Florida Senate - 2021                                     SB 562
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00378-21                                            2021562__
    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 and defining the term “medical marijuana
    5         retail facility”; prohibiting qualified physicians
    6         from being employed by or having an economic interest
    7         in a medical marijuana retail facility; revising
    8         provisions related to medical marijuana dispensing
    9         requirements to include dispensing by medical
   10         marijuana retail facilities; requiring that the
   11         medical marijuana use registry maintained by the
   12         Department of Health be accessible to medical
   13         marijuana retail facilities for certain verification
   14         purposes; prohibiting caregivers from being employed
   15         by or having an economic interest in a medical
   16         marijuana retail facility; providing that a medical
   17         marijuana retail facility is not subject to certain
   18         dispensing facility requirements; requiring the
   19         department’s seed-to-sale marijuana tracking system to
   20         include data from medical marijuana retail facilities;
   21         requiring medical marijuana retail facilities to use
   22         the department’s seed-to-sale marijuana tracking
   23         system, with an exception; prohibiting the vendor
   24         chosen by the department to operate the computer seed
   25         to-sale marijuana tracking system from having a direct
   26         or an indirect financial interest in a medical
   27         marijuana retail facility; authorizing, rather than
   28         requiring, medical marijuana treatment centers to
   29         cultivate, process, transport, and dispense marijuana
   30         for medical use; deleting the prohibition against
   31         medical marijuana treatment centers contracting for
   32         dispensing of marijuana; deleting an exception to the
   33         contracting prohibitions; authorizing a medical
   34         marijuana treatment center to contract with a
   35         specified number of medical marijuana retail
   36         facilities; prohibiting a medical marijuana treatment
   37         center from directly or indirectly owning or operating
   38         a medical marijuana retail facility; authorizing
   39         qualified patients to obtain marijuana from medical
   40         marijuana retail facilities; requiring the department
   41         to license medical marijuana retail facilities for a
   42         specified purpose, by a specified date; requiring the
   43         department to adopt certain rules; requiring that the
   44         department identify applicants with strong diversity
   45         plans and implement training and other educational
   46         programs to enable certain minority persons and
   47         enterprises to qualify for licensure; providing
   48         requirements and procedures for the issuance and
   49         renewal of licensure for medical marijuana retail
   50         facilities; prohibiting an individual identified as an
   51         applicant, an owner, an officer, a board member, or a
   52         manager from being listed as such on more than one
   53         application for licensure as a medical marijuana
   54         retail facility; prohibiting an individual or entity
   55         from being awarded more than one facility license;
   56         providing that each such license is valid for only one
   57         physical location; prohibiting a medical marijuana
   58         treatment center from being awarded a license to
   59         operate a medical marijuana retail facility; requiring
   60         that applicants demonstrate that they satisfy certain
   61         criteria; prohibiting a medical marijuana retail
   62         facility from making a wholesale purchase of marijuana
   63         from a medical marijuana treatment center and from
   64         transporting marijuana, marijuana delivery devices, or
   65         edibles; authorizing a medical marijuana retail
   66         facility to contract with only one medical marijuana
   67         treatment center; providing requirements for the
   68         transfer of ownership of a medical marijuana retail
   69         facility; prohibiting medical marijuana retail
   70         facilities and any individuals or entities that
   71         control or have a certain ownership or voting interest
   72         in such facilities from acquiring certain direct or
   73         indirect ownership or control of another medical
   74         marijuana retail facility; prohibiting certain profit
   75         sharing arrangements; providing operational and
   76         dispensing requirements and prohibitions for medical
   77         marijuana retail facilities; prohibiting a medical
   78         marijuana retail facility from engaging in Internet
   79         sales; prohibiting certain medical marijuana retail
   80         facility advertising and providing exceptions;
   81         requiring a medical marijuana retail facility to make
   82         specified information publicly available on its
   83         website; authorizing the department to adopt rules;
   84         requiring the department to conduct periodic
   85         inspections of medical marijuana retail facilities;
   86         requiring the department to publish on its website a
   87         list of all approved medical marijuana retail
   88         facilities; authorizing the department to impose fines
   89         on medical marijuana retail facilities for specified
   90         violations; authorizing the department to suspend,
   91         revoke, or refuse to renew the license of a medical
   92         marijuana retail facility under certain circumstances;
   93         authorizing counties and municipalities to, by
   94         ordinance, ban medical marijuana retail facilities
   95         from being located within their boundaries or
   96         determine the criteria for the location of, and other
   97         permitting requirements for, the facilities, under
   98         certain circumstances; prohibiting certain counties
   99         and municipalities from limiting the number of medical
  100         marijuana retail facilities that may locate within
  101         their boundaries; prohibiting medical marijuana retail
  102         facilities from being located within a specified
  103         distance from school properties; providing
  104         construction; revising criminal penalties for persons
  105         or entities that engage in specified unlicensed
  106         activities; providing that a medical marijuana retail
  107         facility and its owners, managers, and employees are
  108         exempt from prosecution for certain offenses and from
  109         other specified regulations and requirements; amending
  110         s. 381.987, F.S.; requiring the department to allow a
  111         medical marijuana retail facility to access
  112         confidential and exempt information in the medical
  113         marijuana use registry for certain verification
  114         purposes; providing an effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Present subsections (9) through (17) of section
  119  381.986, Florida Statutes, are redesignated as subsections (10)
  120  through (18), respectively, a new subsection (9) is added to
  121  that section, and subsections (1) and (3), paragraph (f) of
  122  subsection (4), paragraphs (a) and (f) of subsection (5),
  123  paragraph (b) of subsection (6), subsection (8), and present
  124  subsections (10), (11), (12), and (14) of that section are
  125  amended, to read:
  126         381.986 Medical use of marijuana.—
  127         (1) DEFINITIONS.—As used in this section, the term:
  128         (a) “Caregiver” means a resident of this state who has
  129  agreed to assist with a qualified patient’s medical use of
  130  marijuana, has a caregiver identification card, and meets the
  131  requirements of subsection (6).
  132         (b) “Chronic nonmalignant pain” means pain that is caused
  133  by a qualifying medical condition or that originates from a
  134  qualifying medical condition and persists beyond the usual
  135  course of that qualifying medical condition.
  136         (c) “Close relative” means a spouse, parent, sibling,
  137  grandparent, child, or grandchild, whether related by whole or
  138  half blood, by marriage, or by adoption.
  139         (d) “Edibles” means commercially produced food items made
  140  with marijuana oil, but no other form of marijuana, which that
  141  are produced and dispensed by a medical marijuana treatment
  142  center or dispensed by a medical marijuana retail facility.
  143         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
  144  the dried flowers of which contain 0.8 percent or less of
  145  tetrahydrocannabinol and more than 10 percent of cannabidiol
  146  weight for weight; the seeds thereof; the resin extracted from
  147  any part of such plant; or any compound, manufacture, salt,
  148  derivative, mixture, or preparation of such plant or its seeds
  149  or resin that is dispensed from a medical marijuana treatment
  150  center or a medical marijuana retail facility.
  151         (f) “Marijuana” means all parts of any plant of the genus
  152  Cannabis, whether growing or not; the seeds thereof; the resin
  153  extracted from any part of the plant; and every compound,
  154  manufacture, salt, derivative, mixture, or preparation of the
  155  plant or its seeds or resin, including low-THC cannabis, which
  156  are dispensed from a medical marijuana treatment center or a
  157  medical marijuana retail facility for medical use by a qualified
  158  patient.
  159         (g) “Marijuana delivery device” means an object used,
  160  intended for use, or designed for use in preparing, storing,
  161  ingesting, inhaling, or otherwise introducing marijuana into the
  162  human body, and which is dispensed from a medical marijuana
  163  treatment center or a medical marijuana retail facility for
  164  medical use by a qualified patient, except that delivery devices
  165  intended for the medical use of marijuana by smoking need not be
  166  dispensed from a medical marijuana treatment center or a medical
  167  marijuana retail facility in order to qualify as marijuana
  168  delivery devices.
  169         (h) “Marijuana testing laboratory” means a facility that
  170  collects and analyzes marijuana samples from a medical marijuana
  171  treatment center and has been certified by the department
  172  pursuant to s. 381.988.
  173         (i) “Medical director” means a person who holds an active,
  174  unrestricted license as an allopathic physician under chapter
  175  458 or osteopathic physician under chapter 459 and is in
  176  compliance with the requirements of paragraph (3)(c).
  177         (j)“Medical marijuana retail facility” means a facility
  178  licensed by the department pursuant to subsection (9) to
  179  dispense medical marijuana and marijuana delivery devices
  180  acquired from a licensed medical marijuana treatment center to
  181  qualified patients and caregivers.
  182         (k)(j) “Medical use” means the acquisition, possession,
  183  use, delivery, transfer, or administration of marijuana
  184  authorized by a physician certification. The term does not
  185  include:
  186         1. Possession, use, or administration of marijuana that was
  187  not purchased or acquired from a medical marijuana treatment
  188  center or a medical marijuana retail facility.
  189         2. Possession, use, or administration of marijuana in the
  190  form of commercially produced food items other than edibles or
  191  of marijuana seeds.
  192         3. Use or administration of any form or amount of marijuana
  193  in a manner that is inconsistent with the qualified physician’s
  194  directions or physician certification.
  195         4. Transfer of marijuana to a person other than the
  196  qualified patient for whom it was authorized or the qualified
  197  patient’s caregiver on behalf of the qualified patient.
  198         5. Use or administration of marijuana in the following
  199  locations:
  200         a. On any form of public transportation, except for low-THC
  201  cannabis not in a form for smoking.
  202         b. In any public place, except for low-THC cannabis not in
  203  a form for smoking.
  204         c. In a qualified patient’s place of employment, except
  205  when permitted by his or her employer.
  206         d. In a state correctional institution, as defined in s.
  207  944.02, or a correctional institution, as defined in s. 944.241.
  208         e. On the grounds of a preschool, primary school, or
  209  secondary school, except as provided in s. 1006.062.
  210         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  211  except for low-THC cannabis not in a form for smoking.
  212         6. The smoking of marijuana in an enclosed indoor workplace
  213  as defined in s. 386.203(5).
  214         (l)(k) “Physician certification” means a qualified
  215  physician’s authorization for a qualified patient to receive
  216  marijuana and a marijuana delivery device from a medical
  217  marijuana treatment center or a medical marijuana retail
  218  facility.
  219         (m)(l) “Qualified patient” means a resident of this state
  220  who has been added to the medical marijuana use registry by a
  221  qualified physician to receive marijuana or a marijuana delivery
  222  device for a medical use and who has a qualified patient
  223  identification card.
  224         (n)(m) “Qualified physician” means a person who holds an
  225  active, unrestricted license as an allopathic physician under
  226  chapter 458 or as an osteopathic physician under chapter 459 and
  227  is in compliance with the physician education requirements of
  228  subsection (3).
  229         (o)(n) “Smoking” means burning or igniting a substance and
  230  inhaling the smoke.
