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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to marijuana; repealing ch. 1 of 2017 -2
232, Laws of Florida; amending s. 381.986, F.S.; 3
revising qualifying medical conditions to include a 4
condition for which a patient is prescribed specified 5
opioid drugs; revising examination requirements for 6
the issuance or renewal of certification; revising the 7
amount of supply limits a qualified physician may 8
issue; revising the frequency at which a qualified 9
physician must evaluate an existing qualified patient 10
before issuing a new physician certificat ion; revising 11
reasons the Department of Health may suspend the 12
registration of a qualified physician; requiring 13
medical marijuana use registry identifications cards 14
to be renewed biennially; requiring the department to 15
establish processes and procedures to issue medical 16
marijuana use registry identification cards to, and to 17
register as a visiting qualified patient, nonresidents 18
under certain circumstances; providing requirements 19
for such registration; providing a waiver of certain 20
fees for certain veterans; authorizing certain persons 21
to home cultivate a specified number of cannabis 22
plants under specified circumstances; requiring 23
rulemaking; providing penalties; creating s. 381.9861, 24
F.S.; providing definitions; requiring the Department 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of Health to authoriz e each medical marijuana 26
treatment center to operate as a cultivator, 27
processor, distributor, or retailer; requiring the 28
department to initiate an application process to issue 29
a specified number of certain licenses; providing 30
requirements for an applicant for licensure as a 31
marijuana licensee; providing requirements for 32
modifications to a marijuana licensee's operations and 33
ownership, and change of ownership; providing 34
requirements for inspections by the department; 35
authorizing the department to impose cert ain fees 36
under certain circumstances; providing for preemption; 37
providing penalties; prohibiting unlicensed activity 38
by marijuana licensees; providing exceptions and 39
applicability; requiring the department to deposit 40
certain fines or fees into the Grants a nd Donations 41
Trust Fund within the department; requiring rulemaking 42
and providing for the expiration of such rulemaking 43
authority; providing an effective date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Section 1 of chapter 2017-232, Laws of Florida, 48
is repealed. 49
Section 2. Subsections (9) through (17) of section 50
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381.986, Florida Statutes, are renumbered as subsections (10) 51
through (18), respectively, paragraph (k) of subsection (2), 52
paragraphs (a), (b), (f), (g), and (i) of subsection (4), 53
paragraph (b) of subsection (6), and paragraphs (a) through (d) 54
of subsection (7) are amended, and a new subsection (9) is added 55
to that section, to read: 56
381.986 Medical use of marijuana. — 57
(2) QUALIFYING MEDICAL CONDITIONS. —A patient must be 58
diagnosed with at least one of the following conditions to 59
qualify to receive marijuana or a marijuana delivery device: 60
(k) Medical conditions of the same kind or class as or 61
comparable to those enumerated in paragraphs (a) -(j), or for 62
which the patient is prescribed an opioid drug listed as a 63
Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 64
812. 65
(4) PHYSICIAN CERTIFICATION. — 66
(a) A qualified physician may issue a physician 67
certification only if the qualified physician: 68
1. Conducted an examination of the patient and a full 69
assessment of the medical history of the patient. Before issuing 70
or renewing a certification an initial certification to a 71
patient, the qualified physician must conduct an in-person 72
physical examination of the patient in-person or via. For 73
certification renewals, a qualified physician who has issued a 74
certification to a patient after conducting an in -person 75
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physical examination may conduct subsequent examinations of that 76
patient through telehealth as defined in s. 456.47. For the 77
purposes of this subparagraph, the term "in -person physical 78
examination" means an examination conducted by a qualified 79
physician while the physician is physically present in the same 80
room as the patient. 81
2. Diagnosed the patient with at least one qualifying 82
medical condition. 83
3. Determined that the medical use of marijuana would 84
likely outweigh the potential health risks for the patient, and 85
such determination must be documented in the patient's medical 86
record. If a patient is y ounger than 18 years of age, a second 87
physician must concur with this determination, and such 88
concurrence must be documented in the patient's medical record. 89
4. Determined whether the patient is pregnant and 90
documented such determination in the patient's medical record. A 91
physician may not issue a physician certification, except for 92
low-THC cannabis, to a patient who is pregnant. 93
5. Reviewed the patient's controlled drug prescription 94
history in the prescription drug monitoring program database 95
established pursuant to s. 893.055. 96
6. Reviews the medical marijuana use registry and 97
confirmed that the patient does not have an active physician 98
certification from another qualified physician. 99
7. Registers as the issuer of the physician certification 100
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for the named qualified patient on the medical marijuana use 101
registry in an electronic manner determined by the department, 102
and: 103
a. Enters into the registry the contents of the physician 104
certification, including the patient's qualifying condition and 105
the dosage not to exceed the daily dose amount determined by the 106
department, the amount and forms of marijuana authorized for the 107
patient, and any types of marijuana delivery devices needed by 108
the patient for the medical use of marijuana. 109
b. Updates the registry wi thin 7 days after any change is 110
made to the original physician certification to reflect such 111
change. 112
c. Deactivates the registration of the qualified patient 113
and the patient's caregiver when the physician no longer 114
recommends the medical use of marijuana for the patient. 115
8. Obtains the voluntary and informed written consent of 116
the patient for medical use of marijuana each time the qualified 117
physician issues a physician certification for the patient, 118
which shall be maintained in the patient's medical rec ord. The 119
patient, or the patient's parent or legal guardian if the 120
patient is a minor, must sign the informed consent acknowledging 121
that the qualified physician has sufficiently explained its 122
content. The qualified physician must use a standardized 123
informed consent form adopted in rule by the Board of Medicine 124
and the Board of Osteopathic Medicine, which must include, at a 125
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minimum, information related to: 126
a. The Federal Government's classification of marijuana as 127
a Schedule I controlled substance. 128
b. The approval and oversight status of marijuana by the 129
Food and Drug Administration. 130
c. The current state of research on the efficacy of 131
marijuana to treat the qualifying conditions set forth in this 132
section. 133
d. The potential for addiction. 134
e. The potential effect that marijuana may have on a 135
patient's coordination, motor skills, and cognition, including a 136
warning against operating heavy machinery, operating a motor 137
vehicle, or engaging in activities that require a person to be 138
alert or respond quickly. 139
f. The potential side effects of marijuana use, including 140
the negative health risks associated with smoking marijuana. 141
g. The risks, benefits, and drug interactions of 142
marijuana. 143
