Bill Text: FL S0212 | 2020 | Regular Session | Introduced


Bill Title: Medical Marijuana Retail Facilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-08-30 - Filed [S0212 Detail]

Download: Florida-2020-S0212-Introduced.html
       Florida Senate - 2020                                     SB 212
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00345-20                                            2020212__
    1                        A bill to be entitled                      
    2         An act relating to medical marijuana retail
    3         facilities; amending s. 381.986, F.S.; revising
    4         definitions of the terms “edibles,” “low-THC
    5         cannabis,” “marijuana,” and “marijuana delivery
    6         device” to include items that are dispensed by a
    7         medical marijuana retail facility; defining the term
    8         “medical marijuana retail facility”; revising the
    9         definition of the term “medical use” to include the
   10         use of marijuana dispensed by a medical marijuana
   11         retail facility; revising the definition of the term
   12         “physician certification” to authorize a qualified
   13         patient to receive marijuana and a marijuana delivery
   14         device from a medical marijuana retail facility;
   15         prohibiting qualified physicians and caregivers from
   16         being employed by or having an economic interest in a
   17         medical marijuana retail facility; requiring that the
   18         medical marijuana use registry maintained by the
   19         Department of Health be accessible to medical
   20         marijuana retail facilities for certain verification
   21         purposes; revising provisions to authorize medical
   22         marijuana retail facilities to dispense marijuana,
   23         marijuana delivery devices, and edibles under certain
   24         conditions; providing that a medical marijuana retail
   25         facility is not subject to certain dispensing facility
   26         requirements; requiring that the computer seed-to-sale
   27         marijuana tracking system that is maintained by the
   28         department be used by medical marijuana retail
   29         facilities; specifying that a medical marijuana
   30         treatment center may contract with no more than a
   31         specified number of medical marijuana retail
   32         facilities; prohibiting a medical marijuana treatment
   33         center from owning or operating a medical marijuana
   34         retail facility; requiring the department to license
   35         medical marijuana retail facilities, beginning on a
   36         specified date, for a specified purpose; requiring the
   37         department to adopt rules related to the application
   38         form and establishing a procedure for the issuance and
   39         biennial renewal of licenses; requiring that the
   40         department identify applicants with strong diversity
   41         plans and implement training and other educational
   42         programs to enable certain minority persons and
   43         enterprises to qualify for licensure; prohibiting an
   44         individual identified as an applicant, owner, officer,
   45         board member, or manager from being listed as such on
   46         more than one application for licensure as a medical
   47         marijuana retail facility; prohibiting an individual
   48         or entity from being awarded more than one facility
   49         license; providing that each such license is valid for
   50         only one physical location; prohibiting a medical
   51         marijuana treatment center from being awarded a
   52         license as a medical marijuana retail facility;
   53         requiring that applicants demonstrate that they
   54         satisfy certain criteria; prohibiting a medical
   55         marijuana retail facility from making a wholesale
   56         purchase of marijuana from a medical marijuana
   57         treatment center and from transporting marijuana,
   58         marijuana delivery devices, or edibles; specifying
   59         that a medical marijuana retail facility may contract
   60         with only one medical marijuana treatment center;
   61         providing requirements for the transfer of ownership
   62         of a medical marijuana retail facility; prohibiting
   63         medical marijuana retail facilities and any
   64         individuals who control or have a certain ownership or
   65         voting interest in such facilities from acquiring
   66         certain direct or indirect ownership or control of
   67         another medical marijuana retail facility; prohibiting
   68         certain profit-sharing arrangements; providing
   69         operational and dispensing requirements and
   70         prohibitions for medical marijuana retail facilities;
   71         prohibiting a medical marijuana retail facility from
   72         engaging in Internet sales; prohibiting certain
   73         medical marijuana retail facility advertising and
   74         providing exceptions; requiring that certain
   75         information be posted on a medical marijuana retail
   76         facility website; authorizing the department to adopt
   77         rules; requiring the department to conduct periodic
   78         inspections of such facilities; authorizing counties
   79         and municipalities to determine the location of such
   80         facilities by ordinance under certain conditions;
   81         imposing criminal penalties on persons or entities
   82         that engage in specified unlicensed activities;
   83         providing that a medical marijuana retail facility and
   84         its owners, managers, and employees are exempt from
   85         prosecution for certain offenses and from other
   86         specified regulations and requirements; amending s.
   87         381.987, F.S.; requiring the department to allow a
   88         medical marijuana retail facility to access
   89         confidential and exempt information in the medical
   90         marijuana use registry for certain verification
   91         purposes; providing an effective date.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Present subsections (9) through (17) of section
   96  381.986, Florida Statutes, are redesignated as subsections (10)
   97  through (18), respectively, a new subsection (9) is added to
   98  that section, and subsections (1) and (3), paragraph (f) of
   99  subsection (4), paragraphs (a) and (f) of subsection (5),
  100  paragraph (b) of subsection (6), subsection (8), and present
  101  subsections (10), (11), (12), and (14) of that section are
  102  amended, to read:
  103         381.986 Medical use of marijuana.—
  104         (1) DEFINITIONS.—As used in this section, the term:
  105         (a) “Caregiver” means a resident of this state who has
  106  agreed to assist with a qualified patient’s medical use of
  107  marijuana, has a caregiver identification card, and meets the
  108  requirements of subsection (6).
  109         (b) “Chronic nonmalignant pain” means pain that is caused
  110  by a qualifying medical condition or that originates from a
  111  qualifying medical condition and persists beyond the usual
  112  course of that qualifying medical condition.
  113         (c) “Close relative” means a spouse, parent, sibling,
  114  grandparent, child, or grandchild, whether related by whole or
  115  half blood, by marriage, or by adoption.
  116         (d) “Edibles” means commercially produced food items made
  117  with marijuana oil, but no other form of marijuana, which that
  118  are produced and dispensed by a medical marijuana treatment
  119  center or dispensed by a medical marijuana retail facility.
  120         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
  121  the dried flowers of which contain 0.8 percent or less of
  122  tetrahydrocannabinol and more than 10 percent of cannabidiol
  123  weight for weight; the seeds thereof; the resin extracted from
  124  any part of such plant; or any compound, manufacture, salt,
  125  derivative, mixture, or preparation of such plant or its seeds
  126  or resin that is dispensed from a medical marijuana treatment
  127  center or a medical marijuana retail facility.
  128         (f) “Marijuana” means all parts of any plant of the genus
  129  Cannabis, whether growing or not; the seeds thereof; the resin
  130  extracted from any part of the plant; and every compound,
  131  manufacture, salt, derivative, mixture, or preparation of the
  132  plant or its seeds or resin, including low-THC cannabis, which
  133  are dispensed from a medical marijuana treatment center or a
  134  medical marijuana retail facility for medical use by a qualified
  135  patient.
  136         (g) “Marijuana delivery device” means an object used,
  137  intended for use, or designed for use in preparing, storing,
  138  ingesting, inhaling, or otherwise introducing marijuana into the
  139  human body, and which is dispensed from a medical marijuana
  140  treatment center or a medical marijuana retail facility for
  141  medical use by a qualified patient, except that delivery devices
  142  intended for the medical use of marijuana by smoking need not be
  143  dispensed from a medical marijuana treatment center or a medical
  144  marijuana retail facility in order to qualify as marijuana
  145  delivery devices.
  146         (h) “Marijuana testing laboratory” means a facility that
  147  collects and analyzes marijuana samples from a medical marijuana
  148  treatment center and has been certified by the department
  149  pursuant to s. 381.988.
  150         (i) “Medical director” means a person who holds an active,
  151  unrestricted license as an allopathic physician under chapter
  152  458 or osteopathic physician under chapter 459 and is in
  153  compliance with the requirements of paragraph (3)(c).
  154         (j)“Medical marijuana retail facility” means a facility
  155  licensed by the department pursuant to subsection (9) to
  156  dispense medical marijuana and marijuana delivery devices
  157  acquired from a licensed medical marijuana treatment center to
  158  qualified patients and caregivers.
  159         (k)(j) “Medical use” means the acquisition, possession,
  160  use, delivery, transfer, or administration of marijuana
  161  authorized by a physician certification. The term does not
  162  include:
  163         1. Possession, use, or administration of marijuana that was
  164  not purchased or acquired from a medical marijuana treatment
  165  center or a medical marijuana retail facility.
  166         2. Possession, use, or administration of marijuana in the
  167  form of commercially produced food items other than edibles or
  168  of marijuana seeds.
  169         3. Use or administration of any form or amount of marijuana
  170  in a manner that is inconsistent with the qualified physician’s
  171  directions or physician certification.
  172         4. Transfer of marijuana to a person other than the
  173  qualified patient for whom it was authorized or the qualified
  174  patient’s caregiver on behalf of the qualified patient.
  175         5. Use or administration of marijuana in the following
  176  locations:
  177         a. On any form of public transportation, except for low-THC
  178  cannabis not in a form for smoking.
  179         b. In any public place, except for low-THC cannabis not in
  180  a form for smoking.
  181         c. In a qualified patient’s place of employment, except
  182  when permitted by his or her employer.
  183         d. In a state correctional institution, as defined in s.
  184  944.02, or a correctional institution, as defined in s. 944.241.
  185         e. On the grounds of a preschool, primary school, or
  186  secondary school, except as provided in s. 1006.062.
  187         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  188  except for low-THC cannabis not in a form for smoking.
  189         6. The smoking of marijuana in an enclosed indoor workplace
  190  as defined in s. 386.203(5).
  191         (l)(k) “Physician certification” means a qualified
  192  physician’s authorization for a qualified patient to receive
  193  marijuana and a marijuana delivery device from a medical
  194  marijuana treatment center or a medical marijuana retail
  195  facility.
  196         (m)(l) “Qualified patient” means a resident of this state
  197  who has been added to the medical marijuana use registry by a
  198  qualified physician to receive marijuana or a marijuana delivery
  199  device for a medical use and who has a qualified patient
  200  identification card.
  201         (n)(m) “Qualified physician” means a person who holds an
  202  active, unrestricted license as an allopathic physician under
  203  chapter 458 or as an osteopathic physician under chapter 459 and
  204  is in compliance with the physician education requirements of
  205  subsection (3).
  206         (o)(n) “Smoking” means burning or igniting a substance and
  207  inhaling the smoke.
  208         (p)(o) “Terminal condition” means a progressive disease or
  209  medical or surgical condition that causes significant functional
  210  impairment, is not considered by a treating physician to be
  211  reversible without the administration of life-sustaining
  212  procedures, and will result in death within 1 year after
  213  diagnosis if the condition runs its normal course.
