Florida Senate - 2021                                     SB 710
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00271-21                                            2021710__
    1                        A bill to be entitled                      
    2         An act relating to the availability of marijuana for
    3         adult use; amending s. 212.08, F.S.; revising the
    4         sales tax exemption for the sale of marijuana and
    5         marijuana delivery devices to apply only to purchases
    6         by qualified patients or caregivers; amending s.
    7         381.986, F.S.; revising definitions; revising
    8         provisions related to the licensure and functions of
    9         medical marijuana treatment centers (MMTCs); requiring
   10         the Department of Health to adopt by rule certain
   11         standards and procedures; requiring the department to
   12         adopt by rule a certain MMTC registration form;
   13         specifying registration requirements; providing that a
   14         registration expires after a specified time;
   15         specifying that registration is not sufficient for
   16         certain operations; requiring an MMTC to obtain
   17         separate operating licenses for certain operations;
   18         specifying application requirements for MMTCs to
   19         obtain cultivation licenses and processing licenses;
   20         providing for the expiration of and renewal of such
   21         licenses; requiring an MMTC to obtain a facility
   22         permit before cultivating or processing marijuana in
   23         the facility; authorizing MMTCs licensed to cultivate
   24         or process marijuana to use contractors to assist with
   25         the cultivation and processing of marijuana under
   26         certain conditions; requiring the contractors to
   27         obtain facility permits and register principals and
   28         employees; providing for the destruction of certain
   29         marijuana byproducts within a specified timeframe
   30         after their production; authorizing MMTCs licensed to
   31         cultivate and process marijuana to wholesale marijuana
   32         to other registered MMTCs under certain circumstances;
   33         prohibiting an MMTC from transporting or delivering
   34         marijuana outside of its property without a
   35         transportation license; providing requirements for the
   36         cultivation and the processing of marijuana; deleting
   37         a requirement that each MMTC produce and make
   38         available for purchase at least one low-THC cannabis
   39         product; deleting certain tetrahydrocannabinol limits
   40         for edibles; requiring an MMTC that holds a license
   41         for processing to test marijuana before it is sold in
   42         addition to when it is dispensed; deleting obsolete
   43         language; revising marijuana packaging requirements;
   44         providing application requirements for an MMTC to
   45         obtain a retail license; providing for the expiration
   46         and renewal of such licenses; requiring an MMTC to
   47         obtain a facility permit before selling, dispensing,
   48         or storing marijuana in the facility; requiring the
   49         facility to cease certain operations under certain
   50         circumstances; prohibiting a dispensing facility from
   51         repackaging or modifying marijuana that has already
   52         been packaged for sale, with certain exceptions;
   53         authorizing a retail licensee to contract with an MMTC
   54         that has a transportation license to transport
   55         marijuana for the retail licensee under certain
   56         circumstances; prohibiting onsite consumption or
   57         administration of marijuana at a dispensing facility;
   58         revising requirements for the dispensing of marijuana;
   59         requiring a licensed retail MMTC to include specified
   60         information on a label for marijuana or a marijuana
   61         delivery device dispensed to a qualified patient or
   62         caregiver; authorizing an MMTC to sell marijuana to an
   63         adult 21 years of age or older under certain
   64         circumstances; requiring MMTC employees to verify the
   65         age of such buyers using specified methods;
   66         prohibiting an MMTC from requesting or storing any
   67         personal information of a buyer other than that needed
   68         to verify the buyer’s age; deleting a provision
   69         prohibiting an MMTC from dispensing or selling
   70         specified products; providing application requirements
   71         for an MMTC to obtain a transportation license;
   72         providing marijuana transportation requirements;
   73         prohibiting the transportation of marijuana on certain
   74         properties; prohibiting the transportation of
   75         marijuana in a vehicle that is not owned or leased by
   76         a licensee or the licensee’s contractor and not
   77         appropriately permitted by the department; providing a
   78         process for the issuance and cancellation of vehicle
   79         permits; requiring that each permitted vehicle be GPS
   80         monitored; specifying that a permitted vehicle
   81         transporting marijuana is subject to inspection and
   82         search without a search warrant by specified persons;
   83         authorizing an MMTC licensed to transport marijuana
   84         and marijuana delivery devices to deliver or contract
   85         for the delivery of marijuana to other MMTCs, to
   86         qualified patients and caregivers within this state,
   87         and to adults 21 years of age or older within this
   88         state; establishing that a county or municipality may
   89         not prohibit deliveries of marijuana and marijuana
   90         delivery devices to qualified patients and caregivers
   91         within the county or municipality; requiring an MMTC
   92         delivering marijuana or a marijuana delivery device to
   93         a qualified patient or his or her caregiver to verify
   94         the identity of the qualified patient; requiring an
   95         MMTC delivering marijuana to an adult 21 years of age
   96         or older to verify his or her age; requiring the
   97         department to adopt certain rules for the delivery of
   98         marijuana; authorizing MMTCs to use contractors to
   99         assist with the transportation of marijuana, but
  100         providing that an MMTC is responsible for the actions
  101         and operations of the contractor which are related to
  102         the transportation of marijuana; requiring an MMTC to
  103         know the location of all of its marijuana products at
  104         all times; requiring principals and employees of a
  105         contractor to register with the department and receive
  106         an MMTC employee identification card before
  107         participating in the operations of the MMTC; providing
  108         for the permitting of cultivation, processing,
  109         dispensing, and storage facilities; requiring the
  110         department to adopt by rule a facility permit
  111         application form; requiring the department to inspect
  112         a facility before issuing a permit; requiring the
  113         department to issue or deny a facility permit within a
  114         specified timeframe; providing for the expiration of
  115         facility permits; requiring the department to inspect
  116         a facility for compliance before the renewal of a
  117         facility permit; requiring an MMTC to cease applicable
  118         operations if a facility’s permit expires or is
  119         suspended or revoked; requiring cultivation facilities
  120         and processing facilities to be insured with specified
  121         hazard and liability insurance; providing cultivation
  122         facility and processing facility requirements;
  123         preempting to the state all matters regarding the
  124         permitting and regulation of cultivation facilities
  125         and processing facilities; requiring dispensing
  126         facilities and storage facilities to be insured with
  127         specified hazard and liability insurance; providing
  128         dispensing facility and storage facility requirements;
  129         clarifying that the governing body of a county or a
