Florida 2025 Regular Session

Florida House Bill H0555 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~CS/~~HB 555 2025
	3	+	HB 555 2025
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb555-~~01-c1~~
9		-	Page 1 of 2
	8	+	hb555-00
	9	+	Page 1 of 44
10	10		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
11	11
12	12
13	13
14	14		A bill to be entitled 1
15		-	An act relating to ~~medical marijuana use registry~~ 2
16		-	~~identification cards~~; amending s. 381.986, F.S.; 3
17		-	~~requiring~~ medical ~~marijuana use registry~~ 4
18		-	~~identification cards to be renewed biennially;~~ 5
19		-	~~prohibiting the Department of Health from charging a~~ 6
20		-	~~fee for~~ the issuance~~, replacement,~~ or renewal of an 7
21		-	~~identification card for an honorably discharged~~ 8
22		-	~~veteran~~; ~~providing requirements for proof of~~ 9
23		-	~~identification; providing~~ an ~~effective date.~~ 10
24		-	11
25		-	~~Be It Enacted by~~ the ~~Legislature~~ of the ~~State of Florida:~~ 12
26		-	13
27		-	~~Section 1.~~ ~~Paragraph (a) of subsection (7) of section~~ 14
28		-	~~381.986, Florida Statutes,~~ ~~is amended,~~ ~~and paragraph (f) is~~ 15
29		-	~~added~~ to ~~that subsection, to read:~~ 16
30		-	~~381.986 Medical~~ use ~~of marijuana.~~ — 17
31		-	~~(7) IDENTIFICATION CARDS.~~ — 18
32		-	~~(a) The department shall issue medical marijuana use~~ 19
33		-	~~registry identification cards~~ for ~~qualified patients and~~ 20
34		-	~~caregivers who are residents of this state, which must be~~ 21
35		-	~~renewed biennially annually.~~ ~~The identification cards must be~~ 22
36		-	~~resistant to counterfeiting and tampering and must include, at a~~ 23
37		-	~~minimum~~, ~~the following:~~ 24
38		-	1. The ~~name, address, and date of birth of the qualified~~ 25
	15	+	An act relating to marijuana; repealing ch. 1 of 2017 -2
	16	+	232, Laws of Florida; amending s. 381.986, F.S.; 3
	17	+	revising qualifying medical conditions to include a 4
	18	+	condition for which a patient is prescribed specified 5
	19	+	opioid drugs; revising examination requirements for 6
	20	+	the issuance or renewal of certification; revising the 7
	21	+	amount of supply limits a qualified physician may 8
	22	+	issue; revising the frequency at which a qualified 9
	23	+	physician must evaluate an existing qualified patient 10
	24	+	before issuing a new physician certificat ion; revising 11
	25	+	reasons the Department of Health may suspend the 12
	26	+	registration of a qualified physician; requiring 13
	27	+	medical marijuana use registry identifications cards 14
	28	+	to be renewed biennially; requiring the department to 15
	29	+	establish processes and procedures to issue medical 16
	30	+	marijuana use registry identification cards to, and to 17
	31	+	register as a visiting qualified patient, nonresidents 18
	32	+	under certain circumstances; providing requirements 19
	33	+	for such registration; providing a waiver of certain 20
	34	+	fees for certain veterans; authorizing certain persons 21
	35	+	to home cultivate a specified number of cannabis 22
	36	+	plants under specified circumstances; requiring 23
	37	+	rulemaking; providing penalties; creating s. 381.9861, 24
	38	+	F.S.; providing definitions; requiring the Department 25
39	39
40		-	~~CS/~~HB 555 2025
	40	+	HB 555 2025
41	41
42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb555-~~01-c1~~
46		-	Page 2 of 2
	45	+	hb555-00
	46	+	Page 2 of 44
47	47		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
48	48
49	49
50	50
51		-	patient or caregiver. 26
52		-	2. A full-face, passport-type, color photograph of the 27
53		-	qualified patient or caregiver taken within the 90 days 28
54		-	immediately preceding registration or the Florida dr iver license 29
55		-	or Florida identification card photograph of the qualified 30
56		-	patient or caregiver obtained directly from the Department of 31
57		-	Highway Safety and Motor Vehicles. 32
58		-	3. Identification as a qualified patient or a caregiver. 33
59		-	4. The unique numeric iden tifier used for the qualified 34
60		-	patient in the medical marijuana use registry. 35
61		-	5. For a caregiver, the name and unique numeric identifier 36
62		-	of the caregiver and the qualified patient or patients that the 37
63		-	caregiver is assisting. 38
64		-	6. The expiration date of th e identification card. 39
65		-	(f) The department may not charge a fee for the issuance, 40
66		-	replacement, or renewal of an identification card for a 41
67		-	qualified patient who is a veteran, as defined in s. 1.01(14), 42
68		-	if the veteran's DD-214 form is included with the appl ication 43
69		-	for the identification card. 44
70		-	Section 2. This act shall take effect July 1, 2025. 45
	51	+	of Health to authoriz e each medical marijuana 26
	52	+	treatment center to operate as a cultivator, 27
	53	+	processor, distributor, or retailer; requiring the 28
	54	+	department to initiate an application process to issue 29
	55	+	a specified number of certain licenses; providing 30
	56	+	requirements for an applicant for licensure as a 31
	57	+	marijuana licensee; providing requirements for 32
	58	+	modifications to a marijuana licensee's operations and 33
	59	+	ownership, and change of ownership; providing 34
	60	+	requirements for inspections by the department; 35
	61	+	authorizing the department to impose cert ain fees 36
	62	+	under certain circumstances; providing for preemption; 37
	63	+	providing penalties; prohibiting unlicensed activity 38
	64	+	by marijuana licensees; providing exceptions and 39
	65	+	applicability; requiring the department to deposit 40
	66	+	certain fines or fees into the Grants a nd Donations 41
	67	+	Trust Fund within the department; requiring rulemaking 42
	68	+	and providing for the expiration of such rulemaking 43
	69	+	authority; providing an effective date. 44
	70	+	45
	71	+	Be It Enacted by the Legislature of the State of Florida: 46
	72	+	47
	73	+	Section 1. Section 1 of chapter 2017-232, Laws of Florida, 48
	74	+	is repealed. 49
	75	+	Section 2. Subsections (9) through (17) of section 50
	76	+
	77	+	HB 555 2025
	78	+
	79	+
	80	+
	81	+	CODING: Words stricken are deletions; words underlined are additions.
	82	+	hb555-00
	83	+	Page 3 of 44
	84	+	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
	85	+
	86	+
	87	+
	88	+	381.986, Florida Statutes, are renumbered as subsections (10) 51
	89	+	through (18), respectively, paragraph (k) of subsection (2), 52
	90	+	paragraphs (a), (b), (f), (g), and (i) of subsection (4), 53
	91	+	paragraph (b) of subsection (6), and paragraphs (a) through (d) 54
	92	+	of subsection (7) are amended, and a new subsection (9) is added 55
	93	+	to that section, to read: 56
	94	+	381.986 Medical use of marijuana. — 57
	95	+	(2) QUALIFYING MEDICAL CONDITIONS. —A patient must be 58
	96	+	diagnosed with at least one of the following conditions to 59
	97	+	qualify to receive marijuana or a marijuana delivery device: 60
	98	+	(k) Medical conditions of the same kind or class as or 61
	99	+	comparable to those enumerated in paragraphs (a) -(j), or for 62
	100	+	which the patient is prescribed an opioid drug listed as a 63
	101	+	Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 64
	102	+	812. 65
	103	+	(4) PHYSICIAN CERTIFICATION. — 66
	104	+	(a) A qualified physician may issue a physician 67
	105	+	certification only if the qualified physician: 68
	106	+	1. Conducted an examination of the patient and a full 69
	107	+	assessment of the medical history of the patient. Before issuing 70
	108	+	or renewing a certification an initial certification to a 71
	109	+	patient, the qualified physician must conduct an in-person 72
	110	+	physical examination of the patient in-person or via. For 73
	111	+	certification renewals, a qualified physician who has issued a 74
	112	+	certification to a patient after conducting an in -person 75
	113	+
	114	+	HB 555 2025
	115	+
	116	+
	117	+
	118	+	CODING: Words stricken are deletions; words underlined are additions.
	119	+	hb555-00
	120	+	Page 4 of 44
	121	+	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
	122	+
	123	+
	124	+
	125	+	physical examination may conduct subsequent examinations of that 76
	126	+	patient through telehealth as defined in s. 456.47. For the 77
	127	+	purposes of this subparagraph, the term "in -person physical 78
	128	+	examination" means an examination conducted by a qualified 79
	129	+	physician while the physician is physically present in the same 80
	130	+	room as the patient. 81
	131	+	2. Diagnosed the patient with at least one qualifying 82
	132	+	medical condition. 83
	133	+	3. Determined that the medical use of marijuana would 84
	134	+	likely outweigh the potential health risks for the patient, and 85
	135	+	such determination must be documented in the patient's medical 86
	136	+	record. If a patient is y ounger than 18 years of age, a second 87
	137	+	physician must concur with this determination, and such 88
	138	+	concurrence must be documented in the patient's medical record. 89
	139	+	4. Determined whether the patient is pregnant and 90
	140	+	documented such determination in the patient's medical record. A 91
	141	+	physician may not issue a physician certification, except for 92
	142	+	low-THC cannabis, to a patient who is pregnant. 93
	143	+	5. Reviewed the patient's controlled drug prescription 94
	144	+	history in the prescription drug monitoring program database 95
	145	+	established pursuant to s. 893.055. 96
	146	+	6. Reviews the medical marijuana use registry and 97
	147	+	confirmed that the patient does not have an active physician 98
	148	+	certification from another qualified physician. 99
	149	+	7. Registers as the issuer of the physician certification 100
	150	+
	151	+	HB 555 2025
	152	+
	153	+
	154	+
	155	+	CODING: Words stricken are deletions; words underlined are additions.