  214         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  215         (a) Before being approved as a qualified physician, as
  216  defined in paragraph (1)(n) paragraph (1)(m), and before each
  217  license renewal, a physician must successfully complete a 2-hour
  218  course and subsequent examination offered by the Florida Medical
  219  Association or the Florida Osteopathic Medical Association which
  220  encompass the requirements of this section and any rules adopted
  221  hereunder. The course and examination shall be administered at
  222  least annually and may be offered in a distance learning format,
  223  including an electronic, online format that is available upon
  224  request. The price of the course may not exceed $500. A
  225  physician who has met the physician education requirements of
  226  former s. 381.986(4), Florida Statutes 2016, before June 23,
  227  2017, shall be deemed to be in compliance with this paragraph
  228  from June 23, 2017, until 90 days after the course and
  229  examination required by this paragraph become available.
  230         (b) A qualified physician may not be employed by, or have
  231  any direct or indirect economic interest in, a medical marijuana
  232  treatment center, a medical marijuana retail facility, or a
  233  marijuana testing laboratory.
  234         (c) Before being employed as a medical director, as defined
  235  in paragraph (1)(i), and before each license renewal, a medical
  236  director must successfully complete a 2-hour course and
  237  subsequent examination offered by the Florida Medical
  238  Association or the Florida Osteopathic Medical Association which
  239  encompass the requirements of this section and any rules adopted
  240  hereunder. The course and examination shall be administered at
  241  least annually and may be offered in a distance learning format,
  242  including an electronic, online format that is available upon
  243  request. The price of the course may not exceed $500.
  244         (4) PHYSICIAN CERTIFICATION.—
  245         (f) A qualified physician may not issue a physician
  246  certification for more than three 70-day supply limits of
  247  marijuana or more than six 35-day supply limits of marijuana in
  248  a form for smoking. The department shall quantify by rule a
  249  daily dose amount with equivalent dose amounts for each
  250  allowable form of marijuana dispensed by a medical marijuana
  251  treatment center or a medical marijuana retail facility. The
  252  department shall use the daily dose amount to calculate a 70-day
  253  supply.
  254         1. A qualified physician may request an exception to the
  255  daily dose amount limit, the 35-day supply limit of marijuana in
  256  a form for smoking, and the 4-ounce possession limit of
  257  marijuana in a form for smoking established in paragraph (15)(a)
  258  (14)(a). The request shall be made electronically on a form
  259  adopted by the department in rule and must include, at a
  260  minimum:
  261         a. The qualified patient’s qualifying medical condition.
  262         b. The dosage and route of administration that was
  263  insufficient to provide relief to the qualified patient.
  264         c. A description of how the patient will benefit from an
  265  increased amount.
  266         d. The minimum daily dose amount of marijuana that would be
  267  sufficient for the treatment of the qualified patient’s
  268  qualifying medical condition.
  269         2. A qualified physician must provide the qualified
  270  patient’s records upon the request of the department.
  271         3. The department shall approve or disapprove the request
  272  within 14 days after receipt of the complete documentation
  273  required by this paragraph. The request shall be deemed approved
  274  if the department fails to act within this time period.
  275         (5) MEDICAL MARIJUANA USE REGISTRY.—
  276         (a) The department shall create and maintain a secure,
  277  electronic, and online medical marijuana use registry for
  278  physicians, patients, and caregivers as provided under this
  279  section. The medical marijuana use registry must be accessible
  280  to law enforcement agencies, qualified physicians, and medical
  281  marijuana treatment centers, and medical marijuana retail
  282  facilities to verify the authorization of a qualified patient or
  283  a caregiver to possess marijuana or a marijuana delivery device
  284  and record the marijuana or marijuana delivery device dispensed.
  285  The medical marijuana use registry must also be accessible to
  286  practitioners licensed to prescribe prescription drugs to ensure
  287  proper care for patients before medications that may interact
  288  with the medical use of marijuana are prescribed. The medical
  289  marijuana use registry must prevent an active registration of a
  290  qualified patient by multiple physicians.
  291         (f) The department may revoke the registration of a
  292  qualified patient or caregiver who cultivates marijuana or who
  293  acquires, possesses, or delivers marijuana from any person or
  294  entity other than a medical marijuana treatment center or a
  295  medical marijuana retail facility.
  296         (6) CAREGIVERS.—
  297         (b) A caregiver must:
  298         1. Not be a qualified physician and not be employed by or
  299  have an economic interest in a medical marijuana treatment
  300  center, a medical marijuana retail facility, or a marijuana
  301  testing laboratory.
  302         2. Be 21 years of age or older and a resident of this
  303  state.
  304         3. Agree in writing to assist with the qualified patient’s
  305  medical use of marijuana.
  306         4. Be registered in the medical marijuana use registry as a
  307  caregiver for no more than one qualified patient, except as
  308  provided in this paragraph.
  309         5. Successfully complete a caregiver certification course
  310  developed and administered by the department or its designee,
  311  which must be renewed biennially. The price of the course may
  312  not exceed $100.
  313         6. Pass a background screening pursuant to subsection (10)
  314  subsection (9), unless the patient is a close relative of the
  315  caregiver.
  316         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  317         (a) The department shall license medical marijuana
  318  treatment centers to ensure reasonable statewide accessibility
  319  and availability as necessary for qualified patients registered
  320  in the medical marijuana use registry and who are issued a
  321  physician certification under this section.
  322         1. As soon as practicable, but no later than July 3, 2017,
  323  the department shall license as a medical marijuana treatment
  324  center any entity that holds an active, unrestricted license to
  325  cultivate, process, transport, and dispense low-THC cannabis,
  326  medical cannabis, and cannabis delivery devices, under former s.
  327  381.986, Florida Statutes 2016, before July 1, 2017, and which
  328  meets the requirements of this section. In addition to the
  329  authority granted under this section, these entities are
  330  authorized to dispense low-THC cannabis, medical cannabis, and
  331  cannabis delivery devices ordered pursuant to former s. 381.986,
  332  Florida Statutes 2016, which were entered into the compassionate
  333  use registry before July 1, 2017, and are authorized to begin
  334  dispensing marijuana under this section on July 3, 2017. The
  335  department may grant variances from the representations made in
  336  such an entity’s original application for approval under former
  337  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  338         2. The department shall license as medical marijuana
  339  treatment centers 10 applicants that meet the requirements of
  340  this section, under the following parameters:
  341         a. As soon as practicable, but no later than August 1,
  342  2017, the department shall license any applicant whose
  343  application was reviewed, evaluated, and scored by the
  344  department and which was denied a dispensing organization
  345  license by the department under former s. 381.986, Florida
  346  Statutes 2014; which had one or more administrative or judicial
  347  challenges pending as of January 1, 2017, or had a final ranking
  348  within one point of the highest final ranking in its region
  349  under former s. 381.986, Florida Statutes 2014; which meets the
  350  requirements of this section; and which provides documentation
  351  to the department that it has the existing infrastructure and
  352  technical and technological ability to begin cultivating
  353  marijuana within 30 days after registration as a medical
  354  marijuana treatment center.
  355         b. As soon as practicable, the department shall license one
  356  applicant that is a recognized class member of Pigford v.
  357  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  358  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  359  under this sub-subparagraph is exempt from the requirement of
  360  subparagraph (b)2.
  361         c. As soon as practicable, but no later than October 3,
  362  2017, the department shall license applicants that meet the
  363  requirements of this section in sufficient numbers to result in
  364  10 total licenses issued under this subparagraph, while
  365  accounting for the number of licenses issued under sub
  366  subparagraphs a. and b.
  367         3. For up to two of the licenses issued under subparagraph
  368  2., the department shall give preference to applicants that
  369  demonstrate in their applications that they own one or more
  370  facilities that are, or were, used for the canning,
  371  concentrating, or otherwise processing of citrus fruit or citrus
  372  molasses and will use or convert the facility or facilities for
  373  the processing of marijuana.
  374         4. Within 6 months after the registration of 100,000 active
  375  qualified patients in the medical marijuana use registry, the
  376  department shall license four additional medical marijuana
  377  treatment centers that meet the requirements of this section.
  378  Thereafter, the department shall license four medical marijuana
  379  treatment centers within 6 months after the registration of each
  380  additional 100,000 active qualified patients in the medical
  381  marijuana use registry that meet the requirements of this
  382  section.
  383         5. Dispensing facilities are subject to the following
  384  requirements:
  385         a. A medical marijuana treatment center may not establish
  386  or operate more than a statewide maximum of 25 dispensing
  387  facilities, unless the medical marijuana use registry reaches a
  388  total of 100,000 active registered qualified patients. When the
  389  medical marijuana use registry reaches 100,000 active registered
  390  qualified patients, and then upon each further instance of the
  391  total active registered qualified patients increasing by
  392  100,000, the statewide maximum number of dispensing facilities
  393  that each licensed medical marijuana treatment center may
  394  establish and operate increases by five.
  395         b. A medical marijuana treatment center may not establish
  396  more than the maximum number of dispensing facilities allowed in
  397  each of the Northwest, Northeast, Central, Southwest, and
  398  Southeast Regions. The department shall determine a medical
  399  marijuana treatment center’s maximum number of dispensing
  400  facilities allowed in each region by calculating the percentage
  401  of the total statewide population contained within that region
  402  and multiplying that percentage by the medical marijuana
  403  treatment center’s statewide maximum number of dispensing
  404  facilities established under sub-subparagraph a., rounded to the
  405  nearest whole number. The department shall ensure that such
  406  rounding does not cause a medical marijuana treatment center’s
  407  total number of statewide dispensing facilities to exceed its
  408  statewide maximum. The department shall initially calculate the
  409  maximum number of dispensing facilities allowed in each region
  410  for each medical marijuana treatment center using county
  411  population estimates from the Florida Estimates of Population
  412  2016, as published by the Office of Economic and Demographic
  413  Research, and shall perform recalculations following the
  414  official release of county population data resulting from each
  415  United States Decennial Census. For the purposes of this
  416  subparagraph:
  417         (I) The Northwest Region consists of Bay, Calhoun,
  418  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  419  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  420  Walton, and Washington Counties.
  421         (II) The Northeast Region consists of Alachua, Baker,
  422  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  423  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  424  Suwannee, and Union Counties.
  425         (III) The Central Region consists of Brevard, Citrus,
  426  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  427  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  428  Counties.
  429         (IV) The Southwest Region consists of Charlotte, Collier,
  430  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  431  Okeechobee, and Sarasota Counties.
  432         (V) The Southeast Region consists of Broward, Miami-Dade,
  433  Martin, Monroe, and Palm Beach Counties.
  434         c. If a medical marijuana treatment center establishes a
  435  number of dispensing facilities within a region that is less
  436  than the number allowed for that region under sub-subparagraph
  437  b., the medical marijuana treatment center may sell one or more
  438  of its unused dispensing facility slots to other licensed
  439  medical marijuana treatment centers. For each dispensing
  440  facility slot that a medical marijuana treatment center sells,
  441  that medical marijuana treatment center’s statewide maximum
  442  number of dispensing facilities, as determined under sub
  443  subparagraph a., is reduced by one. The statewide maximum number
  444  of dispensing facilities for a medical marijuana treatment
  445  center that purchases an unused dispensing facility slot is
  446  increased by one per slot purchased. Additionally, the sale of a
  447  dispensing facility slot shall reduce the seller’s regional
  448  maximum and increase the purchaser’s regional maximum number of
  449  dispensing facilities, as determined in sub-subparagraph b., by
  450  one for that region. For any slot purchased under this sub
  451  subparagraph, the regional restriction applied to that slot’s
  452  location under sub-subparagraph b. before the purchase shall
  453  remain in effect following the purchase. A medical marijuana
  454  treatment center that sells or purchases a dispensing facility
  455  slot must notify the department within 3 days of sale.