h. That the patient's deidentified health information 144
contained in the physician certification and medical marijuana 145
use registry may be used for research purposes. 146
(b) If a qualified physician issues a physician 147
certification for a qualified patient diagnosed with a 148
qualifying medical condition pursuant to paragraph (2)(k) , the 149
physician must submit the following to the applicable board 150
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within 14 days after issuing the physician certification: 151
1. Documentation supporting the qualified physician's 152
opinion that the medical condition is of the same kind or class 153
as the conditions in paragraphs (2)(a) -(j), or for which the 154
patient is prescribed an opioid drug listed as a Schedule II 155
controlled substance in s. 893.03 or 21 U.S.C. s. 812 . 156
2. Documentation that establishes the efficacy of 157
marijuana as treatment for the conditio n. 158
3. Documentation supporting the qualified physician's 159
opinion that the benefits of medical use of marijuana would 160
likely outweigh the potential health risks for the patient. 161
4. Any other documentation as required by board rule. 162
163
The department must submit such documentation to the Consortium 164
for Medical Marijuana Clinical Outcomes Research established 165
pursuant to s. 1004.4351. 166
(f) A qualified physician may not issue a physician 167
certification for more than ten three 70-day supply limits of 168
marijuana or more than twenty six 35-day supply limits of 169
marijuana in a form for smoking. The department shall quantify 170
by rule a daily dose amount with equivalent dose amounts for 171
each allowable form of marijuana dispensed by a medical 172
marijuana treatment center. The department shall use the daily 173
dose amount to calculate a 70 -day supply. 174
1. A qualified physician may request an exception to the 175
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daily dose amount limit, the 35 -day supply limit of marijuana in 176
a form for smoking, and the 4 -ounce possession limit o f 177
marijuana in a form for smoking established in paragraph (15)(a) 178
(14)(a). The request shall be made electronically on a form 179
adopted by the department in rule and must include, at a 180
minimum: 181
a. The qualified patient's qualifying medical condition. 182
b. The dosage and route of administration that was 183
insufficient to provide relief to the qualified patient. 184
c. A description of how the patient will benefit from an 185
increased amount. 186
d. The minimum daily dose amount of marijuana that would 187
be sufficient for the treatment of the qualified patient's 188
qualifying medical condition. 189
2. A qualified physician must provide the qualified 190
patient's records upon the request of the department. 191
3. The department shall approve or disapprove the request 192
within 14 days after receipt of the complete documentation 193
required by this paragraph. The request shall be deemed approved 194
if the department fails to act within this time period. 195
(g) A qualified physician must evaluate an existing 196
qualified patient at least once every 104 30 weeks before 197
issuing a new physician certification. A qualified physician who 198
has issued a certification to the patient after conducting an 199
in-person physical examination as defined in subparagraph (a)1. 200
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may conduct the evaluation through telehealth as defined in s. 201
456.47. A physician must: 202
1. Determine if the patient still meets the requirements 203
to be issued a physician certification under paragraph (a). 204
2. Identify and document in the qualified patient's 205
medical records whether the qualified patient experienced either 206
of the following related to the medical use of marijuana: 207
a. An adverse drug interaction with any prescription or 208
nonprescription medicat ion; or 209
b. A reduction in the use of, or dependence on, other 210
types of controlled substances as defined in s. 893.02. 211
3. Submit a report with the findings required pursuant to 212
subparagraph 2. to the department. The department shall submit 213
such reports to the Consortium for Medical Marijuana Clinical 214
Outcomes Research established pursuant to s. 1004.4351. 215
(i) The department shall monitor physician registration in 216
the medical marijuana use registry and the issuance of physician 217
certifications for practi ces that could facilitate unlawful 218
diversion or misuse of marijuana or a marijuana delivery device 219
and shall take disciplinary action as appropriate. The 220
department may suspend the registration of a qualified physician 221
in the medical marijuana use registry for a period of up to 2 222
years if the qualified physician : 223
1. fails to comply with this section ; or 224
2. Provides, advertises, or markets telehealth services 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
before July 1, 2023. 226
(6) CAREGIVERS.— 227
(b) A caregiver must: 228
1. Not be a qualified physicia n and not be employed by or 229
have an economic interest in a medical marijuana treatment 230
center or a marijuana testing laboratory. 231
2. Be 21 years of age or older and a resident of this 232
state. 233
3. Agree in writing to assist with the qualified patient's 234
medical use of marijuana. 235
4. Be registered in the medical marijuana use registry as 236
a caregiver for no more than one qualified patient, except as 237
provided in this paragraph. 238
5. Successfully complete a caregiver certification course 239
developed and administe red by the department or its designee, 240
which must be renewed biennially. The price of the course may 241
not exceed $100. 242
6. Pass a background screening pursuant to subsection (10) 243
(9), unless the patient is a close relative of the caregiver. 244
(7) IDENTIFICATION CARDS.— 245
(a) The department shall issue medical marijuana use 246
registry identification cards for qualified patients and 247
caregivers who are residents of this state, which must be 248
renewed biennially. Additionally, the department shall establish 249
processes and procedures to issue medical marijuana use registry 250
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identification cards to, and to register as a visiting qualified 251
patient, nonresidents who are actively enrolled in the medical 252
cannabis program of another jurisdiction recognized by the 253
department within 1 business day after application for 254
registration. A visiting qualified patient may engage in all 255
conduct authorized for a qualified patient annually. The 256
identification cards must be resistant to counterfeiting and 257
tampering and must include, at a minimum, the following: 258
1. The name, address, and date of birth of the qualified 259
patient or caregiver. 260
2. A full-face, passport-type, color photograph of the 261
qualified patient or caregiver taken within the 90 days 262
immediately preceding registration or the Florida driver license 263
or Florida identification card photograph of the qualified 264
patient or caregiver obtained directly from the Department of 265
Highway Safety and Motor Vehicles. 266
3. Identification as a qualified patient or a caregiver. 267
4. The unique numeric identifier used for the qualified 268
patient in the medical marijuana use registry. 269
5. For a caregiver, the name and unique numeric identifier 270
of the caregiver and the qualified patient or patients that the 271
caregiver is assisting. 272
6. The expiration date of the identification card. 273
(b) The department must receive written consent from a 274
qualified patient's parent or legal guardian before it may issue 275
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an identification card to a qualified patient who is a minor. 276
(c) The department shall adopt ru les pursuant to ss. 277
120.536(1) and 120.54 establishing procedures for the issuance, 278
renewal, suspension, replacement, surrender, and revocation of 279