  130         municipality may prohibit a dispensing facility from
  131         being located in its jurisdiction or limit the number
  132         of such facilities but may not prohibit a licensed
  133         retail MMTC or its permitted storage facility from
  134         being located in such county’s or municipality’s
  135         jurisdiction if the MMTC is delivering marijuana to
  136         qualified patients in that jurisdiction; prohibiting
  137         the department from issuing a facility permit for a
  138         dispensing facility in a county or municipality that
  139         adopts a specified ordinance; authorizing a county or
  140         municipality to levy a local tax on a dispensing
  141         facility; providing that local ordinances may not
  142         result in or provide for certain outcomes; authorizing
  143         the department to adopt specified requirements by
  144         rule; requiring the department to adopt rules to
  145         administer the registration of certain MMTC
  146         principals, employees, and contractors; requiring an
  147         MMTC to apply to the department for the registration
  148         of certain persons before hiring or contracting with
  149         any such persons; requiring the department to adopt by
  150         rule a registration form that includes specified
  151         information; requiring the department to register
  152         persons who satisfy specified conditions and issue
  153         them MMTC employee identification cards; requiring a
  154         registered person and the MMTC to update the
  155         department within a specified timeframe if certain
  156         information or the person’s employment status changes;
  157         authorizing the department to contract with vendors to
  158         issue MMTC employee identification cards; requiring
  159         the department to inspect an MMTC and its facilities
  160         upon receipt of a complaint and to inspect each
  161         permitted facility at least biennially; authorizing
  162         the department to conduct additional inspections of a
  163         facility under certain circumstances; authorizing the
  164         department to impose administrative penalties on an
  165         MMTC for violating certain provisions; requiring the
  166         department to refuse to renew an MMTC’s cultivation,
  167         processing, retail, or transportation license under
  168         certain circumstances; revising provisions related to
  169         penalties and fees to conform to changes made by the
  170         act; providing applicability; conforming provisions to
  171         changes made by the act; creating s. 381.990, F.S.;
  172         authorizing an adult 21 years of age or older to
  173         purchase, possess, use, transport, or transfer to
  174         another adult 21 years of age or older marijuana
  175         products, marijuana in a form for smoking, and
  176         marijuana delivery devices under certain
  177         circumstances; providing that such marijuana products,
  178         marijuana in a form for smoking, or marijuana delivery
  179         devices must be purchased from an MMTC licensed by the
  180         department for the retail sale of marijuana and
  181         registered with the Department of Business and
  182         Professional Regulation for sale of marijuana for
  183         adult use; providing penalties; clarifying that a
  184         private property owner may restrict the smoking or
  185         vaping of marijuana on his or her property but may not
  186         prevent his or her tenants from possessing or using
  187         marijuana by other means; providing that certain
  188         provisions do not exempt a person from prosecution for
  189         a criminal offense related to impairment or
  190         intoxication resulting from the use of marijuana and
  191         do not relieve a person from any legal requirement to
  192         submit to certain tests to detect the presence of a
  193         controlled substance; requiring the Department of
  194         Agriculture and Consumer Services to conduct a study
  195         on the harms and benefits of allowing the cultivation
  196         of marijuana by members of the public for private use,
  197         including use of a specified model; requiring the
  198         department to report the results of the study to the
  199         Governor and the Legislature by a specified date;
  200         amending s. 893.13, F.S.; authorizing a person 21
  201         years of age or older to possess marijuana products in
  202         a specified amount and to deliver marijuana products
  203         to another person 21 years of age or older under
  204         certain circumstances; providing criminal penalties
  205         for the delivery or possession of marijuana products
  206         by a person younger than 21 years of age under certain
  207         circumstances; creating s. 893.1352, F.S.; providing
  208         legislative intent; providing for the retroactive
  209         applicability of s. 893.13, F.S.; requiring certain
  210         sentences for specified offenses; requiring sentence
  211         review hearings for individuals serving certain
  212         sentences for specified crimes; providing resentencing
  213         procedures; requiring the waiver of certain
  214         conviction-related fines, fees, and costs under
  215         certain circumstances; amending s. 893.147, F.S.;
  216         authorizing a person 21 years of age or older to
  217         possess, use, transport, or deliver, without
  218         consideration, a marijuana delivery device to a person
  219         21 years of age or older; providing criminal penalties
  220         for a person younger than 21 years of age who
  221         possesses, uses, transports, or delivers, without
  222         consideration, a marijuana delivery device to a person
  223         21 years of age or older; creating s. 943.0586, F.S.;
  224         defining terms; authorizing an individual convicted of
  225         certain crimes to petition the court for expunction of
  226         his or her criminal history record under certain
  227         circumstances; requiring the individual to first
  228         obtain a certificate of eligibility from the
  229         Department of Law Enforcement; requiring the
  230         department to adopt rules establishing the procedures
  231         for applying for and issuing such certificates;
  232         requiring the department to issue a certificate under
  233         certain circumstances; providing for the expiration of
  234         and reapplication for the certificate; providing
  235         requirements for the petition for expunction;
  236         providing criminal penalties; providing for the
  237         court’s authority over its own procedures, with an
  238         exception; requiring the court to order the expunction
  239         of a criminal history record under certain
  240         circumstances; clarifying that expunction of certain
  241         criminal history records does not affect eligibility
  242         for expunction of other criminal history records;
  243         providing procedures for processing expunction
  244         petitions and orders; providing that a person granted
  245         an expunction may lawfully deny or fail to acknowledge
  246         the underlying arrest or conviction, with exceptions;
  247         providing that a person may not be deemed to have
  248         committed perjury or otherwise held liable for giving
  249         a false statement if he or she fails to recite or
  250         acknowledge an expunged criminal history record;
  251         amending s. 893.15, F.S.; conforming a provision to
  252         changes made by the act; providing effective dates.
  253          
  254  Be It Enacted by the Legislature of the State of Florida:
  255  
  256         Section 1. Paragraph (l) of subsection (2) of section
  257  212.08, Florida Statutes, is amended to read:
  258         212.08 Sales, rental, use, consumption, distribution, and
  259  storage tax; specified exemptions.—The sale at retail, the
  260  rental, the use, the consumption, the distribution, and the
  261  storage to be used or consumed in this state of the following
  262  are hereby specifically exempt from the tax imposed by this
  263  chapter.
