79 owned or leased by a licensee or the licensees 80 contractor and not appropriately permitted by the 81 department; providing a process for the issuance and 82 cancellation of vehicle permits; requiring MMTCs to 83 designate a registered employee or contract employee 84 as the driver for each permitted vehicle; requiring 85 the designation to be displayed in the vehicle at all 86 times; requiring that each permitted vehicle be GPS 87 monitored; specifying that a permitted vehicle 88 transporting marijuana is subject to inspection and 89 search without a search warrant by specified persons; 90 authorizing an MMTC licensed to transport marijuana 91 and marijuana delivery devices to deliver or contract 92 for the delivery of marijuana and marijuana delivery 93 devices to other MMTCs within this state, to qualified 94 patients and caregivers within this state, and to 95 adults 21 years of age or older within this state; 96 establishing that a county or municipality may not 97 prohibit deliveries of marijuana or marijuana delivery 98 devices to qualified patients and caregivers within 99 the county or municipality; requiring an MMTC 100 delivering marijuana or a marijuana delivery device to 101 a qualified patient or his or her caregiver to verify 102 the identity of the qualified patient; requiring an 103 MMTC delivering marijuana to an adult 21 years of age 104 or older to verify his or her age; requiring the 105 department to adopt certain rules for the delivery of 106 marijuana; authorizing MMTCs to use contractors to 107 assist with the transportation of marijuana; 108 specifying that an MMTC is responsible for a 109 contractors actions and operations related to the 110 transportation of marijuana; requiring an MMTC to know 111 the location of all of its marijuana products at all 112 times; requiring principals and employees of a 113 contractor to register with the department and receive 114 an MMTC employee identification card before 115 participating in the operations of an MMTC; providing 116 for the permitting of cultivation, processing, 117 dispensing, and storage facilities; requiring the 118 department to adopt by rule a facility permit 119 application form; requiring the department to inspect 120 a facility before issuing a permit; requiring the 121 department to issue or deny a facility permit within a 122 specified timeframe; providing for the expiration of 123 facility permits; requiring the department to inspect 124 a facility for compliance before the renewal of a 125 facility permit; requiring an MMTC to cease applicable 126 operations if a facilitys permit expires or is 127 suspended or revoked; requiring cultivation facilities 128 and processing facilities to be insured with specified 129 hazard and liability insurance; providing cultivation 130 facility and processing facility requirements; 131 preempting to the state all matters regarding the 132 permitting and regulation of cultivation facilities 133 and processing facilities; requiring dispensing 134 facilities and storage facilities to be insured with 135 specified hazard and liability insurance; providing 136 dispensing facility and storage facility requirements; 137 clarifying that the governing body of a county or a 138 municipality may prohibit or limit the number of 139 dispensing facilities located within its jurisdiction 140 but may not prohibit a licensed retail MMTC or its 141 permitted storage facility from being located in such 142 countys or municipalitys jurisdiction if the MMTC is 143 delivering marijuana to qualified patients in that 144 jurisdiction; prohibiting the department from issuing 145 a facility permit for a dispensing facility in a 146 county or municipality that adopts a specified 147 ordinance; authorizing a county or municipality to 148 levy a local tax on a dispensing facility; providing 149 that local ordinances may not result in or provide for 150 certain outcomes; authorizing the department to adopt 151 specified requirements by rule; requiring the 152 department to adopt rules to administer the 153 registration of certain MMTC principals, employees, 154 and contractors; requiring an MMTC to apply to the 155 department for the registration of certain persons 156 before hiring or contracting with any such persons; 157 requiring the department to adopt by rule a 158 registration form that includes specified information; 159 requiring the department to register persons who 160 satisfy specified conditions and issue them MMTC 161 employee identification cards; requiring a registered 162 person and the MMTC to update the department within a 163 specified timeframe if certain information or the 164 persons employment status changes; authorizing the 165 department to contract with vendors to issue MMTC 166 employee identification cards; requiring the 167 department to inspect an MMTC and its facilities upon 168 receipt of a complaint and to inspect each permitted 169 facility at least biennially; authorizing the 170 department to conduct additional inspections of a 171 facility under certain circumstances; authorizing the 172 department to suspend, revoke, or refuse to renew an 173 MMTCs registration, operating licenses, vehicle 174 permits, or facility permits for violating certain 175 provisions; requiring the department to refuse to 176 renew an MMTCs cultivation, processing, retail, or 177 transportation license under certain circumstances; 178 revising provisions related to penalties and fees to 179 conform to changes made by the act; providing 180 applicability; deleting obsolete language; creating s. 181 381.990, F.S.; authorizing a person 21 years of age or 182 older to purchase marijuana products, marijuana in a 183 form for smoking, and marijuana delivery devices under 184 certain circumstances; providing that such products be 185 purchased from an MMTC licensed by the department for 186 the retail sale of marijuana and registered with the 187 Department of Business and Professional Regulation for 188 sale of marijuana for adult use; providing penalties; 189 authorizing a person 21 years of age or older to 190 possess, use, transport, or transfer to another person 191 21 years of age or older marijuana products, marijuana 192 in a form for smoking, and marijuana delivery devices 193 under certain circumstances; providing limitations and 194 penalties; clarifying that a private property owner 195 may restrict the smoking or vaping of marijuana on his 196 or her property but a landlord may not prevent his or 197 her tenants from possessing or using marijuana by 198 other means; providing that certain provisions do not 199 exempt a person from prosecution for a criminal 200 offense related to impairment or intoxication 201 resulting from the use of marijuana and do not relieve 202 a person from any legal requirement to submit to 203 certain tests to detect the presence of a controlled 204 substance; requiring the Department of Agriculture and 205 Consumer Services to conduct a study on the harms and 206 benefits of allowing the cultivation of marijuana by 207 members of the public for private use, including use 208 of a specified model; requiring the department to 209 report the results of the study to the Governor and 210 the Legislature by a specified date; amending s. 211 893.13, F.S.; authorizing a person 21 years of age or 212 older to deliver marijuana products to another person 213 21 years of age or older and to possess marijuana 214 products in a specified amount under certain 215 circumstances; providing criminal penalties for the 216 delivery or possession of marijuana products by a 217 person younger than 21 years of age under certain 218 circumstances; creating s. 893.1352, F.S.; providing 219 legislative intent; providing for the retroactive 220 applicability of s. 893.13, F.S.; requiring certain 221 sentences for specified offenses; requiring sentence 222 review hearings for individuals serving certain 223 sentences for specified crimes, if requested; 224 providing requirements for sentence review and 225 resentencing; requiring the waiver of certain 226 conviction-related fines, fees, and costs under 227 certain circumstances; amending s. 893.147, F.S.; 228 authorizing a person 21 years of age or older to 229 possess, use, transport, or deliver, without 230 consideration, a marijuana delivery device to a person 231 21 years of age or older; providing criminal penalties 232 for the possession, use, transport, or delivery, 233 without consideration, of a marijuana delivery device 234 by a person younger than 21 years of age under certain 235 circumstances; creating s. 943.0586, F.S.; defining 236 terms; authorizing an individual convicted of certain 237 crimes to petition the court for expunction of his or 238 her criminal history record under specified 239 circumstances; requiring such individual to first 240 obtain a certificate of eligibility for expunction 241 from the Department of Law Enforcement; requiring the 242 department to adopt rules establishing the procedures 243 for applying for and issuing such certificates; 244 requiring the department to issue a certificate of 245 eligibility for expunction under specified 246 circumstances; providing for the expiration of and 247 reapplication for such certificate; providing 248 requirements for the petition for expunction; 249 providing criminal penalties; providing for the 250 courts authority over its own procedures, with an 251 exception; requiring the court to order the expunction 252 of a criminal history record under certain 253 circumstances; clarifying that expunction of certain 254 criminal history records does not affect eligibility 255 for expunction of other criminal history records; 256 providing requirements for processing expunction 257 petitions and orders; providing that a person granted 258 an expunction may lawfully deny or fail to acknowledge 259 the underlying arrest or conviction, with exceptions; 260 providing that a person may not be deemed to have 261 committed perjury or otherwise held liable for giving 262 a false statement if he or she fails to recite or 263 acknowledge an expunged criminal history record; 264 amending s. 893.15, F.S.; conforming a provision to 265 changes made by the act; providing effective dates. 266 267 Be It Enacted by the Legislature of the State of Florida: 268 269 Section 1.Paragraph (l) of subsection (2) of section 270 212.08, Florida Statutes, is amended to read: 271 212.08Sales, rental, use, consumption, distribution, and 272 storage tax; specified exemptions.The sale at retail, the 273 rental, the use, the consumption, the distribution, and the 274 storage to be used or consumed in this state of the following 275 are hereby specifically exempt from the tax imposed by this 276 chapter. 277 (2)EXEMPTIONS; MEDICAL. 278 (l)Marijuana and marijuana delivery devices, as defined in 279 s. 381.986, are exempt from the taxes imposed under this chapter 280 if they are purchased by a qualified patient or a caregiver, as 281 those terms are defined in s. 381.986. 282 Section 2.Paragraphs (d) through (h), (j), and (k) of 283 subsection (1), paragraph (b) of subsection (3), paragraph (f) 284 of subsection (4), paragraphs (a) and (f) of subsection (5), 285 paragraph (b) of subsection (6), subsections (8) through (12), 286 paragraphs (a), (b), (c), and (e) of subsection (14), and 287 subsection (17) of section 381.986, Florida Statutes, are 288 amended to read: 289 381.986Medical use of marijuana. 290 (1)DEFINITIONS.As used in this section, the term: 291 (d)Edibles means commercially produced food items made 292 with marijuana oil, but no other form of marijuana, which that 293 are produced and dispensed by a medical marijuana treatment 294 center (MMTC). 295 (e)Low-THC cannabis means a plant of the genus Cannabis, 296 the dried flowers of which contain 0.8 percent or less of 297 tetrahydrocannabinol and more than 10 percent of cannabidiol 298 weight for weight; the seeds thereof; the resin extracted from 299 any part of such plant; or any compound, manufacture, salt, 300 derivative, mixture, or preparation of such plant or its seeds 301 or resin which that is dispensed from an MMTC a medical 302 marijuana treatment center. 303 (f)Marijuana means all parts of any plant of the genus 304 Cannabis, whether growing or not; the seeds thereof; the resin 305 extracted from any part of the plant; and every compound, 306 manufacture, salt, derivative, mixture, or preparation of the 307 plant or its seeds or resin, including low-THC cannabis, which 308 is are dispensed from an MMTC a medical marijuana treatment 309 center for medical use by a qualified patient. 310 (g)Marijuana delivery device means an object used, 311 intended for use, or designed for use in preparing, storing, 312 ingesting, inhaling, or otherwise introducing marijuana into the 313 human body, and which object is dispensed from an MMTC a medical 314 marijuana treatment center for medical use by a qualified 315 patient; however, such objects that are except that delivery 316 devices intended solely for the medical use of marijuana by 317 smoking need not be dispensed from an MMTC and a medical 318 marijuana treatment center in order to qualify as marijuana 319 delivery devices. 320 (h)Marijuana testing laboratory means a facility 321 certified by the department pursuant to s. 381.988 which that 322 collects and analyzes marijuana samples from an MMTC a medical 323 marijuana treatment center and has been certified by the 324 department pursuant to s. 381.988. 325 (j)Medical use means the acquisition, possession, use, 326 delivery, transfer, or administration of marijuana authorized by 327 a physician certification. The term does not include: 328 1.Possession, use, or administration of marijuana that was 329 not purchased or acquired from an MMTC a medical marijuana 330 treatment center. 331 2.Possession, use, or administration of marijuana in the 332 form of commercially produced food items other than edibles or 333 of marijuana seeds. 334 3.Use or administration of any form or amount of marijuana 335 in a manner that is inconsistent with the qualified physicians 336 directions or physician certification. 337 4.Transfer of marijuana to a person other than the 338 qualified patient for whom it was authorized or the qualified 339 patients caregiver on behalf of the qualified patient. 340 5.Use or administration of marijuana in the following 341 locations: 342 a.On any form of public transportation, except for low-THC 343 cannabis not in a form for smoking. 344 b.In any public place, except for low-THC cannabis not in 345 a form for smoking. 346 c.In a qualified patients place of employment, except 347 when permitted by his or her employer. 348 d.In a state correctional institution, as defined in s. 349 944.02, or a correctional institution, as defined in s. 944.241. 350 e.On the grounds of a preschool, primary school, or 351 secondary school, except as provided in s. 1006.062. 352 f.In a school bus, a vehicle, an aircraft, or a motorboat, 353 except for low-THC cannabis not in a form for smoking. 354 6.The smoking of marijuana in an enclosed indoor workplace 355 as defined in s. 386.203(5). 356 (k)Physician certification means a qualified physicians 357 authorization for a qualified patient to receive marijuana and a 358 marijuana delivery device from an MMTC a medical marijuana 359 treatment center. 360 (3)QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS. 361 (b)A qualified physician may not be employed by, or have 362 any direct or indirect economic interest in, a medical marijuana 363 treatment center (MMTC) or marijuana testing laboratory. 364 (4)PHYSICIAN CERTIFICATION. 