	156	+	hb555-00
	157	+	Page 5 of 44
	158	+	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
	159	+
	160	+
	161	+
	162	+	for the named qualified patient on the medical marijuana use 101
	163	+	registry in an electronic manner determined by the department, 102
	164	+	and: 103
	165	+	a. Enters into the registry the contents of the physician 104
	166	+	certification, including the patient's qualifying condition and 105
	167	+	the dosage not to exceed the daily dose amount determined by the 106
	168	+	department, the amount and forms of marijuana authorized for the 107
	169	+	patient, and any types of marijuana delivery devices needed by 108
	170	+	the patient for the medical use of marijuana. 109
	171	+	b. Updates the registry wi thin 7 days after any change is 110
	172	+	made to the original physician certification to reflect such 111
	173	+	change. 112
	174	+	c. Deactivates the registration of the qualified patient 113
	175	+	and the patient's caregiver when the physician no longer 114
	176	+	recommends the medical use of marijuana for the patient. 115
	177	+	8. Obtains the voluntary and informed written consent of 116
	178	+	the patient for medical use of marijuana each time the qualified 117
	179	+	physician issues a physician certification for the patient, 118
	180	+	which shall be maintained in the patient's medical rec ord. The 119
	181	+	patient, or the patient's parent or legal guardian if the 120
	182	+	patient is a minor, must sign the informed consent acknowledging 121
	183	+	that the qualified physician has sufficiently explained its 122
	184	+	content. The qualified physician must use a standardized 123
	185	+	informed consent form adopted in rule by the Board of Medicine 124
	186	+	and the Board of Osteopathic Medicine, which must include, at a 125
	187	+
	188	+	HB 555 2025
	189	+
	190	+
	191	+
	192	+	CODING: Words stricken are deletions; words underlined are additions.
	193	+	hb555-00
	194	+	Page 6 of 44
	195	+	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
	196	+
	197	+
	198	+
	199	+	minimum, information related to: 126
	200	+	a. The Federal Government's classification of marijuana as 127
	201	+	a Schedule I controlled substance. 128
	202	+	b. The approval and oversight status of marijuana by the 129
	203	+	Food and Drug Administration. 130
	204	+	c. The current state of research on the efficacy of 131
	205	+	marijuana to treat the qualifying conditions set forth in this 132
	206	+	section. 133
	207	+	d. The potential for addiction. 134
	208	+	e. The potential effect that marijuana may have on a 135
	209	+	patient's coordination, motor skills, and cognition, including a 136
	210	+	warning against operating heavy machinery, operating a motor 137
	211	+	vehicle, or engaging in activities that require a person to be 138
	212	+	alert or respond quickly. 139
	213	+	f. The potential side effects of marijuana use, including 140
	214	+	the negative health risks associated with smoking marijuana. 141
	215	+	g. The risks, benefits, and drug interactions of 142
	216	+	marijuana. 143
	217	+	h. That the patient's deidentified health information 144
	218	+	contained in the physician certification and medical marijuana 145
	219	+	use registry may be used for research purposes. 146
	220	+	(b) If a qualified physician issues a physician 147
	221	+	certification for a qualified patient diagnosed with a 148
	222	+	qualifying medical condition pursuant to paragraph (2)(k) , the 149
	223	+	physician must submit the following to the applicable board 150
	224	+
	225	+	HB 555 2025
	226	+
	227	+
	228	+
	229	+	CODING: Words stricken are deletions; words underlined are additions.
	230	+	hb555-00
	231	+	Page 7 of 44
	232	+	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
	233	+
	234	+
	235	+
	236	+	within 14 days after issuing the physician certification: 151
	237	+	1. Documentation supporting the qualified physician's 152
	238	+	opinion that the medical condition is of the same kind or class 153
	239	+	as the conditions in paragraphs (2)(a) -(j), or for which the 154
	240	+	patient is prescribed an opioid drug listed as a Schedule II 155
	241	+	controlled substance in s. 893.03 or 21 U.S.C. s. 812 . 156
	242	+	2. Documentation that establishes the efficacy of 157
	243	+	marijuana as treatment for the conditio n. 158
	244	+	3. Documentation supporting the qualified physician's 159
	245	+	opinion that the benefits of medical use of marijuana would 160
	246	+	likely outweigh the potential health risks for the patient. 161
	247	+	4. Any other documentation as required by board rule. 162
	248	+	163
	249	+	The department must submit such documentation to the Consortium 164
	250	+	for Medical Marijuana Clinical Outcomes Research established 165
	251	+	pursuant to s. 1004.4351. 166
	252	+	(f) A qualified physician may not issue a physician 167
	253	+	certification for more than ten three 70-day supply limits of 168
	254	+	marijuana or more than twenty six 35-day supply limits of 169
	255	+	marijuana in a form for smoking. The department shall quantify 170
	256	+	by rule a daily dose amount with equivalent dose amounts for 171
	257	+	each allowable form of marijuana dispensed by a medical 172
	258	+	marijuana treatment center. The department shall use the daily 173
	259	+	dose amount to calculate a 70 -day supply. 174
	260	+	1. A qualified physician may request an exception to the 175
	261	+
	262	+	HB 555 2025
	263	+
	264	+
	265	+
	266	+	CODING: Words stricken are deletions; words underlined are additions.
	267	+	hb555-00
	268	+	Page 8 of 44
	269	+	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
	270	+
	271	+
	272	+
	273	+	daily dose amount limit, the 35 -day supply limit of marijuana in 176
	274	+	a form for smoking, and the 4 -ounce possession limit o f 177
	275	+	marijuana in a form for smoking established in paragraph (15)(a) 178
	276	+	(14)(a). The request shall be made electronically on a form 179
	277	+	adopted by the department in rule and must include, at a 180
	278	+	minimum: 181
	279	+	a. The qualified patient's qualifying medical condition. 182
	280	+	b. The dosage and route of administration that was 183
	281	+	insufficient to provide relief to the qualified patient. 184
	282	+	c. A description of how the patient will benefit from an 185
	283	+	increased amount. 186
	284	+	d. The minimum daily dose amount of marijuana that would 187
	285	+	be sufficient for the treatment of the qualified patient's 188
	286	+	qualifying medical condition. 189
	287	+	2. A qualified physician must provide the qualified 190
	288	+	patient's records upon the request of the department. 191
	289	+	3. The department shall approve or disapprove the request 192
	290	+	within 14 days after receipt of the complete documentation 193
	291	+	required by this paragraph. The request shall be deemed approved 194
	292	+	if the department fails to act within this time period. 195
	293	+	(g) A qualified physician must evaluate an existing 196
	294	+	qualified patient at least once every 104 30 weeks before 197
	295	+	issuing a new physician certification. A qualified physician who 198
	296	+	has issued a certification to the patient after conducting an 199
	297	+	in-person physical examination as defined in subparagraph (a)1. 200
	298	+
	299	+	HB 555 2025
	300	+
	301	+
	302	+
	303	+	CODING: Words stricken are deletions; words underlined are additions.
	304	+	hb555-00
	305	+	Page 9 of 44
	306	+	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
	307	+
	308	+
	309	+
	310	+	may conduct the evaluation through telehealth as defined in s. 201
	311	+	456.47. A physician must: 202
	312	+	1. Determine if the patient still meets the requirements 203
	313	+	to be issued a physician certification under paragraph (a). 204
	314	+	2. Identify and document in the qualified patient's 205
	315	+	medical records whether the qualified patient experienced either 206
	316	+	of the following related to the medical use of marijuana: 207
	317	+	a. An adverse drug interaction with any prescription or 208
	318	+	nonprescription medicat ion; or 209
	319	+	b. A reduction in the use of, or dependence on, other 210
	320	+	types of controlled substances as defined in s. 893.02. 211
	321	+	3. Submit a report with the findings required pursuant to 212
	322	+	subparagraph 2. to the department. The department shall submit 213
	323	+	such reports to the Consortium for Medical Marijuana Clinical 214
	324	+	Outcomes Research established pursuant to s. 1004.4351. 215
	325	+	(i) The department shall monitor physician registration in 216
	326	+	the medical marijuana use registry and the issuance of physician 217
	327	+	certifications for practi ces that could facilitate unlawful 218
	328	+	diversion or misuse of marijuana or a marijuana delivery device 219
	329	+	and shall take disciplinary action as appropriate. The 220
	330	+	department may suspend the registration of a qualified physician 221
	331	+	in the medical marijuana use registry for a period of up to 2 222
	332	+	years if the qualified physician : 223
	333	+	1. fails to comply with this section ; or 224
	334	+	2. Provides, advertises, or markets telehealth services 225
	335	+
	336	+	HB 555 2025
	337	+
	338	+
	339	+
	340	+	CODING: Words stricken are deletions; words underlined are additions.
	341	+	hb555-00
	342	+	Page 10 of 44
	343	+	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
	344	+
	345	+
	346	+
	347	+	before July 1, 2023. 226
	348	+	(6) CAREGIVERS.— 227
	349	+	(b) A caregiver must: 228
	350	+	1. Not be a qualified physicia n and not be employed by or 229
	351	+	have an economic interest in a medical marijuana treatment 230
	352	+	center or a marijuana testing laboratory. 231
	353	+	2. Be 21 years of age or older and a resident of this 232
	354	+	state. 233
	355	+	3. Agree in writing to assist with the qualified patient's 234
	356	+	medical use of marijuana. 235
	357	+	4. Be registered in the medical marijuana use registry as 236
	358	+	a caregiver for no more than one qualified patient, except as 237
	359	+	provided in this paragraph. 238
	360	+	5. Successfully complete a caregiver certification course 239
	361	+	developed and administe red by the department or its designee, 240
	362	+	which must be renewed biennially. The price of the course may 241
	363	+	not exceed $100. 242
	364	+	6. Pass a background screening pursuant to subsection (10) 243
	365	+	(9), unless the patient is a close relative of the caregiver. 244
	366	+	(7) IDENTIFICATION CARDS.— 245
	367	+	(a) The department shall issue medical marijuana use 246
	368	+	registry identification cards for qualified patients and 247
	369	+	caregivers who are residents of this state, which must be 248
	370	+	renewed biennially. Additionally, the department shall establish 249
	371	+	processes and procedures to issue medical marijuana use registry 250
	372	+
	373	+	HB 555 2025
	374	+
	375	+
	376	+
	377	+	CODING: Words stricken are deletions; words underlined are additions.