  264         (2) EXEMPTIONS; MEDICAL.—
  265         (l) Marijuana and marijuana delivery devices, as defined in
  266  s. 381.986, are exempt from the taxes imposed under this chapter
  267  when they are purchased by a qualified patient or a caregiver,
  268  as those terms are defined in s. 381.986.
  269         Section 2. Paragraphs (d) through (h), (j), and (k) of
  270  subsection (1), paragraph (b) of subsection (3), paragraph (f)
  271  of subsection (4), paragraphs (a) and (f) of subsection (5),
  272  paragraph (b) of subsection (6), subsections (8) through (12),
  273  paragraphs (a), (b), (c), and (e) of subsection (14), and
  274  subsection (17) of section 381.986, Florida Statutes, are
  275  amended to read:
  276         381.986 Medical use of marijuana.—
  277         (1) DEFINITIONS.—As used in this section, the term:
  278         (d) “Edibles” means commercially produced food items made
  279  with marijuana oil, but no other form of marijuana, which that
  280  are produced and dispensed by a medical marijuana treatment
  281  center (MMTC).
  282         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
  283  the dried flowers of which contain 0.8 percent or less of
  284  tetrahydrocannabinol and more than 10 percent of cannabidiol
  285  weight for weight; the seeds thereof; the resin extracted from
  286  any part of such plant; or any compound, manufacture, salt,
  287  derivative, mixture, or preparation of such plant or its seeds
  288  or resin which that is dispensed from an MMTC a medical
  289  marijuana treatment center.
  290         (f) “Marijuana” means all parts of any plant of the genus
  291  Cannabis, whether growing or not; the seeds thereof; the resin
  292  extracted from any part of the plant; and every compound,
  293  manufacture, salt, derivative, mixture, or preparation of the
  294  plant or its seeds or resin, including low-THC cannabis, which
  295  is are dispensed from an MMTC a medical marijuana treatment
  296  center for medical use by a qualified patient.
  297         (g) “Marijuana delivery device” means an object used,
  298  intended for use, or designed for use in preparing, storing,
  299  ingesting, inhaling, or otherwise introducing marijuana into the
  300  human body, and which object is dispensed from an MMTC a medical
  301  marijuana treatment center for medical use by a qualified
  302  patient; however, such objects except that delivery devices that
  303  are intended solely for the medical use of marijuana by smoking
  304  need not be dispensed from an MMTC and a medical marijuana
  305  treatment center in order to qualify as marijuana delivery
  306  devices.
  307         (h) “Marijuana testing laboratory” means a facility
  308  certified by the department pursuant to s. 381.988 which that
  309  collects and analyzes marijuana samples from an MMTC a medical
  310  marijuana treatment center and has been certified by the
  311  department pursuant to s. 381.988.
  312         (j) “Medical use” means the acquisition, possession, use,
  313  delivery, transfer, or administration of marijuana authorized by
  314  a physician certification. The term does not include:
  315         1. Possession, use, or administration of marijuana that was
  316  not purchased or acquired from an MMTC a medical marijuana
  317  treatment center.
  318         2. Possession, use, or administration of marijuana in the
  319  form of commercially produced food items other than edibles or
  320  of marijuana seeds.
  321         3. Use or administration of any form or amount of marijuana
  322  in a manner that is inconsistent with the qualified physician’s
  323  directions or physician certification.
  324         4. Transfer of marijuana to a person other than the
  325  qualified patient for whom it was authorized or the qualified
  326  patient’s caregiver on behalf of the qualified patient.
  327         5. Use or administration of marijuana in the following
  328  locations:
  329         a. On any form of public transportation, except for low-THC
  330  cannabis not in a form for smoking.
  331         b. In any public place, except for low-THC cannabis not in
  332  a form for smoking.
  333         c. In a qualified patient’s place of employment, except
  334  when permitted by his or her employer.
  335         d. In a state correctional institution, as defined in s.
  336  944.02, or a correctional institution, as defined in s. 944.241.
  337         e. On the grounds of a preschool, primary school, or
  338  secondary school, except as provided in s. 1006.062.
  339         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  340  except for low-THC cannabis not in a form for smoking.
  341         6. The smoking of marijuana in an enclosed indoor workplace
  342  as defined in s. 386.203(5).
  343         (k) “Physician certification” means a qualified physician’s
  344  authorization for a qualified patient to receive marijuana and a
  345  marijuana delivery device from an MMTC a medical marijuana
  346  treatment center.
  347         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  348         (b) A qualified physician may not be employed by, or have
  349  any direct or indirect economic interest in, a medical marijuana
  350  treatment center (MMTC) or marijuana testing laboratory.
  351         (4) PHYSICIAN CERTIFICATION.—
  352         (f) A qualified physician may not issue a physician
  353  certification for more than three 70-day supply limits of
  354  marijuana or more than six 35-day supply limits of marijuana in
  355  a form for smoking. The department shall quantify by rule a
  356  daily dose amount with equivalent dose amounts for each
  357  allowable form of marijuana dispensed by a medical marijuana
  358  treatment center (MMTC). The department shall use the daily dose
  359  amount to calculate a 70-day supply.
  360         1. A qualified physician may request an exception to the
  361  daily dose amount limit, the 35-day supply limit of marijuana in
  362  a form for smoking, and the 4-ounce possession limit of
  363  marijuana in a form for smoking established in paragraph
  364  (14)(a). The request shall be made electronically on a form
  365  adopted by the department in rule and must include, at a
  366  minimum:
  367         a. The qualified patient’s qualifying medical condition.
  368         b. The dosage and route of administration that was
  369  insufficient to provide relief to the qualified patient.
  370         c. A description of how the patient will benefit from an
  371  increased amount.
  372         d. The minimum daily dose amount of marijuana that would be
  373  sufficient for the treatment of the qualified patient’s
  374  qualifying medical condition.
  375         2. A qualified physician must provide the qualified
  376  patient’s records upon the request of the department.
  377         3. The department shall approve or disapprove the request
  378  within 14 days after receipt of the complete documentation
  379  required by this paragraph. The request shall be deemed approved
  380  if the department fails to act within this time period.