365 (f)A qualified physician may not issue a physician 366 certification for more than three 70-day supply limits of 367 marijuana or more than six 35-day supply limits of marijuana in 368 a form for smoking. The department shall quantify by rule a 369 daily dose amount with equivalent dose amounts for each 370 allowable form of marijuana dispensed by a medical marijuana 371 treatment center (MMTC). The department shall use the daily dose 372 amount to calculate a 70-day supply. 373 1.A qualified physician may request an exception to the 374 daily dose amount limit, the 35-day supply limit of marijuana in 375 a form for smoking, and the 4-ounce possession limit of 376 marijuana in a form for smoking established in paragraph 377 (14)(a). The request shall be made electronically on a form 378 adopted by the department in rule and must include, at a 379 minimum: 380 a.The qualified patients qualifying medical condition. 381 b.The dosage and route of administration that was 382 insufficient to provide relief to the qualified patient. 383 c.A description of how the patient will benefit from an 384 increased amount. 385 d.The minimum daily dose amount of marijuana that would be 386 sufficient for the treatment of the qualified patients 387 qualifying medical condition. 388 2.A qualified physician must provide the qualified 389 patients records upon the request of the department. 390 3.The department shall approve or disapprove the request 391 within 14 days after receipt of the complete documentation 392 required by this paragraph. The request shall be deemed approved 393 if the department fails to act within this time period. 394 (5)MEDICAL MARIJUANA USE REGISTRY. 395 (a)The department shall create and maintain a secure, 396 electronic, and online medical marijuana use registry for 397 physicians, patients, and caregivers as provided under this 398 section. The medical marijuana use registry must be accessible 399 to law enforcement agencies, qualified physicians, and medical 400 marijuana treatment centers (MMTCs) to verify the authorization 401 of a qualified patient or a caregiver to possess marijuana or a 402 marijuana delivery device and record the marijuana or marijuana 403 delivery device dispensed. The medical marijuana use registry 404 must also be accessible to practitioners licensed to prescribe 405 prescription drugs to ensure proper care for patients before 406 medications that may interact with the medical use of marijuana 407 are prescribed. The medical marijuana use registry must prevent 408 an active registration of a qualified patient by multiple 409 physicians. 410 (f)The department may revoke the registration of a 411 qualified patient or caregiver who cultivates marijuana or who 412 acquires, possesses, or delivers marijuana from any person or 413 entity other than an MMTC a medical marijuana treatment center. 414 (6)CAREGIVERS. 415 (b)A caregiver must: 416 1.Not be a qualified physician and not be employed by or 417 have an economic interest in a medical marijuana treatment 418 center (MMTC) or a marijuana testing laboratory. 419 2.Be 21 years of age or older and a resident of this 420 state. 421 3.Agree in writing to assist with the qualified patients 422 medical use of marijuana. 423 4.Be registered in the medical marijuana use registry as a 424 caregiver for no more than one qualified patient, except as 425 provided in this paragraph. 426 5.Successfully complete a caregiver certification course 427 developed and administered by the department or its designee, 428 which must be renewed biennially. The price of the course may 429 not exceed $100. 430 6.Pass a level 2 background screening pursuant to chapter 431 435 subsection (9), unless the patient is a close relative of 432 the caregiver. In addition to the disqualifying offenses 433 specified in s. 435.04(2) and (3), a person may not serve as a 434 caregiver if he or she has an arrest awaiting final disposition 435 for; has been found guilty of, regardless of adjudication; or 436 has entered a plea of nolo contendere or guilty to an offense 437 under chapter 837, chapter 895, or chapter 896 or a similar law 438 of another jurisdiction. 439 (8)MEDICAL MARIJUANA TREATMENT CENTERS. 440 (a)The department shall license medical marijuana 441 treatment centers to ensure reasonable statewide accessibility 442 and availability as necessary for qualified patients registered 443 in the medical marijuana use registry and who are issued a 444 physician certification under this section. 445 1.As soon as practicable, but no later than July 3, 2017, 446 the department shall license as a medical marijuana treatment 447 center any entity that holds an active, unrestricted license to 448 cultivate, process, transport, and dispense low-THC cannabis, 449 medical cannabis, and cannabis delivery devices, under former s. 450 381.986, Florida Statutes 2016, before July 1, 2017, and which 451 meets the requirements of this section. In addition to the 452 authority granted under this section, these entities are 453 authorized to dispense low-THC cannabis, medical cannabis, and 454 cannabis delivery devices ordered pursuant to former s. 381.986, 455 Florida Statutes 2016, which were entered into the compassionate 456 use registry before July 1, 2017, and are authorized to begin 457 dispensing marijuana under this section on July 3, 2017. The 458 department may grant variances from the representations made in 459 such an entitys original application for approval under former 460 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 461 2.The department shall license as medical marijuana 462 treatment centers 10 applicants that meet the requirements of 463 this section, under the following parameters: 464 a.As soon as practicable, but no later than August 1, 465 2017, the department shall license any applicant whose 466 application was reviewed, evaluated, and scored by the 467 department and which was denied a dispensing organization 468 license by the department under former s. 381.986, Florida 469 Statutes 2014; which had one or more administrative or judicial 470 challenges pending as of January 1, 2017, or had a final ranking 471 within one point of the highest final ranking in its region 472 under former s. 381.986, Florida Statutes 2014; which meets the 473 requirements of this section; and which provides documentation 474 to the department that it has the existing infrastructure and 475 technical and technological ability to begin cultivating 476 marijuana within 30 days after registration as a medical 477 marijuana treatment center. 478 b.As soon as practicable, the department shall license one 479 applicant that is a recognized class member of Pigford v. 480 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers 481 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed 482 under this sub-subparagraph is exempt from the requirement of 483 subparagraph (b)2. 484 c.As soon as practicable, but no later than October 3, 485 2017, the department shall license applicants that meet the 486 requirements of this section in sufficient numbers to result in 487 10 total licenses issued under this subparagraph, while 488 accounting for the number of licenses issued under sub 489 subparagraphs a. and b. 490 3.For up to two of the licenses issued under subparagraph 491 2., the department shall give preference to applicants that 492 demonstrate in their applications that they own one or more 493 facilities that are, or were, used for the canning, 494 concentrating, or otherwise processing of citrus fruit or citrus 495 molasses and will use or convert the facility or facilities for 496 the processing of marijuana. 497 4.Within 6 months after the registration of 100,000 active 498 qualified patients in the medical marijuana use registry, the 499 department shall license four additional medical marijuana 500 treatment centers that meet the requirements of this section. 501 Thereafter, the department shall license four medical marijuana 502 treatment centers within 6 months after the registration of each 503 additional 100,000 active qualified patients in the medical 504 marijuana use registry that meet the requirements of this 505 section. 506 5.Dispensing facilities are subject to the following 507 requirements: 508 a.A medical marijuana treatment center may not establish 509 or operate more than a statewide maximum of 25 dispensing 510 facilities, unless the medical marijuana use registry reaches a 511 total of 100,000 active registered qualified patients. When the 512 medical marijuana use registry reaches 100,000 active registered 513 qualified patients, and then upon each further instance of the 514 total active registered qualified patients increasing by 515 100,000, the statewide maximum number of dispensing facilities 516 that each licensed medical marijuana treatment center may 517 establish and operate increases by five. 518 b.A medical marijuana treatment center may not establish 519 more than the maximum number of dispensing facilities allowed in 520 each of the Northwest, Northeast, Central, Southwest, and 521 Southeast Regions. The department shall determine a medical 522 marijuana treatment centers maximum number of dispensing 523 facilities allowed in each region by calculating the percentage 524 of the total statewide population contained within that region 525 and multiplying that percentage by the medical marijuana 526 treatment centers statewide maximum number of dispensing 527 facilities established under sub-subparagraph a., rounded to the 528 nearest whole number. The department shall ensure that such 529 rounding does not cause a medical marijuana treatment centers 530 total number of statewide dispensing facilities to exceed its 531 statewide maximum. The department shall initially calculate the 532 maximum number of dispensing facilities allowed in each region 533 for each medical marijuana treatment center using county 534 population estimates from the Florida Estimates of Population 535 2016, as published by the Office of Economic and Demographic 536 Research, and shall perform recalculations following the 537 official release of county population data resulting from each 538 United States Decennial Census. For the purposes of this 539 subparagraph: 540 (I)The Northwest Region consists of Bay, Calhoun, 541 Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, 542 Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, 543 Walton, and Washington Counties. 544 (II)The Northeast Region consists of Alachua, Baker, 545 Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, 546 Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, 547 Suwannee, and Union Counties. 548 (III)The Central Region consists of Brevard, Citrus, 549 Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, 550 Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia 551 Counties. 552 (IV)The Southwest Region consists of Charlotte, Collier, 553 DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, 554 Okeechobee, and Sarasota Counties. 555 (V)The Southeast Region consists of Broward, Miami-Dade, 556 Martin, Monroe, and Palm Beach Counties. 557 c.If a medical marijuana treatment center establishes a 558 number of dispensing facilities within a region that is less 559 than the number allowed for that region under sub-subparagraph 560 b., the medical marijuana treatment center may sell one or more 561 of its unused dispensing facility slots to other licensed 562 medical marijuana treatment centers. For each dispensing 563 facility slot that a medical marijuana treatment center sells, 564 that medical marijuana treatment centers statewide maximum 565 number of dispensing facilities, as determined under sub 566 subparagraph a., is reduced by one. The statewide maximum number 567 of dispensing facilities for a medical marijuana treatment 568 center that purchases an unused dispensing facility slot is 569 increased by one per slot purchased. Additionally, the sale of a 570 dispensing facility slot shall reduce the sellers regional 571 maximum and increase the purchasers regional maximum number of 572 dispensing facilities, as determined in sub-subparagraph b., by 573 one for that region. For any slot purchased under this sub 574 subparagraph, the regional restriction applied to that slots 575 location under sub-subparagraph b. before the purchase shall 576 remain in effect following the purchase. A medical marijuana 577 treatment center that sells or purchases a dispensing facility 578 slot must notify the department within 3 days of sale. 579 d.This subparagraph shall expire on April 1, 2020. 580 581 If this subparagraph or its application to any person or 582 circumstance is held invalid, the invalidity does not affect 583 other provisions or applications of this act which can be given 584 effect without the invalid provision or application, and to this 585 end, the provisions of this subparagraph are severable. 586 (b)An applicant for licensure as a medical marijuana 587 treatment center shall apply to the department on a form 588 prescribed by the department and adopted in rule. The department 589 shall adopt rules pursuant to ss. 120.536(1) and 120.54 590 establishing a procedure for the issuance and biennial renewal 591 of licenses, including initial application and biennial renewal 592 fees sufficient to cover the costs of implementing and 593 administering this section, and establishing supplemental 594 licensure fees for payment beginning May 1, 2018, sufficient to 595 cover the costs of administering ss. 381.989 and 1004.4351. The 596 department shall identify applicants with strong diversity plans 597 reflecting this states commitment to diversity and implement 598 training programs and other educational programs to enable 599 minority persons and minority business enterprises, as defined 600 in s. 288.703, and veteran business enterprises, as defined in 601 s. 295.187, to compete for medical marijuana treatment center 602 licensure and contracts. Subject to the requirements in 603 subparagraphs (a)2.-4., the department shall issue a license to 604 an applicant if the applicant meets the requirements of this 605 section and pays the initial application fee. The department 606 shall renew the licensure of a medical marijuana treatment 607 center biennially if the licensee meets the requirements of this 608 section and pays the biennial renewal fee. An individual may not 609 be an applicant, owner, officer, board member, or manager on 610 more than one application for licensure as a medical marijuana 611 treatment center. An individual or entity may not be awarded 612 more than one license as a medical marijuana treatment center. 613 An applicant for licensure as a medical marijuana treatment 614 center must demonstrate: 615 1.That, for the 5 consecutive years before submitting the 616 application, the applicant has been registered to do business in 617 the state. 618 2.Possession of a valid certificate of registration issued 619 by the Department of Agriculture and Consumer Services pursuant 620 to s. 581.131. 621 3.The technical and technological ability to cultivate and 622 produce marijuana, including, but not limited to, low-THC 623 cannabis. 624 4.The ability to secure the premises, resources, and 625 personnel necessary to operate as a medical marijuana treatment 626 center. 627 5.The ability to maintain accountability of all raw 628 materials, finished products, and any byproducts to prevent 629 diversion or unlawful access to or possession of these 630 substances. 631 6.An infrastructure reasonably located to dispense 632 marijuana to registered qualified patients statewide or 633 regionally as determined by the department. 634 7.The financial ability to maintain operations for the 635 duration of the 2-year approval cycle, including the provision 636 of certified financial statements to the department. 