  231         (p)(o) “Terminal condition” means a progressive disease or
  232  medical or surgical condition that causes significant functional
  233  impairment, is not considered by a treating physician to be
  234  reversible without the administration of life-sustaining
  235  procedures, and will result in death within 1 year after
  236  diagnosis if the condition runs its normal course.
  237         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  238         (a) Before being approved as a qualified physician, as
  239  defined in paragraph (1)(n) paragraph (1)(m), and before each
  240  license renewal, a physician must successfully complete a 2-hour
  241  course and subsequent examination offered by the Florida Medical
  242  Association or the Florida Osteopathic Medical Association which
  243  encompass the requirements of this section and any rules adopted
  244  hereunder. The course and examination shall be administered at
  245  least annually and may be offered in a distance learning format,
  246  including an electronic, online format that is available upon
  247  request. The price of the course may not exceed $500. A
  248  physician who has met the physician education requirements of
  249  former s. 381.986(4), Florida Statutes 2016, before June 23,
  250  2017, shall be deemed to be in compliance with this paragraph
  251  from June 23, 2017, until 90 days after the course and
  252  examination required by this paragraph become available.
  253         (b) A qualified physician may not be employed by, or have
  254  any direct or indirect economic interest in, a medical marijuana
  255  treatment center, a medical marijuana retail facility, or a
  256  marijuana testing laboratory.
  257         (c) Before being employed as a medical director, as defined
  258  in paragraph (1)(i), and before each license renewal, a medical
  259  director must successfully complete a 2-hour course and
  260  subsequent examination offered by the Florida Medical
  261  Association or the Florida Osteopathic Medical Association which
  262  encompass the requirements of this section and any rules adopted
  263  hereunder. The course and examination shall be administered at
  264  least annually and may be offered in a distance learning format,
  265  including an electronic, online format that is available upon
  266  request. The price of the course may not exceed $500.
  267         (4) PHYSICIAN CERTIFICATION.—
  268         (f) A qualified physician may not issue a physician
  269  certification for more than three 70-day supply limits of
  270  marijuana or more than six 35-day supply limits of marijuana in
  271  a form for smoking. The department shall quantify by rule a
  272  daily dose amount with equivalent dose amounts for each
  273  allowable form of marijuana dispensed by a medical marijuana
  274  treatment center or a medical marijuana retail facility. The
  275  department shall use the daily dose amount to calculate a 70-day
  276  supply.
  277         1. A qualified physician may request an exception to the
  278  daily dose amount limit, the 35-day supply limit of marijuana in
  279  a form for smoking, and the 4-ounce possession limit of
  280  marijuana in a form for smoking established in paragraph (15)(a)
  281  (14)(a). The request shall be made electronically on a form
  282  adopted by the department in rule and must include, at a
  283  minimum:
  284         a. The qualified patient’s qualifying medical condition.
  285         b. The dosage and route of administration that was
  286  insufficient to provide relief to the qualified patient.
  287         c. A description of how the patient will benefit from an
  288  increased amount.
  289         d. The minimum daily dose amount of marijuana that would be
  290  sufficient for the treatment of the qualified patient’s
  291  qualifying medical condition.
  292         2. A qualified physician must provide the qualified
  293  patient’s records upon the request of the department.
  294         3. The department shall approve or disapprove the request
  295  within 14 days after receipt of the complete documentation
  296  required by this paragraph. The request shall be deemed approved
  297  if the department fails to act within this time period.
  298         (5) MEDICAL MARIJUANA USE REGISTRY.—
  299         (a) The department shall create and maintain a secure,
  300  electronic, and online medical marijuana use registry for
  301  physicians, patients, and caregivers as provided under this
  302  section. The medical marijuana use registry must be accessible
  303  to law enforcement agencies, qualified physicians, and medical
  304  marijuana treatment centers, and medical marijuana retail
  305  facilities to verify the authorization of a qualified patient or
  306  a caregiver to possess marijuana or a marijuana delivery device
  307  and record the marijuana or marijuana delivery device dispensed.
  308  The medical marijuana use registry must also be accessible to
  309  practitioners licensed to prescribe prescription drugs to ensure
  310  proper care for patients before medications that may interact
  311  with the medical use of marijuana are prescribed. The medical
  312  marijuana use registry must prevent an active registration of a
  313  qualified patient by multiple physicians.
  314         (f) The department may revoke the registration of a
  315  qualified patient or caregiver who cultivates marijuana or who
  316  acquires, possesses, or delivers marijuana from any person or
  317  entity other than a medical marijuana treatment center or a
  318  medical marijuana retail facility.
  319         (6) CAREGIVERS.—
  320         (b) A caregiver must:
  321         1. Not be a qualified physician and not be employed by or
  322  have an economic interest in a medical marijuana treatment
  323  center, a medical marijuana retail facility, or a marijuana
  324  testing laboratory.
  325         2. Be 21 years of age or older and a resident of this
  326  state.
  327         3. Agree in writing to assist with the qualified patient’s
  328  medical use of marijuana.
  329         4. Be registered in the medical marijuana use registry as a
  330  caregiver for no more than one qualified patient, except as
  331  provided in this paragraph.
  332         5. Successfully complete a caregiver certification course
  333  developed and administered by the department or its designee,
  334  which must be renewed biennially. The price of the course may
  335  not exceed $100.
  336         6. Pass a background screening pursuant to subsection (10)
  337  subsection (9), unless the patient is a close relative of the
  338  caregiver.
  339         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  340         (a) The department shall license medical marijuana
  341  treatment centers to ensure reasonable statewide accessibility
  342  and availability as necessary for qualified patients registered
  343  in the medical marijuana use registry and who are issued a
  344  physician certification under this section.
  345         1. As soon as practicable, but no later than July 3, 2017,
  346  the department shall license as a medical marijuana treatment
  347  center any entity that holds an active, unrestricted license to
  348  cultivate, process, transport, and dispense low-THC cannabis,
  349  medical cannabis, and cannabis delivery devices, under former s.
  350  381.986, Florida Statutes 2016, before July 1, 2017, and which
  351  meets the requirements of this section. In addition to the
  352  authority granted under this section, these entities are
  353  authorized to dispense low-THC cannabis, medical cannabis, and
  354  cannabis delivery devices ordered pursuant to former s. 381.986,
  355  Florida Statutes 2016, which were entered into the compassionate
  356  use registry before July 1, 2017, and are authorized to begin
  357  dispensing marijuana under this section on July 3, 2017. The
  358  department may grant variances from the representations made in
  359  such an entity’s original application for approval under former
  360  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  361         2. The department shall license as medical marijuana
  362  treatment centers 10 applicants that meet the requirements of
  363  this section, under the following parameters:
  364         a. As soon as practicable, but no later than August 1,
  365  2017, the department shall license any applicant whose
  366  application was reviewed, evaluated, and scored by the
  367  department and which was denied a dispensing organization
  368  license by the department under former s. 381.986, Florida
  369  Statutes 2014; which had one or more administrative or judicial
  370  challenges pending as of January 1, 2017, or had a final ranking
  371  within one point of the highest final ranking in its region
  372  under former s. 381.986, Florida Statutes 2014; which meets the
  373  requirements of this section; and which provides documentation
  374  to the department that it has the existing infrastructure and
  375  technical and technological ability to begin cultivating
  376  marijuana within 30 days after registration as a medical
  377  marijuana treatment center.
  378         b. As soon as practicable, the department shall license one
  379  applicant that is a recognized class member of Pigford v.
  380  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  381  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  382  under this sub-subparagraph is exempt from the requirement of
  383  subparagraph (b)2.
  384         c. As soon as practicable, but no later than October 3,
  385  2017, the department shall license applicants that meet the
  386  requirements of this section in sufficient numbers to result in
  387  10 total licenses issued under this subparagraph, while
  388  accounting for the number of licenses issued under sub
  389  subparagraphs a. and b.
  390         3. For up to two of the licenses issued under subparagraph
  391  2., the department shall give preference to applicants that
  392  demonstrate in their applications that they own one or more
  393  facilities that are, or were, used for the canning,
  394  concentrating, or otherwise processing of citrus fruit or citrus
  395  molasses and will use or convert the facility or facilities for
  396  the processing of marijuana.
  397         4. Within 6 months after the registration of 100,000 active
  398  qualified patients in the medical marijuana use registry, the
  399  department shall license four additional medical marijuana
  400  treatment centers that meet the requirements of this section.
  401  Thereafter, the department shall license four medical marijuana
  402  treatment centers within 6 months after the registration of each
  403  additional 100,000 active qualified patients in the medical
  404  marijuana use registry that meet the requirements of this
  405  section.
  406         5. Dispensing facilities are subject to the following
  407  requirements:
  408         a. A medical marijuana treatment center may not establish
  409  or operate more than a statewide maximum of 25 dispensing
  410  facilities, unless the medical marijuana use registry reaches a
  411  total of 100,000 active registered qualified patients. When the
  412  medical marijuana use registry reaches 100,000 active registered
  413  qualified patients, and then upon each further instance of the
  414  total active registered qualified patients increasing by
  415  100,000, the statewide maximum number of dispensing facilities
  416  that each licensed medical marijuana treatment center may
  417  establish and operate increases by five.
  418         b. A medical marijuana treatment center may not establish
  419  more than the maximum number of dispensing facilities allowed in
  420  each of the Northwest, Northeast, Central, Southwest, and
  421  Southeast Regions. The department shall determine a medical
  422  marijuana treatment center’s maximum number of dispensing
  423  facilities allowed in each region by calculating the percentage
  424  of the total statewide population contained within that region
  425  and multiplying that percentage by the medical marijuana
  426  treatment center’s statewide maximum number of dispensing
  427  facilities established under sub-subparagraph a., rounded to the
  428  nearest whole number. The department shall ensure that such
  429  rounding does not cause a medical marijuana treatment center’s
  430  total number of statewide dispensing facilities to exceed its
  431  statewide maximum. The department shall initially calculate the
  432  maximum number of dispensing facilities allowed in each region
  433  for each medical marijuana treatment center using county
  434  population estimates from the Florida Estimates of Population
  435  2016, as published by the Office of Economic and Demographic
  436  Research, and shall perform recalculations following the
  437  official release of county population data resulting from each
  438  United States Decennial Census. For the purposes of this
  439  subparagraph:
  440         (I) The Northwest Region consists of Bay, Calhoun,
  441  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  442  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  443  Walton, and Washington Counties.
  444         (II) The Northeast Region consists of Alachua, Baker,
  445  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  446  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  447  Suwannee, and Union Counties.
  448         (III) The Central Region consists of Brevard, Citrus,
  449  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  450  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  451  Counties.
  452         (IV) The Southwest Region consists of Charlotte, Collier,
  453  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  454  Okeechobee, and Sarasota Counties.