  381         (5) MEDICAL MARIJUANA USE REGISTRY.—
  382         (a) The department shall create and maintain a secure,
  383  electronic, and online medical marijuana use registry for
  384  physicians, patients, and caregivers as provided under this
  385  section. The medical marijuana use registry must be accessible
  386  to law enforcement agencies, qualified physicians, and medical
  387  marijuana treatment centers (MMTCs) to verify the authorization
  388  of a qualified patient or a caregiver to possess marijuana or a
  389  marijuana delivery device and record the marijuana or marijuana
  390  delivery device dispensed. The medical marijuana use registry
  391  must also be accessible to practitioners licensed to prescribe
  392  prescription drugs to ensure proper care for patients before
  393  medications that may interact with the medical use of marijuana
  394  are prescribed. The medical marijuana use registry must prevent
  395  an active registration of a qualified patient by multiple
  396  physicians.
  397         (f) The department may revoke the registration of a
  398  qualified patient or caregiver who cultivates marijuana or who
  399  acquires, possesses, or delivers marijuana from any person or
  400  entity other than an MMTC a medical marijuana treatment center.
  401         (6) CAREGIVERS.—
  402         (b) A caregiver must:
  403         1. Not be a qualified physician and not be employed by or
  404  have an economic interest in a medical marijuana treatment
  405  center (MMTC) or a marijuana testing laboratory.
  406         2. Be 21 years of age or older and a resident of this
  407  state.
  408         3. Agree in writing to assist with the qualified patient’s
  409  medical use of marijuana.
  410         4. Be registered in the medical marijuana use registry as a
  411  caregiver for no more than one qualified patient, except as
  412  provided in this paragraph.
  413         5. Successfully complete a caregiver certification course
  414  developed and administered by the department or its designee,
  415  which must be renewed biennially. The price of the course may
  416  not exceed $100.
  417         6. Pass a level 2 background screening pursuant to chapter
  418  435 subsection (9), unless the patient is a close relative of
  419  the caregiver. In addition to the disqualifying offenses
  420  specified in s. 435.04(2) and (3), a person may not serve as a
  421  caregiver if he or she has an arrest awaiting final disposition
  422  for; has been found guilty of, regardless of adjudication; or
  423  has entered a plea of nolo contendere or guilty to an offense
  424  under chapter 837, chapter 895, or chapter 896 or a similar law
  425  of another jurisdiction.
  426         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  427         (a)The department shall license medical marijuana
  428  treatment centers to ensure reasonable statewide accessibility
  429  and availability as necessary for qualified patients registered
  430  in the medical marijuana use registry and who are issued a
  431  physician certification under this section.
  432         1. As soon as practicable, but no later than July 3, 2017,
  433  the department shall license as a medical marijuana treatment
  434  center any entity that holds an active, unrestricted license to
  435  cultivate, process, transport, and dispense low-THC cannabis,
  436  medical cannabis, and cannabis delivery devices, under former s.
  437  381.986, Florida Statutes 2016, before July 1, 2017, and which
  438  meets the requirements of this section. In addition to the
  439  authority granted under this section, these entities are
  440  authorized to dispense low-THC cannabis, medical cannabis, and
  441  cannabis delivery devices ordered pursuant to former s. 381.986,
  442  Florida Statutes 2016, which were entered into the compassionate
  443  use registry before July 1, 2017, and are authorized to begin
  444  dispensing marijuana under this section on July 3, 2017. The
  445  department may grant variances from the representations made in
  446  such an entity’s original application for approval under former
  447  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  448         2. The department shall license as medical marijuana
  449  treatment centers 10 applicants that meet the requirements of
  450  this section, under the following parameters:
  451         a. As soon as practicable, but no later than August 1,
  452  2017, the department shall license any applicant whose
  453  application was reviewed, evaluated, and scored by the
  454  department and which was denied a dispensing organization
  455  license by the department under former s. 381.986, Florida
  456  Statutes 2014; which had one or more administrative or judicial
  457  challenges pending as of January 1, 2017, or had a final ranking
  458  within one point of the highest final ranking in its region
  459  under former s. 381.986, Florida Statutes 2014; which meets the
  460  requirements of this section; and which provides documentation
  461  to the department that it has the existing infrastructure and
  462  technical and technological ability to begin cultivating
  463  marijuana within 30 days after registration as a medical
  464  marijuana treatment center.
  465         b. As soon as practicable, the department shall license one
  466  applicant that is a recognized class member of Pigford v.
  467  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  468  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  469  under this sub-subparagraph is exempt from the requirement of
  470  subparagraph (b)2.
  471         c. As soon as practicable, but no later than October 3,
  472  2017, the department shall license applicants that meet the
  473  requirements of this section in sufficient numbers to result in
  474  10 total licenses issued under this subparagraph, while
  475  accounting for the number of licenses issued under sub
  476  subparagraphs a. and b.
  477         3. For up to two of the licenses issued under subparagraph
  478  2., the department shall give preference to applicants that
  479  demonstrate in their applications that they own one or more
  480  facilities that are, or were, used for the canning,
  481  concentrating, or otherwise processing of citrus fruit or citrus
  482  molasses and will use or convert the facility or facilities for
  483  the processing of marijuana.
  484         4. Within 6 months after the registration of 100,000 active
  485  qualified patients in the medical marijuana use registry, the
  486  department shall license four additional medical marijuana
  487  treatment centers that meet the requirements of this section.
  488  Thereafter, the department shall license four medical marijuana
  489  treatment centers within 6 months after the registration of each
  490  additional 100,000 active qualified patients in the medical
  491  marijuana use registry that meet the requirements of this
  492  section.
  493         5. Dispensing facilities are subject to the following
  494  requirements:
  495         a. A medical marijuana treatment center may not establish
  496  or operate more than a statewide maximum of 25 dispensing
  497  facilities, unless the medical marijuana use registry reaches a
  498  total of 100,000 active registered qualified patients. When the
  499  medical marijuana use registry reaches 100,000 active registered
  500  qualified patients, and then upon each further instance of the
  501  total active registered qualified patients increasing by
  502  100,000, the statewide maximum number of dispensing facilities
  503  that each licensed medical marijuana treatment center may
  504  establish and operate increases by five.