  456         d. A medical marijuana retail facility is not subject to
  457  the dispensing facility requirements of this subparagraph.
  458         e.d. This subparagraph shall expire on April 1, 2020.
  459  
  460  If this subparagraph or its application to any person or
  461  circumstance is held invalid, the invalidity does not affect
  462  other provisions or applications of this act which can be given
  463  effect without the invalid provision or application, and to this
  464  end, the provisions of this subparagraph are severable.
  465         (b) An applicant for licensure as a medical marijuana
  466  treatment center shall apply to the department on a form
  467  prescribed by the department and adopted in rule. The department
  468  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  469  establishing a procedure for the issuance and biennial renewal
  470  of licenses, including initial application and biennial renewal
  471  fees sufficient to cover the costs of implementing and
  472  administering this section, and establishing supplemental
  473  licensure fees for payment beginning May 1, 2018, sufficient to
  474  cover the costs of administering ss. 381.989 and 1004.4351. The
  475  department shall identify applicants with strong diversity plans
  476  reflecting this state’s commitment to diversity and implement
  477  training programs and other educational programs to enable
  478  minority persons and minority business enterprises, as defined
  479  in s. 288.703, and veteran business enterprises, as defined in
  480  s. 295.187, to compete for medical marijuana treatment center
  481  licensure and contracts. Subject to the requirements in
  482  subparagraphs (a)2.-4., the department shall issue a license to
  483  an applicant if the applicant meets the requirements of this
  484  section and pays the initial application fee. The department
  485  shall renew the licensure of a medical marijuana treatment
  486  center biennially if the licensee meets the requirements of this
  487  section and pays the biennial renewal fee. An individual may not
  488  be an applicant, owner, officer, board member, or manager on
  489  more than one application for licensure as a medical marijuana
  490  treatment center. An individual or entity may not be awarded
  491  more than one license as a medical marijuana treatment center.
  492  An applicant for licensure as a medical marijuana treatment
  493  center must demonstrate:
  494         1. That, for the 5 consecutive years before submitting the
  495  application, the applicant has been registered to do business in
  496  the state.
  497         2. Possession of a valid certificate of registration issued
  498  by the Department of Agriculture and Consumer Services pursuant
  499  to s. 581.131.
  500         3. The technical and technological ability to cultivate and
  501  produce marijuana, including, but not limited to, low-THC
  502  cannabis.
  503         4. The ability to secure the premises, resources, and
  504  personnel necessary to operate as a medical marijuana treatment
  505  center.
  506         5. The ability to maintain accountability of all raw
  507  materials, finished products, and any byproducts to prevent
  508  diversion or unlawful access to or possession of these
  509  substances.
  510         6. An infrastructure reasonably located to dispense
  511  marijuana to registered qualified patients statewide or
  512  regionally as determined by the department.
  513         7. The financial ability to maintain operations for the
  514  duration of the 2-year approval cycle, including the provision
  515  of certified financial statements to the department.
  516         a. Upon approval, the applicant must post a $5 million
  517  performance bond issued by an authorized surety insurance
  518  company rated in one of the three highest rating categories by a
  519  nationally recognized rating service. However, a medical
  520  marijuana treatment center serving at least 1,000 qualified
  521  patients is only required to maintain a $2 million performance
  522  bond.
  523         b. In lieu of the performance bond required under sub
  524  subparagraph a., the applicant may provide an irrevocable letter
  525  of credit payable to the department or provide cash to the
  526  department. If provided with cash under this sub-subparagraph,
  527  the department shall deposit the cash in the Grants and
  528  Donations Trust Fund within the Department of Health, subject to
  529  the same conditions as the bond regarding requirements for the
  530  applicant to forfeit ownership of the funds. If the funds
  531  deposited under this sub-subparagraph generate interest, the
  532  amount of that interest shall be used by the department for the
  533  administration of this section.
  534         8. That all owners, officers, board members, and managers
  535  have passed a background screening pursuant to subsection (10)
  536  subsection (9).
  537         9. The employment of a medical director to supervise the
  538  activities of the medical marijuana treatment center.
  539         10. A diversity plan that promotes and ensures the
  540  involvement of minority persons and minority business
  541  enterprises, as defined in s. 288.703, or veteran business
  542  enterprises, as defined in s. 295.187, in ownership, management,
  543  and employment. An applicant for licensure renewal must show the
  544  effectiveness of the diversity plan by including the following
  545  with his or her application for renewal:
  546         a. Representation of minority persons and veterans in the
  547  medical marijuana treatment center’s workforce;
  548         b. Efforts to recruit minority persons and veterans for
  549  employment; and
  550         c. A record of contracts for services with minority
  551  business enterprises and veteran business enterprises.
  552         (c) A medical marijuana treatment center may not make a
  553  wholesale purchase of marijuana from, or a distribution of
  554  marijuana to, another medical marijuana treatment center, unless
  555  the medical marijuana treatment center seeking to make a
  556  wholesale purchase of marijuana submits proof of harvest failure
  557  to the department.
  558         (d) The department shall establish, maintain, and control a
  559  computer software tracking system that traces marijuana from
  560  seed to sale and allows real-time, 24-hour access by the
  561  department to data from all medical marijuana treatment centers,
  562  medical marijuana retail facilities, and marijuana testing
  563  laboratories. The tracking system must allow for integration of
  564  other seed-to-sale systems and, at a minimum, include
  565  notification of when marijuana seeds are planted, when marijuana
  566  plants are harvested and destroyed, and when marijuana is
  567  transported, sold, stolen, diverted, or lost. Each medical
  568  marijuana treatment center and each medical marijuana retail
  569  facility shall use the seed-to-sale tracking system established
  570  by the department or integrate its own seed-to-sale tracking
  571  system with the seed-to-sale tracking system established by the
  572  department. Each medical marijuana treatment center and each
  573  medical marijuana retail facility may use its own seed-to-sale
  574  system until the department establishes a seed-to-sale tracking
  575  system. The department may contract with a vendor to establish
  576  the seed-to-sale tracking system. The vendor selected by the
  577  department may not have a contractual relationship with the
  578  department to perform any services pursuant to this section
  579  other than the seed-to-sale tracking system. The vendor may not
  580  have a direct or indirect financial interest in a medical
  581  marijuana treatment center, a medical marijuana retail facility,
  582  or a marijuana testing laboratory.
  583         (e) A licensed medical marijuana treatment center may shall
  584  cultivate, process, transport, and dispense marijuana for
  585  medical use. A licensed medical marijuana treatment center may
  586  not contract for services directly related to the cultivation
  587  and, processing, and dispensing of marijuana or marijuana
  588  delivery devices., except that A medical marijuana treatment
  589  center licensed pursuant to subparagraph (a)1. may contract with
  590  no more than 10 licensed medical marijuana retail facilities to
  591  dispense a single entity for the cultivation, processing,
  592  transporting, and dispensing of marijuana, and marijuana
  593  delivery devices, and edibles pursuant to subsection (9). A
  594  licensed medical marijuana treatment center must, at all times,
  595  maintain compliance with the criteria demonstrated and
  596  representations made in the initial application and the criteria
  597  established in this subsection. Upon request, the department may
  598  grant a medical marijuana treatment center a variance from the
  599  representations made in the initial application. Consideration
  600  of such a request shall be based upon the individual facts and
  601  circumstances surrounding the request. A variance may not be
  602  granted unless the requesting medical marijuana treatment center
  603  can demonstrate to the department that it has a proposed
  604  alternative to the specific representation made in its
  605  application which fulfills the same or a similar purpose as the
  606  specific representation in a way that the department can
  607  reasonably determine will not be a lower standard than the
  608  specific representation in the application. A variance may not
  609  be granted from the requirements in subparagraph 2. and
  610  subparagraphs (b)1. and 2.
  611         1. A licensed medical marijuana treatment center may
  612  transfer ownership to an individual or entity who meets the
  613  requirements of this section. A publicly traded corporation or
  614  publicly traded company that meets the requirements of this
  615  section is not precluded from ownership of a medical marijuana
  616  treatment center. To accommodate a change in ownership:
  617         a. The licensed medical marijuana treatment center shall
  618  notify the department in writing at least 60 days before the
  619  anticipated date of the change of ownership.
  620         b. The individual or entity applying for initial licensure
  621  due to a change of ownership must submit an application that
  622  must be received by the department at least 60 days before the
  623  date of change of ownership.
  624         c. Upon receipt of an application for a license, the
  625  department shall examine the application and, within 30 days
  626  after receipt, notify the applicant in writing of any apparent
  627  errors or omissions and request any additional information
  628  required.
  629         d. Requested information omitted from an application for
  630  licensure must be filed with the department within 21 days after
  631  the department’s request for omitted information or the
  632  application shall be deemed incomplete and shall be withdrawn
  633  from further consideration and the fees shall be forfeited.
  634  
  635  Within 30 days after the receipt of a complete application, the
  636  department shall approve or deny the application.
  637         2. A medical marijuana treatment center, and any individual
  638  or entity who directly or indirectly owns, controls, or holds
  639  with power to vote 5 percent or more of the voting shares of a
  640  medical marijuana treatment center, may not acquire direct or
  641  indirect ownership or control of any voting shares or other form
  642  of ownership of any other medical marijuana treatment center. A
  643  medical marijuana treatment center may not directly or
  644  indirectly own or operate a medical marijuana retail facility.
  645         3. A medical marijuana treatment center may not enter into
  646  any form of profit-sharing arrangement with the property owner
  647  or lessor of any of its facilities where cultivation,
  648  processing, storing, or dispensing of marijuana and marijuana
  649  delivery devices occurs.
  650         4. All employees of a medical marijuana treatment center
  651  must be 21 years of age or older and have passed a background
  652  screening pursuant to subsection (10) subsection (9).
  653         5. Each medical marijuana treatment center must adopt and
  654  enforce policies and procedures to ensure employees and
  655  volunteers receive training on the legal requirements to
  656  dispense marijuana to qualified patients.
  657         6. When growing marijuana, a medical marijuana treatment
  658  center:
  659         a. May use pesticides determined by the department, after
  660  consultation with the Department of Agriculture and Consumer
  661  Services, to be safely applied to plants intended for human
  662  consumption, but may not use pesticides designated as
  663  restricted-use pesticides pursuant to s. 487.042.
  664         b. Must grow marijuana within an enclosed structure and in
  665  a room separate from any other plant.