	378	+	hb555-00
	379	+	Page 11 of 44
	380	+	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
	381	+
	382	+
	383	+
	384	+	identification cards to, and to register as a visiting qualified 251
	385	+	patient, nonresidents who are actively enrolled in the medical 252
	386	+	cannabis program of another jurisdiction recognized by the 253
	387	+	department within 1 business day after application for 254
	388	+	registration. A visiting qualified patient may engage in all 255
	389	+	conduct authorized for a qualified patient annually. The 256
	390	+	identification cards must be resistant to counterfeiting and 257
	391	+	tampering and must include, at a minimum, the following: 258
	392	+	1. The name, address, and date of birth of the qualified 259
	393	+	patient or caregiver. 260
	394	+	2. A full-face, passport-type, color photograph of the 261
	395	+	qualified patient or caregiver taken within the 90 days 262
	396	+	immediately preceding registration or the Florida driver license 263
	397	+	or Florida identification card photograph of the qualified 264
	398	+	patient or caregiver obtained directly from the Department of 265
	399	+	Highway Safety and Motor Vehicles. 266
	400	+	3. Identification as a qualified patient or a caregiver. 267
	401	+	4. The unique numeric identifier used for the qualified 268
	402	+	patient in the medical marijuana use registry. 269
	403	+	5. For a caregiver, the name and unique numeric identifier 270
	404	+	of the caregiver and the qualified patient or patients that the 271
	405	+	caregiver is assisting. 272
	406	+	6. The expiration date of the identification card. 273
	407	+	(b) The department must receive written consent from a 274
	408	+	qualified patient's parent or legal guardian before it may issue 275
	409	+
	410	+	HB 555 2025
	411	+
	412	+
	413	+
	414	+	CODING: Words stricken are deletions; words underlined are additions.
	415	+	hb555-00
	416	+	Page 12 of 44
	417	+	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
	418	+
	419	+
	420	+
	421	+	an identification card to a qualified patient who is a minor. 276
	422	+	(c) The department shall adopt ru les pursuant to ss. 277
	423	+	120.536(1) and 120.54 establishing procedures for the issuance, 278
	424	+	renewal, suspension, replacement, surrender, and revocation of 279
	425	+	medical marijuana use registry identification cards pursuant to 280
	426	+	this section and shall begin issuing qualifie d patient 281
	427	+	identification cards by October 3, 2017. 282
	428	+	(d) Applications for identification cards must be 283
	429	+	submitted on a form prescribed by the department. The department 284
	430	+	may charge a reasonable fee associated with the issuance, 285
	431	+	replacement, and renewal of id entification cards. However, all 286
	432	+	such fees shall be waived for any veteran who was honorably 287
	433	+	discharged from the United States Armed Forces. The department 288
	434	+	shall allocate $10 of the identification card fee to the 289
	435	+	Division of Research at Florida Agricultura l and Mechanical 290
	436	+	University for the purpose of educating minorities about 291
	437	+	marijuana for medical use and the impact of the unlawful use of 292
	438	+	marijuana on minority communities. The department shall contract 293
	439	+	with a third-party vendor to issue identification car ds. The 294
	440	+	vendor selected by the department must have experience 295
	441	+	performing similar functions for other state agencies. 296
	442	+	(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 297
	443	+	(b) An applicant for licensure as a medical marijuana 298
	444	+	treatment center shall apply to the department on a form 299
	445	+	prescribed by the department and adopted in rule. The department 300
	446	+
	447	+	HB 555 2025
	448	+
	449	+
	450	+
	451	+	CODING: Words stricken are deletions; words underlined are additions.
	452	+	hb555-00
	453	+	Page 13 of 44
	454	+	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
	455	+
	456	+
	457	+
	458	+	shall adopt rules pursuant to ss. 120.536(1) and 120.54 301
	459	+	establishing a procedur e for the issuance and biennial renewal 302
	460	+	of licenses, including initial application and biennial renewal 303
	461	+	fees sufficient to cover the costs of implementing and 304
	462	+	administering this section, and establishing supplemental 305
	463	+	licensure fees for payment beginning Ma y 1, 2018, sufficient to 306
	464	+	cover the costs of administering ss. 381.989 and 1004.4351. The 307
	465	+	department shall identify applicants with strong diversity plans 308
	466	+	reflecting this state's commitment to diversity and implement 309
	467	+	training programs and other educational programs to enable 310
	468	+	minority persons and minority business enterprises, as defined 311
	469	+	in s. 288.703, and veteran business enterprises, as defined in 312
	470	+	s. 295.187, to compete for medical marijuana treatment center 313
	471	+	licensure and contracts. Subject to the requireme nts in 314
	472	+	subparagraphs (a)2.-4., the department shall issue a license to 315
	473	+	an applicant if the applicant meets the requirements of this 316
	474	+	section and pays the initial application fee. The department 317
	475	+	shall renew the licensure of a medical marijuana treatment 318
	476	+	center biennially if the licensee meets the requirements of this 319
	477	+	section and pays the biennial renewal fee. However, the 320
	478	+	department may not renew the license of a medical marijuana 321
	479	+	treatment center that has not begun to cultivate, process, and 322
	480	+	dispense marijuana by the date that the medical marijuana 323
	481	+	treatment center is required to renew its license. An individual 324
	482	+	may not be an applicant, owner, officer, board member, or 325
	483	+
	484	+	HB 555 2025
	485	+
	486	+
	487	+
	488	+	CODING: Words stricken are deletions; words underlined are additions.
	489	+	hb555-00
	490	+	Page 14 of 44
	491	+	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
	492	+
	493	+
	494	+
	495	+	manager on more than one application for licensure as a medical 326
	496	+	marijuana treatment center. An individual or entity may not be 327
	497	+	awarded more than one license as a medical marijuana treatment 328
	498	+	center. An applicant for licensure as a medical marijuana 329
	499	+	treatment center must demonstrate: 330
	500	+	1. That, for the 5 consecutive years before submitting the 331
	501	+	application, the applicant has been registered to do business in 332
	502	+	the state. 333
	503	+	2. Possession of a valid certificate of registration 334
	504	+	issued by the Department of Agriculture and Consumer Services 335
	505	+	pursuant to s. 581.131. 336
	506	+	3. The technical and technological abili ty to cultivate 337
	507	+	and produce marijuana, including, but not limited to, low -THC 338
	508	+	cannabis. 339
	509	+	4. The ability to secure the premises, resources, and 340
	510	+	personnel necessary to operate as a medical marijuana treatment 341
	511	+	center. 342
	512	+	5. The ability to maintain accountabil ity of all raw 343
	513	+	materials, finished products, and any byproducts to prevent 344
	514	+	diversion or unlawful access to or possession of these 345
	515	+	substances. 346
	516	+	6. An infrastructure reasonably located to dispense 347
	517	+	marijuana to registered qualified patients statewide or 348
	518	+	regionally as determined by the department. 349
	519	+	7. The financial ability to maintain operations for the 350
	520	+
	521	+	HB 555 2025
	522	+
	523	+
	524	+
	525	+	CODING: Words stricken are deletions; words underlined are additions.
	526	+	hb555-00
	527	+	Page 15 of 44
	528	+	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
	529	+
	530	+
	531	+
	532	+	duration of the 2-year approval cycle, including the provision 351
	533	+	of certified financial statements to the department. 352
	534	+	a. Upon approval, the applicant must pos t a $5 million 353
	535	+	performance bond issued by an authorized surety insurance 354
	536	+	company rated in one of the three highest rating categories by a 355
	537	+	nationally recognized rating service. However, a medical 356
	538	+	marijuana treatment center serving at least 1,000 qualified 357
	539	+	patients is only required to maintain a $2 million performance 358
	540	+	bond. 359
	541	+	b. In lieu of the performance bond required under sub -360
	542	+	subparagraph a., the applicant may provide an irrevocable letter 361
	543	+	of credit payable to the department or provide cash to the 362
	544	+	department. If provided with cash under this sub -subparagraph, 363
	545	+	the department shall deposit the cash in the Grants and 364
	546	+	Donations Trust Fund within the Department of Health, subject to 365
	547	+	the same conditions as the bond regarding requirements for the 366
	548	+	applicant to forfeit ownership of the funds. If the funds 367
	549	+	deposited under this sub -subparagraph generate interest, the 368
	550	+	amount of that interest shall be used by the department for the 369
	551	+	administration of this section. 370
	552	+	8. That all owners, officers, board members, and manager s 371
	553	+	have passed a background screening pursuant to subsection (10) 372
	554	+	(9). 373
	555	+	9. The employment of a medical director to supervise the 374
	556	+	activities of the medical marijuana treatment center. 375
	557	+
	558	+	HB 555 2025
	559	+
	560	+
	561	+
	562	+	CODING: Words stricken are deletions; words underlined are additions.
	563	+	hb555-00
	564	+	Page 16 of 44
	565	+	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
	566	+
	567	+
	568	+
	569	+	10. A diversity plan that promotes and ensures the 376
	570	+	involvement of minor ity persons and minority business 377
	571	+	enterprises, as defined in s. 288.703, or veteran business 378
	572	+	enterprises, as defined in s. 295.187, in ownership, management, 379
	573	+	and employment. An applicant for licensure renewal must show the 380
	574	+	effectiveness of the diversity pl an by including the following 381
	575	+	with his or her application for renewal: 382
	576	+	a. Representation of minority persons and veterans in the 383
	577	+	medical marijuana treatment center's workforce; 384
	578	+	b. Efforts to recruit minority persons and veterans for 385
	579	+	employment; and 386
	580	+	c. A record of contracts for services with minority 387
	581	+	business enterprises and veteran business enterprises. 388
	582	+	(e) A licensed medical marijuana treatment center shall 389
	583	+	cultivate, process, transport, and dispense marijuana for 390
	584	+	medical use. A licensed medical ma rijuana treatment center may 391
	585	+	not contract for services directly related to the cultivation, 392
	586	+	processing, and dispensing of marijuana or marijuana delivery 393
	587	+	devices, except that a medical marijuana treatment center 394
	588	+	licensed pursuant to subparagraph (a)1. may contract with a 395
	589	+	single entity for the cultivation, processing, transporting, and 396
	590	+	dispensing of marijuana and marijuana delivery devices. A 397
	591	+	licensed medical marijuana treatment center must, at all times, 398
	592	+	maintain compliance with the criteria demonstrated an d 399
	593	+	representations made in the initial application and the criteria 400
	594	+
	595	+	HB 555 2025
	596	+
	597	+
	598	+
	599	+	CODING: Words stricken are deletions; words underlined are additions.