  455         (V) The Southeast Region consists of Broward, Miami-Dade,
  456  Martin, Monroe, and Palm Beach Counties.
  457         c. If a medical marijuana treatment center establishes a
  458  number of dispensing facilities within a region that is less
  459  than the number allowed for that region under sub-subparagraph
  460  b., the medical marijuana treatment center may sell one or more
  461  of its unused dispensing facility slots to other licensed
  462  medical marijuana treatment centers. For each dispensing
  463  facility slot that a medical marijuana treatment center sells,
  464  that medical marijuana treatment center’s statewide maximum
  465  number of dispensing facilities, as determined under sub
  466  subparagraph a., is reduced by one. The statewide maximum number
  467  of dispensing facilities for a medical marijuana treatment
  468  center that purchases an unused dispensing facility slot is
  469  increased by one per slot purchased. Additionally, the sale of a
  470  dispensing facility slot shall reduce the seller’s regional
  471  maximum and increase the purchaser’s regional maximum number of
  472  dispensing facilities, as determined in sub-subparagraph b., by
  473  one for that region. For any slot purchased under this sub
  474  subparagraph, the regional restriction applied to that slot’s
  475  location under sub-subparagraph b. before the purchase shall
  476  remain in effect following the purchase. A medical marijuana
  477  treatment center that sells or purchases a dispensing facility
  478  slot must notify the department within 3 days of sale.
  479         d. A medical marijuana retail facility is not subject to
  480  the dispensing facility requirements of this subparagraph.
  481         e.d. This subparagraph shall expire on April 1, 2020.
  482  
  483  If this subparagraph or its application to any person or
  484  circumstance is held invalid, the invalidity does not affect
  485  other provisions or applications of this act which can be given
  486  effect without the invalid provision or application, and to this
  487  end, the provisions of this subparagraph are severable.
  488         (b) An applicant for licensure as a medical marijuana
  489  treatment center shall apply to the department on a form
  490  prescribed by the department and adopted in rule. The department
  491  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  492  establishing a procedure for the issuance and biennial renewal
  493  of licenses, including initial application and biennial renewal
  494  fees sufficient to cover the costs of implementing and
  495  administering this section, and establishing supplemental
  496  licensure fees for payment beginning May 1, 2018, sufficient to
  497  cover the costs of administering ss. 381.989 and 1004.4351. The
  498  department shall identify applicants with strong diversity plans
  499  reflecting this state’s commitment to diversity and implement
  500  training programs and other educational programs to enable
  501  minority persons and minority business enterprises, as defined
  502  in s. 288.703, and veteran business enterprises, as defined in
  503  s. 295.187, to compete for medical marijuana treatment center
  504  licensure and contracts. Subject to the requirements in
  505  subparagraphs (a)2.-4., the department shall issue a license to
  506  an applicant if the applicant meets the requirements of this
  507  section and pays the initial application fee. The department
  508  shall renew the licensure of a medical marijuana treatment
  509  center biennially if the licensee meets the requirements of this
  510  section and pays the biennial renewal fee. An individual may not
  511  be an applicant, owner, officer, board member, or manager on
  512  more than one application for licensure as a medical marijuana
  513  treatment center. An individual or entity may not be awarded
  514  more than one license as a medical marijuana treatment center.
  515  An applicant for licensure as a medical marijuana treatment
  516  center must demonstrate:
  517         1. That, for the 5 consecutive years before submitting the
  518  application, the applicant has been registered to do business in
  519  the state.
  520         2. Possession of a valid certificate of registration issued
  521  by the Department of Agriculture and Consumer Services pursuant
  522  to s. 581.131.
  523         3. The technical and technological ability to cultivate and
  524  produce marijuana, including, but not limited to, low-THC
  525  cannabis.
  526         4. The ability to secure the premises, resources, and
  527  personnel necessary to operate as a medical marijuana treatment
  528  center.
  529         5. The ability to maintain accountability of all raw
  530  materials, finished products, and any byproducts to prevent
  531  diversion or unlawful access to or possession of these
  532  substances.
  533         6. An infrastructure reasonably located to dispense
  534  marijuana to registered qualified patients statewide or
  535  regionally as determined by the department.
  536         7. The financial ability to maintain operations for the
  537  duration of the 2-year approval cycle, including the provision
  538  of certified financial statements to the department.
  539         a. Upon approval, the applicant must post a $5 million
  540  performance bond issued by an authorized surety insurance
  541  company rated in one of the three highest rating categories by a
  542  nationally recognized rating service. However, a medical
  543  marijuana treatment center serving at least 1,000 qualified
  544  patients is only required to maintain a $2 million performance
  545  bond.
  546         b. In lieu of the performance bond required under sub
  547  subparagraph a., the applicant may provide an irrevocable letter
  548  of credit payable to the department or provide cash to the
  549  department. If provided with cash under this sub-subparagraph,
  550  the department shall deposit the cash in the Grants and
  551  Donations Trust Fund within the Department of Health, subject to
  552  the same conditions as the bond regarding requirements for the
  553  applicant to forfeit ownership of the funds. If the funds
  554  deposited under this sub-subparagraph generate interest, the
  555  amount of that interest shall be used by the department for the
  556  administration of this section.
  557         8. That all owners, officers, board members, and managers
  558  have passed a background screening pursuant to subsection (10)
  559  subsection (9).
  560         9. The employment of a medical director to supervise the
  561  activities of the medical marijuana treatment center.
  562         10. A diversity plan that promotes and ensures the
  563  involvement of minority persons and minority business
  564  enterprises, as defined in s. 288.703, or veteran business
  565  enterprises, as defined in s. 295.187, in ownership, management,
  566  and employment. An applicant for licensure renewal must show the
  567  effectiveness of the diversity plan by including the following
  568  with his or her application for renewal:
  569         a. Representation of minority persons and veterans in the
  570  medical marijuana treatment center’s workforce;
  571         b. Efforts to recruit minority persons and veterans for
  572  employment; and
  573         c. A record of contracts for services with minority
  574  business enterprises and veteran business enterprises.
  575         (c) A medical marijuana treatment center may not make a
  576  wholesale purchase of marijuana from, or a distribution of
  577  marijuana to, another medical marijuana treatment center, unless
  578  the medical marijuana treatment center seeking to make a
  579  wholesale purchase of marijuana submits proof of harvest failure
  580  to the department.
  581         (d) The department shall establish, maintain, and control a
  582  computer software tracking system that traces marijuana from
  583  seed to sale and allows real-time, 24-hour access by the
  584  department to data from all medical marijuana treatment centers,
  585  medical marijuana retail facilities, and marijuana testing
  586  laboratories. The tracking system must allow for integration of
  587  other seed-to-sale systems and, at a minimum, include
  588  notification of when marijuana seeds are planted, when marijuana
  589  plants are harvested and destroyed, and when marijuana is
  590  transported, sold, stolen, diverted, or lost. Each medical
  591  marijuana treatment center and each medical marijuana retail
  592  facility shall use the seed-to-sale tracking system established
  593  by the department or integrate its own seed-to-sale tracking
  594  system with the seed-to-sale tracking system established by the
  595  department. Each medical marijuana treatment center and each
  596  medical marijuana retail facility may use its own seed-to-sale
  597  system until the department establishes a seed-to-sale tracking
  598  system. The department may contract with a vendor to establish
  599  the seed-to-sale tracking system. The vendor selected by the
  600  department may not have a contractual relationship with the
  601  department to perform any services pursuant to this section
  602  other than the seed-to-sale tracking system. The vendor may not
  603  have a direct or indirect financial interest in a medical
  604  marijuana treatment center, a medical marijuana retail facility,
  605  or a marijuana testing laboratory.
  606         (e) A licensed medical marijuana treatment center may shall
  607  cultivate, process, transport, and dispense marijuana for
  608  medical use. A licensed medical marijuana treatment center may
  609  not contract for services directly related to the cultivation
  610  and, processing, and dispensing of marijuana or marijuana
  611  delivery devices., except that A medical marijuana treatment
  612  center licensed pursuant to subparagraph (a)1. may contract with
  613  no more than 10 licensed medical marijuana retail facilities to
  614  dispense a single entity for the cultivation, processing,
  615  transporting, and dispensing of marijuana, and marijuana
  616  delivery devices, and edibles pursuant to subsection (9). A
  617  licensed medical marijuana treatment center must, at all times,
  618  maintain compliance with the criteria demonstrated and
  619  representations made in the initial application and the criteria
  620  established in this subsection. Upon request, the department may
  621  grant a medical marijuana treatment center a variance from the
  622  representations made in the initial application. Consideration
  623  of such a request shall be based upon the individual facts and
  624  circumstances surrounding the request. A variance may not be
  625  granted unless the requesting medical marijuana treatment center
  626  can demonstrate to the department that it has a proposed
  627  alternative to the specific representation made in its
  628  application which fulfills the same or a similar purpose as the
  629  specific representation in a way that the department can
  630  reasonably determine will not be a lower standard than the
  631  specific representation in the application. A variance may not
  632  be granted from the requirements in subparagraph 2. and
  633  subparagraphs (b)1. and 2.
  634         1. A licensed medical marijuana treatment center may
  635  transfer ownership to an individual or entity who meets the
  636  requirements of this section. A publicly traded corporation or
  637  publicly traded company that meets the requirements of this
  638  section is not precluded from ownership of a medical marijuana
  639  treatment center. To accommodate a change in ownership:
  640         a. The licensed medical marijuana treatment center shall
  641  notify the department in writing at least 60 days before the
  642  anticipated date of the change of ownership.
  643         b. The individual or entity applying for initial licensure
  644  due to a change of ownership must submit an application that
  645  must be received by the department at least 60 days before the
  646  date of change of ownership.
  647         c. Upon receipt of an application for a license, the
  648  department shall examine the application and, within 30 days
  649  after receipt, notify the applicant in writing of any apparent
  650  errors or omissions and request any additional information
  651  required.
  652         d. Requested information omitted from an application for
  653  licensure must be filed with the department within 21 days after
  654  the department’s request for omitted information or the
  655  application shall be deemed incomplete and shall be withdrawn
  656  from further consideration and the fees shall be forfeited.
  657  
  658  Within 30 days after the receipt of a complete application, the
  659  department shall approve or deny the application.
  660         2. A medical marijuana treatment center, and any individual
  661  or entity who directly or indirectly owns, controls, or holds
  662  with power to vote 5 percent or more of the voting shares of a
  663  medical marijuana treatment center, may not acquire direct or
  664  indirect ownership or control of any voting shares or other form
  665  of ownership of any other medical marijuana treatment center. A
  666  medical marijuana treatment center may not directly or
  667  indirectly own or operate a medical marijuana retail facility.
  668         3. A medical marijuana treatment center may not enter into
  669  any form of profit-sharing arrangement with the property owner
  670  or lessor of any of its facilities where cultivation,
  671  processing, storing, or dispensing of marijuana and marijuana
  672  delivery devices occurs.
  673         4. All employees of a medical marijuana treatment center
  674  must be 21 years of age or older and have passed a background
  675  screening pursuant to subsection (10) subsection (9).
  676         5. Each medical marijuana treatment center must adopt and
  677  enforce policies and procedures to ensure employees and
  678  volunteers receive training on the legal requirements to
  679  dispense marijuana to qualified patients.