  666         c. Must inspect seeds and growing plants for plant pests
  667  that endanger or threaten the horticultural and agricultural
  668  interests of the state in accordance with chapter 581 and any
  669  rules adopted thereunder.
  670         d. Must perform fumigation or treatment of plants, or
  671  remove and destroy infested or infected plants, in accordance
  672  with chapter 581 and any rules adopted thereunder.
  673         7. Each medical marijuana treatment center must produce and
  674  make available for purchase at least one low-THC cannabis
  675  product.
  676         8. A medical marijuana treatment center that produces
  677  edibles must hold a permit to operate as a food establishment
  678  pursuant to chapter 500, the Florida Food Safety Act, and must
  679  comply with all the requirements for food establishments
  680  pursuant to chapter 500 and any rules adopted thereunder.
  681  Edibles may not contain more than 200 milligrams of
  682  tetrahydrocannabinol, and a single serving portion of an edible
  683  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  684  may have a potency variance of no greater than 15 percent.
  685  Edibles may not be attractive to children; be manufactured in
  686  the shape of humans, cartoons, or animals; be manufactured in a
  687  form that bears any reasonable resemblance to products available
  688  for consumption as commercially available candy; or contain any
  689  color additives. To discourage consumption of edibles by
  690  children, the department shall determine by rule any shapes,
  691  forms, and ingredients allowed and prohibited for edibles.
  692  Medical marijuana treatment centers may not begin processing or
  693  dispensing edibles until after the effective date of the rule.
  694  The department shall also adopt sanitation rules providing the
  695  standards and requirements for the storage, display, or
  696  dispensing of edibles.
  697         9. Within 12 months after licensure, a medical marijuana
  698  treatment center must demonstrate to the department that all of
  699  its processing facilities have passed a Food Safety Good
  700  Manufacturing Practices, such as Global Food Safety Initiative
  701  or equivalent, inspection by a nationally accredited certifying
  702  body. A medical marijuana treatment center must immediately stop
  703  processing at any facility which fails to pass this inspection
  704  until it demonstrates to the department that such facility has
  705  met this requirement.
  706         10. A medical marijuana treatment center that produces
  707  prerolled marijuana cigarettes may not use wrapping paper made
  708  with tobacco or hemp.
  709         11. When processing marijuana, a medical marijuana
  710  treatment center must:
  711         a. Process the marijuana within an enclosed structure and
  712  in a room separate from other plants or products.
  713         b. Comply with department rules when processing marijuana
  714  with hydrocarbon solvents or other solvents or gases exhibiting
  715  potential toxicity to humans. The department shall determine by
  716  rule the requirements for medical marijuana treatment centers to
  717  use such solvents or gases exhibiting potential toxicity to
  718  humans.
  719         c. Comply with federal and state laws and regulations and
  720  department rules for solid and liquid wastes. The department
  721  shall determine by rule procedures for the storage, handling,
  722  transportation, management, and disposal of solid and liquid
  723  waste generated during marijuana production and processing. The
  724  Department of Environmental Protection shall assist the
  725  department in developing such rules.
  726         d. Test the processed marijuana using a medical marijuana
  727  testing laboratory before it is dispensed. Results must be
  728  verified and signed by two medical marijuana treatment center
  729  employees. Before dispensing, the medical marijuana treatment
  730  center must determine that the test results indicate that low
  731  THC cannabis meets the definition of low-THC cannabis, the
  732  concentration of tetrahydrocannabinol meets the potency
  733  requirements of this section, the labeling of the concentration
  734  of tetrahydrocannabinol and cannabidiol is accurate, and all
  735  marijuana is safe for human consumption and free from
  736  contaminants that are unsafe for human consumption. The
  737  department shall determine by rule which contaminants must be
  738  tested for and the maximum levels of each contaminant which are
  739  safe for human consumption. The Department of Agriculture and
  740  Consumer Services shall assist the department in developing the
  741  testing requirements for contaminants that are unsafe for human
  742  consumption in edibles. The department shall also determine by
  743  rule the procedures for the treatment of marijuana that fails to
  744  meet the testing requirements of this section, s. 381.988, or
  745  department rule. The department may select a random sample from
  746  edibles available for purchase in a dispensing facility which
  747  shall be tested by the department to determine that the edible
  748  meets the potency requirements of this section, is safe for
  749  human consumption, and the labeling of the tetrahydrocannabinol
  750  and cannabidiol concentration is accurate. A medical marijuana
  751  treatment center may not require payment from the department for
  752  the sample. A medical marijuana treatment center must recall
  753  edibles, including all edibles made from the same batch of
  754  marijuana, which fail to meet the potency requirements of this
  755  section, which are unsafe for human consumption, or for which
  756  the labeling of the tetrahydrocannabinol and cannabidiol
  757  concentration is inaccurate. The medical marijuana treatment
  758  center must retain records of all testing and samples of each
  759  homogenous batch of marijuana for at least 9 months. The medical
  760  marijuana treatment center must contract with a marijuana
  761  testing laboratory to perform audits on the medical marijuana
  762  treatment center’s standard operating procedures, testing
  763  records, and samples and provide the results to the department
  764  to confirm that the marijuana or low-THC cannabis meets the
  765  requirements of this section and that the marijuana or low-THC
  766  cannabis is safe for human consumption. A medical marijuana
  767  treatment center shall reserve two processed samples from each
  768  batch and retain such samples for at least 9 months for the
  769  purpose of such audits. A medical marijuana treatment center may
  770  use a laboratory that has not been certified by the department
  771  under s. 381.988 until such time as at least one laboratory
  772  holds the required certification, but in no event later than
  773  July 1, 2018.
  774         e. Package the marijuana in compliance with the United
  775  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  776  1471 et seq.
  777         f. Package the marijuana in a receptacle that has a firmly
  778  affixed and legible label stating the following information:
  779         (I) The marijuana or low-THC cannabis meets the
  780  requirements of sub-subparagraph d.
  781         (II) The name of the medical marijuana treatment center
  782  from which the marijuana originates.
  783         (III) The batch number and harvest number from which the
  784  marijuana originates and the date dispensed.
  785         (IV) The name of the physician who issued the physician
  786  certification.
  787         (V) The name of the patient.
  788         (VI) The product name, if applicable, and dosage form,
  789  including concentration of tetrahydrocannabinol and cannabidiol.
  790  The product name may not contain wording commonly associated
  791  with products marketed by or to children.
  792         (VII) The recommended dose.
  793         (VIII) A warning that it is illegal to transfer medical
  794  marijuana to another person.
  795         (IX) A marijuana universal symbol developed by the
  796  department.
  797         12. The medical marijuana treatment center shall include in
  798  each package a patient package insert with information on the
  799  specific product dispensed related to:
  800         a. Clinical pharmacology.
  801         b. Indications and use.
  802         c. Dosage and administration.
  803         d. Dosage forms and strengths.
  804         e. Contraindications.
  805         f. Warnings and precautions.
  806         g. Adverse reactions.
  807         13. In addition to the packaging and labeling requirements
  808  specified in subparagraphs 11. and 12., marijuana in a form for
  809  smoking must be packaged in a sealed receptacle with a legible
  810  and prominent warning to keep away from children and a warning
  811  that states marijuana smoke contains carcinogens and may
  812  negatively affect health. Such receptacles for marijuana in a
  813  form for smoking must be plain, opaque, and white without
  814  depictions of the product or images other than the medical
  815  marijuana treatment center’s department-approved logo and the
  816  marijuana universal symbol.
  817         14. The department shall adopt rules to regulate the types,
  818  appearance, and labeling of marijuana delivery devices dispensed
  819  from a medical marijuana treatment center. The rules must
  820  require marijuana delivery devices to have an appearance
  821  consistent with medical use.
  822         15. Each edible shall be individually sealed in plain,
  823  opaque wrapping marked only with the marijuana universal symbol.
  824  Where practical, each edible shall be marked with the marijuana
  825  universal symbol. In addition to the packaging and labeling
  826  requirements in subparagraphs 11. and 12., edible receptacles
  827  must be plain, opaque, and white without depictions of the
  828  product or images other than the medical marijuana treatment
  829  center’s department-approved logo and the marijuana universal
  830  symbol. The receptacle must also include a list of all the
  831  edible’s ingredients, storage instructions, an expiration date,
  832  a legible and prominent warning to keep away from children and
  833  pets, and a warning that the edible has not been produced or
  834  inspected pursuant to federal food safety laws.
  835         16. When dispensing marijuana or a marijuana delivery
  836  device, a medical marijuana treatment center:
  837         a. May dispense any active, valid order for low-THC
  838  cannabis, medical cannabis, and cannabis delivery devices issued
  839  pursuant to former s. 381.986, Florida Statutes 2016, which was
  840  entered into the medical marijuana use registry before July 1,
  841  2017.
  842         b. May not dispense more than a 70-day supply of marijuana
  843  within any 70-day period to a qualified patient or caregiver.
  844  May not dispense more than one 35-day supply of marijuana in a
  845  form for smoking within any 35-day period to a qualified patient
  846  or caregiver. A 35-day supply of marijuana in a form for smoking
  847  may not exceed 2.5 ounces unless an exception to this amount is
  848  approved by the department pursuant to paragraph (4)(f).
  849         c. Must have the medical marijuana treatment center’s
  850  employee who dispenses the marijuana or a marijuana delivery
  851  device enter into the medical marijuana use registry his or her
  852  name or unique employee identifier.
  853         d. Must verify that the qualified patient and the
  854  caregiver, if applicable, each have an active registration in
  855  the medical marijuana use registry and an active and valid
  856  medical marijuana use registry identification card, the amount
  857  and type of marijuana dispensed matches the physician
  858  certification in the medical marijuana use registry for that
  859  qualified patient, and the physician certification has not
  860  already been filled.
  861         e. May not dispense marijuana to a qualified patient who is
  862  younger than 18 years of age. If the qualified patient is
  863  younger than 18 years of age, marijuana may only be dispensed
  864  only to the qualified patient’s caregiver.
  865         f. May not dispense or sell any other type of cannabis,
  866  alcohol, or illicit drug-related product, including pipes or
  867  wrapping papers made with tobacco or hemp, other than a
  868  marijuana delivery device required for the medical use of
  869  marijuana and which is specified in a physician certification.
  870         g. Must, upon dispensing the marijuana or marijuana
  871  delivery device, record in the registry the date, time,
  872  quantity, and form of marijuana dispensed; the type of marijuana
  873  delivery device dispensed; and the name and medical marijuana
  874  use registry identification number of the qualified patient or
  875  caregiver to whom the marijuana delivery device was dispensed.
  876         h. Must ensure that patient records are not visible to
  877  anyone other than the qualified patient, his or her caregiver,
  878  and authorized medical marijuana treatment center employees.