  505         b. A medical marijuana treatment center may not establish
  506  more than the maximum number of dispensing facilities allowed in
  507  each of the Northwest, Northeast, Central, Southwest, and
  508  Southeast Regions. The department shall determine a medical
  509  marijuana treatment center’s maximum number of dispensing
  510  facilities allowed in each region by calculating the percentage
  511  of the total statewide population contained within that region
  512  and multiplying that percentage by the medical marijuana
  513  treatment center’s statewide maximum number of dispensing
  514  facilities established under sub-subparagraph a., rounded to the
  515  nearest whole number. The department shall ensure that such
  516  rounding does not cause a medical marijuana treatment center’s
  517  total number of statewide dispensing facilities to exceed its
  518  statewide maximum. The department shall initially calculate the
  519  maximum number of dispensing facilities allowed in each region
  520  for each medical marijuana treatment center using county
  521  population estimates from the Florida Estimates of Population
  522  2016, as published by the Office of Economic and Demographic
  523  Research, and shall perform recalculations following the
  524  official release of county population data resulting from each
  525  United States Decennial Census. For the purposes of this
  526  subparagraph:
  527         (I) The Northwest Region consists of Bay, Calhoun,
  528  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  529  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  530  Walton, and Washington Counties.
  531         (II) The Northeast Region consists of Alachua, Baker,
  532  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  533  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  534  Suwannee, and Union Counties.
  535         (III) The Central Region consists of Brevard, Citrus,
  536  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  537  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  538  Counties.
  539         (IV) The Southwest Region consists of Charlotte, Collier,
  540  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  541  Okeechobee, and Sarasota Counties.
  542         (V) The Southeast Region consists of Broward, Miami-Dade,
  543  Martin, Monroe, and Palm Beach Counties.
  544         c. If a medical marijuana treatment center establishes a
  545  number of dispensing facilities within a region that is less
  546  than the number allowed for that region under sub-subparagraph
  547  b., the medical marijuana treatment center may sell one or more
  548  of its unused dispensing facility slots to other licensed
  549  medical marijuana treatment centers. For each dispensing
  550  facility slot that a medical marijuana treatment center sells,
  551  that medical marijuana treatment center’s statewide maximum
  552  number of dispensing facilities, as determined under sub
  553  subparagraph a., is reduced by one. The statewide maximum number
  554  of dispensing facilities for a medical marijuana treatment
  555  center that purchases an unused dispensing facility slot is
  556  increased by one per slot purchased. Additionally, the sale of a
  557  dispensing facility slot shall reduce the seller’s regional
  558  maximum and increase the purchaser’s regional maximum number of
  559  dispensing facilities, as determined in sub-subparagraph b., by
  560  one for that region. For any slot purchased under this sub
  561  subparagraph, the regional restriction applied to that slot’s
  562  location under sub-subparagraph b. before the purchase shall
  563  remain in effect following the purchase. A medical marijuana
  564  treatment center that sells or purchases a dispensing facility
  565  slot must notify the department within 3 days of sale.
  566         d. This subparagraph shall expire on April 1, 2020.
  567  
  568  If this subparagraph or its application to any person or
  569  circumstance is held invalid, the invalidity does not affect
  570  other provisions or applications of this act which can be given
  571  effect without the invalid provision or application, and to this
  572  end, the provisions of this subparagraph are severable.
  573         (b) An applicant for licensure as a medical marijuana
  574  treatment center shall apply to the department on a form
  575  prescribed by the department and adopted in rule. The department
  576  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  577  establishing a procedure for the issuance and biennial renewal
  578  of licenses, including initial application and biennial renewal
  579  fees sufficient to cover the costs of implementing and
  580  administering this section, and establishing supplemental
  581  licensure fees for payment beginning May 1, 2018, sufficient to
  582  cover the costs of administering ss. 381.989 and 1004.4351. The
  583  department shall identify applicants with strong diversity plans
  584  reflecting this state’s commitment to diversity and implement
  585  training programs and other educational programs to enable
  586  minority persons and minority business enterprises, as defined
  587  in s. 288.703, and veteran business enterprises, as defined in
  588  s. 295.187, to compete for medical marijuana treatment center
  589  licensure and contracts. Subject to the requirements in
  590  subparagraphs (a)2.-4., the department shall issue a license to
  591  an applicant if the applicant meets the requirements of this
  592  section and pays the initial application fee. The department
  593  shall renew the licensure of a medical marijuana treatment
  594  center biennially if the licensee meets the requirements of this
  595  section and pays the biennial renewal fee. An individual may not
  596  be an applicant, owner, officer, board member, or manager on
  597  more than one application for licensure as a medical marijuana
  598  treatment center. An individual or entity may not be awarded
  599  more than one license as a medical marijuana treatment center.
  600  An applicant for licensure as a medical marijuana treatment
  601  center must demonstrate:
  602         1. That, for the 5 consecutive years before submitting the
  603  application, the applicant has been registered to do business in
  604  the state.
  605         2. Possession of a valid certificate of registration issued
  606  by the Department of Agriculture and Consumer Services pursuant
  607  to s. 581.131.
  608         3. The technical and technological ability to cultivate and
  609  produce marijuana, including, but not limited to, low-THC
  610  cannabis.
  611         4. The ability to secure the premises, resources, and
  612  personnel necessary to operate as a medical marijuana treatment
  613  center.
  614         5. The ability to maintain accountability of all raw
  615  materials, finished products, and any byproducts to prevent
  616  diversion or unlawful access to or possession of these
  617  substances.
  618         6. An infrastructure reasonably located to dispense
  619  marijuana to registered qualified patients statewide or
  620  regionally as determined by the department.
  621         7. The financial ability to maintain operations for the
  622  duration of the 2-year approval cycle, including the provision
  623  of certified financial statements to the department.
  624         a. Upon approval, the applicant must post a $5 million
  625  performance bond issued by an authorized surety insurance
  626  company rated in one of the three highest rating categories by a
  627  nationally recognized rating service. However, a medical
  628  marijuana treatment center serving at least 1,000 qualified
  629  patients is only required to maintain a $2 million performance
  630  bond.
  631         b. In lieu of the performance bond required under sub
  632  subparagraph a., the applicant may provide an irrevocable letter
  633  of credit payable to the department or provide cash to the
  634  department. If provided with cash under this sub-subparagraph,
  635  the department shall deposit the cash in the Grants and
  636  Donations Trust Fund within the Department of Health, subject to
  637  the same conditions as the bond regarding requirements for the
  638  applicant to forfeit ownership of the funds. If the funds
  639  deposited under this sub-subparagraph generate interest, the
  640  amount of that interest shall be used by the department for the
  641  administration of this section.
  642         8. That all owners, officers, board members, and managers
  643  have passed a background screening pursuant to subsection (9).
  644         9. The employment of a medical director to supervise the
  645  activities of the medical marijuana treatment center.