	600	+	hb555-00
	601	+	Page 17 of 44
	602	+	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
	603	+
	604	+
	605	+
	606	+	established in this subsection. Upon request, the department may 401
	607	+	grant a medical marijuana treatment center a variance from the 402
	608	+	representations made in the initial application. Consideratio n 403
	609	+	of such a request shall be based upon the individual facts and 404
	610	+	circumstances surrounding the request. A variance may not be 405
	611	+	granted unless the requesting medical marijuana treatment center 406
	612	+	can demonstrate to the department that it has a proposed 407
	613	+	alternative to the specific representation made in its 408
	614	+	application which fulfills the same or a similar purpose as the 409
	615	+	specific representation in a way that the department can 410
	616	+	reasonably determine will not be a lower standard than the 411
	617	+	specific representation in th e application. A variance may not 412
	618	+	be granted from the requirements in subparagraph 2. and 413
	619	+	subparagraphs (b)1. and 2. 414
	620	+	1. A licensed medical marijuana treatment center may 415
	621	+	transfer ownership to an individual or entity who meets the 416
	622	+	requirements of this sec tion. A publicly traded corporation or 417
	623	+	publicly traded company that meets the requirements of this 418
	624	+	section is not precluded from ownership of a medical marijuana 419
	625	+	treatment center. To accommodate a change in ownership: 420
	626	+	a. The licensed medical marijuana tr eatment center shall 421
	627	+	notify the department in writing at least 60 days before the 422
	628	+	anticipated date of the change of ownership. 423
	629	+	b. The individual or entity applying for initial licensure 424
	630	+	due to a change of ownership must submit an application that 425
	631	+
	632	+	HB 555 2025
	633	+
	634	+
	635	+
	636	+	CODING: Words stricken are deletions; words underlined are additions.
	637	+	hb555-00
	638	+	Page 18 of 44
	639	+	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
	640	+
	641	+
	642	+
	643	+	must be received by the department at least 60 days before the 426
	644	+	date of change of ownership. 427
	645	+	c. Upon receipt of an application for a license, the 428
	646	+	department shall examine the application and, within 30 days 429
	647	+	after receipt, notify the applicant in writing of any a pparent 430
	648	+	errors or omissions and request any additional information 431
	649	+	required. 432
	650	+	d. Requested information omitted from an application for 433
	651	+	licensure must be filed with the department within 21 days after 434
	652	+	the department's request for omitted information or the 435
	653	+	application shall be deemed incomplete and shall be withdrawn 436
	654	+	from further consideration and the fees shall be forfeited. 437
	655	+	e. Within 30 days after the receipt of a complete 438
	656	+	application, the department shall approve or deny the 439
	657	+	application. 440
	658	+	2. A medical marijuana treatment center, and any 441
	659	+	individual or entity who directly or indirectly owns, controls, 442
	660	+	or holds with power to vote 5 percent or more of the voting 443
	661	+	shares of a medical marijuana treatment center, may not acquire 444
	662	+	direct or indirect ownership or control of any voting shares or 445
	663	+	other form of ownership of any other medical marijuana treatment 446
	664	+	center. 447
	665	+	3. A medical marijuana treatment center may not enter into 448
	666	+	any form of profit-sharing arrangement with the property owner 449
	667	+	or lessor of any of its fa cilities where cultivation, 450
	668	+
	669	+	HB 555 2025
	670	+
	671	+
	672	+
	673	+	CODING: Words stricken are deletions; words underlined are additions.
	674	+	hb555-00
	675	+	Page 19 of 44
	676	+	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
	677	+
	678	+
	679	+
	680	+	processing, storing, or dispensing of marijuana and marijuana 451
	681	+	delivery devices occurs. 452
	682	+	4. All employees of a medical marijuana treatment center 453
	683	+	must be 21 years of age or older and have passed a background 454
	684	+	screening pursuant t o subsection (10) (9). 455
	685	+	5. Each medical marijuana treatment center must adopt and 456
	686	+	enforce policies and procedures to ensure employees and 457
	687	+	volunteers receive training on the legal requirements to 458
	688	+	dispense marijuana to qualified patients. 459
	689	+	6. When growing marijuana, a medical marijuana treatment 460
	690	+	center: 461
	691	+	a. May use pesticides determined by the department, after 462
	692	+	consultation with the Department of Agriculture and Consumer 463
	693	+	Services, to be safely applied to plants intended for human 464
	694	+	consumption, but may not u se pesticides designated as 465
	695	+	restricted-use pesticides pursuant to s. 487.042. 466
	696	+	b. Must grow marijuana within an enclosed structure and in 467
	697	+	a room separate from any other plant. 468
	698	+	c. Must inspect seeds and growing plants for plant pests 469
	699	+	that endanger or threaten the horticultural and agricultural 470
	700	+	interests of the state in accordance with chapter 581 and any 471
	701	+	rules adopted thereunder. 472
	702	+	d. Must perform fumigation or treatment of plants, or 473
	703	+	remove and destroy infested or infected plants, in accordance 474
	704	+	with chapter 581 and any rules adopted thereunder. 475
	705	+
	706	+	HB 555 2025
	707	+
	708	+
	709	+
	710	+	CODING: Words stricken are deletions; words underlined are additions.
	711	+	hb555-00
	712	+	Page 20 of 44
	713	+	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
	714	+
	715	+
	716	+
	717	+	7. Each medical marijuana treatment center must produce 476
	718	+	and make available for purchase at least one low -THC cannabis 477
	719	+	product. 478
	720	+	8. A medical marijuana treatment center that produces 479
	721	+	edibles must hold a permit to operate as a food establishment 480
	722	+	pursuant to chapter 500, the Florida Food Safety Act, and must 481
	723	+	comply with all the requirements for food establishments 482
	724	+	pursuant to chapter 500 and any rules adopted thereunder. 483
	725	+	Edibles may not contain more than 200 mill igrams of 484
	726	+	tetrahydrocannabinol, and a single serving portion of an edible 485
	727	+	may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 486
	728	+	may have a potency variance of no greater than 15 percent. 487
	729	+	Marijuana products, including edibles, may not be attractive to 488
	730	+	children; be manufactured in the shape of humans, cartoons, or 489
	731	+	animals; be manufactured in a form that bears any reasonable 490
	732	+	resemblance to products available for consumption as 491
	733	+	commercially available candy; or contain any color additives. To 492
	734	+	discourage consumption of edibles by children, the department 493
	735	+	shall determine by rule any shapes, forms, and ingredients 494
	736	+	allowed and prohibited for edibles. Medical marijuana treatment 495
	737	+	centers may not begin processing or dispensing edibles until 496
	738	+	after the effective d ate of the rule. The department shall also 497
	739	+	adopt sanitation rules providing the standards and requirements 498
	740	+	for the storage, display, or dispensing of edibles. 499
	741	+	9. Within 12 months after licensure, a medical marijuana 500
	742	+
	743	+	HB 555 2025
	744	+
	745	+
	746	+
	747	+	CODING: Words stricken are deletions; words underlined are additions.
	748	+	hb555-00
	749	+	Page 21 of 44
	750	+	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
	751	+
	752	+
	753	+
	754	+	treatment center must demonstrate to t he department that all of 501
	755	+	its processing facilities have passed a Food Safety Good 502
	756	+	Manufacturing Practices, such as Global Food Safety Initiative 503
	757	+	or equivalent, inspection by a nationally accredited certifying 504
	758	+	body. A medical marijuana treatment center mus t immediately stop 505
	759	+	processing at any facility which fails to pass this inspection 506
	760	+	until it demonstrates to the department that such facility has 507
	761	+	met this requirement. 508
	762	+	10. A medical marijuana treatment center that produces 509
	763	+	prerolled marijuana cigarettes m ay not use wrapping paper made 510
	764	+	with tobacco or hemp. 511
	765	+	11. When processing marijuana, a medical marijuana 512
	766	+	treatment center must: 513
	767	+	a. Process the marijuana within an enclosed structure and 514
	768	+	in a room separate from other plants or products. 515
	769	+	b. Comply with department rules when processing marijuana 516
	770	+	with hydrocarbon solvents or other solvents or gases exhibiting 517
	771	+	potential toxicity to humans. The department shall determine by 518
	772	+	rule the requirements for medical marijuana treatment centers to 519
	773	+	use such solvents or gases exhibiting potential toxicity to 520
	774	+	humans. 521
	775	+	c. Comply with federal and state laws and regulations and 522
	776	+	department rules for solid and liquid wastes. The department 523
	777	+	shall determine by rule procedures for the storage, handling, 524
	778	+	transportation, managemen t, and disposal of solid and liquid 525
	779	+
	780	+	HB 555 2025
	781	+
	782	+
	783	+
	784	+	CODING: Words stricken are deletions; words underlined are additions.
	785	+	hb555-00
	786	+	Page 22 of 44
	787	+	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
	788	+
	789	+
	790	+
	791	+	waste generated during marijuana production and processing. The 526
	792	+	Department of Environmental Protection shall assist the 527
	793	+	department in developing such rules. 528
	794	+	d. Test the processed marijuana using a medical marijuana 529
	795	+	testing laboratory before it is dispensed. Results must be 530
	796	+	verified and signed by two medical marijuana treatment center 531
	797	+	employees. Before dispensing, the medical marijuana treatment 532
	798	+	center must determine that the test results indicate that low -533
	799	+	THC cannabis meets the definition of low -THC cannabis, the 534
	800	+	concentration of tetrahydrocannabinol meets the potency 535
	801	+	requirements of this section, the labeling of the concentration 536
	802	+	of tetrahydrocannabinol and cannabidiol is accurate, and all 537
	803	+	marijuana is safe for human co nsumption and free from 538
	804	+	contaminants that are unsafe for human consumption. The 539
	805	+	department shall determine by rule which contaminants must be 540
	806	+	tested for and the maximum levels of each contaminant which are 541
	807	+	safe for human consumption. The Department of Agri culture and 542
	808	+	Consumer Services shall assist the department in developing the 543
	809	+	testing requirements for contaminants that are unsafe for human 544
	810	+	consumption in edibles. The department shall also determine by 545
	811	+	rule the procedures for the treatment of marijuana th at fails to 546
	812	+	meet the testing requirements of this section, s. 381.988, or 547
	813	+	department rule. The department may select samples of marijuana 548
	814	+	from a medical marijuana treatment center facility which shall 549
	815	+	be tested by the department to determine whether the ma rijuana 550
	816	+
	817	+	HB 555 2025
	818	+
	819	+
	820	+
	821	+	CODING: Words stricken are deletions; words underlined are additions.