  879         (f) To ensure the safety and security of premises where the
  880  cultivation, processing, storing, or dispensing of marijuana
  881  occurs, and to maintain adequate controls against the diversion,
  882  theft, and loss of marijuana or marijuana delivery devices, a
  883  medical marijuana treatment center shall:
  884         1.a. Maintain a fully operational security alarm system
  885  that secures all entry points and perimeter windows and is
  886  equipped with motion detectors; pressure switches; and duress,
  887  panic, and hold-up alarms; and
  888         b. Maintain a video surveillance system that records
  889  continuously 24 hours a day and meets the following criteria:
  890         (I) Cameras are fixed in a place that allows for the clear
  891  identification of persons and activities in controlled areas of
  892  the premises. Controlled areas include grow rooms, processing
  893  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  894  rooms.
  895         (II) Cameras are fixed in entrances and exits to the
  896  premises, which shall record from both indoor and outdoor, or
  897  ingress and egress, vantage points.
  898         (III) Recorded images must clearly and accurately display
  899  the time and date.
  900         (IV) Retain Video surveillance recordings are retained for
  901  at least 45 days or longer upon the request of a law enforcement
  902  agency.
  903         2. Ensure that the medical marijuana treatment center’s
  904  outdoor premises have sufficient lighting from dusk until dawn.
  905         3. Ensure that the indoor premises where dispensing occurs
  906  includes a waiting area with sufficient space and seating to
  907  accommodate qualified patients and caregivers and at least one
  908  private consultation area that is isolated from the waiting area
  909  and area where dispensing occurs. A medical marijuana treatment
  910  center may not display products or dispense marijuana or
  911  marijuana delivery devices in the waiting area.
  912         4. Not dispense from its premises marijuana or a marijuana
  913  delivery device between the hours of 9 p.m. and 7 a.m., but may
  914  perform all other operations and deliver marijuana to qualified
  915  patients 24 hours a day.
  916         5. Store marijuana in a secured, locked room or a vault.
  917         6. Require at least two of its employees, or two employees
  918  of a security agency with whom it contracts, to be on the
  919  premises at all times where cultivation, processing, or storing
  920  of marijuana occurs.
  921         7. Require each employee or contractor to wear a photo
  922  identification badge at all times while on the premises.
  923         8. Require each visitor to wear a visitor pass at all times
  924  while on the premises.
  925         9. Implement an alcohol and drug-free workplace policy.
  926         10. Report to local law enforcement within 24 hours after
  927  the medical marijuana treatment center is notified or becomes
  928  aware of the theft, diversion, or loss of marijuana.
  929         (g) To ensure the safe transport of marijuana and marijuana
  930  delivery devices to medical marijuana treatment centers,
  931  marijuana testing laboratories, or qualified patients, a medical
  932  marijuana treatment center must:
  933         1. Maintain a marijuana transportation manifest in any
  934  vehicle transporting marijuana. The marijuana transportation
  935  manifest must be generated from a medical marijuana treatment
  936  center’s seed-to-sale tracking system and include the:
  937         a. Departure date and approximate time of departure.
  938         b. Name, location address, and license number of the
  939  originating medical marijuana treatment center.
  940         c. Name and address of the recipient of the delivery.
  941         d. Quantity and form of any marijuana or marijuana delivery
  942  device being transported.
  943         e. Arrival date and estimated time of arrival.
  944         f. Delivery vehicle make and model and license plate
  945  number.
  946         g. Name and signature of the medical marijuana treatment
  947  center employees delivering the product.
  948         (I) A copy of the marijuana transportation manifest must be
  949  provided to each individual, medical marijuana treatment center,
  950  or marijuana testing laboratory that receives a delivery. The
  951  individual, or a representative of the center or laboratory,
  952  must sign a copy of the marijuana transportation manifest
  953  acknowledging receipt.
  954         (II) An individual transporting marijuana or a marijuana
  955  delivery device must present a copy of the relevant marijuana
  956  transportation manifest and his or her employee identification
  957  card to a law enforcement officer upon request.
  958         (III) Medical marijuana treatment centers and marijuana
  959  testing laboratories must retain copies of all marijuana
  960  transportation manifests for at least 3 years.
  961         2. Ensure only vehicles in good working order are used to
  962  transport marijuana.
  963         3. Lock marijuana and marijuana delivery devices in a
  964  separate compartment or container within the vehicle.
  965         4. Require employees to have possession of their employee
  966  identification card at all times when transporting marijuana or
  967  marijuana delivery devices.
  968         5. Require at least two persons to be in a vehicle
  969  transporting marijuana or marijuana delivery devices, and
  970  require at least one person to remain in the vehicle while the
  971  marijuana or marijuana delivery device is being delivered.
  972         6. Provide specific safety and security training to
  973  employees transporting or delivering marijuana and marijuana
  974  delivery devices.
  975         (h) A medical marijuana treatment center may not engage in
  976  advertising that is visible to members of the public from any
  977  street, sidewalk, park, or other public place, except:
  978         1. The dispensing location of a medical marijuana treatment
  979  center may have a sign that is affixed to the outside or hanging
  980  in the window of the premises which identifies the dispensary by
  981  the licensee’s business name, a department-approved trade name,
  982  or a department-approved logo. A medical marijuana treatment
  983  center’s trade name and logo may not contain wording or images
  984  commonly associated with marketing targeted toward children or
  985  which promote recreational use of marijuana.
  986         2. A medical marijuana treatment center may engage in
  987  Internet advertising and marketing under the following
  988  conditions:
  989         a. All advertisements must be approved by the department.
  990         b. An advertisement may not have any content that
  991  specifically targets individuals under the age of 18, including
  992  cartoon characters or similar images.
  993         c. An advertisement may not be an unsolicited pop-up
  994  advertisement.
  995         d. Opt-in marketing must include an easy and permanent opt
  996  out feature.
  997         (i) Each medical marijuana treatment center that dispenses
  998  marijuana and marijuana delivery devices shall make available to
  999  the public on its website:
 1000         1. Each marijuana and low-THC product available for
 1001  purchase, including the form, strain of marijuana from which it
 1002  was extracted, cannabidiol content, tetrahydrocannabinol
 1003  content, dose unit, total number of doses available, and the
 1004  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1005         2. The price for a 30-day, 50-day, and 70-day supply at a
 1006  standard dose for each marijuana and low-THC product available
 1007  for purchase.
 1008         3. The price for each marijuana delivery device available
 1009  for purchase.
 1010         4. If applicable, any discount policies and eligibility
 1011  criteria for such discounts.
 1012         (j) Medical marijuana treatment centers are the sole source
 1013  from which A qualified patient may legally obtain marijuana only
 1014  from a medical marijuana treatment center or a medical marijuana
 1015  retail facility.
 1016         (k) The department may adopt rules pursuant to ss.
 1017  120.536(1) and 120.54 to implement this subsection.
 1018         (9)MEDICAL MARIJUANA RETAIL FACILITIES.—The department
 1019  shall license medical marijuana retail facilities to ensure
 1020  reasonable statewide accessibility and availability as necessary
 1021  for qualified patients who are registered in the medical
 1022  marijuana use registry and who are issued a physician
 1023  certification under this section. The department shall begin
 1024  issuing medical marijuana retail facility licenses by August 1,
 1025  2020.
 1026         (a)An applicant for licensure as a medical marijuana
 1027  retail facility shall apply to the department on a form
 1028  prescribed by the department and adopted in rule. The department
 1029  shall adopt rules pursuant to ss. 120.536(1) and 120.54
 1030  establishing a procedure for the issuance and biennial renewal
 1031  of licenses. The department shall identify applicants with
 1032  strong diversity plans reflecting this state’s commitment to
 1033  diversity and it shall implement training programs and other
 1034  educational programs to enable minority persons and minority
 1035  business enterprises, as defined in s. 288.703, and veteran
 1036  business enterprises, as defined in s. 295.187, to qualify for
 1037  medical marijuana retail facility licensure and contracts. The
 1038  department shall issue a license to an applicant if the
 1039  applicant meets the requirements of this subsection and rules
 1040  adopted under this subsection. The department shall renew the
 1041  licensure of a medical marijuana retail facility biennially if
 1042  the licensee meets the requirements of this subsection and rules
 1043  adopted under this subsection. An individual may not be an
 1044  applicant, owner, officer, board member, or manager on more than
 1045  one application for licensure as a medical marijuana retail
 1046  facility. An individual or entity may not be awarded more than
 1047  one license as a medical marijuana retail facility. Each medical
 1048  marijuana retail facility license is valid for one physical
 1049  location. A medical marijuana treatment center may not be
 1050  awarded a license to operate a medical marijuana retail
 1051  facility.
 1052         (b)An applicant for licensure as a medical marijuana
 1053  retail facility must demonstrate:
 1054         1.The ability to secure the premises, resources, and
 1055  personnel necessary to operate as a medical marijuana retail
 1056  facility.
 1057         2.The ability to maintain accountability for all raw
 1058  materials, all finished products, and any byproducts to prevent
 1059  diversion or unlawful access to or possession of these
 1060  substances.
 1061         3.An infrastructure reasonably located to dispense
 1062  marijuana to registered qualified patients statewide or
 1063  regionally, as determined by the department.
 1064         4.The financial ability to maintain operations for the
 1065  duration of the 2-year approval cycle, including the provision
 1066  of certified financial statements to the department.
 1067         5.That all owners, officers, board members, and managers
 1068  have passed a background screening pursuant to subsection (10).
 1069         6.The employment of a medical director to supervise the
 1070  activities of the medical marijuana retail facility.
 1071         7.A diversity plan that promotes and ensures the
 1072  involvement of minority persons and minority business
 1073  enterprises, as defined in s. 288.703, or veteran business
 1074  enterprises, as defined in s. 295.187, in ownership, management,
 1075  and employment. An applicant for licensure renewal must show the
 1076  effectiveness of the diversity plan by including the following
 1077  with his or her application for renewal:
 1078         a.Representation of minority persons and veterans in the
 1079  medical marijuana retail facility’s workforce;
 1080         b.Efforts to recruit minority persons and veterans for
 1081  employment; and
 1082         c.A record of contracts for services with minority
 1083  business enterprises and veteran business enterprises.
 1084         8.Proof of liability insurance coverage of at least
 1085  $250,000 for each facility that dispenses or stores marijuana or
 1086  medical marijuana delivery devices.
 1087         (c)A medical marijuana retail facility may not make a
 1088  wholesale purchase of marijuana from a medical marijuana
 1089  treatment center.
 1090         (d)A medical marijuana retail facility may not transport
 1091  marijuana, marijuana delivery devices, or edibles.
 1092         (e)A medical marijuana retail facility may contract with
 1093  only one medical marijuana treatment center to dispense
 1094  marijuana, marijuana delivery devices, or edibles to a qualified
 1095  patient or caregiver.
 1096         (f)1.A medical marijuana retail facility may transfer
 1097  ownership to an individual or entity that meets the requirements
 1098  of this section. A publicly traded corporation or publicly
 1099  traded company that meets the requirements of this section is
 1100  not precluded from ownership of a medical marijuana retail
 1101  facility. To accommodate a change in ownership:
 1102         a.The medical marijuana retail facility shall notify the
 1103  department in writing at least 60 days before the anticipated
 1104  date of the change of ownership.