637 a.Upon approval, the applicant must post a $5 million 638 performance bond issued by an authorized surety insurance 639 company rated in one of the three highest rating categories by a 640 nationally recognized rating service. However, a medical 641 marijuana treatment center serving at least 1,000 qualified 642 patients is only required to maintain a $2 million performance 643 bond. 644 b.In lieu of the performance bond required under sub 645 subparagraph a., the applicant may provide an irrevocable letter 646 of credit payable to the department or provide cash to the 647 department. If provided with cash under this sub-subparagraph, 648 the department shall deposit the cash in the Grants and 649 Donations Trust Fund within the Department of Health, subject to 650 the same conditions as the bond regarding requirements for the 651 applicant to forfeit ownership of the funds. If the funds 652 deposited under this sub-subparagraph generate interest, the 653 amount of that interest shall be used by the department for the 654 administration of this section. 655 8.That all owners, officers, board members, and managers 656 have passed a background screening pursuant to subsection (9). 657 9.The employment of a medical director to supervise the 658 activities of the medical marijuana treatment center. 659 10.A diversity plan that promotes and ensures the 660 involvement of minority persons and minority business 661 enterprises, as defined in s. 288.703, or veteran business 662 enterprises, as defined in s. 295.187, in ownership, management, 663 and employment. An applicant for licensure renewal must show the 664 effectiveness of the diversity plan by including the following 665 with his or her application for renewal: 666 a.Representation of minority persons and veterans in the 667 medical marijuana treatment centers workforce; 668 b.Efforts to recruit minority persons and veterans for 669 employment; and 670 c.A record of contracts for services with minority 671 business enterprises and veteran business enterprises. 672 (c)A medical marijuana treatment center may not make a 673 wholesale purchase of marijuana from, or a distribution of 674 marijuana to, another medical marijuana treatment center, unless 675 the medical marijuana treatment center seeking to make a 676 wholesale purchase of marijuana submits proof of harvest failure 677 to the department. 678 (d)Department responsibilities.The department shall do 679 all of the following: 680 1.Adopt by rule all of the following: 681 a.Operating standards for the cultivation, processing, 682 packaging, and labeling of marijuana. 683 b.Standards for the sale of marijuana. 684 c.Procedures and requirements for all of the following: 685 (I)The registration and registration renewal of medical 686 marijuana treatment centers (MMTCs). 687 (II)The issuance and renewal of cultivation, processing, 688 retail, and transportation operating licenses. 689 (III)The issuance and renewal of cultivation, processing, 690 dispensing, and storage facility permits and vehicle permits. 691 (IV)The registration of all principals, employees, and 692 contractors of an MMTC who will participate in the operations of 693 the MMTC. 694 (V)The issuance of MMTC employee identification cards to 695 registered principals, employees, and contractors of MMTCs. 696 2.Establish, maintain, and control a computer software 697 tracking system that traces marijuana from seed to sale and 698 allows real-time, 24-hour access by the department to data from 699 all MMTCs medical marijuana treatment centers and marijuana 700 testing laboratories. The tracking system must allow for 701 integration of other seed-to-sale systems and, at a minimum, 702 include notification of when marijuana seeds are planted, when 703 marijuana plants are harvested and destroyed, and when marijuana 704 is transported, sold, stolen, diverted, or lost. Each MMTC 705 medical marijuana treatment center shall use the seed-to-sale 706 tracking system established by the department or integrate its 707 own seed-to-sale tracking system with the seed-to-sale tracking 708 system established by the department. Each MMTC medical 709 marijuana treatment center may use its own seed-to-sale system 710 until the department establishes a seed-to-sale tracking system. 711 The department may contract with a vendor to establish the seed 712 to-sale tracking system. The vendor selected by the department 713 may not have a contractual relationship with the department to 714 perform any services pursuant to this section other than the 715 seed-to-sale tracking system. The vendor may not have a direct 716 or indirect financial interest in an MMTC a medical marijuana 717 treatment center or a marijuana testing laboratory. 718 (b)Registration. 719 1.The department shall adopt by rule an MMTC registration 720 form that requires, at a minimum, all of the following: 721 a.The applicants full legal name. 722 b.The physical address of each location where the 723 applicant will apply for a facility permit to cultivate, 724 process, dispense, or store marijuana. 725 c.The name, address, and date of birth of each of the 726 applicants principals. 727 d.The name, address, and date of birth of each of the 728 applicants current employees and contractors who will 729 participate in the operations of the MMTC. 730 e.The operation or operations in which the applicant 731 intends to engage, which may include one or more of the 732 following: 733 (I)Cultivation. 734 (II)Processing. 735 (III)Retail sales. 736 (IV)Transportation. 737 2.To be registered as an MMTC, an applicant must submit 738 all of the following to the department: 739 a.The applicants completed registration form. 740 b.Personnel registration forms, as described in subsection 741 (9), for all principals, employees, and contractors listed on 742 the applicants registration form who will participate in the 743 operations of the MMTC. The department may not register the 744 applicant as an MMTC until all principals, employees, and 745 contractors listed on the applicants registration form have 746 registered with the department and are issued MMTC employee 747 identification cards. 748 c.Proof that all principals listed on the applicants 749 registration form who will participate in the operations of the 750 MMTC have passed a level 2 background screening pursuant to 751 chapter 435 within the previous year. 752 d.Proof that the MMTC has the capability to comply with 753 seed-to-sale tracking system requirements. 754 e.Proof of the applicants financial ability to maintain 755 operations for the duration of the registration. 756 f.A $500,000 performance and compliance bond, or a $1 757 million performance and compliance bond if the MMTC intends to 758 cultivate or process marijuana, which will be forfeited if the 759 MMTC fails to comply with: 760 (I)Registration requirements in this paragraph during the 761 registration period; or 762 (II)Material requirements of this section which are 763 applicable to the functions the applicant intends to perform, as 764 indicated on the registration form. 765 3.A registration expires 2 years after the date it is 766 issued. 767 4.In addition to obtaining registration pursuant to this 768 paragraph, an MMTC shall obtain an operating license for each 769 operation it will perform as provided in paragraph (c), 770 paragraph (d), or paragraph (f), as applicable. 771 (c)Cultivation licenses and processing licenses. 772 1.A registered MMTC may apply for a cultivation license or 773 a processing license. When applying, the MMTC shall provide the 774 department with, at a minimum, all of the following: 775 a.A completed cultivation license or processing license 776 application form. 777 b.The physical address of each location where marijuana 778 will be cultivated, processed, or stored. 779 c.As applicable to the requested license or licenses: 780 (I)Proof of an established infrastructure, or the ability 781 to establish an infrastructure in a reasonable amount of time, 782 that is designed for cultivation, processing, testing, 783 packaging, and labeling marijuana; proof of the ability to 784 maintain the infrastructures security; and proof of the ability 785 to prevent the theft or diversion of any marijuana. 786 (II)Proof that the applicant has the technical and 787 technological ability to cultivate and test or process and test 788 marijuana. 789 d.Proof of operating procedures designed to secure and 790 maintain accountability for all marijuana and marijuana-related 791 byproducts that come into the applicants possession and to 792 comply with the required seed-to-sale tracking system. 793 2.Cultivation licenses and processing licenses expire 2 794 years after the date they are issued. To renew a license, the 795 licensee must meet all of the requirements for initial 796 licensure; must provide all of the documentation required under 797 subparagraph 1.; and may not have any uncorrected substantial 798 violations of the standards adopted by department rule for the 799 cultivation, processing, testing, packaging, and labeling of 800 marijuana. 801 3.Before beginning cultivation or processing at any 802 location, the licensee must obtain a facility permit from the 803 department for that location pursuant to paragraph (g). 804 4.A licensee under this subsection may use contractors to 805 assist with the cultivation or processing of marijuana, as 806 applicable, but the licensee is ultimately responsible for all 807 of the operations performed by each contractor relating to the 808 cultivation or processing of marijuana and is responsible for 809 maintaining physical possession of the marijuana at all times. 810 All work done by a contractor must be performed at a location 811 that has a facility permit issued by the department. A licensee 812 using a contractor must register any principal or employee of a 813 contractor who will be participating in the operations of the 814 licensee as provided in subsection (9). Such principal or 815 employee may not begin participating in the operations of the 816 licensee until he or she has received an MMTC employee 817 identification card from the department. 818 5.All marijuana byproducts that cannot be processed or 819 reprocessed must be destroyed by the cultivation licensee or the 820 processing licensee or their respective contractors within 30 821 days after the production of the byproducts. 822 6.A licensee under this subsection may sell marijuana at 823 wholesale only to other registered MMTCs. Before selling 824 marijuana at wholesale, the selling MMTC shall provide the 825 purchasing MMTC with documentation showing that the marijuana 826 meets the testing, packaging, and labeling requirements of this 827 section. The purchasing MMTC shall review such documentation to 828 determine that the marijuana is in compliance with this section 829 before taking possession of the marijuana. 830 7.Transportation or delivery of marijuana outside of the 831 property owned by a licensee under this subsection may be 832 performed only by an MMTC that holds a transportation license 833 issued pursuant to paragraph (f) 834 (e)A licensed medical marijuana treatment center shall 835 cultivate, process, transport, and dispense marijuana for 836 medical use. A licensed medical marijuana treatment center may 837 not contract for services directly related to the cultivation, 838 processing, and dispensing of marijuana or marijuana delivery 839 devices, except that a medical marijuana treatment center 840 licensed pursuant to subparagraph (a)1. may contract with a 841 single entity for the cultivation, processing, transporting, and 842 dispensing of marijuana and marijuana delivery devices. A 843 licensed medical marijuana treatment center must, at all times, 844 maintain compliance with the criteria demonstrated and 845 representations made in the initial application and the criteria 846 established in this subsection. Upon request, the department may 847 grant a medical marijuana treatment center a variance from the 848 representations made in the initial application. Consideration 849 of such a request shall be based upon the individual facts and 850 circumstances surrounding the request. A variance may not be 851 granted unless the requesting medical marijuana treatment center 852 can demonstrate to the department that it has a proposed 853 alternative to the specific representation made in its 854 application which fulfills the same or a similar purpose as the 855 specific representation in a way that the department can 856 reasonably determine will not be a lower standard than the 857 specific representation in the application. A variance may not 858 be granted from the requirements in subparagraph 2. and 859 subparagraphs (b)1. and 2. 860 1.A licensed medical marijuana treatment center may 861 transfer ownership to an individual or entity who meets the 862 requirements of this section. A publicly traded corporation or 863 publicly traded company that meets the requirements of this 864 section is not precluded from ownership of a medical marijuana 865 treatment center. To accommodate a change in ownership: 866 a.The licensed medical marijuana treatment center shall 867 notify the department in writing at least 60 days before the 868 anticipated date of the change of ownership. 869 b.The individual or entity applying for initial licensure 870 due to a change of ownership must submit an application that 871 must be received by the department at least 60 days before the 872 date of change of ownership. 873 c.Upon receipt of an application for a license, the 874 department shall examine the application and, within 30 days 875 after receipt, notify the applicant in writing of any apparent 876 errors or omissions and request any additional information 877 required. 878 d.Requested information omitted from an application for 879 licensure must be filed with the department within 21 days after 880 the departments request for omitted information or the 881 application shall be deemed incomplete and shall be withdrawn 882 from further consideration and the fees shall be forfeited. 883 884 Within 30 days after the receipt of a complete application, the 885 department shall approve or deny the application. 886 2.A medical marijuana treatment center, and any individual 887 or entity who directly or indirectly owns, controls, or holds 888 with power to vote 5 percent or more of the voting shares of a 889 medical marijuana treatment center, may not acquire direct or 890 indirect ownership or control of any voting shares or other form 891 of ownership of any other medical marijuana treatment center. 892 3.A medical marijuana treatment center may not enter into 893 any form of profit-sharing arrangement with the property owner 894 or lessor of any of its facilities where cultivation, 895 processing, storing, or dispensing of marijuana and marijuana 896 delivery devices occurs. 897 4.All employees of a medical marijuana treatment center 898 must be 21 years of age or older and have passed a background 899 screening pursuant to subsection (9). 900 5.Each medical marijuana treatment center must adopt and 901 enforce policies and procedures to ensure employees and 902 volunteers receive training on the legal requirements to 903 dispense marijuana to qualified patients. 904 8.6.When growing marijuana, an MMTC licensed for 905 cultivation a medical marijuana treatment center: 906 a.May use pesticides determined by the department, after 907 consultation with the Department of Agriculture and Consumer 908 Services, to be safely applied to plants intended for human 909 consumption, but may not use pesticides designated as 910 restricted-use pesticides pursuant to s. 487.042. 