	822	+	hb555-00
	823	+	Page 23 of 44
	824	+	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
	825	+
	826	+
	827	+
	828	+	meets the potency requirements of this section, is safe for 551
	829	+	human consumption, and is accurately labeled with the 552
	830	+	tetrahydrocannabinol and cannabidiol concentration or to verify 553
	831	+	the result of marijuana testing conducted by a marijuana testing 554
	832	+	laboratory. The department may also select samples of marijuana 555
	833	+	delivery devices from a medical marijuana treatment center to 556
	834	+	determine whether the marijuana delivery device is safe for use 557
	835	+	by qualified patients. A medical marijuana treatment center may 558
	836	+	not require payment from the department for the sample. A 559
	837	+	medical marijuana treatment center must recall marijuana, 560
	838	+	including all marijuana and marijuana products made from the 561
	839	+	same batch of marijuana, that fails to meet the potency 562
	840	+	requirements of this section, that is unsafe for human 563
	841	+	consumption, or for which the labeling of the 564
	842	+	tetrahydrocannabinol and cannabidiol concentration is 565
	843	+	inaccurate. The department shall adopt rules to establish 566
	844	+	marijuana potency variations of no greater than 15 percent using 567
	845	+	negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts 568
	846	+	for, but is not limited to, time lapses between testing, testing 569
	847	+	methods, testing instruments, and types of marijuana sampled for 570
	848	+	testing. The department may not issue any recalls for product 571
	849	+	potency as it relates to product labeling before issuing a rule 572
	850	+	relating to potency variation standards. A medical marijuana 573
	851	+	treatment center must also recall all marijuana delivery devices 574
	852	+	determined to be unsafe for use by qualified patients. The 575
	853	+
	854	+	HB 555 2025
	855	+
	856	+
	857	+
	858	+	CODING: Words stricken are deletions; words underlined are additions.
	859	+	hb555-00
	860	+	Page 24 of 44
	861	+	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
	862	+
	863	+
	864	+
	865	+	medical marijuana treatment center must retain records of all 576
	866	+	testing and samples of each homogeneous batch of marijuana for 577
	867	+	at least 9 months. The medical marijuana treatment center must 578
	868	+	contract with a marijuana testing laboratory to perform audits 579
	869	+	on the medical marijuana treatment center's standard operating 580
	870	+	procedures, testing records, and samples and provide the results 581
	871	+	to the department to confirm that the marijuana or low -THC 582
	872	+	cannabis meets the requirements of this section and that the 583
	873	+	marijuana or low-THC cannabis is safe for human consumption. A 584
	874	+	medical marijuana treatment center shall reserve two processed 585
	875	+	samples from each batch and retain such samples for at least 9 586
	876	+	months for the purpose of such audits. A medical marijuana 587
	877	+	treatment center may use a laborato ry that has not been 588
	878	+	certified by the department under s. 381.988 until such time as 589
	879	+	at least one laboratory holds the required certification, but in 590
	880	+	no event later than July 1, 2018. 591
	881	+	e. Package the marijuana in compliance with the United 592
	882	+	States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 593
	883	+	1471 et seq. 594
	884	+	f. Package the marijuana in a receptacle that has a firmly 595
	885	+	affixed and legible label stating the following information: 596
	886	+	(I) The marijuana or low -THC cannabis meets the 597
	887	+	requirements of sub-subparagraph d. 598
	888	+	(II) The name of the medical marijuana treatment center 599
	889	+	from which the marijuana originates. 600
	890	+
	891	+	HB 555 2025
	892	+
	893	+
	894	+
	895	+	CODING: Words stricken are deletions; words underlined are additions.
	896	+	hb555-00
	897	+	Page 25 of 44
	898	+	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
	899	+
	900	+
	901	+
	902	+	(III) The batch number and harvest number from which the 601
	903	+	marijuana originates and the date dispensed. 602
	904	+	(IV) The name of the physician who issued t he physician 603
	905	+	certification. 604
	906	+	(V) The name of the patient. 605
	907	+	(VI) The product name, if applicable, and dosage form, 606
	908	+	including concentration of tetrahydrocannabinol and cannabidiol. 607
	909	+	The product name may not contain wording commonly associated 608
	910	+	with products that are attractive to children or which promote 609
	911	+	the recreational use of marijuana. 610
	912	+	(VII) The recommended dose. 611
	913	+	(VIII) A warning that it is illegal to transfer medical 612
	914	+	marijuana to another person. 613
	915	+	(IX) A marijuana universal symbol developed by the 614
	916	+	department. 615
	917	+	12. The medical marijuana treatment center shall include 616
	918	+	in each package a patient package insert with information on the 617
	919	+	specific product dispensed related to: 618
	920	+	a. Clinical pharmacology. 619
	921	+	b. Indications and use. 620
	922	+	c. Dosage and administratio n. 621
	923	+	d. Dosage forms and strengths. 622
	924	+	e. Contraindications. 623
	925	+	f. Warnings and precautions. 624
	926	+	g. Adverse reactions. 625
	927	+
	928	+	HB 555 2025
	929	+
	930	+
	931	+
	932	+	CODING: Words stricken are deletions; words underlined are additions.
	933	+	hb555-00
	934	+	Page 26 of 44
	935	+	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
	936	+
	937	+
	938	+
	939	+	13. In addition to the packaging and labeling requirements 626
	940	+	specified in subparagraphs 11. and 12., marijuana in a form for 627
	941	+	smoking must be packaged in a sealed receptacle with a legible 628
	942	+	and prominent warning to keep away from children and a warning 629
	943	+	that states marijuana smoke contains carcinogens and may 630
	944	+	negatively affect health. Such receptacles for marijuana in a 631
	945	+	form for smoking must be pl ain, opaque, and white without 632
	946	+	depictions of the product or images other than the medical 633
	947	+	marijuana treatment center's department -approved logo and the 634
	948	+	marijuana universal symbol. 635
	949	+	14. The department shall adopt rules to regulate the 636
	950	+	types, appearance, an d labeling of marijuana delivery devices 637
	951	+	dispensed from a medical marijuana treatment center. The rules 638
	952	+	must require marijuana delivery devices to have an appearance 639
	953	+	consistent with medical use. 640
	954	+	15. Each edible must be individually sealed in plain, 641
	955	+	opaque wrapping marked only with the marijuana universal symbol. 642
	956	+	Where practical, each edible must be marked with the marijuana 643
	957	+	universal symbol. In addition to the packaging and labeling 644
	958	+	requirements in subparagraphs 11. and 12., edible receptacles 645
	959	+	must be plain, opaque, and white without depictions of the 646
	960	+	product or images other than the medical marijuana treatment 647
	961	+	center's department-approved logo and the marijuana universal 648
	962	+	symbol. The receptacle must also include a list of all the 649
	963	+	edible's ingredients, stor age instructions, an expiration date, 650
	964	+
	965	+	HB 555 2025
	966	+
	967	+
	968	+
	969	+	CODING: Words stricken are deletions; words underlined are additions.
	970	+	hb555-00
	971	+	Page 27 of 44
	972	+	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
	973	+
	974	+
	975	+
	976	+	a legible and prominent warning to keep away from children and 651
	977	+	pets, and a warning that the edible has not been produced or 652
	978	+	inspected pursuant to federal food safety laws. 653
	979	+	16. When dispensing marijuana or a marijuana delivery 654
	980	+	device, a medical marijuana treatment center: 655
	981	+	a. May dispense any active, valid order for low -THC 656
	982	+	cannabis, medical cannabis and cannabis delivery devices issued 657
	983	+	pursuant to former s. 381.986, Florida Statutes 2016, which was 658
	984	+	entered into the medical marijuana use registry before July 1, 659
	985	+	2017. 660
	986	+	b. May not dispense more than a 70 -day supply of marijuana 661
	987	+	within any 70-day period to a qualified patient or caregiver. 662
	988	+	May not dispense more than one 35 -day supply of marijuana in a 663
	989	+	form for smoking within any 35-day period to a qualified patient 664
	990	+	or caregiver. A 35-day supply of marijuana in a form for smoking 665
	991	+	may not exceed 2.5 ounces unless an exception to this amount is 666
	992	+	approved by the department pursuant to paragraph (4)(f). 667
	993	+	c. Must have the medic al marijuana treatment center's 668
	994	+	employee who dispenses the marijuana or a marijuana delivery 669
	995	+	device enter into the medical marijuana use registry his or her 670
	996	+	name or unique employee identifier. 671
	997	+	d. Must verify that the qualified patient and the 672
	998	+	caregiver, if applicable, each have an active registration in 673
	999	+	the medical marijuana use registry and an active and valid 674
	1000	+	medical marijuana use registry identification card, the amount 675
	1001	+
	1002	+	HB 555 2025
	1003	+
	1004	+
	1005	+
	1006	+	CODING: Words stricken are deletions; words underlined are additions.