 1105         b.The individual or entity applying for initial licensure
 1106  due to a change of ownership must submit an application that
 1107  must be received by the department at least 60 days before the
 1108  date of the change of ownership.
 1109         c.Upon receipt of an application for a license, the
 1110  department shall examine the application and, within 30 days
 1111  after receipt, notify the applicant in writing of any apparent
 1112  errors or omissions and request any additional information
 1113  required.
 1114         d.Requested information omitted from an application for
 1115  licensure must be filed with the department within 21 days after
 1116  the department’s request for omitted information or the
 1117  application shall be deemed incomplete and must be withdrawn
 1118  from further consideration, and any fees shall be forfeited.
 1119  
 1120  Within 30 days after the receipt of a complete application, the
 1121  department shall approve or deny the application.
 1122         2.A medical marijuana retail facility, and any individual
 1123  or entity that directly or indirectly owns, controls, or holds
 1124  with power to vote 5 percent or more of the voting shares of a
 1125  medical marijuana retail facility, may not acquire direct or
 1126  indirect ownership or control of any voting shares or other form
 1127  of ownership of any other medical marijuana retail facility.
 1128         3.A medical marijuana retail facility may not enter into
 1129  any form of profit-sharing arrangement with the property owner
 1130  or lessor of any of its facilities where storing or dispensing
 1131  of marijuana and marijuana delivery devices occurs.
 1132         4.All employees of a medical marijuana retail facility
 1133  must be 21 years of age or older and have passed a background
 1134  screening pursuant to subsection (10).
 1135         5.Each medical marijuana retail facility must adopt and
 1136  enforce policies and procedures to ensure employees and
 1137  volunteers receive training on the legal requirements to
 1138  dispense marijuana to qualified patients.
 1139         6.Each medical marijuana retail facility must make
 1140  available for purchase at least one low-THC cannabis product.
 1141         7.A medical marijuana retail facility may not repackage or
 1142  modify marijuana or a medical marijuana delivery device packaged
 1143  for retail sale by a contracted medical marijuana treatment
 1144  center.
 1145         8.A medical marijuana retail facility may not process or
 1146  produce edibles, but it may dispense to a qualified patient or
 1147  caregiver edibles in the original packaging and with the
 1148  original labeling affixed as received from a contracted medical
 1149  marijuana treatment center. Onsite consumption of marijuana or
 1150  edibles at a medical marijuana retail facility is prohibited.
 1151  The department may select a random sample from edibles available
 1152  for purchase in a medical marijuana retail facility to be tested
 1153  by the department to determine whether the edible meets the
 1154  potency requirements of subparagraph (8)(e)8. and is safe for
 1155  human consumption, and whether the labeling of the
 1156  tetrahydrocannabinol and cannabidiol concentration is accurate.
 1157  A medical marijuana retail facility may not require payment from
 1158  the department for the sample. A medical marijuana retail
 1159  facility must recall edibles, including all edibles made from
 1160  the same batch of marijuana, which fail to meet the potency
 1161  requirements, which are unsafe for human consumption, or for
 1162  which the labeling of the tetrahydrocannabinol and cannabidiol
 1163  concentration is inaccurate.
 1164         9.When dispensing marijuana or a marijuana delivery
 1165  device, a medical marijuana retail facility:
 1166         a.May dispense any active, valid order for low-THC
 1167  cannabis, medical cannabis, and cannabis delivery devices issued
 1168  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1169  entered into the medical marijuana use registry before July 1,
 1170  2017.
 1171         b.May not dispense more than a 70-day supply of marijuana
 1172  to a qualified patient or caregiver.
 1173         c.Must require that its employee who dispenses the
 1174  marijuana or a marijuana delivery device enter into the medical
 1175  marijuana use registry his or her name or unique employee
 1176  identifier.
 1177         d.Must verify that the qualified patient and the
 1178  caregiver, if applicable, each have an active registration in
 1179  the medical marijuana use registry and an active and valid
 1180  medical marijuana use registry identification card, that the
 1181  amount and type of marijuana dispensed matches the physician
 1182  certification in the medical marijuana use registry for that
 1183  qualified patient, and that the physician certification has not
 1184  already been filled.
 1185         e.May not dispense marijuana to a qualified patient who is
 1186  younger than 18 years of age. If the qualified patient is
 1187  younger than 18 years of age, marijuana may be dispensed only to
 1188  the qualified patient’s caregiver.
 1189         f.May not dispense or sell any other type of cannabis,
 1190  alcohol, or illicit drug-related product, including pipes,
 1191  bongs, or rolling papers, other than a marijuana delivery device
 1192  required for the medical use of marijuana which is specified in
 1193  a physician certification.
 1194         g.Must, upon dispensing the marijuana or marijuana
 1195  delivery device, record in the registry the date, time,
 1196  quantity, and form of marijuana dispensed; the type of marijuana
 1197  delivery device dispensed; and the name and medical marijuana
 1198  use registry identification number of the qualified patient or
 1199  caregiver to whom the marijuana or marijuana delivery device was
 1200  dispensed.
 1201         h.Must ensure that patient records are not visible to
 1202  anyone other than the qualified patient, his or her caregiver,
 1203  and authorized medical marijuana retail facility employees.
 1204         (g)To ensure the safety and security of premises where the
 1205  storing or dispensing of marijuana occurs, and to maintain
 1206  adequate controls against the diversion, theft, and loss of
 1207  marijuana or marijuana delivery devices, a medical marijuana
 1208  retail facility shall:
 1209         1.a.Maintain a fully operational security alarm system
 1210  that secures all entry points and perimeter windows and is
 1211  equipped with motion detectors; pressure switches; and duress,
 1212  panic, and hold-up alarms; and
 1213         b.Maintain a video surveillance system that records
 1214  continuously, 24 hours a day, and meets the following criteria:
 1215         (I)Cameras are fixed in a place that allows for the clear
 1216  identification of persons and activities in controlled areas of
 1217  the premises. Controlled areas include grow rooms, processing
 1218  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1219  rooms.
 1220         (II)Cameras are fixed in entrances and exits to the
 1221  premises and record from indoor and outdoor, or ingress and
 1222  egress, vantage points.
 1223         (III)Recorded images clearly and accurately display the
 1224  time and date.
 1225         (IV)Video surveillance recordings are retained for at
 1226  least 45 days, or longer upon the request of a law enforcement
 1227  agency.
 1228         2.Ensure that the outdoor premises have sufficient
 1229  lighting from dusk until dawn.
 1230         3.Ensure that the indoor premises where dispensing occurs
 1231  include a waiting area with sufficient space and seating to
 1232  accommodate qualified patients and caregivers and at least one
 1233  private consultation area that is isolated from the waiting area
 1234  and the area where dispensing occurs. A medical marijuana retail
 1235  facility may not display products or dispense marijuana or
 1236  marijuana delivery devices in the waiting area.
 1237         4.Not dispense from its premises marijuana or a marijuana
 1238  delivery device between the hours of 9 p.m. and 7 a.m. but may
 1239  perform all other operations and deliver marijuana to qualified
 1240  patients 24 hours a day.
 1241         5.Store marijuana in a secured, locked room or a vault.
 1242         6.Require at least two of its employees, or two employees
 1243  of a security agency with whom it contracts, to be on the
 1244  premises at all times where cultivation, processing, or storing
 1245  of marijuana occurs.
 1246         7.Require each employee or contractor to wear a photo
 1247  identification badge at all times while on the premises.
 1248         8.Require each visitor to wear a visitor pass at all times
 1249  while on the premises.
 1250         9.Implement an alcohol- and drug-free workplace policy.
 1251         10.Report to local law enforcement within 24 hours after
 1252  being notified or becoming aware of the theft, diversion, or
 1253  loss of marijuana.
 1254         (h)A medical marijuana retail facility may not engage in
 1255  Internet sales.
 1256         (i)A medical marijuana retail facility may not engage in
 1257  advertising that is visible to members of the public from any
 1258  street, sidewalk, park, or other public place, except:
 1259         1.A medical marijuana retail facility may have a sign that
 1260  is affixed to the outside, or hanging in the window, of the
 1261  premises which identifies the facility by the licensee’s
 1262  business name, a department-approved trade name, or a
 1263  department-approved logo. A medical marijuana retail facility’s
 1264  trade name and logo may not contain wording or images commonly
 1265  associated with marketing targeted toward children or which
 1266  promote recreational use of marijuana.
 1267         2.A medical marijuana retail facility may engage in
 1268  Internet advertising and marketing under the following
 1269  conditions:
 1270         a.All advertisements must be approved by the department.
 1271         b.An advertisement may not have any content that
 1272  specifically targets individuals under the age of 18, including
 1273  cartoon characters or similar images.
 1274         c.An advertisement may not be an unsolicited pop-up
 1275  advertisement.
 1276         d.Opt-in marketing must include an easy and permanent opt
 1277  out feature.
 1278         (j)Each medical marijuana retail facility that dispenses
 1279  marijuana, marijuana delivery devices, or edibles shall make
 1280  available to the public on its website:
 1281         1.Information on each marijuana and low-THC cannabis
 1282  product available for purchase, including the form, strain of
 1283  marijuana from which it was extracted, cannabidiol content,
 1284  tetrahydrocannabinol content, dose unit, and total number of
 1285  doses available, and the ratio of cannabidiol to
 1286  tetrahydrocannabinol for each such product.
 1287         2.The price of a 30-day supply, 50-day supply, and-70 day
 1288  supply at a standard dose for each marijuana and low-THC
 1289  cannabis product available for purchase.
 1290         3.The price for each marijuana delivery device available
 1291  for purchase.
 1292         4.If applicable, any discount policies and eligibility
 1293  criteria for such discounts.
 1294         (k)A qualified patient may legally obtain medical
 1295  marijuana only from a medical marijuana treatment center or a
 1296  medical marijuana retail facility.
 1297         (l)The department may adopt rules pursuant to ss.
 1298  120.536(1) and 120.54 to implement this subsection.
 1299         (11)(10) MEDICAL MARIJUANA TREATMENT CENTER AND MEDICAL
 1300  MARIJUANA RETAIL FACILITY INSPECTIONS; ADMINISTRATIVE ACTIONS.—
 1301         (a) The department shall conduct announced or unannounced
 1302  inspections of medical marijuana treatment centers and medical
 1303  marijuana retail facilities to determine compliance with this
 1304  section or rules adopted pursuant to this section.
 1305         (b) The department shall inspect a medical marijuana
 1306  treatment center upon receiving a complaint or notice that the
 1307  medical marijuana treatment center has dispensed marijuana
 1308  containing mold, bacteria, or other contaminant that may cause
 1309  or has caused an adverse effect to human health or the
 1310  environment.