  680         6. When growing marijuana, a medical marijuana treatment
  681  center:
  682         a. May use pesticides determined by the department, after
  683  consultation with the Department of Agriculture and Consumer
  684  Services, to be safely applied to plants intended for human
  685  consumption, but may not use pesticides designated as
  686  restricted-use pesticides pursuant to s. 487.042.
  687         b. Must grow marijuana within an enclosed structure and in
  688  a room separate from any other plant.
  689         c. Must inspect seeds and growing plants for plant pests
  690  that endanger or threaten the horticultural and agricultural
  691  interests of the state in accordance with chapter 581 and any
  692  rules adopted thereunder.
  693         d. Must perform fumigation or treatment of plants, or
  694  remove and destroy infested or infected plants, in accordance
  695  with chapter 581 and any rules adopted thereunder.
  696         7. Each medical marijuana treatment center must produce and
  697  make available for purchase at least one low-THC cannabis
  698  product.
  699         8. A medical marijuana treatment center that produces
  700  edibles must hold a permit to operate as a food establishment
  701  pursuant to chapter 500, the Florida Food Safety Act, and must
  702  comply with all the requirements for food establishments
  703  pursuant to chapter 500 and any rules adopted thereunder.
  704  Edibles may not contain more than 200 milligrams of
  705  tetrahydrocannabinol, and a single serving portion of an edible
  706  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  707  may have a potency variance of no greater than 15 percent.
  708  Edibles may not be attractive to children; be manufactured in
  709  the shape of humans, cartoons, or animals; be manufactured in a
  710  form that bears any reasonable resemblance to products available
  711  for consumption as commercially available candy; or contain any
  712  color additives. To discourage consumption of edibles by
  713  children, the department shall determine by rule any shapes,
  714  forms, and ingredients allowed and prohibited for edibles.
  715  Medical marijuana treatment centers may not begin processing or
  716  dispensing edibles until after the effective date of the rule.
  717  The department shall also adopt sanitation rules providing the
  718  standards and requirements for the storage, display, or
  719  dispensing of edibles.
  720         9. Within 12 months after licensure, a medical marijuana
  721  treatment center must demonstrate to the department that all of
  722  its processing facilities have passed a Food Safety Good
  723  Manufacturing Practices, such as Global Food Safety Initiative
  724  or equivalent, inspection by a nationally accredited certifying
  725  body. A medical marijuana treatment center must immediately stop
  726  processing at any facility which fails to pass this inspection
  727  until it demonstrates to the department that such facility has
  728  met this requirement.
  729         10. A medical marijuana treatment center that produces
  730  prerolled marijuana cigarettes may not use wrapping paper made
  731  with tobacco or hemp.
  732         11. When processing marijuana, a medical marijuana
  733  treatment center must:
  734         a. Process the marijuana within an enclosed structure and
  735  in a room separate from other plants or products.
  736         b. Comply with department rules when processing marijuana
  737  with hydrocarbon solvents or other solvents or gases exhibiting
  738  potential toxicity to humans. The department shall determine by
  739  rule the requirements for medical marijuana treatment centers to
  740  use such solvents or gases exhibiting potential toxicity to
  741  humans.
  742         c. Comply with federal and state laws and regulations and
  743  department rules for solid and liquid wastes. The department
  744  shall determine by rule procedures for the storage, handling,
  745  transportation, management, and disposal of solid and liquid
  746  waste generated during marijuana production and processing. The
  747  Department of Environmental Protection shall assist the
  748  department in developing such rules.
  749         d. Test the processed marijuana using a medical marijuana
  750  testing laboratory before it is dispensed. Results must be
  751  verified and signed by two medical marijuana treatment center
  752  employees. Before dispensing, the medical marijuana treatment
  753  center must determine that the test results indicate that low
  754  THC cannabis meets the definition of low-THC cannabis, the
  755  concentration of tetrahydrocannabinol meets the potency
  756  requirements of this section, the labeling of the concentration
  757  of tetrahydrocannabinol and cannabidiol is accurate, and all
  758  marijuana is safe for human consumption and free from
  759  contaminants that are unsafe for human consumption. The
  760  department shall determine by rule which contaminants must be
  761  tested for and the maximum levels of each contaminant which are
  762  safe for human consumption. The Department of Agriculture and
  763  Consumer Services shall assist the department in developing the
  764  testing requirements for contaminants that are unsafe for human
  765  consumption in edibles. The department shall also determine by
  766  rule the procedures for the treatment of marijuana that fails to
  767  meet the testing requirements of this section, s. 381.988, or
  768  department rule. The department may select a random sample from
  769  edibles available for purchase in a dispensing facility which
  770  shall be tested by the department to determine that the edible
  771  meets the potency requirements of this section, is safe for
  772  human consumption, and the labeling of the tetrahydrocannabinol
  773  and cannabidiol concentration is accurate. A medical marijuana
  774  treatment center may not require payment from the department for
  775  the sample. A medical marijuana treatment center must recall
  776  edibles, including all edibles made from the same batch of
  777  marijuana, which fail to meet the potency requirements of this
  778  section, which are unsafe for human consumption, or for which
  779  the labeling of the tetrahydrocannabinol and cannabidiol
  780  concentration is inaccurate. The medical marijuana treatment
  781  center must retain records of all testing and samples of each
  782  homogenous batch of marijuana for at least 9 months. The medical
  783  marijuana treatment center must contract with a marijuana
  784  testing laboratory to perform audits on the medical marijuana
  785  treatment center’s standard operating procedures, testing
  786  records, and samples and provide the results to the department
  787  to confirm that the marijuana or low-THC cannabis meets the
  788  requirements of this section and that the marijuana or low-THC
  789  cannabis is safe for human consumption. A medical marijuana
  790  treatment center shall reserve two processed samples from each
  791  batch and retain such samples for at least 9 months for the
  792  purpose of such audits. A medical marijuana treatment center may
  793  use a laboratory that has not been certified by the department
  794  under s. 381.988 until such time as at least one laboratory
  795  holds the required certification, but in no event later than
  796  July 1, 2018.
  797         e. Package the marijuana in compliance with the United
  798  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  799  1471 et seq.
  800         f. Package the marijuana in a receptacle that has a firmly
  801  affixed and legible label stating the following information:
  802         (I) The marijuana or low-THC cannabis meets the
  803  requirements of sub-subparagraph d.
  804         (II) The name of the medical marijuana treatment center
  805  from which the marijuana originates.
  806         (III) The batch number and harvest number from which the
  807  marijuana originates and the date dispensed.
  808         (IV) The name of the physician who issued the physician
  809  certification.
  810         (V) The name of the patient.
  811         (VI) The product name, if applicable, and dosage form,
  812  including concentration of tetrahydrocannabinol and cannabidiol.
  813  The product name may not contain wording commonly associated
  814  with products marketed by or to children.
  815         (VII) The recommended dose.
  816         (VIII) A warning that it is illegal to transfer medical
  817  marijuana to another person.
  818         (IX) A marijuana universal symbol developed by the
  819  department.
  820         12. The medical marijuana treatment center shall include in
  821  each package a patient package insert with information on the
  822  specific product dispensed related to:
  823         a. Clinical pharmacology.
  824         b. Indications and use.
  825         c. Dosage and administration.
  826         d. Dosage forms and strengths.
  827         e. Contraindications.
  828         f. Warnings and precautions.
  829         g. Adverse reactions.
  830         13. In addition to the packaging and labeling requirements
  831  specified in subparagraphs 11. and 12., marijuana in a form for
  832  smoking must be packaged in a sealed receptacle with a legible
  833  and prominent warning to keep away from children and a warning
  834  that states marijuana smoke contains carcinogens and may
  835  negatively affect health. Such receptacles for marijuana in a
  836  form for smoking must be plain, opaque, and white without
  837  depictions of the product or images other than the medical
  838  marijuana treatment center’s department-approved logo and the
  839  marijuana universal symbol.
  840         14. The department shall adopt rules to regulate the types,
  841  appearance, and labeling of marijuana delivery devices dispensed
  842  from a medical marijuana treatment center. The rules must
  843  require marijuana delivery devices to have an appearance
  844  consistent with medical use.
  845         15. Each edible shall be individually sealed in plain,
  846  opaque wrapping marked only with the marijuana universal symbol.
  847  Where practical, each edible shall be marked with the marijuana
  848  universal symbol. In addition to the packaging and labeling
  849  requirements in subparagraphs 11. and 12., edible receptacles
  850  must be plain, opaque, and white without depictions of the
  851  product or images other than the medical marijuana treatment
  852  center’s department-approved logo and the marijuana universal
  853  symbol. The receptacle must also include a list of all the
  854  edible’s ingredients, storage instructions, an expiration date,
  855  a legible and prominent warning to keep away from children and
  856  pets, and a warning that the edible has not been produced or
  857  inspected pursuant to federal food safety laws.
  858         16. When dispensing marijuana or a marijuana delivery
  859  device, a medical marijuana treatment center:
  860         a. May dispense any active, valid order for low-THC
  861  cannabis, medical cannabis, and cannabis delivery devices issued
  862  pursuant to former s. 381.986, Florida Statutes 2016, which was
  863  entered into the medical marijuana use registry before July 1,
  864  2017.
  865         b. May not dispense more than a 70-day supply of marijuana
  866  within any 70-day period to a qualified patient or caregiver.
  867  May not dispense more than one 35-day supply of marijuana in a
  868  form for smoking within any 35-day period to a qualified patient
  869  or caregiver. A 35-day supply of marijuana in a form for smoking
  870  may not exceed 2.5 ounces unless an exception to this amount is
  871  approved by the department pursuant to paragraph (4)(f).
  872         c. Must have the medical marijuana treatment center’s
  873  employee who dispenses the marijuana or a marijuana delivery
  874  device enter into the medical marijuana use registry his or her
  875  name or unique employee identifier.
  876         d. Must verify that the qualified patient and the
  877  caregiver, if applicable, each have an active registration in
  878  the medical marijuana use registry and an active and valid
  879  medical marijuana use registry identification card, the amount
  880  and type of marijuana dispensed matches the physician
  881  certification in the medical marijuana use registry for that
  882  qualified patient, and the physician certification has not
  883  already been filled.
  884         e. May not dispense marijuana to a qualified patient who is
  885  younger than 18 years of age. If the qualified patient is
  886  younger than 18 years of age, marijuana may only be dispensed
  887  only to the qualified patient’s caregiver.
  888         f. May not dispense or sell any other type of cannabis,
  889  alcohol, or illicit drug-related product, including pipes or
  890  wrapping papers made with tobacco or hemp, other than a
  891  marijuana delivery device required for the medical use of
  892  marijuana and which is specified in a physician certification.
  893         g. Must, upon dispensing the marijuana or marijuana
  894  delivery device, record in the registry the date, time,
  895  quantity, and form of marijuana dispensed; the type of marijuana
  896  delivery device dispensed; and the name and medical marijuana
  897  use registry identification number of the qualified patient or
  898  caregiver to whom the marijuana delivery device was dispensed.