medical marijuana use registry identification cards pursuant to 280
this section and shall begin issuing qualifie d patient 281
identification cards by October 3, 2017. 282
(d) Applications for identification cards must be 283
submitted on a form prescribed by the department. The department 284
may charge a reasonable fee associated with the issuance, 285
replacement, and renewal of id entification cards. However, all 286
such fees shall be waived for any veteran who was honorably 287
discharged from the United States Armed Forces. The department 288
shall allocate $10 of the identification card fee to the 289
Division of Research at Florida Agricultura l and Mechanical 290
University for the purpose of educating minorities about 291
marijuana for medical use and the impact of the unlawful use of 292
marijuana on minority communities. The department shall contract 293
with a third-party vendor to issue identification car ds. The 294
vendor selected by the department must have experience 295
performing similar functions for other state agencies. 296
(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 297
(b) An applicant for licensure as a medical marijuana 298
treatment center shall apply to the department on a form 299
prescribed by the department and adopted in rule. The department 300
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shall adopt rules pursuant to ss. 120.536(1) and 120.54 301
establishing a procedur e for the issuance and biennial renewal 302
of licenses, including initial application and biennial renewal 303
fees sufficient to cover the costs of implementing and 304
administering this section, and establishing supplemental 305
licensure fees for payment beginning Ma y 1, 2018, sufficient to 306
cover the costs of administering ss. 381.989 and 1004.4351. The 307
department shall identify applicants with strong diversity plans 308
reflecting this state's commitment to diversity and implement 309
training programs and other educational programs to enable 310
minority persons and minority business enterprises, as defined 311
in s. 288.703, and veteran business enterprises, as defined in 312
s. 295.187, to compete for medical marijuana treatment center 313
licensure and contracts. Subject to the requireme nts in 314
subparagraphs (a)2.-4., the department shall issue a license to 315
an applicant if the applicant meets the requirements of this 316
section and pays the initial application fee. The department 317
shall renew the licensure of a medical marijuana treatment 318
center biennially if the licensee meets the requirements of this 319
section and pays the biennial renewal fee. However, the 320
department may not renew the license of a medical marijuana 321
treatment center that has not begun to cultivate, process, and 322
dispense marijuana by the date that the medical marijuana 323
treatment center is required to renew its license. An individual 324
may not be an applicant, owner, officer, board member, or 325
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manager on more than one application for licensure as a medical 326
marijuana treatment center. An individual or entity may not be 327
awarded more than one license as a medical marijuana treatment 328
center. An applicant for licensure as a medical marijuana 329
treatment center must demonstrate: 330
1. That, for the 5 consecutive years before submitting the 331
application, the applicant has been registered to do business in 332
the state. 333
2. Possession of a valid certificate of registration 334
issued by the Department of Agriculture and Consumer Services 335
pursuant to s. 581.131. 336
3. The technical and technological abili ty to cultivate 337
and produce marijuana, including, but not limited to, low -THC 338
cannabis. 339
4. The ability to secure the premises, resources, and 340
personnel necessary to operate as a medical marijuana treatment 341
center. 342
5. The ability to maintain accountabil ity of all raw 343
materials, finished products, and any byproducts to prevent 344
diversion or unlawful access to or possession of these 345
substances. 346
6. An infrastructure reasonably located to dispense 347
marijuana to registered qualified patients statewide or 348
regionally as determined by the department. 349
7. The financial ability to maintain operations for the 350
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duration of the 2-year approval cycle, including the provision 351
of certified financial statements to the department. 352
a. Upon approval, the applicant must pos t a $5 million 353
performance bond issued by an authorized surety insurance 354
company rated in one of the three highest rating categories by a 355
nationally recognized rating service. However, a medical 356
marijuana treatment center serving at least 1,000 qualified 357
patients is only required to maintain a $2 million performance 358
bond. 359
b. In lieu of the performance bond required under sub -360
subparagraph a., the applicant may provide an irrevocable letter 361
of credit payable to the department or provide cash to the 362
department. If provided with cash under this sub -subparagraph, 363
the department shall deposit the cash in the Grants and 364
Donations Trust Fund within the Department of Health, subject to 365
the same conditions as the bond regarding requirements for the 366
applicant to forfeit ownership of the funds. If the funds 367
deposited under this sub -subparagraph generate interest, the 368
amount of that interest shall be used by the department for the 369
administration of this section. 370
8. That all owners, officers, board members, and manager s 371
have passed a background screening pursuant to subsection (10) 372
(9). 373
9. The employment of a medical director to supervise the 374
activities of the medical marijuana treatment center. 375
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10. A diversity plan that promotes and ensures the 376
involvement of minor ity persons and minority business 377
enterprises, as defined in s. 288.703, or veteran business 378
enterprises, as defined in s. 295.187, in ownership, management, 379
and employment. An applicant for licensure renewal must show the 380
effectiveness of the diversity pl an by including the following 381
with his or her application for renewal: 382
a. Representation of minority persons and veterans in the 383
medical marijuana treatment center's workforce; 384
b. Efforts to recruit minority persons and veterans for 385
employment; and 386
c. A record of contracts for services with minority 387
business enterprises and veteran business enterprises. 388
(e) A licensed medical marijuana treatment center shall 389
cultivate, process, transport, and dispense marijuana for 390
medical use. A licensed medical ma rijuana treatment center may 391
not contract for services directly related to the cultivation, 392
processing, and dispensing of marijuana or marijuana delivery 393
devices, except that a medical marijuana treatment center 394
licensed pursuant to subparagraph (a)1. may contract with a 395
single entity for the cultivation, processing, transporting, and 396
dispensing of marijuana and marijuana delivery devices. A 397
licensed medical marijuana treatment center must, at all times, 398
maintain compliance with the criteria demonstrated an d 399
representations made in the initial application and the criteria 400
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established in this subsection. Upon request, the department may 401
grant a medical marijuana treatment center a variance from the 402
representations made in the initial application. Consideratio n 403
of such a request shall be based upon the individual facts and 404
circumstances surrounding the request. A variance may not be 405
granted unless the requesting medical marijuana treatment center 406
can demonstrate to the department that it has a proposed 407
alternative to the specific representation made in its 408
application which fulfills the same or a similar purpose as the 409