911 b.Shall Must grow marijuana within an enclosed permitted 912 cultivation facility structure and in a room separate from any 913 other plant. 914 c.Shall Must inspect seeds and growing plants for plant 915 pests that endanger or threaten the horticultural and 916 agricultural interests of the state in accordance with chapter 917 581 and any rules adopted thereunder. 918 d.Shall Must perform fumigation or treatment of plants, or 919 remove and destroy infested or infected plants, in accordance 920 with chapter 581 and any rules adopted thereunder. 921 7.Each medical marijuana treatment center must produce and 922 make available for purchase at least one low-THC cannabis 923 product. 924 9.8.An MMTC A medical marijuana treatment center that 925 produces edibles must hold a permit to operate as a food 926 establishment pursuant to chapter 500, the Florida Food Safety 927 Act, and must comply with all the requirements for food 928 establishments pursuant to chapter 500 and any rules adopted 929 thereunder. Edibles may not contain more than 200 milligrams of 930 tetrahydrocannabinol, and a single serving portion of an edible 931 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 932 may have a tetrahydrocannabinol potency variance of no greater 933 than 15 percent. Edibles may not be attractive to children; be 934 manufactured in the shape of humans, cartoons, or animals; be 935 manufactured in a form that bears any reasonable resemblance to 936 products available for consumption as commercially available 937 candy; or contain any color additives. To discourage consumption 938 of edibles by children, the department shall determine by rule 939 any shapes, forms, and ingredients allowed and prohibited for 940 edibles. MMTCs Medical marijuana treatment centers may not begin 941 processing or dispensing edibles until after the effective date 942 of the rule. The department shall also adopt sanitation rules 943 providing the standards and requirements for the storage, 944 display, or dispensing of edibles. 945 9.Within 12 months after licensure, a medical marijuana 946 treatment center must demonstrate to the department that all of 947 its processing facilities have passed a Food Safety Good 948 Manufacturing Practices, such as Global Food Safety Initiative 949 or equivalent, inspection by a nationally accredited certifying 950 body. A medical marijuana treatment center must immediately stop 951 processing at any facility which fails to pass this inspection 952 until it demonstrates to the department that such facility has 953 met this requirement. 954 10.A medical marijuana treatment center that produces 955 prerolled marijuana cigarettes may not use wrapping paper made 956 with tobacco or hemp. 957 10.11.When processing marijuana, an MMTC licensed for 958 processing shall a medical marijuana treatment center must: 959 a.Process the marijuana within an enclosed permitted 960 processing facility structure and in a room separate from other 961 plants or products. 962 b.Comply with department rules when processing marijuana 963 with hydrocarbon solvents or other solvents or gases exhibiting 964 potential toxicity to humans. The department shall determine by 965 rule the requirements for the medical marijuana treatment 966 centers to use of such solvents or gases by MMTCs exhibiting 967 potential toxicity to humans. 968 c.Comply with federal and state laws and regulations and 969 department rules for solid and liquid wastes. The department 970 shall determine by rule procedures for the storage, handling, 971 transportation, management, and disposal of solid and liquid 972 waste generated during marijuana production and processing. The 973 Department of Environmental Protection shall assist the 974 department in developing such rules. 975 d.Test the processed marijuana using a medical marijuana 976 testing laboratory before it is sold or dispensed. Results must 977 be verified and signed by two MMTC medical marijuana treatment 978 center employees. Before selling, selling at wholesale, or 979 dispensing, the MMTC shall medical marijuana treatment center 980 must determine that the test results indicate that low-THC 981 cannabis meets the definition of low-THC cannabis, the 982 concentration of tetrahydrocannabinol meets the potency 983 requirements of this section, the labeling of the concentration 984 of tetrahydrocannabinol and cannabidiol is accurate, and all 985 marijuana is safe for human consumption and free from 986 contaminants that are unsafe for human consumption. The 987 department shall determine by rule which contaminants must be 988 tested for and the maximum levels of each contaminant which are 989 safe for human consumption. The Department of Agriculture and 990 Consumer Services shall assist the department in developing the 991 testing requirements for contaminants that are unsafe for human 992 consumption in edibles. The department shall also determine by 993 rule the procedures for the treatment of marijuana that fails to 994 meet the testing requirements of this section, s. 381.988, or 995 department rule. The department may select a random sample from 996 edibles available for purchase in a dispensing facility, which 997 must shall be tested by the department to determine that the 998 edible meets the potency requirements of this section and, is 999 safe for human consumption, and that the labeling of the 1000 tetrahydrocannabinol and cannabidiol concentration is accurate. 1001 An MMTC A medical marijuana treatment center may not require 1002 payment from the department for the sample. An MMTC shall A 1003 medical marijuana treatment center must recall edibles, 1004 including all edibles made from the same batch of marijuana, 1005 which fail to meet the potency requirements of this section, 1006 which are unsafe for human consumption, or for which the 1007 labeling of the tetrahydrocannabinol and cannabidiol 1008 concentration is inaccurate. An MMTC shall The medical marijuana 1009 treatment center must retain records of all testing and samples 1010 of each homogenous batch of marijuana for at least 9 months. An 1011 MMTC shall The medical marijuana treatment center must contract 1012 with a marijuana testing laboratory to perform audits on the 1013 MMTCs medical marijuana treatment centers standard operating 1014 procedures, testing records, and samples and provide the results 1015 to the department to confirm that the marijuana or low-THC 1016 cannabis meets the requirements of this section and that the 1017 marijuana or low-THC cannabis is safe for human consumption. An 1018 MMTC A medical marijuana treatment center shall reserve two 1019 processed samples from each batch and retain such samples for at 1020 least 9 months for the purpose of such audits. An MMTC A medical 1021 marijuana treatment center may use a laboratory that has not 1022 been certified by the department under s. 381.988 until such 1023 time as at least one laboratory holds the required 1024 certification, but in no event later than July 1, 2018. 1025 e.Package the marijuana in compliance with the United 1026 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1027 1471 et seq. 1028 f.Package the marijuana in a receptacle that has a firmly 1029 affixed and legible label stating the following information: 1030 (I)That the marijuana or low-THC cannabis meets the 1031 requirements of sub-subparagraph d. 1032 (II)The name of the MMTC medical marijuana treatment 1033 center from which the marijuana originates. 1034 (III)The batch number and harvest number from which the 1035 marijuana originates and the date that the marijuana is sold or 1036 dispensed. 1037 (IV)The name of the physician who issued the physician 1038 certification. 1039 (V)The name of the patient. 1040 (VI)The product name, if applicable, and dosage form, 1041 including concentration of tetrahydrocannabinol and cannabidiol. 1042 The product name may not contain wording commonly associated 1043 with products marketed by or to children. 1044 (V)(VII)The recommended dose. 1045 (VI)(VIII)A warning that it is illegal to transfer medical 1046 marijuana to a another person younger than 21 years of age. 1047 (VII)(IX)A marijuana universal symbol developed by the 1048 department. 1049 11.12.The MMTC that packages the marijuana medical 1050 marijuana treatment center shall include in each package an a 1051 patient package insert with information on the specific product 1052 dispensed related to all of the following: 1053 a.Clinical pharmacology. 1054 b.Indications and use. 1055 c.Dosage and administration. 1056 d.Dosage forms and strengths. 1057 e.Contraindications. 1058 f.Warnings and precautions. 1059 g.Adverse reactions. 1060 12.13.In addition to the packaging and labeling 1061 requirements specified in subparagraphs 10. and 11. and 12., 1062 marijuana in a form for smoking must be packaged in a sealed 1063 receptacle with a legible and prominent warning to keep the 1064 receptacle away from children and a warning that states that 1065 marijuana smoke contains carcinogens and may negatively affect 1066 health. Such receptacles for marijuana in a form for smoking 1067 must be plain, opaque, and white without depictions of the 1068 product or images other than the MMTCs medical marijuana 1069 treatment centers department-approved logo and the marijuana 1070 universal symbol. 1071 13.14.The department shall adopt rules to regulate the 1072 types, appearance, and labeling of marijuana delivery devices 1073 dispensed from an MMTC a medical marijuana treatment center. The 1074 rules must require marijuana delivery devices to have an 1075 appearance consistent with medical use. 1076 14.15.Each edible must shall be individually sealed in 1077 plain, opaque wrapping marked only with the marijuana universal 1078 symbol. Where practical, Each edible must shall be marked with 1079 the marijuana universal symbol. In addition to the packaging and 1080 labeling requirements in subparagraphs 10. and 11. and 12., 1081 edible receptacles must be plain, opaque, and white without 1082 depictions of the product or images other than the MMTCs 1083 medical marijuana treatment centers department-approved logo 1084 and the marijuana universal symbol. The receptacle must also 1085 include a list of all the edibles ingredients, storage 1086 instructions, information on the estimated amount of time for 1087 the edible to take effect, an expiration date, a legible and 1088 prominent warning to keep the receptacle away from children and 1089 pets, and a warning that the edible has not been produced or 1090 inspected pursuant to federal food safety laws. 1091 (d)Retail licenses. 1092 1.A registered MMTC may apply for a retail license. When 1093 applying, the MMTC must provide the department with, at a 1094 minimum, all of the following: 1095 a.A completed retail license application form. 1096 b.A statement by the applicant which indicates whether the 1097 applicant intends to dispense by delivery. A retail licensee may 1098 not deliver marijuana without also obtaining a transportation 1099 license pursuant to paragraph (f). 1100 c.The physical address of each location where the 1101 applicant will dispense or store marijuana. 1102 d.Identifying information for all other current or 1103 previous retail licenses held by the applicant or any of the 1104 applicants principals. 1105 e.Proof of operating procedures designed to secure and 1106 maintain accountability for all marijuana that the applicant 1107 receives and possesses, to ensure that only the allowed amount 1108 of marijuana is sold or dispensed, to ensure that the specified 1109 type of marijuana is correctly dispensed to a qualified patient 1110 or his or her caregiver pursuant to a physician certification, 1111 and to monitor the medical marijuana patient registry and 1112 electronically update the registry with dispensing information. 1113 2.A retail license expires 2 years after the date it is 1114 issued. The retail licensee must apply for license renewal 1115 before the expiration date. To renew a license, a retail 1116 licensee must meet all of the requirements for initial 1117 licensure; must provide all of the documents required under 1118 paragraph (b); and must not have any outstanding substantial 1119 violations of the applicable standards adopted by department 1120 rule. 1121 3.Before beginning to sell, dispense, or store marijuana, 1122 the licensee shall obtain a facility permit from the department 1123 for each location where marijuana will be sold, dispensed, or 1124 stored. If a facilitys permit expires or is suspended or 1125 revoked, the MMTC must cease all applicable operations at that 1126 facility until the department inspects the facility and renews 1127 or reinstates the facilitys permit. 1128 4.A dispensing facility may not repackage or modify 1129 marijuana that has already been packaged for sale by a 1130 cultivation licensee or processing licensee, unless the 1131 repackaging is of unprocessed marijuana, is done in accordance 1132 with instructions from the cultivator or processor, and is 1133 documented in the required seed-to-sale tracking system. 1134 5.A retail licensee may contract with an MMTC that has a 1135 transportation license to transport marijuana between properties 1136 owned by the retail licensee, to deliver the marijuana for sale 1137 or dispensing, and to pick up returns of marijuana. 1138 6.Onsite consumption or administration of marijuana at a 1139 dispensing facility is prohibited. 1140 7.16.When dispensing marijuana or a marijuana delivery 1141 device, an MMTC licensed for retail a medical marijuana 1142 treatment center: 1143 a.May dispense any active, valid order for low-THC 1144 cannabis, medical cannabis and cannabis delivery devices issued 1145 pursuant to former s. 381.986, Florida Statutes 2016, which was 1146 entered into the medical marijuana use registry before July 1, 1147 2017. 1148 b.May not dispense more than one a 70-day supply of 1149 marijuana within any 70-day period to a qualified patient or 1150 caregiver and. may not dispense more than one 35-day supply of 1151 marijuana in a form for smoking within any 35-day period to a 1152 qualified patient or caregiver. A 35-day supply of marijuana in 1153 a form for smoking may not exceed 2.5 ounces unless an exception 1154 to this amount is approved by the department pursuant to 1155 paragraph (4)(f). 1156 c.Shall require Must have the MMTCs medical marijuana 1157 treatment centers employee who dispenses the marijuana or a 1158 marijuana delivery device to enter into the medical marijuana 1159 use registry his or her name or unique employee identifier. 1160 d.Before dispensing to a qualified patient or caregiver, 1161 shall must verify that the qualified patient and, if applicable, 1162 the caregiver, if applicable, each have an active registration 1163 in the medical marijuana use registry and an active and valid 1164 medical marijuana use registry identification card; that, the 1165 amount and type of marijuana dispensed matches the physician 1166 certification in the medical marijuana use registry for that 1167 qualified patient;, and that the physician certification has not 1168 already been filled. 1169 e.Before dispensing to a qualified patient or caregiver, 1170 shall label the marijuana or the marijuana delivery device with 1171 the name of the physician who issued the physician certification 1172 and the name of the patient for whom the certification was 1173 issued. 1174 f.May not dispense marijuana to a qualified patient who is 1175 younger than 18 years of age. If the qualified patient is 1176 younger than 18 years of age, marijuana may only be dispensed 1177 only to the qualified patients caregiver. 