  899         h. Must ensure that patient records are not visible to
  900  anyone other than the qualified patient, his or her caregiver,
  901  and authorized medical marijuana treatment center employees.
  902         (f) To ensure the safety and security of premises where the
  903  cultivation, processing, storing, or dispensing of marijuana
  904  occurs, and to maintain adequate controls against the diversion,
  905  theft, and loss of marijuana or marijuana delivery devices, a
  906  medical marijuana treatment center shall:
  907         1.a. Maintain a fully operational security alarm system
  908  that secures all entry points and perimeter windows and is
  909  equipped with motion detectors; pressure switches; and duress,
  910  panic, and hold-up alarms; and
  911         b. Maintain a video surveillance system that records
  912  continuously 24 hours a day and meets the following criteria:
  913         (I) Cameras are fixed in a place that allows for the clear
  914  identification of persons and activities in controlled areas of
  915  the premises. Controlled areas include grow rooms, processing
  916  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  917  rooms.
  918         (II) Cameras are fixed in entrances and exits to the
  919  premises, which shall record from both indoor and outdoor, or
  920  ingress and egress, vantage points.
  921         (III) Recorded images must clearly and accurately display
  922  the time and date.
  923         (IV) Retain Video surveillance recordings are retained for
  924  at least 45 days or longer upon the request of a law enforcement
  925  agency.
  926         2. Ensure that the medical marijuana treatment center’s
  927  outdoor premises have sufficient lighting from dusk until dawn.
  928         3. Ensure that the indoor premises where dispensing occurs
  929  includes a waiting area with sufficient space and seating to
  930  accommodate qualified patients and caregivers and at least one
  931  private consultation area that is isolated from the waiting area
  932  and area where dispensing occurs. A medical marijuana treatment
  933  center may not display products or dispense marijuana or
  934  marijuana delivery devices in the waiting area.
  935         4. Not dispense from its premises marijuana or a marijuana
  936  delivery device between the hours of 9 p.m. and 7 a.m., but may
  937  perform all other operations and deliver marijuana to qualified
  938  patients 24 hours a day.
  939         5. Store marijuana in a secured, locked room or a vault.
  940         6. Require at least two of its employees, or two employees
  941  of a security agency with whom it contracts, to be on the
  942  premises at all times where cultivation, processing, or storing
  943  of marijuana occurs.
  944         7. Require each employee or contractor to wear a photo
  945  identification badge at all times while on the premises.
  946         8. Require each visitor to wear a visitor pass at all times
  947  while on the premises.
  948         9. Implement an alcohol and drug-free workplace policy.
  949         10. Report to local law enforcement within 24 hours after
  950  the medical marijuana treatment center is notified or becomes
  951  aware of the theft, diversion, or loss of marijuana.
  952         (g) To ensure the safe transport of marijuana and marijuana
  953  delivery devices to medical marijuana treatment centers,
  954  marijuana testing laboratories, or qualified patients, a medical
  955  marijuana treatment center must:
  956         1. Maintain a marijuana transportation manifest in any
  957  vehicle transporting marijuana. The marijuana transportation
  958  manifest must be generated from a medical marijuana treatment
  959  center’s seed-to-sale tracking system and include the:
  960         a. Departure date and approximate time of departure.
  961         b. Name, location address, and license number of the
  962  originating medical marijuana treatment center.
  963         c. Name and address of the recipient of the delivery.
  964         d. Quantity and form of any marijuana or marijuana delivery
  965  device being transported.
  966         e. Arrival date and estimated time of arrival.
  967         f. Delivery vehicle make and model and license plate
  968  number.
  969         g. Name and signature of the medical marijuana treatment
  970  center employees delivering the product.
  971         (I) A copy of the marijuana transportation manifest must be
  972  provided to each individual, medical marijuana treatment center,
  973  or marijuana testing laboratory that receives a delivery. The
  974  individual, or a representative of the center or laboratory,
  975  must sign a copy of the marijuana transportation manifest
  976  acknowledging receipt.
  977         (II) An individual transporting marijuana or a marijuana
  978  delivery device must present a copy of the relevant marijuana
  979  transportation manifest and his or her employee identification
  980  card to a law enforcement officer upon request.
  981         (III) Medical marijuana treatment centers and marijuana
  982  testing laboratories must retain copies of all marijuana
  983  transportation manifests for at least 3 years.
  984         2. Ensure only vehicles in good working order are used to
  985  transport marijuana.
  986         3. Lock marijuana and marijuana delivery devices in a
  987  separate compartment or container within the vehicle.
  988         4. Require employees to have possession of their employee
  989  identification card at all times when transporting marijuana or
  990  marijuana delivery devices.
  991         5. Require at least two persons to be in a vehicle
  992  transporting marijuana or marijuana delivery devices, and
  993  require at least one person to remain in the vehicle while the
  994  marijuana or marijuana delivery device is being delivered.
  995         6. Provide specific safety and security training to
  996  employees transporting or delivering marijuana and marijuana
  997  delivery devices.
  998         (h) A medical marijuana treatment center may not engage in
  999  advertising that is visible to members of the public from any
 1000  street, sidewalk, park, or other public place, except:
 1001         1. The dispensing location of a medical marijuana treatment
 1002  center may have a sign that is affixed to the outside or hanging
 1003  in the window of the premises which identifies the dispensary by
 1004  the licensee’s business name, a department-approved trade name,
 1005  or a department-approved logo. A medical marijuana treatment
 1006  center’s trade name and logo may not contain wording or images
 1007  commonly associated with marketing targeted toward children or
 1008  which promote recreational use of marijuana.
 1009         2. A medical marijuana treatment center may engage in
 1010  Internet advertising and marketing under the following
 1011  conditions:
 1012         a. All advertisements must be approved by the department.
 1013         b. An advertisement may not have any content that
 1014  specifically targets individuals under the age of 18, including
 1015  cartoon characters or similar images.
 1016         c. An advertisement may not be an unsolicited pop-up
 1017  advertisement.
 1018         d. Opt-in marketing must include an easy and permanent opt
 1019  out feature.
 1020         (i) Each medical marijuana treatment center that dispenses
 1021  marijuana and marijuana delivery devices shall make available to
 1022  the public on its website:
 1023         1. Each marijuana and low-THC product available for
 1024  purchase, including the form, strain of marijuana from which it
 1025  was extracted, cannabidiol content, tetrahydrocannabinol
 1026  content, dose unit, total number of doses available, and the
 1027  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1028         2. The price for a 30-day, 50-day, and 70-day supply at a
 1029  standard dose for each marijuana and low-THC product available
 1030  for purchase.
 1031         3. The price for each marijuana delivery device available
 1032  for purchase.
 1033         4. If applicable, any discount policies and eligibility
 1034  criteria for such discounts.
 1035         (j) Medical marijuana treatment centers are the sole source
 1036  from which A qualified patient may legally obtain marijuana only
 1037  from a medical marijuana treatment center or a medical marijuana
 1038  retail facility.
 1039         (k) The department may adopt rules pursuant to ss.
 1040  120.536(1) and 120.54 to implement this subsection.
 1041         (9)MEDICAL MARIJUANA RETAIL FACILITIES.—The department
 1042  shall license medical marijuana retail facilities to ensure
 1043  reasonable statewide accessibility and availability as necessary
 1044  for qualified patients who are registered in the medical
 1045  marijuana use registry and who are issued a physician
 1046  certification under this section. The department shall begin
 1047  issuing medical marijuana retail facility licenses by August 1,
 1048  2021.
 1049         (a)An applicant for licensure as a medical marijuana
 1050  retail facility must apply to the department on a form
 1051  prescribed by the department and adopted in rule. The department
 1052  shall adopt rules pursuant to ss. 120.536(1) and 120.54
 1053  establishing a procedure for the issuance and biennial renewal
 1054  of licenses. The department shall identify applicants with
 1055  strong diversity plans reflecting this state’s commitment to
 1056  diversity, and the department shall implement training programs
 1057  and other educational programs to enable minority persons and
 1058  minority business enterprises, as defined in s. 288.703, and
 1059  veteran business enterprises, as defined in s. 295.187, to
 1060  qualify for medical marijuana retail facility licensure and
 1061  contracts. The department must issue a license to an applicant
 1062  if the applicant meets the requirements of this subsection and
 1063  rules adopted under this subsection. The department shall renew
 1064  the licensure of a medical marijuana retail facility biennially
 1065  if the licensee meets the requirements of this subsection and
 1066  the rules adopted under this subsection. An individual may not
 1067  be an applicant, an owner, an officer, a board member, or a
 1068  manager on more than one application for licensure as a medical
 1069  marijuana retail facility. An individual or entity may not be
 1070  awarded more than one license as a medical marijuana retail
 1071  facility. Each medical marijuana retail facility license is
 1072  valid for one physical location. A medical marijuana treatment
 1073  center may not be awarded a license to operate a medical
 1074  marijuana retail facility.
 1075         (b)An applicant for licensure as a medical marijuana
 1076  retail facility must demonstrate all of the following:
 1077         1.The ability to secure the premises, resources, and
 1078  personnel necessary to operate as a medical marijuana retail
 1079  facility.
 1080         2.The ability to maintain accountability for all raw
 1081  materials, all finished products, and any byproducts to prevent
 1082  diversion or unlawful access to or possession of these
 1083  substances.
 1084         3.An infrastructure reasonably located to dispense
 1085  marijuana to registered qualified patients statewide or
 1086  regionally, as determined by the department.
 1087         4.The financial ability to maintain operations for the
 1088  duration of the 2-year approval cycle, including the provision
 1089  of certified financial statements to the department.
 1090         5.That all owners, officers, board members, and managers
 1091  have passed a background screening pursuant to subsection (10).
 1092         6.The employment of a medical director to supervise the
 1093  activities of the medical marijuana retail facility.
 1094         7.A diversity plan that promotes and ensures the
 1095  involvement of minority persons and minority business
 1096  enterprises, as defined in s. 288.703, or veteran business
 1097  enterprises, as defined in s. 295.187, in ownership, management,
 1098  and employment. An applicant for licensure renewal must show the
 1099  effectiveness of the diversity plan by including the following
 1100  with his or her application for renewal:
 1101         a.Representation of minority persons and veterans in the
 1102  medical marijuana retail facility’s workforce;
 1103         b.Efforts to recruit minority persons and veterans for
 1104  employment; and
 1105         c.A record of contracts for services with minority
 1106  business enterprises and veteran business enterprises.
 1107         8.Proof of liability insurance coverage of at least
 1108  $250,000 for each facility that dispenses or stores marijuana or
 1109  medical marijuana delivery devices.
 1110         (c)A medical marijuana retail facility may not make a
 1111  wholesale purchase of marijuana from a medical marijuana
 1112  treatment center.
 1113         (d)A medical marijuana retail facility may not transport
 1114  marijuana, marijuana delivery devices, or edibles.
 1115         (e)A medical marijuana retail facility may contract with
 1116  only one medical marijuana treatment center to dispense
 1117  marijuana, marijuana delivery devices, or edibles to a qualified
 1118  patient or caregiver.