	1007	+	hb555-00
	1008	+	Page 28 of 44
	1009	+	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
	1010	+
	1011	+
	1012	+
	1013	+	and type of marijuana dispensed matches the physician 676
	1014	+	certification in the medical marijuana use registry for that 677
	1015	+	qualified patient, and the physician certification has not 678
	1016	+	already been filled. 679
	1017	+	e. May not dispense marijuana to a qualified patient who 680
	1018	+	is younger than 18 years of age. If the qualified patient is 681
	1019	+	younger than 18 years of age, marijuana may only be dispensed to 682
	1020	+	the qualified patient's caregiver. 683
	1021	+	f. May not dispense or sell any other type of cannabis, 684
	1022	+	alcohol, or illicit drug -related product, including pipes or 685
	1023	+	wrapping papers made with tobacco or hemp, other than a 686
	1024	+	marijuana delivery device required for the medical use of 687
	1025	+	marijuana and which is specified in a physician certification. 688
	1026	+	g. Must, upon dispensing the marijuana or marijuana 689
	1027	+	delivery device, record in the registry the date, time, 690
	1028	+	quantity, and form of marijuan a dispensed; the type of marijuana 691
	1029	+	delivery device dispensed; and the name and medical marijuana 692
	1030	+	use registry identification number of the qualified patient or 693
	1031	+	caregiver to whom the marijuana delivery device was dispensed. 694
	1032	+	h. Must ensure that patient rec ords are not visible to 695
	1033	+	anyone other than the qualified patient, his or her caregiver, 696
	1034	+	and authorized medical marijuana treatment center employees. 697
	1035	+	(9) HOME CULTIVATION. — 698
	1036	+	(a) A qualified patient who is at least 21 years of age 699
	1037	+	may cultivate up to two c annabis plants for personal 700
	1038	+
	1039	+	HB 555 2025
	1040	+
	1041	+
	1042	+
	1043	+	CODING: Words stricken are deletions; words underlined are additions.
	1044	+	hb555-00
	1045	+	Page 29 of 44
	1046	+	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
	1047	+
	1048	+
	1049	+
	1050	+	consumption, provided he or she holds a valid certificate from 701
	1051	+	the Department of Agriculture and Consumer Services, which shall 702
	1052	+	adopt rules pursuant to ss. 120.536(1) and 120.54 establishing 703
	1053	+	procedures for the issuance, renewal, suspension, replacement, 704
	1054	+	surrender, and revocation of such certificates; and rules 705
	1055	+	providing for the inspection and registration of each cannabis 706
	1056	+	plant by the department. For any property that is leased, the 707
	1057	+	applicant must provide documentation to the dep artment 708
	1058	+	demonstrating that the property owner consents to marijuana 709
	1059	+	cultivation on the property. If two or more qualified patients 710
	1060	+	who are at least 21 years of age reside at the same residence, 711
	1061	+	only two cannabis plants may be cultivated at that residence. 712
	1062	+	(b) Cannabis plants may not be cultivated in a location in 713
	1063	+	which the plants are subject to public view, including a view 714
	1064	+	from another private property, without the use of binoculars, 715
	1065	+	aircraft, or other special aids. 716
	1066	+	(c) A qualified patient who cultivate s cannabis shall 717
	1067	+	ensure the plants are located in an enclosed, locked space to 718
	1068	+	prevent access from unauthorized persons and persons under the 719
	1069	+	age of 21 years. The use of cannabis cultivated for personal 720
	1070	+	consumption is subject to s. 381.986(1)(k)5. 721
	1071	+	(d) A person who violates this section commits a 722
	1072	+	misdemeanor of the first degree, punishable as provided in s. 723
	1073	+	775.082 or s. 775.083. 724
	1074	+	Section 3. Section 381.9861, Florida Statutes, is created 725
	1075	+
	1076	+	HB 555 2025
	1077	+
	1078	+
	1079	+
	1080	+	CODING: Words stricken are deletions; words underlined are additions.
	1081	+	hb555-00
	1082	+	Page 30 of 44
	1083	+	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
	1084	+
	1085	+
	1086	+
	1087	+	to read: 726
	1088	+	381.9861 Personal use of marijuana. — 727
	1089	+	(1) DEFINITIONS.—As used in this section, the term: 728
	1090	+	(a) "Adult" means an individual 21 years of age or older. 729
	1091	+	(b) "Cultivator" means a person or entity licensed by the 730
	1092	+	department to grow marijuana intended for retail sale to adults 731
	1093	+	for personal use. 732
	1094	+	(c) "Distributor" means a person or entity licensed by the 733
	1095	+	department to obtain marijuana from a processor or another 734
	1096	+	distributor and to distribute marijuana and marijuana delivery 735
	1097	+	devices at wholesale only to retailers. 736
	1098	+	(d) "Edibles" means commercially prod uced food items made 737
	1099	+	with marijuana oil, but no other form of marijuana. 738
	1100	+	(e) "Marijuana" means all parts of any plant of the genus 739
	1101	+	Cannabis, whether growing or not; the seeds thereof; the resin 740
	1102	+	extracted from any part of the plant; and every compound, 741
	1103	+	manufacture, salt, derivative, mixture, or preparation of the 742
	1104	+	plant or its seeds or resin. 743
	1105	+	(f) "Marijuana delivery device" means an object used, 744
	1106	+	intended for use, or designed for use in preparing, storing, 745
	1107	+	ingesting, inhaling, or otherwise introducing mari juana into the 746
	1108	+	human body. 747
	1109	+	(g) "Marijuana licensee" means a person or entity that 748
	1110	+	holds a license as a cultivator, processor, distributor, or 749
	1111	+	retailer. 750
	1112	+
	1113	+	HB 555 2025
	1114	+
	1115	+
	1116	+
	1117	+	CODING: Words stricken are deletions; words underlined are additions.
	1118	+	hb555-00
	1119	+	Page 31 of 44
	1120	+	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
	1121	+
	1122	+
	1123	+
	1124	+	(h) "Marijuana testing laboratory" means a facility that 751
	1125	+	collects and analyzes marijuana samples from a cultivator or 752
	1126	+	processor and has been certified by the department under s. 753
	1127	+	381.988. 754
	1128	+	(i) "Medical marijuana treatment center" means a person or 755
	1129	+	entity licensed under s. 381.986 to cultivate, process, 756
	1130	+	transport, and dispense medical marijuana and mar ijuana delivery 757
	1131	+	devices. 758
	1132	+	(j) "Personal use" means the possession, purchase, or use 759
	1133	+	of marijuana or a marijuana delivery device by an adult for 760
	1134	+	nonmedical, personal consumption by smoking, inhaling, 761
	1135	+	ingesting, or otherwise. The term does not include: 762
	1136	+	1. Possession or use of marijuana that was not purchased 763
	1137	+	or acquired from a retailer. 764
	1138	+	2. Transfer of marijuana to a person other than the adult 765
	1139	+	to whom it was dispensed. 766
	1140	+	3. Use of marijuana in the following locations: 767
	1141	+	a. On any form of public transpor tation. 768
	1142	+	b. In any public place. 769
	1143	+	c. In the adult's place of employment, except when 770
	1144	+	permitted by his or her employer. 771
	1145	+	d. In a state correctional institution, as defined in s. 772
	1146	+	944.02, or a correctional institution, as defined in s. 944.241. 773
	1147	+	e. On the grounds of a preschool, primary school, or 774
	1148	+	secondary school, except as provided in s. 1006.062. 775
	1149	+
	1150	+	HB 555 2025
	1151	+
	1152	+
	1153	+
	1154	+	CODING: Words stricken are deletions; words underlined are additions.
	1155	+	hb555-00
	1156	+	Page 32 of 44
	1157	+	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
	1158	+
	1159	+
	1160	+
	1161	+	f. In a school bus, a vehicle, an aircraft, or a 776
	1162	+	motorboat. 777
	1163	+	3. The smoking of marijuana in an enclosed indoor 778
	1164	+	workplace as defined in s. 386.203(5). 779
	1165	+	(k) "Processor" means a person or entity that holds a 780
	1166	+	license from the department to obtain marijuana from a 781
	1167	+	cultivator or another processor, and to process such marijuana 782
	1168	+	into a product intended for retail sale. 783
	1169	+	(l) "Retailer" means a person or entity that holds a 784
	1170	+	license from the department to obtain marijuana from a processor 785
	1171	+	or distributor and to engage in the retail sale of marijuana and 786
	1172	+	marijuana delivery devices to adults for personal use. 787
	1173	+	(m) "Smoking" means burning or igniting a substance and 788
	1174	+	inhaling the smoke. 789
	1175	+	(2) LICENSURE AS A MARIJUANA LICENSEE. - 790
	1176	+	(a) Effective July 1, 2025, the department shall authorize 791
	1177	+	each medical marijuana treatment center to operate as a 792
	1178	+	cultivator, processor, distributor, or retailer under this 793
	1179	+	section. A medical mari juana treatment center is not required to 794
	1180	+	submit an application or pay a fee, other than any fees due 795
	1181	+	under s. 381.986, to obtain such authorization under this 796
	1182	+	section. Medical marijuana treatment centers are exempt from the 797
	1183	+	license limit in paragraph (b), the cultivation square footage 798
	1184	+	limit in subparagraph (e)2., and the retailer location limit in 799
	1185	+	subparagraph (h)2. 800
	1186	+
	1187	+	HB 555 2025
	1188	+
	1189	+
	1190	+
	1191	+	CODING: Words stricken are deletions; words underlined are additions.
	1192	+	hb555-00
	1193	+	Page 33 of 44
	1194	+	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
	1195	+
	1196	+
	1197	+
	1198	+	(b) On July 1, 2025, and again on July 1, 2027, the 801
	1199	+	department shall initiate an application process to issue five 802
	1200	+	cultivator licenses, fiv e processor licenses, three distributor 803
	1201	+	licenses, and ten retailer licenses. The licenses issued 804
	1202	+	pursuant to this section may not be issued to any person or 805
	1203	+	entity holding a medical marijuana treatment center license. 806
	1204	+	(c) An applicant for licensure as a marijuana licensee 807
	1205	+	shall apply to the department on a form prescribed by the 808
	1206	+	department and adopted by department rule. The department shall 809
	1207	+	issue a license to an applicant if the applicant meets the 810
	1208	+	requirements of this section and pays the initial applic ation 811
	1209	+	fee. The department shall renew the licensure of a marijuana 812
	1210	+	licensee biennially if the licensee meets the requirements of 813
	1211	+	this section and pays the biennial renewal fee. Medical 814
	1212	+	marijuana treatment centers shall be exempt from payment of the 815
	1213	+	biennial renewal fee. 816
	1214	+	(d) An applicant for licensure as a marijuana licensee 817
	1215	+	must: 818
	1216	+	1. Demonstrate the technical and technological ability to 819
	1217	+	operate as a cultivator, processor, distributor, or retailer, as 820
	1218	+	applicable. 821
	1219	+	2. Demonstrate the ability to secure the premises, 822
	1220	+	resources, and personnel necessary to operate as a cultivator, 823
	1221	+	processor, distributor, or retailer, as applicable. 824
	1222	+	3. Demonstrate the ability to maintain accountability of 825
	1223	+
	1224	+	HB 555 2025
	1225	+
	1226	+
	1227	+
	1228	+	CODING: Words stricken are deletions; words underlined are additions.