1178 g.May sell marijuana to an adult 21 years of age or older 1179 pursuant to s. 381.990, provided that the MMTC is registered 1180 with the Department of Business and Professional Regulation 1181 pursuant to that section. When selling marijuana pursuant to 1182 that section, the employee selling the marijuana must determine 1183 that the appearance of the buyer is such that a prudent person 1184 would believe the buyer to be 21 years of age or older or must 1185 carefully check the buyers driver license, identification card 1186 issued by this state or another state of the United States, 1187 passport, or United States Armed Services identification card to 1188 determine the buyers age. Other than for the purpose of 1189 determining a buyers age, an MMTC may not request or store any 1190 personal information provided by the buyer. 1191 h.f.May not dispense or sell any other type of cannabis, 1192 alcohol, or illicit drug-related product, including pipes or 1193 wrapping papers made with tobacco or hemp, other than a 1194 marijuana delivery device required for the medical use of 1195 marijuana and which is specified in a physician certification. 1196 i.g.Must, Upon dispensing the marijuana or marijuana 1197 delivery device to a qualified patient or caregiver, shall 1198 record in the registry the date, time, quantity, and form of 1199 marijuana dispensed; the type of marijuana delivery device 1200 dispensed; and the name and medical marijuana use registry 1201 identification number of the qualified patient or caregiver to 1202 whom the marijuana delivery device was dispensed. 1203 j.h.Shall Must ensure that patient records are not visible 1204 to anyone other than the qualified patient, his or her 1205 caregiver, and authorized MMTC medical marijuana treatment 1206 center employees. 1207 (e)(f)Security.To ensure the safety and security of 1208 premises where the cultivation, processing, storing, or 1209 dispensing of marijuana occurs, and to maintain adequate 1210 controls against the diversion, theft, and loss of marijuana or 1211 marijuana delivery devices, an MMTC a medical marijuana 1212 treatment center shall do all of the following: 1213 1.a.Maintain a fully operational security alarm system 1214 that secures all entry points and perimeter windows and is 1215 equipped with motion detectors; pressure switches; and duress, 1216 panic, and hold-up alarms.; and 1217 b.Maintain a video surveillance system that records 1218 continuously, 24 hours a day, and meets all of the following 1219 criteria: 1220 (I)Cameras are fixed in a place that allows for the clear 1221 identification of persons and activities in controlled areas of 1222 the premises. Controlled areas include grow rooms, processing 1223 rooms, storage rooms, disposal rooms or areas, and point-of-sale 1224 rooms. 1225 (II)Cameras are fixed in entrances and exits to the 1226 premises in a place that allows recording, which shall record 1227 from both indoor and outdoor, or ingress and egress, vantage 1228 points. 1229 (III)Produces recorded images that must clearly and 1230 accurately display the time and date of recording. 1231 c.(IV)Retain video surveillance recordings for at least 45 1232 days or longer upon the request of a law enforcement agency. 1233 2.Ensure that the MMTCs medical marijuana treatment 1234 centers outdoor premises have sufficient lighting from dusk 1235 until dawn. 1236 3.Ensure that the indoor premises where dispensing occurs 1237 include includes a waiting area with sufficient space and 1238 seating to accommodate qualified patients and caregivers and at 1239 least one private consultation area that is isolated from the 1240 waiting area and the area where dispensing occurs. An MMTC A 1241 medical marijuana treatment center may not display products or 1242 dispense marijuana or marijuana delivery devices in the waiting 1243 area. 1244 4.Cease dispensing Not dispense from its premises 1245 marijuana or a marijuana delivery devices from its premises 1246 device between the hours of 11 p.m. 9 p.m. and 7 a.m., but may 1247 perform all other operations and deliver marijuana to qualified 1248 patients 24 hours a day. 1249 5.Store marijuana in a secured, locked room or a vault. 1250 6.Require at least two of its employees, or two employees 1251 of a security agency with whom it contracts, to be on the 1252 premises at all times where cultivation, processing, or storing 1253 of marijuana occurs, at all times. 1254 7.Require each employee or contractor to wear a photo 1255 identification badge at all times while on the premises. 1256 8.Require each visitor to wear a visitor pass at all times 1257 while on the premises. 1258 9.Implement an alcohol and drug-free workplace policy. 1259 10.Report to a local law enforcement agency within 24 1260 hours after the MMTC medical marijuana treatment center is 1261 notified or becomes aware of the theft, diversion, or loss of 1262 marijuana. 1263 (f)Transportation licenses; vehicle permits. 1264 1.A registered MMTC may apply for a transportation 1265 license. When applying, the MMTC must provide the department 1266 with, at a minimum, all of the following: 1267 a.The physical address of the MMTCs place of business. 1268 b.Proof that the MMTC has a documentation system in 1269 accordance with the required seed-to-sale tracking system, 1270 including transportation manifests, for transporting marijuana 1271 between licensed facilities and to qualified patients. 1272 Transportation manifests may be electronically stored and 1273 presented. 1274 c.Proof of the MMTCs compliance with health and 1275 sanitation standards for the transportation of marijuana. 1276 d.Proof that all marijuana transported between licensed 1277 facilities will be transported in tamper-evident shipping 1278 containers. 1279 2.An MMTC with a transportation license may not transport 1280 marijuana on the property of an airport, a seaport, a spaceport, 1281 or any property of the Federal Government. 1282 3.An MMTC with a transportation license may transport 1283 marijuana and marijuana delivery devices only in a vehicle that 1284 is owned or leased by the MMTC or the MMTCs contractor and for 1285 which a valid vehicle permit has been issued by the department. 1286 4. An MMTC with a transportation license may obtain a 1287 vehicle permit upon submission of an application. The MMTC shall 1288 designate as the driver for each permitted vehicle an employee 1289 or contracted employee who is registered with the department and 1290 who is authorized to possess marijuana when not on the property 1291 of the MMTC. Such designation must be displayed in the vehicle 1292 at all times. Each permitted vehicle must be GPS-monitored. A 1293 vehicle permit remains valid and does not expire unless the MMTC 1294 or its contractor disposes of the permitted vehicle or the 1295 MMTCs registration or transportation license is transferred, 1296 canceled, not renewed, or revoked by the department. The 1297 department shall cancel a vehicle permit upon the request of the 1298 MMTC or its contractor. 1299 5. When transporting marijuana, a permitted vehicle is 1300 subject to inspection and search without a search warrant by 1301 authorized employees of the department, sheriffs, deputy 1302 sheriffs, police officers, or other law enforcement officers to 1303 determine that the MMTC is operating in compliance with this 1304 section. 1305 6.An MMTC with a transportation license may deliver, or 1306 contract for the delivery of, marijuana and marijuana delivery 1307 devices to other MMTCs within this state, to qualified patients 1308 and caregivers within this state, and to adults 21 years of age 1309 or older within this state. A county or municipality may not 1310 prohibit deliveries of marijuana or marijuana delivery devices 1311 to qualified patients or caregivers within the county or 1312 municipality. Deliveries may be made only to the qualified 1313 patient who placed the order or his or her caregiver. When 1314 delivering to a qualified patient or caregiver, an MMTC or its 1315 contractor shall verify the identity of the qualified patient 1316 upon placement of the delivery order and, again, upon delivery. 1317 When delivering marijuana to an adult 21 years of age or older, 1318 an MMTC or its contractor shall verify the age of the buyer upon 1319 placement of the order and, again, upon delivery. In order to 1320 verify the age of the buyer, the MMTC must determine that the 1321 appearance of the buyer is such that a prudent person would 1322 believe the buyer to be 21 years of age or older or must 1323 carefully check the buyers driver license, identification card 1324 issued by this state or another state of the United States, 1325 passport, or United States Armed Services identification card to 1326 determine the buyers age. The department shall adopt rules 1327 specific to the delivery of marijuana which include both of the 1328 following: 1329 a.Procedures for verifying the age and identity of the 1330 person placing the order for and receiving a delivery, as 1331 appropriate, including required training for delivery personnel. 1332 b.A maximum dispensary value for all marijuana and 1333 currency that may be in the possession of a registered MMTC 1334 employee or contractor while he or she makes a delivery. The 1335 maximum value established by rule may not be less than $5,000. 1336 7.Licensees under this subsection may use contractors to 1337 assist with the transportation of marijuana. A licensee is 1338 ultimately responsible for all of the actions and operations of 1339 each contractor relating to the transportation of marijuana and 1340 must know the location of all marijuana products at all times. 1341 To participate in the operations of a licensee under this 1342 subsection, a principal or employee of a contractor contracted 1343 by the licensee must first register with the department under 1344 subsection (9) and be issued an MMTC employee identification 1345 card. 1346 (g)Facility permits. 1347 1.Before cultivating, processing, dispensing, or storing 1348 marijuana at any location, an MMTC shall apply to the department 1349 for the applicable facility permit for that location. The 1350 department shall adopt by rule an application form. Upon 1351 receiving a request for a permit from a licensee, the department 1352 shall inspect the facility for compliance with this section and 1353 rules adopted hereunder and, upon a determination of compliance, 1354 shall issue a permit to the facility. The department shall issue 1355 or deny a facility permit within 30 days after receiving the 1356 request for the permit. 1357 2.A facility permit expires 2 years after the date it is 1358 issued. Each facility must be inspected by the department for 1359 compliance with this section and department rules before the 1360 facilitys permit is renewed. 1361 3.If a facility permit expires or is suspended or revoked, 1362 the MMTC must cease all applicable operations at that facility 1363 until the department inspects the facility and renews or 1364 reinstates the facilitys permit. 1365 4.Cultivation facilities and processing facilities: 1366 a.Shall maintain insurance with at least $1 million of 1367 hazard and liability insurance per location; and 1368 b.Must be secure, closed to the public, and, unless an 1369 ordinance allows the facility to be located closer, located at 1370 least 1,000 feet away from any existing public or private 1371 elementary or secondary school, child care facility as defined 1372 in s. 402.302, or licensed service provider offering substance 1373 abuse services. 1374 5.All matters regarding the permitting and regulation of 1375 cultivation facilities and processing facilities, including the 1376 location of such facilities, are preempted to the state. 1377 6.Dispensing facilities and storage facilities: 1378 a.Shall maintain insurance with at least $500,000 of 1379 hazard and liability insurance for each facility where marijuana 1380 is dispensed or stored; and 1381 b.Unless an ordinance allows the facility to be located 1382 closer, must be located at least 1,000 feet away from any 1383 existing public or private elementary or secondary school, child 1384 care facility as defined in s. 402.302, or licensed service 1385 provider offering substance abuse services. 1386 7.The governing body of a county or municipality, by 1387 ordinance, may prohibit or limit the number of dispensing 1388 facilities located within its jurisdiction but may not prohibit 1389 an MMTC with a retail license or its permitted storage facility 1390 from being located within its jurisdiction if the licensee is 1391 delivering or contracting to deliver marijuana to qualified 1392 patients within that jurisdiction. The department may not issue 1393 a facility permit for a dispensing facility in a county or 1394 municipality in which the board of county commissioners or other 1395 local governing body, as applicable, has adopted such an 1396 ordinance. A county or municipality may not require, request, or 1397 accept financial contributions or similar benefits from MMTCs, 1398 but, in addition to other taxes authorized by law, a county or 1399 municipality may levy a local business tax on a dispensing 1400 facility. An ordinance adopted by a municipality or county 1401 pursuant to this paragraph may not do any of the following: 1402 a.Provide exclusive access to one or several individuals 1403 or entities to operate dispensing facilities within the 1404 jurisdiction. 1405 b.Prohibit specific individuals or entities from operating 1406 a dispensing facility within the jurisdiction if the ordinance 1407 allows dispensing facilities to operate in the jurisdiction. 1408 c.Prohibit the delivery of marijuana within the 1409 jurisdiction by a properly licensed MMTC located within the 1410 jurisdiction. 1411 8.The department may adopt by rule additional requirements 1412 for the permitting of cultivation, processing, dispensing, and 1413 storage facilities to ensure the sanitary, safe, and secure 1414 cultivation, processing, dispensing, storage, and sale of 1415 marijuana. 1416 To ensure the safe transport of marijuana and marijuana 1417 delivery devices to medical marijuana treatment centers, 1418 marijuana testing laboratories, or qualified patients, a medical 1419 marijuana treatment center must: 1420 1.Maintain a marijuana transportation manifest in any 1421 vehicle transporting marijuana. The marijuana transportation 1422 manifest must be generated from a medical marijuana treatment 1423 centers seed-to-sale tracking system and include the: 1424 a.Departure date and approximate time of departure. 1425 b.Name, location address, and license number of the 1426 originating medical marijuana treatment center. 1427 c.Name and address of the recipient of the delivery. 1428 d.Quantity and form of any marijuana or marijuana delivery 1429 device being transported. 1430 e.Arrival date and estimated time of arrival. 1431 f.Delivery vehicle make and model and license plate 1432 number. 1433 g.Name and signature of the medical marijuana treatment 1434 center employees delivering the product. 1435 (I)A copy of the marijuana transportation manifest must be 1436 provided to each individual, medical marijuana treatment center, 1437 or marijuana testing laboratory that receives a delivery. The 1438 individual, or a representative of the center or laboratory, 1439 must sign a copy of the marijuana transportation manifest 1440 acknowledging receipt. 1441 (II)An individual transporting marijuana or a marijuana 1442 delivery device must present a copy of the relevant marijuana 1443 transportation manifest and his or her employee identification 1444 card to a law enforcement officer upon request. 