 1311         (c) The department shall conduct at least a biennial
 1312  inspection of each medical marijuana treatment center and each
 1313  medical marijuana retail facility to evaluate the medical
 1314  marijuana treatment center’s or medical marijuana retail
 1315  facility’s records, personnel, equipment, processes, security
 1316  measures, sanitation practices, and quality assurance practices.
 1317         (d) The Department of Agriculture and Consumer Services and
 1318  the department shall enter into an interagency agreement to
 1319  ensure cooperation and coordination in the performance of their
 1320  obligations under this section and their respective regulatory
 1321  and authorizing laws. The department, the Department of Highway
 1322  Safety and Motor Vehicles, and the Department of Law Enforcement
 1323  may enter into interagency agreements for the purposes specified
 1324  in this subsection or subsection (7).
 1325         (e) The department shall publish a list of all approved
 1326  medical marijuana treatment centers, medical directors, medical
 1327  marijuana retail facilities, and qualified physicians on its
 1328  website.
 1329         (f) The department may impose reasonable fines not to
 1330  exceed $10,000 on a medical marijuana treatment center or a
 1331  medical marijuana retail facility for any of the following
 1332  violations:
 1333         1. Violating this section or department rule.
 1334         2. Failing to maintain qualifications for approval.
 1335         3. Endangering the health, safety, or security of a
 1336  qualified patient.
 1337         4. Improperly disclosing personal and confidential
 1338  information of the qualified patient.
 1339         5. Attempting to procure medical marijuana treatment center
 1340  or medical marijuana retail facility approval by bribery,
 1341  fraudulent misrepresentation, or extortion.
 1342         6. Being convicted or found guilty of, or entering a plea
 1343  of guilty or nolo contendere to, regardless of adjudication, a
 1344  crime in any jurisdiction which directly relates to the business
 1345  of a medical marijuana treatment center or a medical marijuana
 1346  retail facility.
 1347         7. Making or filing a report or record that the medical
 1348  marijuana treatment center or medical marijuana retail facility
 1349  knows to be false.
 1350         8. Willfully failing to maintain a record required by this
 1351  section or department rule.
 1352         9. Willfully impeding or obstructing an employee or agent
 1353  of the department in the furtherance of his or her official
 1354  duties.
 1355         10. Engaging in fraud or deceit, negligence, incompetence,
 1356  or misconduct in the business practices of a medical marijuana
 1357  treatment center or a medical marijuana retail facility.
 1358         11. Making misleading, deceptive, or fraudulent
 1359  representations in or related to the business practices of a
 1360  medical marijuana treatment center or a medical marijuana retail
 1361  facility.
 1362         12. Having a license or the authority to engage in any
 1363  regulated profession, occupation, or business that is related to
 1364  the business practices of a medical marijuana treatment center
 1365  or a medical marijuana retail facility suspended, revoked, or
 1366  otherwise acted against by the licensing authority of any
 1367  jurisdiction, including its agencies or subdivisions, for a
 1368  violation that would constitute a violation under Florida law.
 1369         13. Violating a lawful order of the department or an agency
 1370  of the state, or failing to comply with a lawfully issued
 1371  subpoena of the department or an agency of the state.
 1372         (g) The department may suspend, revoke, or refuse to renew
 1373  the license of a medical marijuana treatment center or a medical
 1374  marijuana retail facility license if the medical marijuana
 1375  treatment center or medical marijuana retail facility commits
 1376  any of the violations in paragraph (f).
 1377         (h) The department may adopt rules pursuant to ss.
 1378  120.536(1) and 120.54 to implement this subsection.
 1379         (12)(11) PREEMPTION.—Regulation of cultivation, processing,
 1380  and delivery of marijuana by medical marijuana treatment centers
 1381  is preempted to the state except as provided in this subsection.
 1382         (a) A medical marijuana treatment center cultivating or
 1383  processing facility may not be located within 500 feet of the
 1384  real property that comprises a public or private elementary
 1385  school, middle school, or secondary school.
 1386         (b)1. A county or municipality may, by ordinance, ban
 1387  medical marijuana treatment center dispensing facilities or
 1388  medical marijuana retail facilities from being located within
 1389  the boundaries of that county or municipality. A county or
 1390  municipality that does not ban dispensing facilities or medical
 1391  marijuana retail facilities under this subparagraph may not
 1392  place specific limits, by ordinance, on the number of dispensing
 1393  facilities or medical marijuana retail facilities that may
 1394  locate within that county or municipality.
 1395         2. A municipality may determine by ordinance the criteria
 1396  for the location of, and other permitting requirements that do
 1397  not conflict with state law or department rule for, medical
 1398  marijuana treatment center dispensing facilities or medical
 1399  marijuana retail facilities located within the boundaries of
 1400  that municipality. A county may determine by ordinance the
 1401  criteria for the location of, and other permitting requirements
 1402  that do not conflict with state law or department rule for, all
 1403  such dispensing facilities and medical marijuana retail
 1404  facilities located within the unincorporated areas of that
 1405  county. Except as provided in paragraph (c), a county or
 1406  municipality may not enact ordinances for permitting or for
 1407  determining the location of dispensing facilities and medical
 1408  marijuana retail facilities which are more restrictive than its
 1409  ordinances permitting or determining the locations for
 1410  pharmacies licensed under chapter 465. A municipality or county
 1411  may not charge a medical marijuana treatment center or a medical
 1412  marijuana retail facility a license or permit fee in an amount
 1413  greater than the fee charged by such municipality or county to
 1414  pharmacies. A dispensing facility location approved by a
 1415  municipality or county pursuant to former s. 381.986(8)(b),
 1416  Florida Statutes 2016, is not subject to the location
 1417  requirements of this subsection.
 1418         (c) A medical marijuana treatment center dispensing
 1419  facility or a medical marijuana retail facility may not be
 1420  located within 500 feet of the real property that comprises a
 1421  public or private elementary school, middle school, or secondary
 1422  school unless the county or municipality approves the location
 1423  through a formal proceeding open to the public at which the
 1424  county or municipality determines that the location promotes the
 1425  public health, safety, and general welfare of the community.
 1426         (d) This subsection does not prohibit any local
 1427  jurisdiction from ensuring that medical marijuana treatment
 1428  center dispensing facilities and medical marijuana retail
 1429  facilities comply with the Florida Building Code, the Florida
 1430  Fire Prevention Code, or any local amendments to the Florida
 1431  Building Code or the Florida Fire Prevention Code.
 1432         (13)(12) PENALTIES.—
 1433         (a) A qualified physician commits a misdemeanor of the
 1434  first degree, punishable as provided in s. 775.082 or s.
 1435  775.083, if the qualified physician issues a physician
 1436  certification for the medical use of marijuana for a patient
 1437  without a reasonable belief that the patient is suffering from a
 1438  qualifying medical condition.
 1439         (b) A person who fraudulently represents that he or she has
 1440  a qualifying medical condition to a qualified physician for the
 1441  purpose of being issued a physician certification commits a
 1442  misdemeanor of the first degree, punishable as provided in s.
 1443  775.082 or s. 775.083.
 1444         (c) A qualified patient who uses marijuana, not including
 1445  low-THC cannabis, or a caregiver who administers marijuana, not
 1446  including low-THC cannabis, in plain view of or in a place open
 1447  to the general public; in a school bus, a vehicle, an aircraft,
 1448  or a boat; or on the grounds of a school except as provided in
 1449  s. 1006.062, commits a misdemeanor of the first degree,
 1450  punishable as provided in s. 775.082 or s. 775.083.
 1451         (d) A qualified patient or caregiver who cultivates
 1452  marijuana or who purchases or acquires marijuana from any person
 1453  or entity other than a medical marijuana treatment center or a
 1454  medical marijuana retail facility violates s. 893.13 and is
 1455  subject to the penalties provided therein.
 1456         (e)1. A qualified patient or caregiver in possession of
 1457  marijuana or a marijuana delivery device who fails or refuses to
 1458  present his or her marijuana use registry identification card
 1459  upon the request of a law enforcement officer commits a
 1460  misdemeanor of the second degree, punishable as provided in s.
 1461  775.082 or s. 775.083, unless it can be determined through the
 1462  medical marijuana use registry that the person is authorized to
 1463  be in possession of that marijuana or marijuana delivery device.
 1464         2. A person charged with a violation of this paragraph may
 1465  not be convicted if, before or at the time of his or her court
 1466  or hearing appearance, the person produces in court or to the
 1467  clerk of the court in which the charge is pending a medical
 1468  marijuana use registry identification card issued to him or her
 1469  which is valid at the time of his or her arrest. The clerk of
 1470  the court is authorized to dismiss such case at any time before
 1471  the defendant’s appearance in court. The clerk of the court may
 1472  assess a fee of $5 for dismissing the case under this paragraph.
 1473         (f) A caregiver who violates any of the applicable
 1474  provisions of this section or applicable department rules, for
 1475  the first offense, commits a misdemeanor of the second degree,
 1476  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1477  second or subsequent offense, commits a misdemeanor of the first
 1478  degree, punishable as provided in s. 775.082 or s. 775.083.
 1479         (g) A qualified physician who issues a physician
 1480  certification for marijuana or a marijuana delivery device and
 1481  receives compensation from a medical marijuana treatment center
 1482  related to the issuance of a physician certification for
 1483  marijuana or a marijuana delivery device is subject to
 1484  disciplinary action under the applicable practice act and s.
 1485  456.072(1)(n).
 1486         (h) A person transporting marijuana or marijuana delivery
 1487  devices on behalf of a medical marijuana treatment center or
 1488  marijuana testing laboratory who fails or refuses to present a
 1489  transportation manifest upon the request of a law enforcement
 1490  officer commits a misdemeanor of the second degree, punishable
 1491  as provided in s. 775.082 or s. 775.083.
 1492         (i) Persons and entities conducting activities authorized
 1493  and governed by this section and s. 381.988 are subject to ss.
 1494  456.053, 456.054, and 817.505, as applicable.
 1495         (j) A person or entity that cultivates, processes,
 1496  distributes, sells, or dispenses marijuana, as defined in s.
 1497  29(b)(4), Art. X of the State Constitution, and is not licensed
 1498  as a medical marijuana treatment center or as a medical
 1499  marijuana retail facility violates s. 893.13 and is subject to
 1500  the penalties provided therein.
 1501         (k) A person who manufactures, distributes, sells, gives,
 1502  or possesses with the intent to manufacture, distribute, sell,
 1503  or give marijuana or a marijuana delivery device that he or she
 1504  holds out to have originated from a licensed medical marijuana
 1505  treatment center but that is counterfeit commits a felony of the
 1506  third degree, punishable as provided in s. 775.082, s. 775.083,
 1507  or s. 775.084. For the purposes of this paragraph, the term
 1508  “counterfeit” means marijuana; a marijuana delivery device; or a
 1509  marijuana or marijuana delivery device container, seal, or label
 1510  which, without authorization, bears the trademark, trade name,
 1511  or other identifying mark, imprint, or device, or any likeness
 1512  thereof, of a licensed medical marijuana treatment center and
 1513  which thereby falsely purports or is represented to be the
 1514  product of, or to have been distributed by, that licensed
 1515  medical marijuana treatment center facility.