specific representation in a way that the department can 410
reasonably determine will not be a lower standard than the 411
specific representation in th e application. A variance may not 412
be granted from the requirements in subparagraph 2. and 413
subparagraphs (b)1. and 2. 414
1. A licensed medical marijuana treatment center may 415
transfer ownership to an individual or entity who meets the 416
requirements of this sec tion. A publicly traded corporation or 417
publicly traded company that meets the requirements of this 418
section is not precluded from ownership of a medical marijuana 419
treatment center. To accommodate a change in ownership: 420
a. The licensed medical marijuana tr eatment center shall 421
notify the department in writing at least 60 days before the 422
anticipated date of the change of ownership. 423
b. The individual or entity applying for initial licensure 424
due to a change of ownership must submit an application that 425
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must be received by the department at least 60 days before the 426
date of change of ownership. 427
c. Upon receipt of an application for a license, the 428
department shall examine the application and, within 30 days 429
after receipt, notify the applicant in writing of any a pparent 430
errors or omissions and request any additional information 431
required. 432
d. Requested information omitted from an application for 433
licensure must be filed with the department within 21 days after 434
the department's request for omitted information or the 435
application shall be deemed incomplete and shall be withdrawn 436
from further consideration and the fees shall be forfeited. 437
e. Within 30 days after the receipt of a complete 438
application, the department shall approve or deny the 439
application. 440
2. A medical marijuana treatment center, and any 441
individual or entity who directly or indirectly owns, controls, 442
or holds with power to vote 5 percent or more of the voting 443
shares of a medical marijuana treatment center, may not acquire 444
direct or indirect ownership or control of any voting shares or 445
other form of ownership of any other medical marijuana treatment 446
center. 447
3. A medical marijuana treatment center may not enter into 448
any form of profit-sharing arrangement with the property owner 449
or lessor of any of its fa cilities where cultivation, 450
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processing, storing, or dispensing of marijuana and marijuana 451
delivery devices occurs. 452
4. All employees of a medical marijuana treatment center 453
must be 21 years of age or older and have passed a background 454
screening pursuant t o subsection (10) (9). 455
5. Each medical marijuana treatment center must adopt and 456
enforce policies and procedures to ensure employees and 457
volunteers receive training on the legal requirements to 458
dispense marijuana to qualified patients. 459
6. When growing marijuana, a medical marijuana treatment 460
center: 461
a. May use pesticides determined by the department, after 462
consultation with the Department of Agriculture and Consumer 463
Services, to be safely applied to plants intended for human 464
consumption, but may not u se pesticides designated as 465
restricted-use pesticides pursuant to s. 487.042. 466
b. Must grow marijuana within an enclosed structure and in 467
a room separate from any other plant. 468
c. Must inspect seeds and growing plants for plant pests 469
that endanger or threaten the horticultural and agricultural 470
interests of the state in accordance with chapter 581 and any 471
rules adopted thereunder. 472
d. Must perform fumigation or treatment of plants, or 473
remove and destroy infested or infected plants, in accordance 474
with chapter 581 and any rules adopted thereunder. 475
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7. Each medical marijuana treatment center must produce 476
and make available for purchase at least one low -THC cannabis 477
product. 478
8. A medical marijuana treatment center that produces 479
edibles must hold a permit to operate as a food establishment 480
pursuant to chapter 500, the Florida Food Safety Act, and must 481
comply with all the requirements for food establishments 482
pursuant to chapter 500 and any rules adopted thereunder. 483
Edibles may not contain more than 200 mill igrams of 484
tetrahydrocannabinol, and a single serving portion of an edible 485
may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 486
may have a potency variance of no greater than 15 percent. 487
Marijuana products, including edibles, may not be attractive to 488
children; be manufactured in the shape of humans, cartoons, or 489
animals; be manufactured in a form that bears any reasonable 490
resemblance to products available for consumption as 491
commercially available candy; or contain any color additives. To 492
discourage consumption of edibles by children, the department 493
shall determine by rule any shapes, forms, and ingredients 494
allowed and prohibited for edibles. Medical marijuana treatment 495
centers may not begin processing or dispensing edibles until 496
after the effective d ate of the rule. The department shall also 497
adopt sanitation rules providing the standards and requirements 498
for the storage, display, or dispensing of edibles. 499
9. Within 12 months after licensure, a medical marijuana 500
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treatment center must demonstrate to t he department that all of 501
its processing facilities have passed a Food Safety Good 502
Manufacturing Practices, such as Global Food Safety Initiative 503
or equivalent, inspection by a nationally accredited certifying 504
body. A medical marijuana treatment center mus t immediately stop 505
processing at any facility which fails to pass this inspection 506
until it demonstrates to the department that such facility has 507
met this requirement. 508
10. A medical marijuana treatment center that produces 509
prerolled marijuana cigarettes m ay not use wrapping paper made 510
with tobacco or hemp. 511
11. When processing marijuana, a medical marijuana 512
treatment center must: 513
a. Process the marijuana within an enclosed structure and 514
in a room separate from other plants or products. 515
b. Comply with department rules when processing marijuana 516
with hydrocarbon solvents or other solvents or gases exhibiting 517
potential toxicity to humans. The department shall determine by 518
rule the requirements for medical marijuana treatment centers to 519
use such solvents or gases exhibiting potential toxicity to 520
humans. 521
c. Comply with federal and state laws and regulations and 522
department rules for solid and liquid wastes. The department 523
shall determine by rule procedures for the storage, handling, 524
transportation, managemen t, and disposal of solid and liquid 525
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waste generated during marijuana production and processing. The 526
Department of Environmental Protection shall assist the 527
department in developing such rules. 528
d. Test the processed marijuana using a medical marijuana 529
testing laboratory before it is dispensed. Results must be 530
verified and signed by two medical marijuana treatment center 531
employees. Before dispensing, the medical marijuana treatment 532
center must determine that the test results indicate that low -533
THC cannabis meets the definition of low -THC cannabis, the 534
concentration of tetrahydrocannabinol meets the potency 535
requirements of this section, the labeling of the concentration 536
of tetrahydrocannabinol and cannabidiol is accurate, and all 537
marijuana is safe for human co nsumption and free from 538
contaminants that are unsafe for human consumption. The 539
department shall determine by rule which contaminants must be 540
tested for and the maximum levels of each contaminant which are 541
safe for human consumption. The Department of Agri culture and 542