	1229	+	hb555-00
	1230	+	Page 34 of 44
	1231	+	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
	1232	+
	1233	+
	1234	+
	1235	+	all marijuana and any byproducts to prevent diversion or 826
	1236	+	unlawful access to or possession of these substances. 827
	1237	+	4. Demonstrate the financial ability to maintain 828
	1238	+	operations for the duration of the 2 -year approval cycle, 829
	1239	+	including the provision of certified financial statements to the 830
	1240	+	department. 831
	1241	+	a. Upon approval, the app licant must post a performance 832
	1242	+	bond in the following amount issued by an authorized surety 833
	1243	+	insurance company rated in one of the three highest rating 834
	1244	+	categories by a nationally recognized rating service: 835
	1245	+	(I) Cultivator license – $500,000. 836
	1246	+	(II) Processor license – $500,000. 837
	1247	+	(III) Distributor license – $500,000. 838
	1248	+	(IV) Retailer license – $250,000. 839
	1249	+	b. In lieu of the performance bond, the applicant may 840
	1250	+	provide an irrevocable letter of credit in the above amount, as 841
	1251	+	applicable, payable to the department. 842
	1252	+	5. Ensure all owners, officers, board members, managers, 843
	1253	+	and employees have passed a background screening under s. 844
	1254	+	381.986(9). 845
	1255	+	6. Use the department's seed -to-sale tracking system. 846
	1256	+	(e)1. In addition to the requirements of paragraph (c), an 847
	1257	+	applicant for licensure as a cultivator must: 848
	1258	+	a. Possess a valid certificate of registration issued by 849
	1259	+	the Department of Agriculture and Consumer Services under s. 850
	1260	+
	1261	+	HB 555 2025
	1262	+
	1263	+
	1264	+
	1265	+	CODING: Words stricken are deletions; words underlined are additions.
	1266	+	hb555-00
	1267	+	Page 35 of 44
	1268	+	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
	1269	+
	1270	+
	1271	+
	1272	+	581.131. 851
	1273	+	b. Comply with the applicable requirements of s. 852
	1274	+	381.986(8) and any applicable rules adopted pursuant thereto, as 853
	1275	+	determined by department rule. 854
	1276	+	2. A cultivator may not exceed 100,000 square feet of 855
	1277	+	total canopy space for marijuana plants. 856
	1278	+	3. A person or an entity licensed as a cultivator may not 857
	1279	+	be licensed as a distributor, processor, or retailer. 858
	1280	+	(f)1. In addition to the requirements of paragraph (c), an 859
	1281	+	applicant for licensure a s a processor must: 860
	1282	+	a. Demonstrate that all of its proposed processing 861
	1283	+	facilities have passed a Food Safety Good Manufacturing 862
	1284	+	Practices inspection, such as Global Food Safety Initiative or 863
	1285	+	equivalent, by a nationally accredited certifying body. 864
	1286	+	b. If the processor intends on producing edibles, possess 865
	1287	+	a permit to operate as a food establishment pursuant to chapter 866
	1288	+	500. 867
	1289	+	c. Comply with the applicable requirements of s. 868
	1290	+	381.986(8) and any applicable rules adopted pursuant thereto, as 869
	1291	+	determined by department rule. 870
	1292	+	2. A person or an entity licensed as a processor may not 871
	1293	+	be licensed as a cultivator, distributor, or retailer. 872
	1294	+	(g)1. In addition to the requirements of paragraph (d), an 873
	1295	+	applicant for licensure as a distributor must: 874
	1296	+	a. Maintain warehous e space that is either owned or leased 875
	1297	+
	1298	+	HB 555 2025
	1299	+
	1300	+
	1301	+
	1302	+	CODING: Words stricken are deletions; words underlined are additions.
	1303	+	hb555-00
	1304	+	Page 36 of 44
	1305	+	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
	1306	+
	1307	+
	1308	+
	1309	+	by the distributor of at least 2,500 square feet to store 876
	1310	+	marijuana and marijuana delivery devices. 877
	1311	+	b. Comply with the applicable requirements of s. 878
	1312	+	381.986(8) and any applicable rules adopted pursuant thereto, as 879
	1313	+	determined by department rule. 880
	1314	+	2. A distributor may transfer marijuana and marijuana 881
	1315	+	delivery devices to another distributor for the wholesale sale 882
	1316	+	to a retailer. A person or entity licensed as a distributor may 883
	1317	+	not be licensed as a cultivator, processor or retailer. 884
	1318	+	(h)1. In addition to the requirements of paragraph (d), an 885
	1319	+	applicant for licensure as a retailer must comply with the 886
	1320	+	applicable requirements of s. 381.986(8) and any applicable 887
	1321	+	rules adopted pursuant thereto, as determined by department 888
	1322	+	rule. 889
	1323	+	2. A retailer licensee may operate up to three retail 890
	1324	+	locations under its license. 891
	1325	+	3. A person or entity licensed as a retailer may not be 892
	1326	+	licensed as a cultivator, processor, or distributor. 893
	1327	+	(i) A person or entity may not have an interest in mor e 894
	1328	+	than one marijuana license. 895
	1329	+	(3) MODIFICATION TO MARIJUANA LICENSEE'S OPERATIONS OR 896
	1330	+	OWNERSHIP.-A marijuana licensee must, at all times, maintain 897
	1331	+	compliance with this section, the applicable requirements of s. 898
	1332	+	381.986, and department rules. A marijuana li censee must request 899
	1333	+	approval of a material modification to its operations or 900
	1334	+
	1335	+	HB 555 2025
	1336	+
	1337	+
	1338	+
	1339	+	CODING: Words stricken are deletions; words underlined are additions.
	1340	+	hb555-00
	1341	+	Page 37 of 44
	1342	+	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
	1343	+
	1344	+
	1345	+
	1346	+	ownership, as determined by department rule, before 901
	1347	+	implementation of such modification. The department shall 902
	1348	+	approve a material modification upon a determination that the 903
	1349	+	proposed modification will comply with the requirements of this 904
	1350	+	section, the applicable requirements of s. 381.986, and the 905
	1351	+	rules of the department. A request for approval of a material 906
	1352	+	modification under this subsection shall be governed by s. 907
	1353	+	120.60. Upon a medical marijuana treatment center's licensure as 908
	1354	+	a marijuana licensee, this subsection shall apply to 909
	1355	+	modifications to the medical marijuana treatment center's 910
	1356	+	operations and ownership and the variance requirements under s. 911
	1357	+	381.986 no longer apply. 912
	1358	+	(4) CHANGE OF OWNERSHIP.—A marijuana licensee may transfer 913
	1359	+	ownership to an individual or entity that meets the requirements 914
	1360	+	of this section. A publicly traded corporation or publicly 915
	1361	+	traded company that meets the requirements of this section is 916
	1362	+	not precluded from ownership of a marijuana licensee. A change 917
	1363	+	of ownership shall be in accordance with the procedure in s. 918
	1364	+	381.986(8)(e)1. 919
	1365	+	(5) MARIJUANA LICENSEE INSPECTIONS; ADMINISTRATIVE 920
	1366	+	ACTIONS.— 921
	1367	+	(a) The department shall conduct announced or unannounced 922
	1368	+	inspections of marijuana licensees to determine compliance with 923
	1369	+	this section or rules adopted pursuant to this section. 924
	1370	+	(b) Upon receiving a complaint or notice that a retailer 925
	1371	+
	1372	+	HB 555 2025
	1373	+
	1374	+
	1375	+
	1376	+	CODING: Words stricken are deletions; words underlined are additions.
	1377	+	hb555-00
	1378	+	Page 38 of 44
	1379	+	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
	1380	+
	1381	+
	1382	+
	1383	+	has dispensed marijuana containing mold, bacteria, or another 926
	1384	+	contaminant that may cause or has caused an adverse effect to 927
	1385	+	human health or the environment, the department shall inspect 928
	1386	+	all marijuana licensees involved the in cultivation, processing, 929
	1387	+	distributing, and retail sale of the marijuana. 930
	1388	+	(c) The department shall conduct at least a biennial 931
	1389	+	inspection of each marijuana licensee to evaluate the licensee's 932
	1390	+	records, personnel, equipment, processes, security measures, 933
	1391	+	sanitation practices, and quality assurance practices. 934
	1392	+	(d) The Department of Agriculture and Consumer Services 935
	1393	+	and the department shall enter into an interagency agreement to 936
	1394	+	ensure cooperation and coordination in the performance of the 937
	1395	+	obligations of each department under this section and the 938
	1396	+	respective regulatory and authorizing laws. The department, the 939
	1397	+	Department of Highway Safety and Motor Vehicles, and the 940
	1398	+	Department of Law Enforcement may enter into interagency 941
	1399	+	agreements for the purposes specified in this subsection. 942
	1400	+	(e) The department shall publish a list of all approved 943
	1401	+	marijuana licensees on its website. 944
	1402	+	(f) The department may impose reasonable fines not to 945
	1403	+	exceed $10,000 on a marijuana licensee for any of the following 946
	1404	+	violations: 947
	1405	+	1. Violating this section or department rule. 948
	1406	+	2. Failing to maintain qualifications for approval. 949
	1407	+	3. Endangering the health , safety, welfare of an adult. 950
	1408	+
	1409	+	HB 555 2025
	1410	+
	1411	+
	1412	+
	1413	+	CODING: Words stricken are deletions; words underlined are additions.