  646         10. A diversity plan that promotes and ensures the
  647  involvement of minority persons and minority business
  648  enterprises, as defined in s. 288.703, or veteran business
  649  enterprises, as defined in s. 295.187, in ownership, management,
  650  and employment. An applicant for licensure renewal must show the
  651  effectiveness of the diversity plan by including the following
  652  with his or her application for renewal:
  653         a. Representation of minority persons and veterans in the
  654  medical marijuana treatment center’s workforce;
  655         b. Efforts to recruit minority persons and veterans for
  656  employment; and
  657         c. A record of contracts for services with minority
  658  business enterprises and veteran business enterprises.
  659         (c) A medical marijuana treatment center may not make a
  660  wholesale purchase of marijuana from, or a distribution of
  661  marijuana to, another medical marijuana treatment center, unless
  662  the medical marijuana treatment center seeking to make a
  663  wholesale purchase of marijuana submits proof of harvest failure
  664  to the department.
  665         (a)(d)Department responsibilities.The department shall do
  666  all of the following:
  667         1. Adopt by rule all of the following:
  668         a. Operating standards for the cultivation, processing,
  669  packaging, and labeling of marijuana.
  670         b. Standards for the sale of marijuana.
  671         c. Procedures and requirements for all of the following:
  672         (I) The registration and registration renewal of medical
  673  marijuana treatment centers (MMTCs).
  674         (II) The issuance and renewal of cultivation, processing,
  675  retail, and transportation operating licenses.
  676         (III) The issuance and renewal of cultivation, processing,
  677  dispensing, and storage facility permits and of vehicle permits.
  678         (IV) The registration of all principals, employees, and
  679  contractors of an MMTC who will participate in the operations of
  680  the MMTC.
  681         (V) The issuance of MMTC employee identification cards to
  682  registered principals, employees, and contractors of MMTCs.
  683         2. Establish, maintain, and control a computer software
  684  tracking system that traces marijuana from seed to sale and
  685  allows real-time, 24-hour access by the department to data from
  686  all MMTCs medical marijuana treatment centers and marijuana
  687  testing laboratories. The tracking system must allow for
  688  integration of other seed-to-sale systems and, at a minimum,
  689  include notification of when marijuana seeds are planted, when
  690  marijuana plants are harvested and destroyed, and when marijuana
  691  is transported, sold, stolen, diverted, or lost. Each MMTC must
  692  medical marijuana treatment center shall use the seed-to-sale
  693  tracking system established by the department or integrate its
  694  own seed-to-sale tracking system with the seed-to-sale tracking
  695  system established by the department. Each MMTC medical
  696  marijuana treatment center may use its own seed-to-sale system
  697  until the department establishes a seed-to-sale tracking system.
  698  The department may contract with a vendor to establish the seed
  699  to-sale tracking system. The vendor selected by the department
  700  may not have a contractual relationship with the department to
  701  perform any services pursuant to this section other than the
  702  seed-to-sale tracking system. The vendor may not have a direct
  703  or indirect financial interest in an MMTC a medical marijuana
  704  treatment center or a marijuana testing laboratory.
  705         (b) Registration.
  706         1. The department shall adopt by rule an MMTC registration
  707  form that requires, at a minimum, all of the following:
  708         a.The applicant’s full legal name.
  709         b.The physical address of each location where the
  710  applicant will apply for a facility permit to cultivate,
  711  process, dispense, or store marijuana.
  712         c.The name, address, and date of birth of the applicant’s
  713  principals.
  714         d.The name, address, and date of birth of the applicant’s
  715  current employees and contractors who will participate in the
  716  operations of the MMTC.
  717         e.The operation or operations in which the applicant
  718  intends to engage, which may include one or more of the
  719  following:
  720         (I)Cultivation.
  721         (II)Processing.
  722         (III)Retail sales.
  723         (IV) Transportation.
  724         2.To be registered as an MMTC, an applicant must submit
  725  all of the following to the department:
  726         a.The applicant’s completed registration form.
  727         b.Personnel registration forms, as described in subsection
  728  (9), for all principals, employees, and contractors listed on
  729  the applicant’s registration form who will participate in the
  730  operations of the MMTC. The department may not register the
  731  applicant as an MMTC until all principals, employees, and
  732  contractors listed on the applicant’s registration form have
  733  registered with the department and are issued MMTC employee
  734  identification cards.
  735         c.Proof that all principals listed on the applicant’s
  736  registration form who will not participate in the operations of
  737  the MMTC have passed a level 2 background screening pursuant to
  738  chapter 435 within the previous year.
  739         d. Proof that the MMTC has the capability to comply with
  740  seed-to-sale tracking system requirements.
  741         e.Proof of the applicant’s financial ability to maintain
  742  operations for the duration of the registration.
  743         f.A $500,000 performance and compliance bond, or a $1
  744  million performance and compliance bond if the MMTC intends to
  745  cultivate or process marijuana, which will be forfeited if the
  746  MMTC fails to comply with:
  747         (I) Registration requirements in this subsection during the
  748  registration period; or
  749         (II) Material requirements of this section which are
  750  applicable to the functions the applicant intends to perform, as
  751  indicated on the registration form.
  752         3. A registration expires 2 years after the date it is
  753  issued.
  754         4.In addition to obtaining registration pursuant to this
  755  paragraph, an MMTC must obtain an operating license for each
  756  operation it will perform as provided in paragraph (c),
  757  paragraph (d), or paragraph (f), as applicable.
  758         (c) Cultivation licenses and processing licenses.
  759         1.A registered MMTC may apply for a cultivation license or
  760  a processing license. When applying, the MMTC shall provide the
  761  department with, at a minimum, all of the following:
  762         a. A completed cultivation license or processing license
  763  application form.
  764         b. The physical address of each location where marijuana
  765  will be cultivated, processed, or stored.
  766         c. As applicable to the requested license or licenses:
  767         (I)Proof of an established infrastructure, or the ability
  768  to establish an infrastructure in a reasonable amount of time,
  769  which is designed for cultivation, processing, testing,
  770  packaging, and labeling marijuana; maintaining the
  771  infrastructure’s security; and preventing the theft or diversion
  772  of any marijuana.
  773         (II) Proof that the applicant has the technical and
  774  technological ability to cultivate and test or process and test
  775  marijuana.
  776         d. Proof of operating procedures designed to secure and
  777  maintain accountability for all marijuana and marijuana-related
  778  byproducts that come into the applicant’s possession and to
  779  comply with the required seed-to-sale tracking system.