Consumer Services shall assist the department in developing the 543
testing requirements for contaminants that are unsafe for human 544
consumption in edibles. The department shall also determine by 545
rule the procedures for the treatment of marijuana th at fails to 546
meet the testing requirements of this section, s. 381.988, or 547
department rule. The department may select samples of marijuana 548
from a medical marijuana treatment center facility which shall 549
be tested by the department to determine whether the ma rijuana 550
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meets the potency requirements of this section, is safe for 551
human consumption, and is accurately labeled with the 552
tetrahydrocannabinol and cannabidiol concentration or to verify 553
the result of marijuana testing conducted by a marijuana testing 554
laboratory. The department may also select samples of marijuana 555
delivery devices from a medical marijuana treatment center to 556
determine whether the marijuana delivery device is safe for use 557
by qualified patients. A medical marijuana treatment center may 558
not require payment from the department for the sample. A 559
medical marijuana treatment center must recall marijuana, 560
including all marijuana and marijuana products made from the 561
same batch of marijuana, that fails to meet the potency 562
requirements of this section, that is unsafe for human 563
consumption, or for which the labeling of the 564
tetrahydrocannabinol and cannabidiol concentration is 565
inaccurate. The department shall adopt rules to establish 566
marijuana potency variations of no greater than 15 percent using 567
negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts 568
for, but is not limited to, time lapses between testing, testing 569
methods, testing instruments, and types of marijuana sampled for 570
testing. The department may not issue any recalls for product 571
potency as it relates to product labeling before issuing a rule 572
relating to potency variation standards. A medical marijuana 573
treatment center must also recall all marijuana delivery devices 574
determined to be unsafe for use by qualified patients. The 575
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medical marijuana treatment center must retain records of all 576
testing and samples of each homogeneous batch of marijuana for 577
at least 9 months. The medical marijuana treatment center must 578
contract with a marijuana testing laboratory to perform audits 579
on the medical marijuana treatment center's standard operating 580
procedures, testing records, and samples and provide the results 581
to the department to confirm that the marijuana or low -THC 582
cannabis meets the requirements of this section and that the 583
marijuana or low-THC cannabis is safe for human consumption. A 584
medical marijuana treatment center shall reserve two processed 585
samples from each batch and retain such samples for at least 9 586
months for the purpose of such audits. A medical marijuana 587
treatment center may use a laborato ry that has not been 588
certified by the department under s. 381.988 until such time as 589
at least one laboratory holds the required certification, but in 590
no event later than July 1, 2018. 591
e. Package the marijuana in compliance with the United 592
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 593
1471 et seq. 594
f. Package the marijuana in a receptacle that has a firmly 595
affixed and legible label stating the following information: 596
(I) The marijuana or low -THC cannabis meets the 597
requirements of sub-subparagraph d. 598
(II) The name of the medical marijuana treatment center 599
from which the marijuana originates. 600
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(III) The batch number and harvest number from which the 601
marijuana originates and the date dispensed. 602
(IV) The name of the physician who issued t he physician 603
certification. 604
(V) The name of the patient. 605
(VI) The product name, if applicable, and dosage form, 606
including concentration of tetrahydrocannabinol and cannabidiol. 607
The product name may not contain wording commonly associated 608
with products that are attractive to children or which promote 609
the recreational use of marijuana. 610
(VII) The recommended dose. 611
(VIII) A warning that it is illegal to transfer medical 612
marijuana to another person. 613
(IX) A marijuana universal symbol developed by the 614
department. 615
12. The medical marijuana treatment center shall include 616
in each package a patient package insert with information on the 617
specific product dispensed related to: 618
a. Clinical pharmacology. 619
b. Indications and use. 620
c. Dosage and administratio n. 621
d. Dosage forms and strengths. 622
e. Contraindications. 623
f. Warnings and precautions. 624
g. Adverse reactions. 625
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13. In addition to the packaging and labeling requirements 626
specified in subparagraphs 11. and 12., marijuana in a form for 627
smoking must be packaged in a sealed receptacle with a legible 628
and prominent warning to keep away from children and a warning 629
that states marijuana smoke contains carcinogens and may 630
negatively affect health. Such receptacles for marijuana in a 631
form for smoking must be pl ain, opaque, and white without 632
depictions of the product or images other than the medical 633
marijuana treatment center's department -approved logo and the 634
marijuana universal symbol. 635
14. The department shall adopt rules to regulate the 636
types, appearance, an d labeling of marijuana delivery devices 637
dispensed from a medical marijuana treatment center. The rules 638
must require marijuana delivery devices to have an appearance 639
consistent with medical use. 640
15. Each edible must be individually sealed in plain, 641
opaque wrapping marked only with the marijuana universal symbol. 642
Where practical, each edible must be marked with the marijuana 643
universal symbol. In addition to the packaging and labeling 644
requirements in subparagraphs 11. and 12., edible receptacles 645
must be plain, opaque, and white without depictions of the 646
product or images other than the medical marijuana treatment 647
center's department-approved logo and the marijuana universal 648
symbol. The receptacle must also include a list of all the 649
edible's ingredients, stor age instructions, an expiration date, 650
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a legible and prominent warning to keep away from children and 651
pets, and a warning that the edible has not been produced or 652
inspected pursuant to federal food safety laws. 653
16. When dispensing marijuana or a marijuana delivery 654
device, a medical marijuana treatment center: 655
a. May dispense any active, valid order for low -THC 656
cannabis, medical cannabis and cannabis delivery devices issued 657
pursuant to former s. 381.986, Florida Statutes 2016, which was 658
entered into the medical marijuana use registry before July 1, 659
2017. 660
b. May not dispense more than a 70 -day supply of marijuana 661
within any 70-day period to a qualified patient or caregiver. 662
May not dispense more than one 35 -day supply of marijuana in a 663
form for smoking within any 35-day period to a qualified patient 664
or caregiver. A 35-day supply of marijuana in a form for smoking 665
may not exceed 2.5 ounces unless an exception to this amount is 666
approved by the department pursuant to paragraph (4)(f). 667
c. Must have the medic al marijuana treatment center's 668
employee who dispenses the marijuana or a marijuana delivery 669
device enter into the medical marijuana use registry his or her 670
name or unique employee identifier. 671
d. Must verify that the qualified patient and the 672
caregiver, if applicable, each have an active registration in 673
the medical marijuana use registry and an active and valid 674
medical marijuana use registry identification card, the amount 675