1445 (III)Medical marijuana treatment centers and marijuana 1446 testing laboratories must retain copies of all marijuana 1447 transportation manifests for at least 3 years. 1448 2.Ensure only vehicles in good working order are used to 1449 transport marijuana. 1450 3.Lock marijuana and marijuana delivery devices in a 1451 separate compartment or container within the vehicle. 1452 4.Require employees to have possession of their employee 1453 identification card at all times when transporting marijuana or 1454 marijuana delivery devices. 1455 5.Require at least two persons to be in a vehicle 1456 transporting marijuana or marijuana delivery devices, and 1457 require at least one person to remain in the vehicle while the 1458 marijuana or marijuana delivery device is being delivered. 1459 6.Provide specific safety and security training to 1460 employees transporting or delivering marijuana and marijuana 1461 delivery devices. 1462 (h)Advertising.An MMTC A medical marijuana treatment 1463 center may not engage in advertising that is visible to members 1464 of the public from any street, sidewalk, park, or other public 1465 place, except: 1466 1.An MMTC dispensing facility The dispensing location of A 1467 medical marijuana treatment center may have a sign that is 1468 affixed to the outside or hanging in the window of the premises 1469 which identifies the dispensing facility dispensary by the 1470 licensees business name, a department-approved trade name, or a 1471 department-approved logo. An MMTCs A medical marijuana 1472 treatment centers trade name and logo may not contain wording 1473 or images commonly associated with marketing targeted toward 1474 children or which promote recreational use of marijuana. 1475 2.An MMTC A medical marijuana treatment center may engage 1476 in Internet advertising and marketing under the following 1477 conditions: 1478 a.All advertisements must be approved by the department. 1479 b.An advertisement may not have any content that 1480 specifically targets individuals under the age of 18, including 1481 cartoon characters or similar images. 1482 c.An advertisement may not be an unsolicited pop-up 1483 advertisement. 1484 d.Opt-in marketing must include an easy and permanent opt 1485 out feature. 1486 (i)Online retail catalogs.Each retail MMTC medical 1487 marijuana treatment center that dispenses marijuana and 1488 marijuana delivery devices shall make all of the following 1489 available to the public on its website: 1490 1.Each marijuana and low-THC product available for 1491 purchase, including the form, strain of marijuana from which it 1492 was extracted, cannabidiol content, tetrahydrocannabinol 1493 content, dose unit, total number of doses available, and the 1494 ratio of cannabidiol to tetrahydrocannabinol for each product. 1495 2.The price for a 30-day, 50-day, and 70-day supply at a 1496 standard dose for each marijuana and low-THC product available 1497 for purchase. 1498 3.The price for each marijuana delivery device available 1499 for purchase. 1500 4.If applicable, any discount policies and eligibility 1501 criteria for such discounts. 1502 (j)Sourcing of marijuana for medical use.MMTCs Medical 1503 marijuana treatment centers are the sole source from which a 1504 person qualified patient may legally obtain marijuana. 1505 (k)Rulemaking.The department may adopt rules pursuant to 1506 ss. 120.536(1) and 120.54 to implement this subsection. 1507 (9)MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL; 1508 REGISTRATION; EMPLOYEE IDENTIFICATION CARDS. 1509 (a)The department shall adopt rules to administer the 1510 registration of medical marijuana treatment center (MMTC) 1511 principals, employees, and contractors who participate in the 1512 operations of an MMTC. Before hiring or contracting with any 1513 individual who is not registered with the department or who does 1514 not possess a current MMTC employee identification card, an MMTC 1515 must apply to the department to register that person as an MMTC 1516 employee. The department shall adopt by rule a form for such 1517 applications for registration, which must require the applicant 1518 to provide all of the following: 1519 1.His or her full legal name, social security number, date 1520 of birth, and home address. 1521 2.A full-face, passport-type, color photograph of the 1522 applicant taken within 90 days immediately preceding submission 1523 of the application. 1524 3.Proof that he or she has passed a level 2 background 1525 screening pursuant to chapter 435 within the previous year. 1526 4.An indication as to whether the applicant will be 1527 authorized by the MMTC to possess marijuana while not on MMTC 1528 property. 1529 (b)Once the department has received a completed 1530 application form from an MMTC, the department shall register the 1531 principal, employee, or contractor associated with the MMTC and 1532 issue him or her an MMTC employee identification card that, at a 1533 minimum, includes all of the following: 1534 1.The employees name and the name of the MMTC that 1535 employs him or her. 1536 2.The employees photograph, as required under paragraph 1537 (a). 1538 3.The expiration date of the card, which must be 1 year 1539 after the date it is issued. 1540 4.An indication of whether the employee is authorized by 1541 the MMTC to possess marijuana while not on MMTC property. 1542 (c)If any information provided to the department for the 1543 registration of an MMTC principal, employee, or contractor or in 1544 the application for an MMTC employee identification card 1545 changes, or if the registered persons employment status with 1546 the MMTC changes, the registered person and the MMTC must 1547 provide the department with the new information or status within 1548 7 days after the change. 1549 (d)The department may contract with one or more vendors 1550 for the purpose of issuing MMTC employee identification cards 1551 under this subsection. 1552 BACKGROUND SCREENING.An individual required to undergo a 1553 background screening pursuant to this section must pass a level 1554 2 background screening as provided under chapter 435, which, in 1555 addition to the disqualifying offenses provided in s. 435.04, 1556 shall exclude an individual who has an arrest awaiting final 1557 disposition for, has been found guilty of, regardless of 1558 adjudication, or has entered a plea of nolo contendere or guilty 1559 to an offense under chapter 837, chapter 895, or chapter 896 or 1560 similar law of another jurisdiction. 1561 (a)Such individual must submit a full set of fingerprints 1562 to the department or to a vendor, entity, or agency authorized 1563 by s. 943.053(13). The department, vendor, entity, or agency 1564 shall forward the fingerprints to the Department of Law 1565 Enforcement for state processing, and the Department of Law 1566 Enforcement shall forward the fingerprints to the Federal Bureau 1567 of Investigation for national processing. 1568 (b)Fees for state and federal fingerprint processing and 1569 retention shall be borne by the individual. The state cost for 1570 fingerprint processing shall be as provided in s. 943.053(3)(e) 1571 for records provided to persons or entities other than those 1572 specified as exceptions therein. 1573 (c)Fingerprints submitted to the Department of Law 1574 Enforcement pursuant to this subsection shall be retained by the 1575 Department of Law Enforcement as provided in s. 943.05(2)(g) and 1576 (h) and, when the Department of Law Enforcement begins 1577 participation in the program, enrolled in the Federal Bureau of 1578 Investigations national retained print arrest notification 1579 program. Any arrest record identified shall be reported to the 1580 department. 1581 (10)MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; 1582 ADMINISTRATIVE ACTIONS. 1583 (a)The department shall conduct announced or unannounced 1584 inspections of medical marijuana treatment centers to determine 1585 compliance with this section or rules adopted pursuant to this 1586 section. 1587 (b)The department shall inspect a medical marijuana 1588 treatment center Upon receiving a complaint or notice that a the 1589 medical marijuana treatment center (MMTC) has dispensed 1590 marijuana containing mold, bacteria, or any other contaminant 1591 that may cause or has caused an adverse effect to human health 1592 or the environment, the department shall inspect the MMTC, its 1593 facilities, and, as appropriate, any cultivation or processing 1594 facility of the MMTC from which the batch of marijuana was 1595 purchased. 1596 (b)(c)The department shall conduct at least a biennial 1597 inspection of each MMTC medical marijuana treatment center to 1598 evaluate its the medical marijuana treatment centers records, 1599 personnel, equipment, processes, security measures, sanitation 1600 practices, and quality assurance practices. 1601 (c)The department shall conduct at least a biennial 1602 inspection of each permitted facility. The department may 1603 conduct additional announced or unannounced inspections of a 1604 permitted facility within reasonable hours in order to ensure 1605 compliance with this section and rules adopted hereunder. 1606 (d)The Department of Agriculture and Consumer Services and 1607 the department shall enter into an interagency agreement to 1608 ensure cooperation and coordination in the performance of their 1609 obligations under this section and their respective regulatory 1610 and authorizing laws. The department, the Department of Highway 1611 Safety and Motor Vehicles, and the Department of Law Enforcement 1612 may enter into interagency agreements for the purposes specified 1613 in this subsection or subsection (7). 1614 (e)The department shall publish a list of all approved 1615 MMTCs medical marijuana treatment centers, medical directors, 1616 and qualified physicians on its website. 1617 (f)The department may impose administrative penalties, 1618 including reasonable fines not to exceed $10,000, on an MMTC a 1619 medical marijuana treatment center for any of the following 1620 violations: 1621 1.Violating this section or department rule. 1622 2.Failing to maintain qualifications for approval. 1623 3.Endangering the health, safety, or security of a 1624 qualified patient or an adult purchasing marijuana pursuant to 1625 s. 381.990. 1626 4.Improperly disclosing personal and confidential 1627 information of the qualified patient. 1628 5.Attempting to procure MMTC medical marijuana treatment 1629 center approval by bribery, fraudulent misrepresentation, or 1630 extortion. 1631 6.Being convicted or found guilty of, or entering a plea 1632 of guilty or nolo contendere to, regardless of adjudication, a 1633 crime in any jurisdiction which directly relates to the business 1634 of an MMTC a medical marijuana treatment center. 1635 7.Making or filing a report or record that the MMTC 1636 medical marijuana treatment center knows to be false. 1637 8.Willfully failing to maintain a record required by this 1638 section or department rule. 1639 9.Willfully impeding or obstructing an employee or agent 1640 of the department in the furtherance of his or her official 1641 duties. 1642 10.Engaging in fraud or deceit, negligence, incompetence, 1643 or misconduct in the business practices of an MMTC a medical 1644 marijuana treatment center. 1645 11.Making misleading, deceptive, or fraudulent 1646 representations in or related to the business practices of an 1647 MMTC a medical marijuana treatment center. 1648 12.Having a license or the authority to engage in any 1649 regulated profession, occupation, or business that is related to 1650 the business practices of an MMTC a medical marijuana treatment 1651 center suspended, revoked, or otherwise acted against by the 1652 licensing authority of any jurisdiction, including its agencies 1653 or subdivisions, for a violation that would constitute a 1654 violation under Florida law. 1655 13.Violating a lawful order of the department or an agency 1656 of the state, or failing to comply with a lawfully issued 1657 subpoena of the department or an agency of the state. 1658 14.Failing to adequately determine the age of a buyer who 1659 is not a qualified patient or caregiver. 1660 (g)The department may suspend, revoke, or refuse to renew 1661 an MMTCs registration, operating licenses, and any vehicle 1662 permits or facility permits a medical marijuana treatment center 1663 license if the MMTC medical marijuana treatment center commits 1664 any of the violations specified in paragraph (f). 1665 (h)The department shall refuse to renew the cultivation, 1666 processing, retail, or transportation license of an MMTC that 1667 has not begun to cultivate, process, dispense, or transport 1668 marijuana, as applicable, by the date that the MMTC is required 1669 to renew such license. 1670 (i)(h)The department may adopt rules pursuant to ss. 1671 120.536(1) and 120.54 to implement this subsection. 1672 (11)PREEMPTION.Regulation of cultivation, processing, and 1673 delivery of marijuana by medical marijuana treatment centers 1674 (MMTCs) is preempted to the state except as provided in this 1675 subsection. 1676 (a)An MMTC A medical marijuana treatment center 1677 cultivating or processing facility may not be located within 500 1678 feet of the real property that comprises a public or private 1679 elementary school, middle school, or secondary school. 1680 (b)1.A county or municipality may, by ordinance, ban MMTC 1681 medical marijuana treatment center dispensing facilities from 1682 being located within the boundaries of that county or 1683 municipality. A county or municipality that does not ban 1684 dispensing facilities under this subparagraph may not place 1685 specific limits, by ordinance, on the number of dispensing 1686 facilities that may locate within that county or municipality. 1687 2.A municipality may determine by ordinance the criteria 1688 for the location of, and other permitting requirements that do 1689 not conflict with state law or department rule for, MMTC medical 1690 marijuana treatment center dispensing facilities located within 1691 the boundaries of that municipality. A county may determine by 1692 ordinance the criteria for the location of, and other permitting 1693 requirements that do not conflict with state law or department 1694 rule for, all such dispensing facilities located within the 1695 unincorporated areas of that county. Except as provided in 1696 paragraph (c), a county or municipality may not enact ordinances 1697 for permitting or for determining the location of dispensing 1698 facilities which are more restrictive than its ordinances 1699 permitting or determining the locations for pharmacies licensed 1700 under chapter 465. A municipality or county may not charge an 1701 MMTC a medical marijuana treatment center a license or permit 1702 fee in an amount greater than the fee charged by such 1703 municipality or county to pharmacies. A dispensing facility 1704 location approved by a municipality or county pursuant to former 1705 s. 381.986(8)(b), Florida Statutes 2016, is not subject to the 1706 location requirements of this subsection. 1707 (c)An MMTC A medical marijuana treatment center dispensing 1708 facility may not be located within 500 feet of the real property 1709 that comprises a public or private elementary school, middle 1710 school, or secondary school unless the county or municipality 1711 approves the location through a formal proceeding open to the 1712 public at which the county or municipality determines that the 1713 location promotes the public health, safety, and general welfare 1714 of the community. 