  780         2. Cultivation licenses and processing licenses expire 2
  781  years after the date they are issued. To renew a license, the
  782  licensee must meet all of the requirements for initial
  783  licensure; must provide all of the documentation required under
  784  subparagraph 1.; and must not have any uncorrected substantial
  785  violations of the standards adopted by department rule for the
  786  cultivation, processing, testing, packaging, and labeling of
  787  marijuana.
  788         3. Before beginning cultivation or processing at any
  789  location, the licensee must obtain a facility permit from the
  790  department for that location pursuant to paragraph (g).
  791         4.A licensee under this subsection may use contractors to
  792  assist with the cultivation or processing of marijuana, as
  793  applicable, but the licensee is ultimately responsible for all
  794  of the operations performed by each contractor relating to the
  795  cultivation or processing of marijuana and is responsible for
  796  maintaining physical possession of the marijuana at all times.
  797  All work done by a contractor must be performed at a location
  798  that has a facility permit issued by the department. A licensee
  799  using a contractor must register any principal or employee of a
  800  contractor who will be participating in the operations of the
  801  licensee as provided in subsection (9). Such principal or
  802  employee may not begin participating in the operations of the
  803  licensee until he or she has received an MMTC employee
  804  identification card from the department.
  805         5. All marijuana byproducts that cannot be processed or
  806  reprocessed must be destroyed by the cultivation licensee or the
  807  processing licensee or their respective contractors within 30
  808  days after the production of the byproducts.
  809         6.A licensee under this subsection may wholesale marijuana
  810  only to other registered MMTCs. Before wholesaling marijuana,
  811  the wholesaling MMTC shall provide the purchasing MMTC with
  812  documentation showing that the marijuana meets the testing,
  813  packaging, and labeling requirements of this section. The
  814  purchasing MMTC shall review such documentation to determine
  815  that the marijuana is in compliance with this section before
  816  taking possession of the marijuana.
  817         7.Transportation or delivery of marijuana outside of the
  818  property owned by a licensee under this subsection may be
  819  performed only by an MMTC that holds a transportation license
  820  issued pursuant to paragraph (f).
  821         (e) A licensed medical marijuana treatment center shall
  822  cultivate, process, transport, and dispense marijuana for
  823  medical use. A licensed medical marijuana treatment center may
  824  not contract for services directly related to the cultivation,
  825  processing, and dispensing of marijuana or marijuana delivery
  826  devices, except that a medical marijuana treatment center
  827  licensed pursuant to subparagraph (a)1. may contract with a
  828  single entity for the cultivation, processing, transporting, and
  829  dispensing of marijuana and marijuana delivery devices. A
  830  licensed medical marijuana treatment center must, at all times,
  831  maintain compliance with the criteria demonstrated and
  832  representations made in the initial application and the criteria
  833  established in this subsection. Upon request, the department may
  834  grant a medical marijuana treatment center a variance from the
  835  representations made in the initial application. Consideration
  836  of such a request shall be based upon the individual facts and
  837  circumstances surrounding the request. A variance may not be
  838  granted unless the requesting medical marijuana treatment center
  839  can demonstrate to the department that it has a proposed
  840  alternative to the specific representation made in its
  841  application which fulfills the same or a similar purpose as the
  842  specific representation in a way that the department can
  843  reasonably determine will not be a lower standard than the
  844  specific representation in the application. A variance may not
  845  be granted from the requirements in subparagraph 2. and
  846  subparagraphs (b)1. and 2.
  847         1. A licensed medical marijuana treatment center may
  848  transfer ownership to an individual or entity who meets the
  849  requirements of this section. A publicly traded corporation or
  850  publicly traded company that meets the requirements of this
  851  section is not precluded from ownership of a medical marijuana
  852  treatment center. To accommodate a change in ownership:
  853         a. The licensed medical marijuana treatment center shall
  854  notify the department in writing at least 60 days before the
  855  anticipated date of the change of ownership.
  856         b. The individual or entity applying for initial licensure
  857  due to a change of ownership must submit an application that
  858  must be received by the department at least 60 days before the
  859  date of change of ownership.
  860         c. Upon receipt of an application for a license, the
  861  department shall examine the application and, within 30 days
  862  after receipt, notify the applicant in writing of any apparent
  863  errors or omissions and request any additional information
  864  required.
  865         d. Requested information omitted from an application for
  866  licensure must be filed with the department within 21 days after
  867  the department’s request for omitted information or the
  868  application shall be deemed incomplete and shall be withdrawn
  869  from further consideration and the fees shall be forfeited.
  870  
  871  Within 30 days after the receipt of a complete application, the
  872  department shall approve or deny the application.
  873         2. A medical marijuana treatment center, and any individual
  874  or entity who directly or indirectly owns, controls, or holds
  875  with power to vote 5 percent or more of the voting shares of a
  876  medical marijuana treatment center, may not acquire direct or
  877  indirect ownership or control of any voting shares or other form
  878  of ownership of any other medical marijuana treatment center.
  879         3. A medical marijuana treatment center may not enter into
  880  any form of profit-sharing arrangement with the property owner
  881  or lessor of any of its facilities where cultivation,
  882  processing, storing, or dispensing of marijuana and marijuana
  883  delivery devices occurs.
  884         4. All employees of a medical marijuana treatment center
  885  must be 21 years of age or older and have passed a background
  886  screening pursuant to subsection (9).
  887         5. Each medical marijuana treatment center must adopt and
  888  enforce policies and procedures to ensure employees and
  889  volunteers receive training on the legal requirements to
  890  dispense marijuana to qualified patients.
  891         8.6. When growing marijuana, an MMTC licensed for
  892  cultivation a medical marijuana treatment center:
  893         a. May use pesticides determined by the department, after
  894  consultation with the Department of Agriculture and Consumer
  895  Services, to be safely applied to plants intended for human
  896  consumption, but may not use pesticides designated as
  897  restricted-use pesticides pursuant to s. 487.042.
  898         b. Shall Must grow marijuana within an enclosed permitted
  899  cultivation facility structure and in a room separate from any
  900  other plant.
  901         c. Shall Must inspect seeds and growing plants for plant
  902  pests that endanger or threaten the horticultural and
  903  agricultural interests of the state in accordance with chapter
  904  581 and any rules adopted thereunder.
  905         d. Shall Must perform fumigation or treatment of plants, or
  906  remove and destroy infested or infected plants, in accordance
  907  with chapter 581 and any rules adopted thereunder.