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and type of marijuana dispensed matches the physician 676
certification in the medical marijuana use registry for that 677
qualified patient, and the physician certification has not 678
already been filled. 679
e. May not dispense marijuana to a qualified patient who 680
is younger than 18 years of age. If the qualified patient is 681
younger than 18 years of age, marijuana may only be dispensed to 682
the qualified patient's caregiver. 683
f. May not dispense or sell any other type of cannabis, 684
alcohol, or illicit drug -related product, including pipes or 685
wrapping papers made with tobacco or hemp, other than a 686
marijuana delivery device required for the medical use of 687
marijuana and which is specified in a physician certification. 688
g. Must, upon dispensing the marijuana or marijuana 689
delivery device, record in the registry the date, time, 690
quantity, and form of marijuan a dispensed; the type of marijuana 691
delivery device dispensed; and the name and medical marijuana 692
use registry identification number of the qualified patient or 693
caregiver to whom the marijuana delivery device was dispensed. 694
h. Must ensure that patient rec ords are not visible to 695
anyone other than the qualified patient, his or her caregiver, 696
and authorized medical marijuana treatment center employees. 697
(9) HOME CULTIVATION. — 698
(a) A qualified patient who is at least 21 years of age 699
may cultivate up to two c annabis plants for personal 700
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consumption, provided he or she holds a valid certificate from 701
the Department of Agriculture and Consumer Services, which shall 702
adopt rules pursuant to ss. 120.536(1) and 120.54 establishing 703
procedures for the issuance, renewal, suspension, replacement, 704
surrender, and revocation of such certificates; and rules 705
providing for the inspection and registration of each cannabis 706
plant by the department. For any property that is leased, the 707
applicant must provide documentation to the dep artment 708
demonstrating that the property owner consents to marijuana 709
cultivation on the property. If two or more qualified patients 710
who are at least 21 years of age reside at the same residence, 711
only two cannabis plants may be cultivated at that residence. 712
(b) Cannabis plants may not be cultivated in a location in 713
which the plants are subject to public view, including a view 714
from another private property, without the use of binoculars, 715
aircraft, or other special aids. 716
(c) A qualified patient who cultivate s cannabis shall 717
ensure the plants are located in an enclosed, locked space to 718
prevent access from unauthorized persons and persons under the 719
age of 21 years. The use of cannabis cultivated for personal 720
consumption is subject to s. 381.986(1)(k)5. 721
(d) A person who violates this section commits a 722
misdemeanor of the first degree, punishable as provided in s. 723
775.082 or s. 775.083. 724
Section 3. Section 381.9861, Florida Statutes, is created 725
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to read: 726
381.9861 Personal use of marijuana. — 727
(1) DEFINITIONS.—As used in this section, the term: 728
(a) "Adult" means an individual 21 years of age or older. 729
(b) "Cultivator" means a person or entity licensed by the 730
department to grow marijuana intended for retail sale to adults 731
for personal use. 732
(c) "Distributor" means a person or entity licensed by the 733
department to obtain marijuana from a processor or another 734
distributor and to distribute marijuana and marijuana delivery 735
devices at wholesale only to retailers. 736
(d) "Edibles" means commercially prod uced food items made 737
with marijuana oil, but no other form of marijuana. 738
(e) "Marijuana" means all parts of any plant of the genus 739
Cannabis, whether growing or not; the seeds thereof; the resin 740
extracted from any part of the plant; and every compound, 741
manufacture, salt, derivative, mixture, or preparation of the 742
plant or its seeds or resin. 743
(f) "Marijuana delivery device" means an object used, 744
intended for use, or designed for use in preparing, storing, 745
ingesting, inhaling, or otherwise introducing mari juana into the 746
human body. 747
(g) "Marijuana licensee" means a person or entity that 748
holds a license as a cultivator, processor, distributor, or 749
retailer. 750
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(h) "Marijuana testing laboratory" means a facility that 751
collects and analyzes marijuana samples from a cultivator or 752
processor and has been certified by the department under s. 753
381.988. 754
(i) "Medical marijuana treatment center" means a person or 755
entity licensed under s. 381.986 to cultivate, process, 756
transport, and dispense medical marijuana and mar ijuana delivery 757
devices. 758
(j) "Personal use" means the possession, purchase, or use 759
of marijuana or a marijuana delivery device by an adult for 760
nonmedical, personal consumption by smoking, inhaling, 761
ingesting, or otherwise. The term does not include: 762
1. Possession or use of marijuana that was not purchased 763
or acquired from a retailer. 764
2. Transfer of marijuana to a person other than the adult 765
to whom it was dispensed. 766
3. Use of marijuana in the following locations: 767
a. On any form of public transpor tation. 768
b. In any public place. 769
c. In the adult's place of employment, except when 770
permitted by his or her employer. 771
d. In a state correctional institution, as defined in s. 772
944.02, or a correctional institution, as defined in s. 944.241. 773
e. On the grounds of a preschool, primary school, or 774
secondary school, except as provided in s. 1006.062. 775
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f. In a school bus, a vehicle, an aircraft, or a 776
motorboat. 777
3. The smoking of marijuana in an enclosed indoor 778
workplace as defined in s. 386.203(5). 779
(k) "Processor" means a person or entity that holds a 780
license from the department to obtain marijuana from a 781
cultivator or another processor, and to process such marijuana 782
into a product intended for retail sale. 783
(l) "Retailer" means a person or entity that holds a 784
license from the department to obtain marijuana from a processor 785
or distributor and to engage in the retail sale of marijuana and 786
marijuana delivery devices to adults for personal use. 787
(m) "Smoking" means burning or igniting a substance and 788
inhaling the smoke. 789
(2) LICENSURE AS A MARIJUANA LICENSEE. - 790
(a) Effective July 1, 2025, the department shall authorize 791
each medical marijuana treatment center to operate as a 792
cultivator, processor, distributor, or retailer under this 793
section. A medical mari juana treatment center is not required to 794
submit an application or pay a fee, other than any fees due 795
under s. 381.986, to obtain such authorization under this 796
section. Medical marijuana treatment centers are exempt from the 797
license limit in paragraph (b), the cultivation square footage 798
limit in subparagraph (e)2., and the retailer location limit in 799
subparagraph (h)2. 800
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(b) On July 1, 2025, and again on July 1, 2027, the 801
department shall initiate an application process to issue five 802
cultivator licenses, fiv e processor licenses, three distributor 803
licenses, and ten retailer licenses. The licenses issued 804
pursuant to this section may not be issued to any person or 805
entity holding a medical marijuana treatment center license. 806
(c) An applicant for licensure as a marijuana licensee 807
shall apply to the department on a form prescribed by the 808
department and adopted by department rule. The department shall 809
issue a license to an applicant if the applicant meets the 810
requirements of this section and pays the initial applic ation 811
fee. The department shall renew the licensure of a marijuana 812