1715 (d)This subsection does not prohibit any local 1716 jurisdiction from ensuring that MMTC medical marijuana treatment 1717 center facilities comply with the Florida Building Code, the 1718 Florida Fire Prevention Code, or any local amendments to the 1719 Florida Building Code or the Florida Fire Prevention Code. 1720 (12)PENALTIES. 1721 (a)A qualified physician commits a misdemeanor of the 1722 first degree, punishable as provided in s. 775.082 or s. 1723 775.083, if he or she the qualified physician issues a physician 1724 certification for the medical use of marijuana for a patient 1725 without a reasonable belief that the patient is suffering from a 1726 qualifying medical condition. 1727 (b)A person who fraudulently represents that he or she has 1728 a qualifying medical condition to a qualified physician for the 1729 purpose of being issued a physician certification commits a 1730 misdemeanor of the first degree, punishable as provided in s. 1731 775.082 or s. 775.083. 1732 (c)1.A person qualified patient who uses marijuana, not 1733 including low-THC cannabis, or a caregiver who administers 1734 marijuana, not including low-THC cannabis, in plain view of or 1735 in a place open to the general public is subject to a civil fine 1736 not exceeding $100. 1737 2.A person who uses marijuana, not including low-THC 1738 cannabis,; in a school bus, a moving vehicle, or an aircraft, or 1739 a boat; or on the grounds of a school except as provided in s. 1740 1006.062, commits a misdemeanor of the first degree, punishable 1741 as provided in s. 775.082 or s. 775.083. 1742 (d)A person qualified patient or caregiver who cultivates 1743 marijuana or who purchases or acquires marijuana from any person 1744 or entity other than a medical marijuana treatment center (MMTC) 1745 violates s. 893.13 and is subject to the penalties provided 1746 therein. 1747 (e)1.A qualified patient or caregiver in possession of 1748 marijuana or a marijuana delivery device who fails or refuses to 1749 present his or her marijuana use registry identification card 1750 upon the request of a law enforcement officer commits a 1751 misdemeanor of the second degree, punishable as provided in s. 1752 775.082 or s. 775.083, unless it can be determined through the 1753 medical marijuana use registry that the person is authorized to 1754 be in possession of that marijuana or marijuana delivery device. 1755 2.A person charged with a violation of this paragraph may 1756 not be convicted if, before or at the time of his or her court 1757 or hearing appearance, the person produces in court or to the 1758 clerk of the court in which the charge is pending a medical 1759 marijuana use registry identification card issued to him or her 1760 which is valid at the time of his or her arrest. The clerk of 1761 the court is authorized to dismiss such case at any time before 1762 the defendants appearance in court. The clerk of the court may 1763 assess a fee of $5 for dismissing the case under this paragraph. 1764 (f)A caregiver who violates any of the applicable 1765 provisions of this section or applicable department rules, for 1766 the first offense, commits a misdemeanor of the second degree, 1767 punishable as provided in s. 775.082 or s. 775.083 and, for a 1768 second or subsequent offense, commits a misdemeanor of the first 1769 degree, punishable as provided in s. 775.082 or s. 775.083. 1770 (f)(g)A qualified physician who issues a physician 1771 certification for marijuana or a marijuana delivery device and 1772 receives compensation from an MMTC a medical marijuana treatment 1773 center related to the issuance of a physician certification for 1774 marijuana or a marijuana delivery device is subject to 1775 disciplinary action under the applicable practice act and s. 1776 456.072(1)(n). 1777 (g)(h)A person transporting marijuana or marijuana 1778 delivery devices on behalf of an MMTC a medical marijuana 1779 treatment center or a marijuana testing laboratory who fails or 1780 refuses to present a transportation manifest, whether in paper 1781 or electronic format, upon the request of a law enforcement 1782 officer commits a misdemeanor of the second degree, punishable 1783 as provided in s. 775.082 or s. 775.083. 1784 (h)(i)Persons and entities conducting activities 1785 authorized and governed by this section and s. 381.988 are 1786 subject to ss. 456.053, 456.054, and 817.505, as applicable. 1787 (i)(j)A person or entity that cultivates, processes, 1788 distributes, sells, or dispenses marijuana, as defined in s. 1789 29(b)(4), Art. X of the State Constitution, and is not licensed 1790 as an MMTC a medical marijuana treatment center violates s. 1791 893.13 and is subject to the penalties provided therein. This 1792 paragraph does not apply to a transfer of marijuana products or 1793 marijuana which is authorized by this section, s. 381.990, or s. 1794 893.13. 1795 (j)(k)A person who manufactures, distributes, sells, 1796 gives, or possesses with the intent to manufacture, distribute, 1797 sell, or give marijuana or a marijuana delivery device that he 1798 or she holds out to have originated from a licensed MMTC medical 1799 marijuana treatment center but that is counterfeit commits a 1800 felony of the third degree, punishable as provided in s. 1801 775.082, s. 775.083, or s. 775.084. For the purposes of this 1802 paragraph, the term counterfeit means marijuana; a marijuana 1803 delivery device; or a marijuana or marijuana delivery device 1804 container, seal, or label which, without authorization, bears 1805 the trademark, trade name, or other identifying mark, imprint, 1806 or device, or any likeness thereof, of a licensed MMTC medical 1807 marijuana treatment center and which thereby falsely purports or 1808 is represented to be the product of, or to have been distributed 1809 by, that licensed MMTC medical marijuana treatment facility. 1810 (k)(l)Any person who possesses or manufactures a blank, 1811 forged, stolen, fictitious, fraudulent, counterfeit, or 1812 otherwise unlawfully issued medical marijuana use registry 1813 identification card commits a felony of the third degree, 1814 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1815 (14)EXCEPTIONS TO OTHER LAWS. 1816 (a)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1817 any other provision of law, but subject to the requirements of 1818 this section, a qualified patient and the qualified patients 1819 caregiver may purchase from a medical marijuana treatment center 1820 (MMTC) for the patients medical use a marijuana delivery device 1821 and up to the amount of marijuana authorized in the physician 1822 certification, but may not possess more than a 70-day supply of 1823 marijuana, or the greater of 4 ounces of marijuana in a form for 1824 smoking or an amount of marijuana in a form for smoking approved 1825 by the department pursuant to paragraph (4)(f), at any given 1826 time and all marijuana purchased must remain in its original 1827 packaging. 1828 (b)Notwithstanding paragraph (a), s. 893.13, s. 893.135, 1829 s. 893.147, or any other provision of law, a qualified patient 1830 and the qualified patients caregiver may purchase and possess a 1831 marijuana delivery device intended for the medical use of 1832 marijuana by smoking from a vendor other than an MMTC a medical 1833 marijuana treatment center. 1834 (c)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1835 any other provision of law, but subject to the requirements of 1836 this section, an approved MMTC medical marijuana treatment 1837 center and its owners, managers, and employees may manufacture, 1838 possess, sell, deliver, distribute, dispense, and lawfully 1839 dispose of marijuana or a marijuana delivery device as provided 1840 in this section, s. 381.988, s. 381.990, and by department rule. 1841 For the purposes of this subsection, the terms manufacture, 1842 possession, deliver, distribute, and dispense have the 1843 same meanings as provided in s. 893.02. 1844 (e)A licensed MMTC medical marijuana treatment center and 1845 its owners, managers, and employees are not subject to licensure 1846 or regulation under chapter 465 or chapter 499 for 1847 manufacturing, possessing, selling, delivering, distributing, 1848 dispensing, or lawfully disposing of marijuana or a marijuana 1849 delivery device, as provided in this section, in s. 381.988, and 1850 by department rule. 1851 (17)Rules adopted pursuant to this section before July 1, 1852 2021, are not subject to ss. 120.54(3)(b) and 120.541. This 1853 subsection expires July 1, 2021. 1854 Section 3.Section 381.990, Florida Statutes, is created to 1855 read: 1856 381.990Adult use of marijuana. 1857 (1)A person 21 years of age or older may purchase in a 1858 single transaction marijuana products containing up to 2,000 1859 milligrams of tetrahydrocannabinol; up to 2.5 ounces of 1860 marijuana in a form for smoking; and one or more marijuana 1861 delivery devices, as defined in s. 381.986, provided that such 1862 marijuana products, marijuana in a form for smoking, and 1863 marijuana delivery devices are purchased from a medical 1864 marijuana treatment center (MMTC) that is licensed by the 1865 department pursuant to s. 381.986 for the retail sale of 1866 marijuana and is registered by the Department of Business and 1867 Professional Regulation for the sale of marijuana for adult use. 1868 A violation of this subsection is punishable as provided in s. 1869 893.13. 1870 (2)A person who purchases marijuana products, marijuana in 1871 a form for smoking, or marijuana delivery devices in accordance 1872 with subsection (1) may possess, use, transport, and transfer, 1873 without consideration, to a person 21 years of age or older such 1874 products or devices. However, a person may not at any time 1875 possess marijuana products that contain, in total, more than 1876 2,000 milligrams of tetrahydrocannabinol or more than 4.0 ounces 1877 of marijuana in a form for smoking. A violation of this 1878 subsection is punishable as provided in s. 893.13. 1879 (3)This section does not limit the ability of a private 1880 property owner to restrict the smoking or vaping of marijuana on 1881 his or her private property; however, a landlord may not prevent 1882 his or her tenants from possessing or using marijuana by other 1883 means. 1884 (4)This section does not exempt a person from prosecution 1885 for a criminal offense related to impairment or intoxication 1886 resulting from the use of marijuana or relieve a person from any 1887 requirement under law to submit to a breath, blood, or urine 1888 test or any other test to detect the presence of a controlled 1889 substance. 1890 Section 4.Effective July 1, 2022, the Department of 1891 Agriculture and Consumer Services shall conduct a study on the 1892 potential harms and benefits of allowing the cultivation of 1893 marijuana by members of the public for private use, including 1894 the use of a cooperative model. The department shall report the 1895 results of the study to the Governor, the President of the 1896 Senate, and the Speaker of the House of Representatives by 1897 January 1, 2023. 1898 Section 5.Subsection (3) and paragraphs (a) and (b) of 1899 subsection (6) of section 893.13, Florida Statutes, are amended 1900 to read: 1901 893.13Prohibited acts; penalties. 1902 (3)(a)A person 21 years of age or older may deliver, 1903 without consideration, to another person 21 years of age or 1904 older: 1905 1.Marijuana products that contain a total of 2,000 1906 milligrams or less of tetrahydrocannabinol; and 1907 2.A quantity of 2.5 ounces or less of cannabis, as defined 1908 in this chapter. 1909 (b)A person younger than 21 years of age who delivers, 1910 without consideration, to another person marijuana products that 1911 contain a total of 2,000 milligrams or less of 1912 tetrahydrocannabinol or a quantity of 2.5 ounces or less of 1913 cannabis, as defined in this chapter, commits a misdemeanor of 1914 the second degree, punishable as provided in s. 775.082 or s. 1915 775.083, for a first conviction of a violation of this paragraph 1916 and commits a misdemeanor of the first degree, punishable as 1917 provided in s. 775.082 or s. 775.083, for a second or subsequent 1918 conviction of a violation of this paragraph who delivers, 1919 without consideration, 20 grams or less of cannabis, as defined 1920 in this chapter, commits a misdemeanor of the first degree, 1921 punishable as provided in s. 775.082 or s. 775.083. As used in 1922 this subsection, the term cannabis does not include the resin 1923 extracted from the plants of the genus Cannabis or any compound 1924 manufacture, salt, derivative, mixture, or preparation of such 1925 resin. 1926 (6)(a)Except as otherwise provided in this subsection, a 1927 person may not be in actual or constructive possession of a 1928 controlled substance unless such controlled substance was 1929 lawfully obtained from a practitioner or pursuant to a valid 1930 prescription or order of a practitioner while acting in the 1931 course of his or her professional practice or to be in actual or 1932 constructive possession of a controlled substance except as 1933 otherwise authorized by this chapter. A person who violates this 1934 provision commits a felony of the third degree, punishable as 1935 provided in s. 775.082, s. 775.083, or s. 775.084. 1936 (b)1.A person 21 years of age or older may possess 1937 marijuana products that contain a total of 2,000 milligrams or 1938 less of tetrahydrocannabinol and may possess 4.0 ounces or less 1939 of cannabis, as defined in this chapter If the offense is the 1940 possession of 20 grams or less of cannabis, as defined in this 1941 chapter, the person commits a misdemeanor of the first degree, 1942 punishable as provided in s. 775.082 or s. 775.083. As used in 1943 this subsection, the term cannabis does not include the resin 1944 extracted from the plants of the genus Cannabis, or any compound 1945 manufacture, salt, derivative, mixture, or preparation of such 1946 resin. 1947 2.A person under 21 years of age who possesses marijuana 1948 products that contain a total of 2,000 milligrams or less of 1949 tetrahydrocannabinol or who possesses 4.0 ounces or less of 1950 cannabis, as defined in this chapter, commits a misdemeanor of 1951 the second degree, punishable as provided in s. 775.082 or s. 1952 775.083, for a first conviction of a violation of this paragraph 1953 and a misdemeanor of the first degree, punishable as provided in 1954 s. 775.082 or s. 775.083, for a second or subsequent conviction 1955 of a violation of this paragraph. 1956 Section 6.Section 893.1352, Florida Statutes, is created 1957 to read: 1958 893.1352Retroactive application of s. 893.13. 1959 (1)It is the intent of the Legislature to retroactively 1960 apply amendments to s. 893.13 to certain persons who were 1961 convicted of possession of cannabis before January 1, 2023. 1962 (2)As used in this section, a reference to former s. 1963 893.13, Florida Statutes 2022, is a reference to s. 893.13 as 1964 it existed at any time before January 1, 2023. 1965 (3)(a)A person who was convicted of a violation of former 1966 s. 893.13, Florida Statutes 2022, for possessing 4.0 ounces or 1967 less of cannabis as defined in chapter 893, but was not 1968 sentenced under that section before January 1, 2023, must be 1969 sentenced in accordance with s. 775.082, s. 775.083, or s. 1970 775.084 for the degree of offense provided in s. 893.13. 1971 (b)A person who was convicted of a violation of former s. 1972 893.13, Florida Statutes 2022, for possessing 4.0 ounces or less 1973 of cannabis as defined in chapter 893, who was sentenced before 1974 January 1, 2023, to a term of imprisonment or probation pursuant 1975 to former s. 893.13, Florida Statutes 2022, and who is serving 1976 the term of imprisonment or probation on or after January 1, 1977 2023, must have an opportunity for a sentence review hearing. If 1978 the person requests a sentence review hearing, he or she must be 1979 resentenced in accordance with paragraph (c). 