 1516         (l)A person who distributes, sells, gives, or possesses
 1517  with the intent to manufacture, distribute, sell, or give
 1518  marijuana or a marijuana delivery device that he or she holds
 1519  out to have been dispensed from a licensed medical marijuana
 1520  retail facility but that is counterfeit commits a felony of the
 1521  third degree, punishable as provided in s. 775.082, s. 775.083,
 1522  or s. 775.084. For the purposes of this paragraph, the term
 1523  “counterfeit” means marijuana; a marijuana delivery device; or a
 1524  marijuana or marijuana delivery device container, seal, or label
 1525  which, without authorization, bears the trademark, trade name,
 1526  or other identifying mark, imprint, or device, or any likeness
 1527  thereof, of a licensed medical marijuana retail facility and
 1528  which thereby falsely purports or is represented to be the
 1529  product of, or to have been distributed by, that licensed
 1530  medical marijuana retail facility.
 1531         (m)(l) Any person who possesses or manufactures a blank,
 1532  forged, stolen, fictitious, fraudulent, counterfeit, or
 1533  otherwise unlawfully issued medical marijuana use registry
 1534  identification card commits a felony of the third degree,
 1535  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1536         (15)(14) EXCEPTIONS TO OTHER LAWS.—
 1537         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1538  any other provision of law, but subject to the requirements of
 1539  this section, a qualified patient and the qualified patient’s
 1540  caregiver may purchase from a medical marijuana treatment center
 1541  or a medical marijuana retail facility for the patient’s medical
 1542  use a marijuana delivery device and up to the amount of
 1543  marijuana authorized in the physician certification, but may not
 1544  possess more than a 70-day supply of marijuana, or the greater
 1545  of 4 ounces of marijuana in a form for smoking or an amount of
 1546  marijuana in a form for smoking approved by the department
 1547  pursuant to paragraph (4)(f), at any given time and all
 1548  marijuana purchased must remain in its original packaging.
 1549         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
 1550  s. 893.147, or any other provision of law, a qualified patient
 1551  and the qualified patient’s caregiver may purchase and possess a
 1552  marijuana delivery device intended for the medical use of
 1553  marijuana by smoking from a vendor other than a medical
 1554  marijuana treatment center.
 1555         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1556  any other provision of law, but subject to the requirements of
 1557  this section, a licensed an approved medical marijuana treatment
 1558  center and its owners, managers, and employees may manufacture,
 1559  possess, sell, deliver, distribute, dispense, and lawfully
 1560  dispose of marijuana or a marijuana delivery device as provided
 1561  in this section, in s. 381.988, and by department rule. For the
 1562  purposes of this subsection, the terms “manufacture,”
 1563  “possession,” “deliver,” “distribute,” and “dispense” have the
 1564  same meanings as provided in s. 893.02.
 1565         (d)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1566  any other provision of law, but subject to the requirements of
 1567  this section, a medical marijuana retail facility and its
 1568  owners, managers, and employees may possess, sell, distribute,
 1569  dispense, and lawfully dispose of marijuana or a marijuana
 1570  delivery device as provided in this section, in s. 381.988, and
 1571  by department rule. For the purposes of this subsection, the
 1572  terms “possession,” “distribute,” and “dispense” have the same
 1573  meanings as provided in s. 893.02.
 1574         (e)(d) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1575  or any other provision of law, but subject to the requirements
 1576  of this section, a certified marijuana testing laboratory,
 1577  including an employee of a certified marijuana testing
 1578  laboratory acting within the scope of his or her employment, may
 1579  acquire, possess, test, transport, and lawfully dispose of
 1580  marijuana as provided in this section, in s. 381.988, and by
 1581  department rule.
 1582         (f)(e) A licensed medical marijuana treatment center and
 1583  its owners, managers, and employees are not subject to licensure
 1584  or regulation under chapter 465 or chapter 499 for
 1585  manufacturing, possessing, selling, delivering, distributing,
 1586  dispensing, or lawfully disposing of marijuana or a marijuana
 1587  delivery device, as provided in this section, in s. 381.988, and
 1588  by department rule.
 1589         (g)A licensed medical marijuana retail facility and its
 1590  owners, managers, and employees are not subject to licensure or
 1591  regulation under chapter 465 or chapter 499 for possessing,
 1592  selling, distributing, dispensing, or lawfully disposing of
 1593  marijuana or a marijuana delivery device, as provided in this
 1594  section, in s. 381.988, and by department rule.
 1595         (h)(f) This subsection does not exempt a person from
 1596  prosecution for a criminal offense related to impairment or
 1597  intoxication resulting from the medical use of marijuana or
 1598  relieve a person from any requirement under law to submit to a
 1599  breath, blood, urine, or other test to detect the presence of a
 1600  controlled substance.
 1601         (i)(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1602  or any other provision of law, but subject to the requirements
 1603  of this section and pursuant to policies and procedures
 1604  established pursuant to s. 1006.62(8), school personnel may
 1605  possess marijuana that is obtained for medical use pursuant to
 1606  this section by a student who is a qualified patient.
 1607         (j)(h) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1608  or any other provision of law, but subject to the requirements
 1609  of this section, a research institute established by a public
 1610  postsecondary educational institution, such as the H. Lee
 1611  Moffitt Cancer Center and Research Institute, Inc., established
 1612  under s. 1004.43, or a state university that has achieved the
 1613  preeminent state research university designation under s.
 1614  1001.7065 may possess, test, transport, and lawfully dispose of
 1615  marijuana for research purposes as provided by this section.
 1616         Section 2. Section 381.987, Florida Statutes, is amended to
 1617  read:
 1618         381.987 Public records exemption for personal identifying
 1619  information relating to medical marijuana held by the
 1620  department.—
 1621         (1) The following information is confidential and exempt
 1622  from s. 119.07(1) and s. 24(a), Art. I of the State
 1623  Constitution:
 1624         (a) A patient’s or caregiver’s personal identifying
 1625  information held by the department in the medical marijuana use
 1626  registry established under s. 381.986, including, but not
 1627  limited to, the patient’s or caregiver’s name, address, date of
 1628  birth, photograph, and telephone number.
 1629         (b) All personal identifying information collected for the
 1630  purpose of issuing a patient’s or caregiver’s medical marijuana
 1631  use registry identification card described in s. 381.986.
 1632         (c) All personal identifying information pertaining to the
 1633  physician certification for marijuana and the dispensing thereof
 1634  held by the department, including, but not limited to,
 1635  information related to the patient’s diagnosis, exception
 1636  requests to the daily dose amount limit, and the qualified
 1637  patient’s experience related to the medical use of marijuana.
 1638         (d) A qualified physician’s Drug Enforcement Administration
 1639  number, residential address, and government-issued
 1640  identification card.
 1641         (2) The department shall allow access to the confidential
 1642  and exempt information in the medical marijuana use registry to:
 1643         (a) A law enforcement agency that is investigating a
 1644  violation of law regarding marijuana in which the subject of the
 1645  investigation claims an exception established under s. 381.986,
 1646  except for information related to the patient’s diagnosis.
 1647         (b) A medical marijuana treatment center or a medical
 1648  marijuana retail facility that is licensed approved by the
 1649  department pursuant to s. 381.986 which is attempting to verify
 1650  the authenticity of a physician certification for marijuana,
 1651  including whether the certification had been previously filled
 1652  and whether the certification was issued for the person
 1653  attempting to have it filled, except for information related to
 1654  the patient’s diagnosis.
 1655         (c) A physician who has issued a certification for
 1656  marijuana for the purpose of monitoring the patient’s use of
 1657  such marijuana or for the purpose of determining, before issuing
 1658  a certification for marijuana, whether another physician has
 1659  issued a certification for the patient’s use of marijuana. The
 1660  physician may access the confidential and exempt information
 1661  only for the patient for whom he or she has issued a
 1662  certification or is determining whether to issue a certification
 1663  for the use of marijuana pursuant to s. 381.986.
 1664         (d) A practitioner licensed to prescribe prescription
 1665  medications to ensure proper care of a patient before
 1666  prescribing medication to that patient which may interact with
 1667  marijuana.
 1668         (e) An employee of the department for the purposes of
 1669  maintaining the registry and periodic reporting or disclosure of
 1670  information that has been redacted to exclude personal
 1671  identifying information.
 1672         (f) An employee of the department for the purposes of
 1673  reviewing physician registration and the issuance of physician
 1674  certifications to monitor practices that could facilitate
 1675  unlawful diversion or the misuse of marijuana or a marijuana
 1676  delivery device.
 1677         (g) The department’s relevant health care regulatory boards
 1678  responsible for the licensure, regulation, or discipline of a
 1679  physician if he or she is involved in a specific investigation
 1680  of a violation of s. 381.986. If a health care regulatory
 1681  board’s investigation reveals potential criminal activity, the
 1682  board may provide any relevant information to the appropriate
 1683  law enforcement agency.
 1684         (h) The Consortium for Medical Marijuana Clinical Outcomes
 1685  Research established in s. 1004.4351(4).
 1686         (i) A person engaged in bona fide research if the person
 1687  agrees:
 1688         1. To submit a research plan to the department which
 1689  specifies the exact nature of the information requested and the
 1690  intended use of the information;
 1691         2. To maintain the confidentiality of the records or
 1692  information if personal identifying information is made
 1693  available to the researcher;
 1694         3. To destroy any confidential and exempt records or
 1695  information obtained after the research is concluded; and
 1696         4. Not to contact, directly or indirectly, for any purpose,
 1697  a patient or physician whose information is in the registry.
 1698         (3) The department shall allow access to the confidential
 1699  and exempt information pertaining to the physician certification
 1700  for marijuana and the dispensing thereof, whether in the
 1701  registry or otherwise held by the department, to:
 1702         (a) An employee of the department for the purpose of
 1703  approving or disapproving a request for an exception to the
 1704  daily dose amount limit for a qualified patient; and
 1705         (b) The Consortium for Medical Marijuana Clinical Outcomes
 1706  Research pursuant to s. 381.986 for the purpose of conducting
 1707  research regarding the medical use of marijuana.
 1708         (4) All information released by the department under
 1709  subsections (2) and (3) remains confidential and exempt, and a
 1710  person who receives access to such information must maintain the
 1711  confidential and exempt status of the information received.
 1712         (5) A person who willfully and knowingly violates this
 1713  section commits a felony of the third degree, punishable as
 1714  provided in s. 775.082 or s. 775.083.
 1715         (6) This section is subject to the Open Government Sunset
 1716  Review Act in accordance with s. 119.15 and shall stand repealed
 1717  on October 2, 2022, unless reviewed and saved from repeal
 1718  through reenactment by the Legislature.
 1719         Section 3. This act shall take effect upon becoming a law.

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