licensee biennially if the licensee meets the requirements of 813
this section and pays the biennial renewal fee. Medical 814
marijuana treatment centers shall be exempt from payment of the 815
biennial renewal fee. 816
(d) An applicant for licensure as a marijuana licensee 817
must: 818
1. Demonstrate the technical and technological ability to 819
operate as a cultivator, processor, distributor, or retailer, as 820
applicable. 821
2. Demonstrate the ability to secure the premises, 822
resources, and personnel necessary to operate as a cultivator, 823
processor, distributor, or retailer, as applicable. 824
3. Demonstrate the ability to maintain accountability of 825
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all marijuana and any byproducts to prevent diversion or 826
unlawful access to or possession of these substances. 827
4. Demonstrate the financial ability to maintain 828
operations for the duration of the 2 -year approval cycle, 829
including the provision of certified financial statements to the 830
department. 831
a. Upon approval, the app licant must post a performance 832
bond in the following amount issued by an authorized surety 833
insurance company rated in one of the three highest rating 834
categories by a nationally recognized rating service: 835
(I) Cultivator license – $500,000. 836
(II) Processor license – $500,000. 837
(III) Distributor license – $500,000. 838
(IV) Retailer license – $250,000. 839
b. In lieu of the performance bond, the applicant may 840
provide an irrevocable letter of credit in the above amount, as 841
applicable, payable to the department. 842
5. Ensure all owners, officers, board members, managers, 843
and employees have passed a background screening under s. 844
381.986(9). 845
6. Use the department's seed -to-sale tracking system. 846
(e)1. In addition to the requirements of paragraph (c), an 847
applicant for licensure as a cultivator must: 848
a. Possess a valid certificate of registration issued by 849
the Department of Agriculture and Consumer Services under s. 850
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581.131. 851
b. Comply with the applicable requirements of s. 852
381.986(8) and any applicable rules adopted pursuant thereto, as 853
determined by department rule. 854
2. A cultivator may not exceed 100,000 square feet of 855
total canopy space for marijuana plants. 856
3. A person or an entity licensed as a cultivator may not 857
be licensed as a distributor, processor, or retailer. 858
(f)1. In addition to the requirements of paragraph (c), an 859
applicant for licensure a s a processor must: 860
a. Demonstrate that all of its proposed processing 861
facilities have passed a Food Safety Good Manufacturing 862
Practices inspection, such as Global Food Safety Initiative or 863
equivalent, by a nationally accredited certifying body. 864
b. If the processor intends on producing edibles, possess 865
a permit to operate as a food establishment pursuant to chapter 866
500. 867
c. Comply with the applicable requirements of s. 868
381.986(8) and any applicable rules adopted pursuant thereto, as 869
determined by department rule. 870
2. A person or an entity licensed as a processor may not 871
be licensed as a cultivator, distributor, or retailer. 872
(g)1. In addition to the requirements of paragraph (d), an 873
applicant for licensure as a distributor must: 874
a. Maintain warehous e space that is either owned or leased 875
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by the distributor of at least 2,500 square feet to store 876
marijuana and marijuana delivery devices. 877
b. Comply with the applicable requirements of s. 878
381.986(8) and any applicable rules adopted pursuant thereto, as 879
determined by department rule. 880
2. A distributor may transfer marijuana and marijuana 881
delivery devices to another distributor for the wholesale sale 882
to a retailer. A person or entity licensed as a distributor may 883
not be licensed as a cultivator, processor or retailer. 884
(h)1. In addition to the requirements of paragraph (d), an 885
applicant for licensure as a retailer must comply with the 886
applicable requirements of s. 381.986(8) and any applicable 887
rules adopted pursuant thereto, as determined by department 888
rule. 889
2. A retailer licensee may operate up to three retail 890
locations under its license. 891
3. A person or entity licensed as a retailer may not be 892
licensed as a cultivator, processor, or distributor. 893
(i) A person or entity may not have an interest in mor e 894
than one marijuana license. 895
(3) MODIFICATION TO MARIJUANA LICENSEE'S OPERATIONS OR 896
OWNERSHIP.-A marijuana licensee must, at all times, maintain 897
compliance with this section, the applicable requirements of s. 898
381.986, and department rules. A marijuana li censee must request 899
approval of a material modification to its operations or 900
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ownership, as determined by department rule, before 901
implementation of such modification. The department shall 902
approve a material modification upon a determination that the 903
proposed modification will comply with the requirements of this 904
section, the applicable requirements of s. 381.986, and the 905
rules of the department. A request for approval of a material 906
modification under this subsection shall be governed by s. 907
120.60. Upon a medical marijuana treatment center's licensure as 908
a marijuana licensee, this subsection shall apply to 909
modifications to the medical marijuana treatment center's 910
operations and ownership and the variance requirements under s. 911
381.986 no longer apply. 912
(4) CHANGE OF OWNERSHIP.—A marijuana licensee may transfer 913
ownership to an individual or entity that meets the requirements 914
of this section. A publicly traded corporation or publicly 915
traded company that meets the requirements of this section is 916
not precluded from ownership of a marijuana licensee. A change 917
of ownership shall be in accordance with the procedure in s. 918
381.986(8)(e)1. 919
(5) MARIJUANA LICENSEE INSPECTIONS; ADMINISTRATIVE 920
ACTIONS.— 921
(a) The department shall conduct announced or unannounced 922
inspections of marijuana licensees to determine compliance with 923
this section or rules adopted pursuant to this section. 924
(b) Upon receiving a complaint or notice that a retailer 925
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has dispensed marijuana containing mold, bacteria, or another 926
contaminant that may cause or has caused an adverse effect to 927
human health or the environment, the department shall inspect 928
all marijuana licensees involved the in cultivation, processing, 929
distributing, and retail sale of the marijuana. 930
(c) The department shall conduct at least a biennial 931
inspection of each marijuana licensee to evaluate the licensee's 932
records, personnel, equipment, processes, security measures, 933
sanitation practices, and quality assurance practices. 934
(d) The Department of Agriculture and Consumer Services 935
and the department shall enter into an interagency agreement to 936
ensure cooperation and coordination in the performance of the 937
obligations of each department under this section and the 938
respective regulatory and authorizing laws. The department, the 939
Department of Highway Safety and Motor Vehicles, and the 940
Department of Law Enforcement may enter into interagency 941
agreements for the purposes specified in this subsection. 942
(e) The department shall publish a list of all approved 943
marijuana licensees on its website. 944
(f) The department may impose reasonable fines not to 945
exceed $10,000 on a marijuana licensee for any of the following 946
violations: 947
1. Violating this section or department rule. 948
2. Failing to maintain qualifications for approval. 949
3. Endangering the health , safety, welfare of an adult. 950
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4. Attempting to procure marijuana license by bribery, 951
