Bill Text: FL S0212 | 2020 | Regular Session | Introduced
Bill Title: Medical Marijuana Retail Facilities
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Health Policy [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, whichthat118 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,andmedical 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) 314subsection(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) 536subsection(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 mayshall584 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 dispensingof marijuana or marijuana 588 delivery devices., except thatA 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 dispensea single entity for the cultivation, processing,592transporting, and dispensing ofmarijuana,andmarijuana 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 mayonlybe 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)RetainVideo 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 source1013from whichA 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 facilitylicenseif 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 centerfacility. 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 licensedan approvedmedical 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 licensedapprovedby 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.