	1414	+	hb555-00
	1415	+	Page 39 of 44
	1416	+	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
	1417	+
	1418	+
	1419	+
	1420	+	4. Attempting to procure marijuana license by bribery, 951
	1421	+	fraudulent misrepresentation, or extortion. 952
	1422	+	5. Being convicted or found guilty of, or entering a plea 953
	1423	+	of guilty or nolo contendere to, regardless of adjudication, a 954
	1424	+	crime in any jurisdiction which directly relates to the business 955
	1425	+	of the marijuana licensee. 956
	1426	+	6. Making or filing a report or record that the marijuana 957
	1427	+	licensee knows to be false. 958
	1428	+	7. Willfully failing to maintain a record required by this 959
	1429	+	section or department rule. 960
	1430	+	8. Willfully impeding or obstructing an employee or agent 961
	1431	+	of the department in the furtherance of his or her official 962
	1432	+	duties. 963
	1433	+	9. Engaging in fraud or deceit, negligence, incompetence, 964
	1434	+	or misconduct in the business practices of the marijuana 965
	1435	+	licensee. 966
	1436	+	10. Making misleading, deceptive, or fraudulent 967
	1437	+	representations in or related to the business practices of the 968
	1438	+	marijuana licensee. 969
	1439	+	11. Having a license or the authority to engage in any 970
	1440	+	regulated profession, occupation, or business that is r elated to 971
	1441	+	the business practices of the marijuana licensee suspended, 972
	1442	+	revoked, or otherwise acted against by the licensing authority 973
	1443	+	of any jurisdiction, including its agencies or subdivisions, for 974
	1444	+	a violation that would constitute a violation under genera l law. 975
	1445	+
	1446	+	HB 555 2025
	1447	+
	1448	+
	1449	+
	1450	+	CODING: Words stricken are deletions; words underlined are additions.
	1451	+	hb555-00
	1452	+	Page 40 of 44
	1453	+	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
	1454	+
	1455	+
	1456	+
	1457	+	12. Violating a lawful order of the department or an 976
	1458	+	agency of the state or failing to comply with a lawfully issued 977
	1459	+	subpoena of the department or an agency of the state. 978
	1460	+	(g) The department may suspend, revoke, or refuse to renew 979
	1461	+	a marijuana licensee if the licensee commits any of the 980
	1462	+	violations in paragraph (f). 981
	1463	+	(6) PREEMPTION.—Regulation of cultivation, processing, 982
	1464	+	dispensing, and delivery of marijuana by marijuana licensees is 983
	1465	+	preempted to the state except as provided in s. 381.986(11). The 984
	1466	+	provisions of s. 381.986(11) apply to marijuana licensees with 985
	1467	+	the same force and effect as such provisions apply to medical 986
	1468	+	marijuana treatment centers. 987
	1469	+	(7) PENALTIES.— 988
	1470	+	(a) A person under the age of 21 who fraudulently 989
	1471	+	represents himself or herself as an adult for purposes of 990
	1472	+	obtaining marijuana or a marijuana delivery device for personal 991
	1473	+	use commits a misdemeanor of the first degree, punishable as 992
	1474	+	provided in s. 775.082 or s. 775.083. 993
	1475	+	(b) A person who uses marijuana in plain view of or in a 994
	1476	+	place open to the general public; in a school bus, a vehicle, an 995
	1477	+	aircraft, or a boat; or on the grounds a preschool, primary 996
	1478	+	school, or secondary school, except as provided in s. 1006.062, 997
	1479	+	commits a misdemeanor of the first degree, punishable as 998
	1480	+	provided in s. 775.082 or s. 775.083. 999
	1481	+	(c) Except as provided in s. 381.986, a person who 1000
	1482	+
	1483	+	HB 555 2025
	1484	+
	1485	+
	1486	+
	1487	+	CODING: Words stricken are deletions; words underlined are additions.
	1488	+	hb555-00
	1489	+	Page 41 of 44
	1490	+	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
	1491	+
	1492	+
	1493	+
	1494	+	purchases or acquires marijuana from any person or entity other 1001
	1495	+	than a retailer violates s. 893.13 and is subject to the 1002
	1496	+	penalties provided therein. 1003
	1497	+	(d) Except as provided in s. 381 .986, a person or entity 1004
	1498	+	that cultivates, processes, distributes, sells, or dispenses 1005
	1499	+	marijuana, as defined in s. 29(b)(4), Art. X of the State 1006
	1500	+	Constitution, and is not properly licensed as a marijuana 1007
	1501	+	licensee violates s. 893.13 and is subject to the pena lties 1008
	1502	+	provided therein. 1009
	1503	+	(e) A person who manufactures, distributes, sells, gives, 1010
	1504	+	or possesses with the intent to manufacture, distribute, sell, 1011
	1505	+	or give marijuana or a marijuana delivery device that he or she 1012
	1506	+	holds out to have originated from a marijuana licensee but that 1013
	1507	+	is counterfeit commits a felony of the third degree, punishable 1014
	1508	+	as provided in s. 775.082, s. 775.083, or s. 775.084. For the 1015
	1509	+	purposes of this paragraph, the term "counterfeit" means 1016
	1510	+	marijuana; a marijuana delivery device; or a marijuana or 1017
	1511	+	marijuana delivery device container, seal, or label which, 1018
	1512	+	without authorization, bears the trademark, trade name, or other 1019
	1513	+	identifying mark, imprint, or device, or any likeness thereof, 1020
	1514	+	of a marijuana licensee and which thereby falsely purports or is 1021
	1515	+	represented to be the product of that marijuana licensee. 1022
	1516	+	(8) UNLICENSED ACTIVITY. —The provisions of s. 381.986(13) 1023
	1517	+	apply to this section. 1024
	1518	+	(9) EXCEPTIONS TO OTHER LAWS. — 1025
	1519	+
	1520	+	HB 555 2025
	1521	+
	1522	+
	1523	+
	1524	+	CODING: Words stricken are deletions; words underlined are additions.
	1525	+	hb555-00
	1526	+	Page 42 of 44
	1527	+	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
	1528	+
	1529	+
	1530	+
	1531	+	(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1026
	1532	+	any other provision of law, but subject to the requirements of 1027
	1533	+	this section, an adult may obtain from a retailer, use, and 1028
	1534	+	possess at any given time marijuana delivery devices and up to 1029
	1535	+	2.0 ounces of marijuana for personal use, except that no more 1030
	1536	+	than five grams of marijuana m ay be in the form of concentrate, 1031
	1537	+	and all marijuana obtained must remain in its original 1032
	1538	+	packaging. 1033
	1539	+	(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1034
	1540	+	any other provision of law, but subject to the requirements of 1035
	1541	+	this section, a marijuana license e and its owners, managers, and 1036
	1542	+	employees may manufacture, possess, sell, deliver, distribute, 1037
	1543	+	dispense, or lawfully dispose of marijuana or a marijuana 1038
	1544	+	delivery device in accordance with the applicable license and 1039
	1545	+	the requirements of this section, s. 381. 988, and department 1040
	1546	+	rule. For the purposes of this subsection, the terms 1041
	1547	+	"manufacture," "possession," "deliver," "distribute," and 1042
	1548	+	"dispense" have the same meanings as provided in s. 893.02. 1043
	1549	+	(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1044
	1550	+	any other provision of law, but subject to the requirements of 1045
	1551	+	this section, a certified marijuana testing laboratory, 1046
	1552	+	including an employee of a certified marijuana testing 1047
	1553	+	laboratory acting within the scope of his or her employment, may 1048
	1554	+	acquire, possess, test , transport, and lawfully dispose of 1049
	1555	+	marijuana as provided in this section, in s. 381.988, and by 1050
	1556	+
	1557	+	HB 555 2025
	1558	+
	1559	+
	1560	+
	1561	+	CODING: Words stricken are deletions; words underlined are additions.
	1562	+	hb555-00
	1563	+	Page 43 of 44
	1564	+	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
	1565	+
	1566	+
	1567	+
	1568	+	department rule. 1051
	1569	+	(d) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1052
	1570	+	any other law, but subject to the requirements of this section, 1053
	1571	+	the department, including an employee of the department acting 1054
	1572	+	within the scope of his or her employment, may acquire, possess, 1055
	1573	+	test, transport, and lawfully dispose of marijuana and marijuana 1056
	1574	+	delivery devices as provided in this section, in s. 381.988, and 1057
	1575	+	by department rule. 1058
	1576	+	(e) A marijuana licensee and its owners, managers, and 1059
	1577	+	employees are not subject to licensure or regulation under 1060
	1578	+	chapter 465 or chapter 499 for manufacturing, possessing, 1061
	1579	+	selling, delivering, distributing, dispensing, or lawfully 1062
	1580	+	disposing of marijuana or a marijuana delivery device, as 1063
	1581	+	provided in this section, in s. 381.988, and by department rule. 1064
	1582	+	(f) This subsection does not exempt a person from 1065
	1583	+	prosecution for a criminal offense related to impairment or 1066
	1584	+	intoxication resulting from the personal use of marijuana or 1067
	1585	+	relieve a person from any requirement under law to submit to a 1068
	1586	+	breath, blood, urine, or other test to detect the presence of a 1069
	1587	+	controlled substance. 1070
	1588	+	(10) APPLICABILITY. —The provision of s. 381.986(15) apply 1071
	1589	+	to this section. 1072
	1590	+	(11) FINES AND FEES. —Fines and fees collected by the 1073
	1591	+	department under this section shall be deposited in the Grants 1074
	1592	+	and Donations Trust Fund within the Department of Health. 1075
	1593	+
	1594	+	HB 555 2025
	1595	+
	1596	+
	1597	+
	1598	+	CODING: Words stricken are deletions; words underlined are additions.
	1599	+	hb555-00
	1600	+	Page 44 of 44
	1601	+	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
	1602	+
	1603	+
	1604	+
	1605	+	(12) RULES.— 1076
	1606	+	(a) The department shall adopt rules pursuant to ss. 1077
	1607	+	120.536(1) and 120.54 to establish a procedure for the issuance 1078
	1608	+	and biennial renewal of licenses, including initial application 1079
	1609	+	and biennial renewal fees sufficient to cover the costs of 1080
	1610	+	implementing and administering this section. 1081
	1611	+	(b) Rules adopted pursuant to thi s section before July 1, 1082
	1612	+	2026, are not subject to ss. 120.54(3)(b) and 120.541. 1083
	1613	+	(c) This subsection expires July 1, 2026. 1084
	1614	+	Section 4. This act shall take effect July 1, 2025. 1085