1980 (c)Resentencing under this section must occur in the 1981 following manner: 1982 1.The Department of Corrections shall notify the person 1983 described in paragraph (b) of his or her eligibility to request 1984 a sentence review hearing. 1985 2.A person seeking sentence review under this section may 1986 submit an application to the court of original jurisdiction 1987 requesting that a sentence review hearing be held. The 1988 sentencing court retains original jurisdiction for the duration 1989 of the sentence for the purpose of this review. 1990 3.A person who is eligible for a sentence review hearing 1991 under this section is entitled to representation by legal 1992 counsel. If the person is indigent and unable to employ counsel, 1993 the court shall appoint counsel under s. 27.52. Determination of 1994 indigence and costs of representation is as provided in ss. 1995 27.52 and 938.29. 1996 4.Upon receipt of a request for a sentence review hearing, 1997 the court of original jurisdiction shall hold such a hearing to 1998 determine if the person meets the criteria for resentencing 1999 under this section. If the court determines by a preponderance 2000 of the evidence that the person is currently serving a sentence 2001 for a violation of former s. 893.13, Florida Statutes 2022, and 2002 that the violation was for possession of cannabis in the amount 2003 of 4.0 ounces or less, the court shall resentence the person in 2004 accordance with this section. If the court determines that the 2005 person does not meet the criteria for resentencing under this 2006 section, the court must provide written findings as to why the 2007 person does not meet the criteria. 2008 5.If the court finds that the underlying facts of a 2009 conviction that is subject to resentencing are classified as a 2010 crime under s. 893.13, the person must be resentenced to a term 2011 that would not exceed the maximum sentence provided by that 2012 section. The person is entitled to receive credit for his or her 2013 time served. 2014 6.If the court finds that the underlying facts of a 2015 conviction that is subject to resentencing are not classified as 2016 a crime under s. 893.13, the person must be resentenced to time 2017 served and released from supervision as soon as reasonably 2018 possible. 2019 (4)Notwithstanding any other law, a person who has been 2020 convicted of a crime under former s. 893.13, Florida Statutes 2021 2022, and whose offense would not be classified as a crime under 2022 s. 893.13, must have all fines, fees, and costs related to such 2023 conviction waived. 2024 Section 7.Present subsections (5), (6), and (7) of section 2025 893.147, Florida Statutes, are redesignated as subsections (6), 2026 (7), and (8), respectively, a new subsection (5) is added to 2027 that section, and subsections (1), (2), and (4) of that section 2028 are amended, to read: 2029 893.147Use, possession, manufacture, delivery, 2030 transportation, advertisement, or retail sale of drug 2031 paraphernalia, specified machines, and materials. 2032 (1)USE OR POSSESSION OF DRUG PARAPHERNALIA.Except as 2033 provided in subsection (5), it is unlawful for any person to 2034 use, or to possess with intent to use, drug paraphernalia: 2035 (a)To plant, propagate, cultivate, grow, harvest, 2036 manufacture, compound, convert, produce, process, prepare, test, 2037 analyze, pack, repack, store, contain, or conceal a controlled 2038 substance in violation of this chapter; or 2039 (b)To inject, ingest, inhale, or otherwise introduce into 2040 the human body a controlled substance in violation of this 2041 chapter. 2042 2043 Any person who violates this subsection is guilty of a 2044 misdemeanor of the first degree, punishable as provided in s. 2045 775.082 or s. 775.083. 2046 (2)MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.Except 2047 as provided in subsection (5), it is unlawful for any person to 2048 deliver, possess with intent to deliver, or manufacture with 2049 intent to deliver drug paraphernalia, knowing, or under 2050 circumstances where one reasonably should know, that it will be 2051 used: 2052 (a)To plant, propagate, cultivate, grow, harvest, 2053 manufacture, compound, convert, produce, process, prepare, test, 2054 analyze, pack, repack, store, contain, or conceal a controlled 2055 substance in violation of this act; or 2056 (b)To inject, ingest, inhale, or otherwise introduce into 2057 the human body a controlled substance in violation of this act. 2058 2059 Any person who violates this subsection is guilty of a felony of 2060 the third degree, punishable as provided in s. 775.082, s. 2061 775.083, or s. 775.084. 2062 (4)TRANSPORTATION OF DRUG PARAPHERNALIA.Except as 2063 provided in subsection (5), it is unlawful to use, possess with 2064 the intent to use, or manufacture with the intent to use drug 2065 paraphernalia, knowing or under circumstances in which one 2066 reasonably should know that it will be used to transport: 2067 (a)A controlled substance in violation of this chapter; or 2068 (b)Contraband as defined in s. 932.701(2)(a)1. 2069 2070 Any person who violates this subsection commits a felony of the 2071 third degree, punishable as provided in s. 775.082, s. 775.083, 2072 or s. 775.084. 2073 (5)ACTS INVOLVING A MARIJUANA DELIVERY DEVICE. 2074 (a)A person 21 years of age or older may possess, use, 2075 transport, or deliver, without consideration, to a person 21 2076 years of age or older a marijuana delivery device as defined in 2077 s. 381.986. 2078 (b)A person younger than 21 years of age who possesses, 2079 uses, transports, or delivers, without consideration, a 2080 marijuana delivery device as defined in s. 381.986 commits a 2081 misdemeanor of the second degree, punishable as provided in s. 2082 775.082 or s. 775.083 for a first conviction of a violation of 2083 this paragraph and a misdemeanor of the first degree, punishable 2084 as provided in s. 775.082 or s. 775.083, for a second or 2085 subsequent conviction of a violation of this paragraph. 2086 Section 8.Section 943.0586, Florida Statutes, is created 2087 to read: 2088 943.0586Cannabis expunction. 2089 (1)DEFINITIONS.As used in this section, the term: 2090 (a)Cannabis has the same meaning as provided in chapter 2091 893. 2092 (b)Expunction has the same meaning and effect as 2093 provided in s. 943.0585. 2094 (c)Former s. 893.13, Florida Statutes 2022, is a 2095 reference to s. 893.13 as it existed at any time before January 2096 1, 2023. 2097 (2)ELIGIBILITY.Notwithstanding any other law, a person is 2098 eligible to petition a court to expunge a criminal history 2099 record for the conviction of former s. 893.13, Florida Statutes 2100 2022, if: 2101 (a)The person received a withholding of adjudication or 2102 adjudication of guilt for a violation of former s. 893.13, 2103 Florida Statutes 2022, for the possession of cannabis; 2104 (b)The person possessed 4.0 ounces or less of cannabis; 2105 and 2106 (c)The person is no longer under court supervision related 2107 to the disposition of arrest or alleged criminal activity to 2108 which the petition to expunge pertains. 2109 (3)CERTIFICATE OF ELIGIBILITY.Before petitioning a court 2110 to expunge a criminal history record under this section, a 2111 person seeking to expunge a criminal history record must apply 2112 to the department for a certificate of eligibility for 2113 expunction. The department shall adopt rules to establish 2114 procedures for applying for and issuing a certificate of 2115 eligibility for expunction. 2116 (a)The department shall issue a certificate of eligibility 2117 for expunction to a person who is the subject of a criminal 2118 history record under this section, if that person: 2119 1.Satisfies the eligibility criteria in subsection (2); 2120 2.Has submitted to the department a written certified 2121 statement from the appropriate state attorney or statewide 2122 prosecutor which confirms the criminal history record complies 2123 with the criteria in subsection (2); and 2124 3.Has submitted to the department a certified copy of the 2125 disposition of the charge to which the petition to expunge 2126 pertains. 2127 (b)A certificate of eligibility for expunction is valid 2128 for 12 months after the date of issuance stamped by the 2129 department on the certificate. After that time, the petitioner 2130 must reapply to the department for a new certificate of 2131 eligibility. The petitioners status and the law in effect at 2132 the time of the renewal application determine the petitioners 2133 eligibility. 2134 (4)PETITION.Each petition to expunge a criminal history 2135 record must be accompanied by: 2136 (a)A valid certificate of eligibility issued by the 2137 department. 2138 (b)The petitioners sworn statement that he or she: 2139 1.Satisfies the eligibility requirements for expunction in 2140 subsection (2); and 2141 2.Is eligible for expunction to the best of his or her 2142 knowledge. 2143 (5)PENALTIES.A person who knowingly provides false 2144 information on his or her sworn statement submitted with a 2145 petition to expunge commits a felony of the third degree, 2146 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2147 (6)COURT AUTHORITY. 2148 (a)The courts of this state have jurisdiction over their 2149 own procedures, including the maintenance, expunction, and 2150 correction of judicial records containing criminal history 2151 information, to the extent that such procedures are not 2152 inconsistent with the conditions, responsibilities, and duties 2153 established by this section. 2154 (b)A court of competent jurisdiction shall order a 2155 criminal justice agency to expunge the criminal history record 2156 of a person who complies with this section. The court may not 2157 order a criminal justice agency to expunge a criminal history 2158 record under this section until the person seeking to expunge a 2159 criminal history record has applied for and received a 2160 certificate of eligibility under subsection (3). 2161 (c)Expunction granted under this section does not prevent 2162 the person who receives such relief from petitioning for the 2163 expunction or sealing of a later criminal history record as 2164 provided for in ss. 943.0583, 943.0585, and 943.059, if the 2165 person is otherwise eligible under those sections. 2166 (7)PROCESSING OF A PETITION OR AN ORDER. 2167 (a)In judicial proceedings under this section, a copy of 2168 the completed petition to expunge must be served upon the 2169 appropriate state attorney or the statewide prosecutor and upon 2170 the arresting agency; however, it is not necessary to make any 2171 agency other than the state a party. The appropriate state 2172 attorney or the statewide prosecutor and the arresting agency 2173 may respond to the court regarding the completed petition to 2174 expunge. 2175 (b)If relief is granted by the court, the clerk of the 2176 court shall certify copies of the order to the appropriate state 2177 attorney or the statewide prosecutor and the arresting agency. 2178 The arresting agency shall forward the order to any other agency 2179 to which the arresting agency disseminated the criminal history 2180 record information to which the order pertains. The department 2181 shall forward the order to expunge to the Federal Bureau of 2182 Investigation. The clerk of the court shall certify a copy of 2183 the order to any other agency that the records of the court 2184 reflect has received the criminal history record from the court. 2185 (c)The department or any other criminal justice agency is 2186 not required to act on an order to expunge entered by a court if 2187 such order does not meet the requirements of this section. Upon 2188 receipt of such an order, the department shall notify the 2189 issuing court, the appropriate state attorney or statewide 2190 prosecutor, the petitioner or the petitioners attorney, and the 2191 arresting agency of the reason for noncompliance. The 2192 appropriate state attorney or statewide prosecutor shall take 2193 action within 60 days to correct the record and petition the 2194 court to void the order. No cause of action, including contempt 2195 of court, may arise against any criminal justice agency for 2196 failure to comply with an order to expunge if the petitioner for 2197 such order failed to obtain the certificate of eligibility as 2198 required by this section or such order does not otherwise meet 2199 the requirements of this section. 2200 (8)EFFECT OF CANNABIS EXPUNCTION ORDER. 2201 (a)The person who is the subject of a criminal history 2202 record that is expunged under this section may lawfully deny or 2203 fail to acknowledge any arrest or conviction covered by the 2204 expunged record, except if the person who is the subject of the 2205 record: 2206 1.Is a candidate for employment with a criminal justice 2207 agency; 2208 2.Is a defendant in a criminal prosecution; 2209 3.Concurrently or subsequently petitions for relief under 2210 this section, s. 943.0583, s. 943.0585, or s. 943.059; 2211 4.Is a candidate for admission to The Florida Bar; 2212 5.Is seeking to be employed or licensed by or to contract 2213 with the Department of Children and Families, the Division of 2214 Vocational Rehabilitation within the Department of Education, 2215 the Agency for Health Care Administration, the Agency for 2216 Persons with Disabilities, the Department of Health, the 2217 Department of Elderly Affairs, or the Department of Juvenile 2218 Justice or to be employed or used by such contractor or licensee 2219 in a sensitive position having direct contact with children, 2220 persons with disabilities, or the elderly; 2221 6.Is seeking to be employed or licensed by the Department 2222 of Education, any district school board, any university 2223 laboratory school, any charter school, any private or parochial 2224 school, or any local governmental entity that licenses child 2225 care facilities; 2226 7.Is seeking to be licensed by the Division of Insurance 2227 Agent and Agency Services within the Department of Financial 2228 Services; or 2229 8.Is seeking to be appointed as a guardian pursuant to s. 2230 744.3125. 2231 (b)A person who has been granted an expunction under this 2232 section and who is authorized under paragraph (a) to lawfully 2233 deny or fail to acknowledge the arrests and convictions covered 2234 by an expunged record may not be held under any law of this 2235 state to have committed perjury or to be otherwise liable for 2236 giving a false statement by reason of his or her failure to 2237 recite or acknowledge an expunged criminal history record. 2238 Section 9.Section 893.15, Florida Statutes, is amended to 2239 read: 2240 893.15Rehabilitation.Any person who violates s. 2241 893.13(6)(a) or (b) relating to possession may, in the 2242 discretion of the trial judge, be required to participate in a 2243 substance abuse services program approved or regulated by the 2244 Department of Children and Families pursuant to the provisions 2245 of chapter 397, provided the director of such program approves 2246 the placement of the defendant in such program. Such required 2247 participation shall be imposed in addition to any penalty or 2248 probation otherwise prescribed by law. However, the total time 2249 of such penalty, probation, and program participation may shall 2250 not exceed the maximum length of sentence possible for the 2251 offense. 2252 Section 10.Except as otherwise expressly provided in this 2253 act and except for this section, which shall take effect upon 2254 becoming a law, this act shall take effect January 1, 2023.