 1119         (f)1.A medical marijuana retail facility may transfer
 1120  ownership to an individual or entity that meets the requirements
 1121  of this section. A publicly traded corporation or publicly
 1122  traded company that meets the requirements of this section is
 1123  not precluded from ownership of a medical marijuana retail
 1124  facility. To accommodate a change in ownership:
 1125         a.The medical marijuana retail facility must notify the
 1126  department in writing at least 60 days before the anticipated
 1127  date of the change of ownership.
 1128         b.The individual or entity applying for initial licensure
 1129  due to a change of ownership must submit an application that
 1130  must be received by the department at least 60 days before the
 1131  date of the change of ownership.
 1132         c.Upon receipt of an application for a license, the
 1133  department shall examine the application and, within 30 days
 1134  after receipt, notify the applicant in writing of any apparent
 1135  errors or omissions and request any additional information
 1136  required.
 1137         d.Requested information omitted from an application for
 1138  licensure must be filed with the department within 21 days after
 1139  the department’s request for omitted information or the
 1140  application shall be deemed incomplete and must be withdrawn
 1141  from further consideration, and any fees shall be forfeited.
 1142  
 1143  Within 30 days after the receipt of a complete application, the
 1144  department shall approve or deny the application.
 1145         2.A medical marijuana retail facility, and any individual
 1146  or entity that directly or indirectly owns, controls, or holds
 1147  with power to vote 5 percent or more of the voting shares of a
 1148  medical marijuana retail facility, may not acquire direct or
 1149  indirect ownership or control of any voting shares or other form
 1150  of ownership of any other medical marijuana retail facility.
 1151         3.A medical marijuana retail facility may not enter into
 1152  any form of profit-sharing arrangement with the property owner
 1153  or lessor of any of its facilities where storing or dispensing
 1154  of marijuana and marijuana delivery devices occurs.
 1155         4.All employees of a medical marijuana retail facility
 1156  must be 21 years of age or older and have passed a background
 1157  screening pursuant to subsection (10).
 1158         5.Each medical marijuana retail facility must adopt and
 1159  enforce policies and procedures to ensure that employees and
 1160  volunteers receive training on the legal requirements to
 1161  dispense marijuana to qualified patients.
 1162         6.Each medical marijuana retail facility must make
 1163  available for purchase at least one low-THC cannabis product.
 1164         7.A medical marijuana retail facility may not repackage or
 1165  modify marijuana or a medical marijuana delivery device packaged
 1166  for retail sale by a contracted medical marijuana treatment
 1167  center.
 1168         8.A medical marijuana retail facility may not process or
 1169  produce edibles, but it may dispense to a qualified patient or
 1170  caregiver edibles in the original packaging and with the
 1171  original labeling affixed as received from a contracted medical
 1172  marijuana treatment center. Onsite consumption of marijuana or
 1173  edibles at a medical marijuana retail facility is prohibited.
 1174  The department may select a random sample from edibles available
 1175  for purchase in a medical marijuana retail facility to be tested
 1176  by the department to determine whether the edibles meets the
 1177  potency requirements of subparagraph (8)(e)8. and are safe for
 1178  human consumption, and whether the labeling of the
 1179  tetrahydrocannabinol and cannabidiol concentration is accurate.
 1180  A medical marijuana retail facility may not require payment from
 1181  the department for the sample. A medical marijuana retail
 1182  facility must recall edibles, including all edibles made from
 1183  the same batch of marijuana, which fail to meet the potency
 1184  requirements, which are unsafe for human consumption, or for
 1185  which the labeling of the tetrahydrocannabinol and cannabidiol
 1186  concentration is inaccurate.
 1187         9.When dispensing marijuana or a marijuana delivery
 1188  device, a medical marijuana retail facility:
 1189         a.May dispense any active, valid order for low-THC
 1190  cannabis, medical cannabis, and cannabis delivery devices issued
 1191  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1192  entered into the medical marijuana use registry before July 1,
 1193  2017.
 1194         b.May not dispense more than a 70-day supply of marijuana
 1195  to a qualified patient or caregiver.
 1196         c.Must require that an employee who dispenses the
 1197  marijuana or a marijuana delivery device enter into the medical
 1198  marijuana use registry his or her name or unique employee
 1199  identifier.
 1200         d.Must verify that the qualified patient and the
 1201  caregiver, if applicable, each have an active registration in
 1202  the medical marijuana use registry and an active and valid
 1203  medical marijuana use registry identification card, that the
 1204  amount and type of marijuana dispensed matches the physician
 1205  certification in the medical marijuana use registry for that
 1206  qualified patient, and that the physician certification has not
 1207  already been filled.
 1208         e.May not dispense marijuana to a qualified patient who is
 1209  younger than 18 years of age. If the qualified patient is
 1210  younger than 18 years of age, marijuana may be dispensed only to
 1211  the qualified patient’s caregiver.
 1212         f.May not dispense or sell any other type of cannabis,
 1213  alcohol, or illicit drug-related product, including pipes,
 1214  bongs, or rolling papers, other than a marijuana delivery device
 1215  required for the medical use of marijuana which is specified in
 1216  a physician certification.
 1217         g.Must, upon dispensing the marijuana or marijuana
 1218  delivery device, record in the registry the date, time,
 1219  quantity, and form of marijuana dispensed; the type of marijuana
 1220  delivery device dispensed; and the name and medical marijuana
 1221  use registry identification number of the qualified patient or
 1222  caregiver to whom the marijuana or marijuana delivery device was
 1223  dispensed.
 1224         h.Must ensure that patient records are not visible to
 1225  anyone other than the qualified patient, his or her caregiver,
 1226  and authorized medical marijuana retail facility employees.
 1227         (g)To ensure the safety and security of premises where the
 1228  storing or dispensing of marijuana occurs, and to maintain
 1229  adequate controls against the diversion, theft, and loss of
 1230  marijuana or marijuana delivery devices, a medical marijuana
 1231  retail facility shall:
 1232         1.a.Maintain a fully operational security alarm system
 1233  that secures all entry points and perimeter windows and is
 1234  equipped with motion detectors; pressure switches; and duress,
 1235  panic, and hold-up alarms; and
 1236         b.Maintain a video surveillance system that records
 1237  continuously, 24 hours a day, and meets the following criteria:
 1238         (I)Cameras are fixed in a place that allows for the clear
 1239  identification of persons and activities in controlled areas of
 1240  the premises. Controlled areas include grow rooms, processing
 1241  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1242  rooms.
 1243         (II)Cameras are fixed in entrances and exits to the
 1244  premises and record from indoor and outdoor, or ingress and
 1245  egress, vantage points.
 1246         (III)Recorded images clearly and accurately display the
 1247  time and date.
 1248         (IV)Video surveillance recordings are retained for at
 1249  least 45 days, or longer upon the request of a law enforcement
 1250  agency.
 1251         2.Ensure that the outdoor premises have sufficient
 1252  lighting from dusk until dawn.
 1253         3.Ensure that the indoor premises where dispensing occurs
 1254  include a waiting area with sufficient space and seating to
 1255  accommodate qualified patients and caregivers and at least one
 1256  private consultation area that is isolated from the waiting area
 1257  and the area where dispensing occurs. A medical marijuana retail
 1258  facility may not display products or dispense marijuana or
 1259  marijuana delivery devices in the waiting area.
 1260         4.Not dispense from its premises marijuana or a marijuana
 1261  delivery device between the hours of 9 p.m. and 7 a.m. but may
 1262  perform all other operations and deliver marijuana to qualified
 1263  patients 24 hours a day.
 1264         5.Store marijuana in a secured, locked room or a vault.
 1265         6.Require at least two of its employees, or two employees
 1266  of a security agency with whom it contracts, to be on the
 1267  premises at all times where cultivation, processing, or storing
 1268  of marijuana occurs.
 1269         7.Require each employee or contractor to wear a photo
 1270  identification badge at all times while on the premises.
 1271         8.Require each visitor to wear a visitor pass at all times
 1272  while on the premises.
 1273         9.Implement an alcohol- and drug-free workplace policy.
 1274         10.Report to local law enforcement within 24 hours after
 1275  being notified or becoming aware of the theft, diversion, or
 1276  loss of marijuana.
 1277         (h)A medical marijuana retail facility may not engage in
 1278  Internet sales.
 1279         (i)A medical marijuana retail facility may not engage in
 1280  advertising that is visible to members of the public from any
 1281  street, sidewalk, park, or other public place, except:
 1282         1.A medical marijuana retail facility may have a sign that
 1283  is affixed to the outside, or hanging in the window, of the
 1284  premises which identifies the facility by the licensee’s
 1285  business name, a department-approved trade name, or a
 1286  department-approved logo. A medical marijuana retail facility’s
 1287  trade name and logo may not contain wording or images commonly
 1288  associated with marketing targeted toward children or which
 1289  promote recreational use of marijuana.
 1290         2.A medical marijuana retail facility may engage in
 1291  Internet advertising and marketing under the following
 1292  conditions:
 1293         a.All advertisements must be approved by the department.
 1294         b.An advertisement may not have any content that
 1295  specifically targets individuals under the age of 18, including
 1296  cartoon characters or similar images.
 1297         c.An advertisement may not be an unsolicited pop-up
 1298  advertisement.
 1299         d.Opt-in marketing must include an easy and permanent opt
 1300  out feature.
 1301         (j)Each medical marijuana retail facility that dispenses
 1302  marijuana, marijuana delivery devices, or edibles shall make
 1303  available to the public on its website:
 1304         1.Information on each marijuana and low-THC cannabis
 1305  product available for purchase, including the form, strain of
 1306  marijuana from which it was extracted, cannabidiol content,
 1307  tetrahydrocannabinol content, dose unit, and total number of
 1308  doses available, and the ratio of cannabidiol to
 1309  tetrahydrocannabinol for each such product.
 1310         2.The price of a 30-day supply, 50-day supply, and-70 day
 1311  supply at a standard dose for each marijuana and low-THC
 1312  cannabis product available for purchase.
 1313         3.The price for each marijuana delivery device available
 1314  for purchase.
 1315         4.If applicable, any discount policies and eligibility
 1316  criteria for such discounts.
 1317         (k)A qualified patient may legally obtain medical
 1318  marijuana only from a medical marijuana treatment center or a
 1319  medical marijuana retail facility.
 1320         (l)The department may adopt rules pursuant to ss.
 1321  120.536(1) and 120.54 to implement this subsection.
 1322         (11)(10) MEDICAL MARIJUANA TREATMENT CENTER AND MEDICAL
 1323  MARIJUANA RETAIL FACILITY INSPECTIONS; ADMINISTRATIVE ACTIONS.—
 1324         (a) The department shall conduct announced or unannounced
 1325  inspections of medical marijuana treatment centers and medical
 1326  marijuana retail facilities to determine compliance with this
 1327  section or rules adopted pursuant to this section.
 1328         (b) The department shall inspect a medical marijuana
 1329  treatment center upon receiving a complaint or notice that the
 1330  medical marijuana treatment center has dispensed marijuana
 1331  containing mold, bacteria, or other contaminant that may cause
 1332  or has caused an adverse effect to human health or the
 1333  environment.