fraudulent misrepresentation, or extortion. 952
5. Being convicted or found guilty of, or entering a plea 953
of guilty or nolo contendere to, regardless of adjudication, a 954
crime in any jurisdiction which directly relates to the business 955
of the marijuana licensee. 956
6. Making or filing a report or record that the marijuana 957
licensee knows to be false. 958
7. Willfully failing to maintain a record required by this 959
section or department rule. 960
8. Willfully impeding or obstructing an employee or agent 961
of the department in the furtherance of his or her official 962
duties. 963
9. Engaging in fraud or deceit, negligence, incompetence, 964
or misconduct in the business practices of the marijuana 965
licensee. 966
10. Making misleading, deceptive, or fraudulent 967
representations in or related to the business practices of the 968
marijuana licensee. 969
11. Having a license or the authority to engage in any 970
regulated profession, occupation, or business that is r elated to 971
the business practices of the marijuana licensee suspended, 972
revoked, or otherwise acted against by the licensing authority 973
of any jurisdiction, including its agencies or subdivisions, for 974
a violation that would constitute a violation under genera l law. 975
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12. Violating a lawful order of the department or an 976
agency of the state or failing to comply with a lawfully issued 977
subpoena of the department or an agency of the state. 978
(g) The department may suspend, revoke, or refuse to renew 979
a marijuana licensee if the licensee commits any of the 980
violations in paragraph (f). 981
(6) PREEMPTION.—Regulation of cultivation, processing, 982
dispensing, and delivery of marijuana by marijuana licensees is 983
preempted to the state except as provided in s. 381.986(11). The 984
provisions of s. 381.986(11) apply to marijuana licensees with 985
the same force and effect as such provisions apply to medical 986
marijuana treatment centers. 987
(7) PENALTIES.— 988
(a) A person under the age of 21 who fraudulently 989
represents himself or herself as an adult for purposes of 990
obtaining marijuana or a marijuana delivery device for personal 991
use commits a misdemeanor of the first degree, punishable as 992
provided in s. 775.082 or s. 775.083. 993
(b) A person who uses marijuana in plain view of or in a 994
place open to the general public; in a school bus, a vehicle, an 995
aircraft, or a boat; or on the grounds a preschool, primary 996
school, or secondary school, except as provided in s. 1006.062, 997
commits a misdemeanor of the first degree, punishable as 998
provided in s. 775.082 or s. 775.083. 999
(c) Except as provided in s. 381.986, a person who 1000
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purchases or acquires marijuana from any person or entity other 1001
than a retailer violates s. 893.13 and is subject to the 1002
penalties provided therein. 1003
(d) Except as provided in s. 381 .986, a person or entity 1004
that cultivates, processes, distributes, sells, or dispenses 1005
marijuana, as defined in s. 29(b)(4), Art. X of the State 1006
Constitution, and is not properly licensed as a marijuana 1007
licensee violates s. 893.13 and is subject to the pena lties 1008
provided therein. 1009
(e) A person who manufactures, distributes, sells, gives, 1010
or possesses with the intent to manufacture, distribute, sell, 1011
or give marijuana or a marijuana delivery device that he or she 1012
holds out to have originated from a marijuana licensee but that 1013
is counterfeit commits a felony of the third degree, punishable 1014
as provided in s. 775.082, s. 775.083, or s. 775.084. For the 1015
purposes of this paragraph, the term "counterfeit" means 1016
marijuana; a marijuana delivery device; or a marijuana or 1017
marijuana delivery device container, seal, or label which, 1018
without authorization, bears the trademark, trade name, or other 1019
identifying mark, imprint, or device, or any likeness thereof, 1020
of a marijuana licensee and which thereby falsely purports or is 1021
represented to be the product of that marijuana licensee. 1022
(8) UNLICENSED ACTIVITY. —The provisions of s. 381.986(13) 1023
apply to this section. 1024
(9) EXCEPTIONS TO OTHER LAWS. — 1025
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(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1026
any other provision of law, but subject to the requirements of 1027
this section, an adult may obtain from a retailer, use, and 1028
possess at any given time marijuana delivery devices and up to 1029
2.0 ounces of marijuana for personal use, except that no more 1030
than five grams of marijuana m ay be in the form of concentrate, 1031
and all marijuana obtained must remain in its original 1032
packaging. 1033
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1034
any other provision of law, but subject to the requirements of 1035
this section, a marijuana license e and its owners, managers, and 1036
employees may manufacture, possess, sell, deliver, distribute, 1037
dispense, or lawfully dispose of marijuana or a marijuana 1038
delivery device in accordance with the applicable license and 1039
the requirements of this section, s. 381. 988, and department 1040
rule. For the purposes of this subsection, the terms 1041
"manufacture," "possession," "deliver," "distribute," and 1042
"dispense" have the same meanings as provided in s. 893.02. 1043
(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1044
any other provision of law, but subject to the requirements of 1045
this section, a certified marijuana testing laboratory, 1046
including an employee of a certified marijuana testing 1047
laboratory acting within the scope of his or her employment, may 1048
acquire, possess, test , transport, and lawfully dispose of 1049
marijuana as provided in this section, in s. 381.988, and by 1050
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department rule. 1051
(d) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1052
any other law, but subject to the requirements of this section, 1053
the department, including an employee of the department acting 1054
within the scope of his or her employment, may acquire, possess, 1055
test, transport, and lawfully dispose of marijuana and marijuana 1056
delivery devices as provided in this section, in s. 381.988, and 1057
by department rule. 1058
(e) A marijuana licensee and its owners, managers, and 1059
employees are not subject to licensure or regulation under 1060
chapter 465 or chapter 499 for manufacturing, possessing, 1061
selling, delivering, distributing, dispensing, or lawfully 1062
disposing of marijuana or a marijuana delivery device, as 1063
provided in this section, in s. 381.988, and by department rule. 1064
(f) This subsection does not exempt a person from 1065
prosecution for a criminal offense related to impairment or 1066
intoxication resulting from the personal use of marijuana or 1067
relieve a person from any requirement under law to submit to a 1068
breath, blood, urine, or other test to detect the presence of a 1069
controlled substance. 1070
(10) APPLICABILITY. —The provision of s. 381.986(15) apply 1071
to this section. 1072
(11) FINES AND FEES. —Fines and fees collected by the 1073
department under this section shall be deposited in the Grants 1074
and Donations Trust Fund within the Department of Health. 1075
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(12) RULES.— 1076
(a) The department shall adopt rules pursuant to ss. 1077
120.536(1) and 120.54 to establish a procedure for the issuance 1078
and biennial renewal of licenses, including initial application 1079
and biennial renewal fees sufficient to cover the costs of 1080
implementing and administering this section. 1081
(b) Rules adopted pursuant to thi s section before July 1, 1082
2026, are not subject to ss. 120.54(3)(b) and 120.541. 1083
(c) This subsection expires July 1, 2026. 1084
Section 4. This act shall take effect July 1, 2025. 1085