 1334         (c) The department shall conduct at least a biennial
 1335  inspection of each medical marijuana treatment center and each
 1336  medical marijuana retail facility to evaluate the medical
 1337  marijuana treatment center’s or medical marijuana retail
 1338  facility’s records, personnel, equipment, processes, security
 1339  measures, sanitation practices, and quality assurance practices.
 1340         (d) The Department of Agriculture and Consumer Services and
 1341  the department shall enter into an interagency agreement to
 1342  ensure cooperation and coordination in the performance of their
 1343  obligations under this section and their respective regulatory
 1344  and authorizing laws. The department, the Department of Highway
 1345  Safety and Motor Vehicles, and the Department of Law Enforcement
 1346  may enter into interagency agreements for the purposes specified
 1347  in this subsection or subsection (7).
 1348         (e) The department shall publish a list of all approved
 1349  medical marijuana treatment centers, medical directors, medical
 1350  marijuana retail facilities, and qualified physicians on its
 1351  website.
 1352         (f) The department may impose reasonable fines not to
 1353  exceed $10,000 on a medical marijuana treatment center or a
 1354  medical marijuana retail facility for any of the following
 1355  violations:
 1356         1. Violating this section or department rule.
 1357         2. Failing to maintain qualifications for approval.
 1358         3. Endangering the health, safety, or security of a
 1359  qualified patient.
 1360         4. Improperly disclosing personal and confidential
 1361  information of the qualified patient.
 1362         5. Attempting to procure medical marijuana treatment center
 1363  or medical marijuana retail facility approval by bribery,
 1364  fraudulent misrepresentation, or extortion.
 1365         6. Being convicted or found guilty of, or entering a plea
 1366  of guilty or nolo contendere to, regardless of adjudication, a
 1367  crime in any jurisdiction which directly relates to the business
 1368  of a medical marijuana treatment center or a medical marijuana
 1369  retail facility.
 1370         7. Making or filing a report or record that the medical
 1371  marijuana treatment center or medical marijuana retail facility
 1372  knows to be false.
 1373         8. Willfully failing to maintain a record required by this
 1374  section or department rule.
 1375         9. Willfully impeding or obstructing an employee or agent
 1376  of the department in the furtherance of his or her official
 1377  duties.
 1378         10. Engaging in fraud or deceit, negligence, incompetence,
 1379  or misconduct in the business practices of a medical marijuana
 1380  treatment center or a medical marijuana retail facility.
 1381         11. Making misleading, deceptive, or fraudulent
 1382  representations in or related to the business practices of a
 1383  medical marijuana treatment center or a medical marijuana retail
 1384  facility.
 1385         12. Having a license or the authority to engage in any
 1386  regulated profession, occupation, or business that is related to
 1387  the business practices of a medical marijuana treatment center
 1388  or a medical marijuana retail facility suspended, revoked, or
 1389  otherwise acted against by the licensing authority of any
 1390  jurisdiction, including its agencies or subdivisions, for a
 1391  violation that would constitute a violation under Florida law.
 1392         13. Violating a lawful order of the department or an agency
 1393  of the state, or failing to comply with a lawfully issued
 1394  subpoena of the department or an agency of the state.
 1395         (g) The department may suspend, revoke, or refuse to renew
 1396  the license of a medical marijuana treatment center or a medical
 1397  marijuana retail facility license if the medical marijuana
 1398  treatment center or medical marijuana retail facility commits
 1399  any of the violations in paragraph (f).
 1400         (h) The department may adopt rules pursuant to ss.
 1401  120.536(1) and 120.54 to implement this subsection.
 1402         (12)(11) PREEMPTION.—Regulation of cultivation, processing,
 1403  and delivery of marijuana by medical marijuana treatment centers
 1404  is preempted to the state except as provided in this subsection.
 1405         (a) A medical marijuana treatment center cultivating or
 1406  processing facility may not be located within 500 feet of the
 1407  real property that comprises a public or private elementary
 1408  school, middle school, or secondary school.
 1409         (b)1. A county or municipality may, by ordinance, ban
 1410  medical marijuana treatment center dispensing facilities or
 1411  medical marijuana retail facilities from being located within
 1412  the boundaries of that county or municipality. A county or
 1413  municipality that does not ban dispensing facilities or medical
 1414  marijuana retail facilities under this subparagraph may not
 1415  place specific limits, by ordinance, on the number of dispensing
 1416  facilities or medical marijuana retail facilities that may
 1417  locate within that county or municipality.
 1418         2. A municipality may determine by ordinance the criteria
 1419  for the location of, and other permitting requirements that do
 1420  not conflict with state law or department rule for, medical
 1421  marijuana treatment center dispensing facilities or medical
 1422  marijuana retail facilities located within the boundaries of
 1423  that municipality. A county may determine by ordinance the
 1424  criteria for the location of, and other permitting requirements
 1425  that do not conflict with state law or department rule for, all
 1426  such dispensing facilities and medical marijuana retail
 1427  facilities located within the unincorporated areas of that
 1428  county. Except as provided in paragraph (c), a county or
 1429  municipality may not enact ordinances for permitting or for
 1430  determining the location of dispensing facilities and medical
 1431  marijuana retail facilities which are more restrictive than its
 1432  ordinances permitting or determining the locations for
 1433  pharmacies licensed under chapter 465. A municipality or county
 1434  may not charge a medical marijuana treatment center or a medical
 1435  marijuana retail facility a license or permit fee in an amount
 1436  greater than the fee charged by such municipality or county to
 1437  pharmacies. A dispensing facility location approved by a
 1438  municipality or county pursuant to former s. 381.986(8)(b),
 1439  Florida Statutes 2016, is not subject to the location
 1440  requirements of this subsection.
 1441         (c) A medical marijuana treatment center dispensing
 1442  facility or a medical marijuana retail facility may not be
 1443  located within 500 feet of the real property that comprises a
 1444  public or private elementary school, middle school, or secondary
 1445  school unless the county or municipality approves the location
 1446  through a formal proceeding open to the public at which the
 1447  county or municipality determines that the location promotes the
 1448  public health, safety, and general welfare of the community.
 1449         (d) This subsection does not prohibit any local
 1450  jurisdiction from ensuring that medical marijuana treatment
 1451  center dispensing facilities and medical marijuana retail
 1452  facilities comply with the Florida Building Code, the Florida
 1453  Fire Prevention Code, or any local amendments to the Florida
 1454  Building Code or the Florida Fire Prevention Code.
 1455         (13)(12) PENALTIES.—
 1456         (a) A qualified physician commits a misdemeanor of the
 1457  first degree, punishable as provided in s. 775.082 or s.
 1458  775.083, if the qualified physician issues a physician
 1459  certification for the medical use of marijuana for a patient
 1460  without a reasonable belief that the patient is suffering from a
 1461  qualifying medical condition.
 1462         (b) A person who fraudulently represents that he or she has
 1463  a qualifying medical condition to a qualified physician for the
 1464  purpose of being issued a physician certification commits a
 1465  misdemeanor of the first degree, punishable as provided in s.
 1466  775.082 or s. 775.083.
 1467         (c) A qualified patient who uses marijuana, not including
 1468  low-THC cannabis, or a caregiver who administers marijuana, not
 1469  including low-THC cannabis, in plain view of or in a place open
 1470  to the general public; in a school bus, a vehicle, an aircraft,
 1471  or a boat; or on the grounds of a school except as provided in
 1472  s. 1006.062, commits a misdemeanor of the first degree,
 1473  punishable as provided in s. 775.082 or s. 775.083.
 1474         (d) A qualified patient or caregiver who cultivates
 1475  marijuana or who purchases or acquires marijuana from any person
 1476  or entity other than a medical marijuana treatment center or a
 1477  medical marijuana retail facility violates s. 893.13 and is
 1478  subject to the penalties provided therein.
 1479         (e)1. A qualified patient or caregiver in possession of
 1480  marijuana or a marijuana delivery device who fails or refuses to
 1481  present his or her marijuana use registry identification card
 1482  upon the request of a law enforcement officer commits a
 1483  misdemeanor of the second degree, punishable as provided in s.
 1484  775.082 or s. 775.083, unless it can be determined through the
 1485  medical marijuana use registry that the person is authorized to
 1486  be in possession of that marijuana or marijuana delivery device.
 1487         2. A person charged with a violation of this paragraph may
 1488  not be convicted if, before or at the time of his or her court
 1489  or hearing appearance, the person produces in court or to the
 1490  clerk of the court in which the charge is pending a medical
 1491  marijuana use registry identification card issued to him or her
 1492  which is valid at the time of his or her arrest. The clerk of
 1493  the court is authorized to dismiss such case at any time before
 1494  the defendant’s appearance in court. The clerk of the court may
 1495  assess a fee of $5 for dismissing the case under this paragraph.
 1496         (f) A caregiver who violates any of the applicable
 1497  provisions of this section or applicable department rules, for
 1498  the first offense, commits a misdemeanor of the second degree,
 1499  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1500  second or subsequent offense, commits a misdemeanor of the first
 1501  degree, punishable as provided in s. 775.082 or s. 775.083.
 1502         (g) A qualified physician who issues a physician
 1503  certification for marijuana or a marijuana delivery device and
 1504  receives compensation from a medical marijuana treatment center
 1505  related to the issuance of a physician certification for
 1506  marijuana or a marijuana delivery device is subject to
 1507  disciplinary action under the applicable practice act and s.
 1508  456.072(1)(n).
 1509         (h) A person transporting marijuana or marijuana delivery
 1510  devices on behalf of a medical marijuana treatment center or
 1511  marijuana testing laboratory who fails or refuses to present a
 1512  transportation manifest upon the request of a law enforcement
 1513  officer commits a misdemeanor of the second degree, punishable
 1514  as provided in s. 775.082 or s. 775.083.
 1515         (i) Persons and entities conducting activities authorized
 1516  and governed by this section and s. 381.988 are subject to ss.
 1517  456.053, 456.054, and 817.505, as applicable.
 1518         (j) A person or entity that cultivates, processes,
 1519  distributes, sells, or dispenses marijuana, as defined in s.
 1520  29(b)(4), Art. X of the State Constitution, and is not licensed
 1521  as a medical marijuana treatment center or as a medical
 1522  marijuana retail facility violates s. 893.13 and is subject to
 1523  the penalties provided therein.
 1524         (k) A person who manufactures, distributes, sells, gives,
 1525  or possesses with the intent to manufacture, distribute, sell,
 1526  or give marijuana or a marijuana delivery device that he or she
 1527  holds out to have originated from a licensed medical marijuana
 1528  treatment center but that is counterfeit commits a felony of the
 1529  third degree, punishable as provided in s. 775.082, s. 775.083,
 1530  or s. 775.084. For the purposes of this paragraph, the term
 1531  “counterfeit” means marijuana; a marijuana delivery device; or a
 1532  marijuana or marijuana delivery device container, seal, or label
 1533  which, without authorization, bears the trademark, trade name,
 1534  or other identifying mark, imprint, or device, or any likeness
 1535  thereof, of a licensed medical marijuana treatment center and
 1536  which thereby falsely purports or is represented to be the
 1537  product of, or to have been distributed by, that licensed
 1538  medical marijuana treatment center facility.
 1539         (l)A person who distributes, sells, gives, or possesses
 1540  with the intent to manufacture, distribute, sell, or give
 1541  marijuana or a marijuana delivery device that he or she holds
 1542  out to have been dispensed from a licensed medical marijuana
 1543  retail facility but that is counterfeit commits a felony of the
 1544  third degree, punishable as provided in s. 775.082, s. 775.083,
 1545  or s. 775.084. For the purposes of this paragraph, the term
 1546  “counterfeit” means marijuana; a marijuana delivery device; or a
 1547  marijuana or marijuana delivery device container, seal, or label
 1548  that, without authorization, bears the trademark, trade name, or
 1549  other identifying mark, imprint, or device, or any likeness
 1550  thereof, of a licensed medical marijuana retail facility and
 1551  that thereby falsely purports or is represented to be the
 1552  product of, or to have been distributed by, that licensed
 1553  medical marijuana retail facility.
 1554         (m)(l) Any person who possesses or manufactures a blank,
 1555  forged, stolen, fictitious, fraudulent, counterfeit, or
 1556  otherwise unlawfully issued medical marijuana use registry
 1557  identification card commits a felony of the third degree,
 1558  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1559         (15)(14) EXCEPTIONS TO OTHER LAWS.—
 1560         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1561  any other provision of law, but subject to the requirements of
 1562  this section, a qualified patient and the qualified patient’s
 1563  caregiver may purchase from a medical marijuana treatment center
 1564  or a medical marijuana retail facility for the patient’s medical
 1565  use a marijuana delivery device and up to the amount of
 1566  marijuana authorized in the physician certification, but may not
 1567  possess more than a 70-day supply of marijuana, or the greater
 1568  of 4 ounces of marijuana in a form for smoking or an amount of
 1569  marijuana in a form for smoking approved by the department
 1570  pursuant to paragraph (4)(f), at any given time and all
 1571  marijuana purchased must remain in its original packaging.
 1572         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
 1573  s. 893.147, or any other provision of law, a qualified patient
 1574  and the qualified patient’s caregiver may purchase and possess a
 1575  marijuana delivery device intended for the medical use of
 1576  marijuana by smoking from a vendor other than a medical
 1577  marijuana treatment center.
 1578         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1579  any other provision of law, but subject to the requirements of
 1580  this section, a licensed an approved medical marijuana treatment
 1581  center and its owners, managers, and employees may manufacture,
 1582  possess, sell, deliver, distribute, dispense, and lawfully
 1583  dispose of marijuana or a marijuana delivery device as provided
 1584  in this section, in s. 381.988, and by department rule. For the
 1585  purposes of this subsection, the terms “manufacture,”
 1586  “possession,” “deliver,” “distribute,” and “dispense” have the
 1587  same meanings as provided in s. 893.02.
 1588         (d)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1589  any other provision of law, but subject to the requirements of
 1590  this section, a medical marijuana retail facility and its
 1591  owners, managers, and employees may possess, sell, distribute,
 1592  dispense, and lawfully dispose of marijuana or a marijuana
 1593  delivery device as provided in this section, in s. 381.988, and
 1594  by department rule. For the purposes of this subsection, the
 1595  terms “possession,” “distribute,” and “dispense” have the same
 1596  meanings as provided in s. 893.02.
 1597         (e)(d) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1598  or any other provision of law, but subject to the requirements
 1599  of this section, a certified marijuana testing laboratory,
 1600  including an employee of a certified marijuana testing
 1601  laboratory acting within the scope of his or her employment, may
 1602  acquire, possess, test, transport, and lawfully dispose of
 1603  marijuana as provided in this section, in s. 381.988, and by
 1604  department rule.
 1605         (f)(e) A licensed medical marijuana treatment center and
 1606  its owners, managers, and employees are not subject to licensure
 1607  or regulation under chapter 465 or chapter 499 for
 1608  manufacturing, possessing, selling, delivering, distributing,
 1609  dispensing, or lawfully disposing of marijuana or a marijuana
 1610  delivery device, as provided in this section, in s. 381.988, and
 1611  by department rule.
 1612         (g)A licensed medical marijuana retail facility and its
 1613  owners, managers, and employees are not subject to licensure or
 1614  regulation under chapter 465 or chapter 499 for possessing,
 1615  selling, distributing, dispensing, or lawfully disposing of
 1616  marijuana or a marijuana delivery device, as provided in this
 1617  section, in s. 381.988, and by department rule.
 1618         (h)(f) This subsection does not exempt a person from
 1619  prosecution for a criminal offense related to impairment or
 1620  intoxication resulting from the medical use of marijuana or
 1621  relieve a person from any requirement under law to submit to a
 1622  breath, blood, urine, or other test to detect the presence of a
 1623  controlled substance.
 1624         (i)(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1625  or any other provision of law, but subject to the requirements
 1626  of this section and pursuant to policies and procedures
 1627  established pursuant to s. 1006.062(8), school personnel may
 1628  possess marijuana that is obtained for medical use pursuant to
 1629  this section by a student who is a qualified patient.
 1630         (j)(h) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1631  or any other provision of law, but subject to the requirements
 1632  of this section, a research institute established by a public
 1633  postsecondary educational institution, such as the H. Lee
 1634  Moffitt Cancer Center and Research Institute, Inc., established
 1635  under s. 1004.43, or a state university that has achieved the
 1636  preeminent state research university designation under s.
 1637  1001.7065 may possess, test, transport, and lawfully dispose of
 1638  marijuana for research purposes as provided by this section.
 1639         Section 2. Section 381.987, Florida Statutes, is amended to
 1640  read:
 1641         381.987 Public records exemption for personal identifying
 1642  information relating to medical marijuana held by the
 1643  department.—
 1644         (1) The following information is confidential and exempt
 1645  from s. 119.07(1) and s. 24(a), Art. I of the State
 1646  Constitution:
 1647         (a) A patient’s or caregiver’s personal identifying
 1648  information held by the department in the medical marijuana use
 1649  registry established under s. 381.986, including, but not
 1650  limited to, the patient’s or caregiver’s name, address, date of
 1651  birth, photograph, and telephone number.
 1652         (b) All personal identifying information collected for the
 1653  purpose of issuing a patient’s or caregiver’s medical marijuana
 1654  use registry identification card described in s. 381.986.
 1655         (c) All personal identifying information pertaining to the
 1656  physician certification for marijuana and the dispensing thereof
 1657  held by the department, including, but not limited to,
 1658  information related to the patient’s diagnosis, exception
 1659  requests to the daily dose amount limit, and the qualified
 1660  patient’s experience related to the medical use of marijuana.
 1661         (d) A qualified physician’s Drug Enforcement Administration
 1662  number, residential address, and government-issued
 1663  identification card.
 1664         (2) The department shall allow access to the confidential
 1665  and exempt information in the medical marijuana use registry to:
 1666         (a) A law enforcement agency that is investigating a
 1667  violation of law regarding marijuana in which the subject of the
 1668  investigation claims an exception established under s. 381.986,
 1669  except for information related to the patient’s diagnosis.
 1670         (b) A medical marijuana treatment center or a medical
 1671  marijuana retail facility that is licensed approved by the
 1672  department pursuant to s. 381.986 which is attempting to verify
 1673  the authenticity of a physician certification for marijuana,
 1674  including whether the certification had been previously filled
 1675  and whether the certification was issued for the person
 1676  attempting to have it filled, except for information related to
 1677  the patient’s diagnosis.
 1678         (c) A physician who has issued a certification for
 1679  marijuana for the purpose of monitoring the patient’s use of
 1680  such marijuana or for the purpose of determining, before issuing
 1681  a certification for marijuana, whether another physician has
 1682  issued a certification for the patient’s use of marijuana. The
 1683  physician may access the confidential and exempt information
 1684  only for the patient for whom he or she has issued a
 1685  certification or is determining whether to issue a certification
 1686  for the use of marijuana pursuant to s. 381.986.
 1687         (d) A practitioner licensed to prescribe prescription
 1688  medications to ensure proper care of a patient before
 1689  prescribing medication to that patient which may interact with
 1690  marijuana.
 1691         (e) An employee of the department for the purposes of
 1692  maintaining the registry and periodic reporting or disclosure of
 1693  information that has been redacted to exclude personal
 1694  identifying information.
 1695         (f) An employee of the department for the purposes of
 1696  reviewing physician registration and the issuance of physician
 1697  certifications to monitor practices that could facilitate
 1698  unlawful diversion or the misuse of marijuana or a marijuana
 1699  delivery device.
 1700         (g) The department’s relevant health care regulatory boards
 1701  responsible for the licensure, regulation, or discipline of a
 1702  physician if he or she is involved in a specific investigation
 1703  of a violation of s. 381.986. If a health care regulatory
 1704  board’s investigation reveals potential criminal activity, the
 1705  board may provide any relevant information to the appropriate
 1706  law enforcement agency.
 1707         (h) The Consortium for Medical Marijuana Clinical Outcomes
 1708  Research established in s. 1004.4351(4).
 1709         (i) A person engaged in bona fide research if the person
 1710  agrees:
 1711         1. To submit a research plan to the department which
 1712  specifies the exact nature of the information requested and the
 1713  intended use of the information;
 1714         2. To maintain the confidentiality of the records or
 1715  information if personal identifying information is made
 1716  available to the researcher;
 1717         3. To destroy any confidential and exempt records or
 1718  information obtained after the research is concluded; and
 1719         4. Not to contact, directly or indirectly, for any purpose,
 1720  a patient or physician whose information is in the registry.
 1721         (3) The department shall allow access to the confidential
 1722  and exempt information pertaining to the physician certification
 1723  for marijuana and the dispensing thereof, whether in the
 1724  registry or otherwise held by the department, to:
 1725         (a) An employee of the department for the purpose of
 1726  approving or disapproving a request for an exception to the
 1727  daily dose amount limit for a qualified patient; and
 1728         (b) The Consortium for Medical Marijuana Clinical Outcomes
 1729  Research pursuant to s. 381.986 for the purpose of conducting
 1730  research regarding the medical use of marijuana.
 1731         (4) All information released by the department under
 1732  subsections (2) and (3) remains confidential and exempt, and a
 1733  person who receives access to such information must maintain the
 1734  confidential and exempt status of the information received.
 1735         (5) A person who willfully and knowingly violates this
 1736  section commits a felony of the third degree, punishable as
 1737  provided in s. 775.082 or s. 775.083.
 1738         (6) This section is subject to the Open Government Sunset
 1739  Review Act in accordance with s. 119.15 and shall stand repealed
 1740  on October 2, 2022, unless reviewed and saved from repeal
 1741  through reenactment by the Legislature.
 1742         Section 3. This act shall take effect upon becoming a law.