  908         7. Each medical marijuana treatment center must produce and
  909  make available for purchase at least one low-THC cannabis
  910  product.
  911         9.8.An MMTC A medical marijuana treatment center that
  912  produces edibles must hold a permit to operate as a food
  913  establishment pursuant to chapter 500, the Florida Food Safety
  914  Act, and must comply with all the requirements for food
  915  establishments pursuant to chapter 500 and any rules adopted
  916  thereunder. Edibles may not contain more than 200 milligrams of
  917  tetrahydrocannabinol, and a single serving portion of an edible
  918  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  919  may have a tetrahydrocannabinol potency variance of no greater
  920  than 15 percent. Edibles may not be attractive to children; be
  921  manufactured in the shape of humans, cartoons, or animals; be
  922  manufactured in a form that bears any reasonable resemblance to
  923  products available for consumption as commercially available
  924  candy; or contain any color additives. To discourage consumption
  925  of edibles by children, the department shall determine by rule
  926  any shapes, forms, and ingredients allowed and prohibited for
  927  edibles. MMTCs Medical marijuana treatment centers may not begin
  928  processing or dispensing edibles until after the effective date
  929  of the rule. The department shall also adopt sanitation rules
  930  providing the standards and requirements for the storage,
  931  display, or dispensing of edibles.
  932         9. Within 12 months after licensure, a medical marijuana
  933  treatment center must demonstrate to the department that all of
  934  its processing facilities have passed a Food Safety Good
  935  Manufacturing Practices, such as Global Food Safety Initiative
  936  or equivalent, inspection by a nationally accredited certifying
  937  body. A medical marijuana treatment center must immediately stop
  938  processing at any facility which fails to pass this inspection
  939  until it demonstrates to the department that such facility has
  940  met this requirement.
  941         10.A medical marijuana treatment center that produces
  942  prerolled marijuana cigarettes may not use wrapping paper made
  943  with tobacco or hemp.
  944         10.11. When processing marijuana, an MMTC licensed for
  945  processing shall a medical marijuana treatment center must:
  946         a. Process the marijuana within an enclosed permitted
  947  processing facility structure and in a room separate from other
  948  plants or products.
  949         b. Comply with department rules when processing marijuana
  950  with hydrocarbon solvents or other solvents or gases exhibiting
  951  potential toxicity to humans. The department shall determine by
  952  rule the requirements for the medical marijuana treatment
  953  centers to use of such solvents or gases by MMTCs exhibiting
  954  potential toxicity to humans.
  955         c. Comply with federal and state laws and regulations and
  956  department rules for solid and liquid wastes. The department
  957  shall determine by rule procedures for the storage, handling,
  958  transportation, management, and disposal of solid and liquid
  959  waste generated during marijuana production and processing. The
  960  Department of Environmental Protection shall assist the
  961  department in developing such rules.
  962         d. Test the processed marijuana using a medical marijuana
  963  testing laboratory before it is sold or dispensed. Results must
  964  be verified and signed by two MMTC medical marijuana treatment
  965  center employees. Before selling, wholesaling, or dispensing,
  966  the MMTC shall medical marijuana treatment center must determine
  967  that the test results indicate that low-THC cannabis meets the
  968  definition of low-THC cannabis, the concentration of
  969  tetrahydrocannabinol meets the potency requirements of this
  970  section, the labeling of the concentration of
  971  tetrahydrocannabinol and cannabidiol is accurate, and all
  972  marijuana is safe for human consumption and free from
  973  contaminants that are unsafe for human consumption. The
  974  department shall determine by rule which contaminants must be
  975  tested for and the maximum levels of each contaminant which are
  976  safe for human consumption. The Department of Agriculture and
  977  Consumer Services shall assist the department in developing the
  978  testing requirements for contaminants that are unsafe for human
  979  consumption in edibles. The department shall also determine by
  980  rule the procedures for the treatment of marijuana that fails to
  981  meet the testing requirements of this section, s. 381.988, or
  982  department rule. The department may select a random sample from
  983  edibles available for purchase in a dispensing facility, which
  984  must shall be tested by the department to determine that the
  985  edible meets the potency requirements of this section and, is
  986  safe for human consumption, and that the labeling of the
  987  tetrahydrocannabinol and cannabidiol concentration is accurate.
  988  An MMTC A medical marijuana treatment center may not require
  989  payment from the department for the sample. An MMTC shall A
  990  medical marijuana treatment center must recall edibles,
  991  including all edibles made from the same batch of marijuana,
  992  which fail to meet the potency requirements of this section,
  993  which are unsafe for human consumption, or for which the
  994  labeling of the tetrahydrocannabinol and cannabidiol
  995  concentration is inaccurate. An MMTC shall The medical marijuana
  996  treatment center must retain records of all testing and samples
  997  of each homogenous batch of marijuana for at least 9 months. An
  998  MMTC shall The medical marijuana treatment center must contract
  999  with a marijuana testing laboratory to perform audits on the
 1000  MMTC’s medical marijuana treatment center’s standard operating
 1001  procedures, testing records, and samples and provide the results
 1002  to the department to confirm that the marijuana or low-THC
 1003  cannabis meets the requirements of this section and that the
 1004  marijuana or low-THC cannabis is safe for human consumption. An
 1005  MMTC A medical marijuana treatment center shall reserve two
 1006  processed samples from each batch and retain such samples for at
 1007  least 9 months for the purpose of such audits. An MMTC A medical
 1008  marijuana treatment center may use a laboratory that has not
 1009  been certified by the department under s. 381.988 until such
 1010  time as at least one laboratory holds the required
 1011  certification, but in no event later than July 1, 2018.
 1012         e. Package the marijuana in compliance with the United
 1013  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
 1014  1471 et seq.
 1015         f. Package the marijuana in a receptacle that has a firmly
 1016  affixed and legible label stating the following information:
 1017         (I) That the marijuana or low-THC cannabis meets the
 1018  requirements of sub-subparagraph d.
 1019         (II) The name of the MMTC medical marijuana treatment
 1020  center from which the marijuana originates.
 1021         (III) The batch number and harvest number from which the
 1022  marijuana originates and the date that the marijuana is sold or
 1023  dispensed.
 1024         (IV) The name of the physician who issued the physician
 1025  certification.
 1026         (V) The name of the patient.
 1027         (VI) The product name, if applicable, and dosage form,
 1028  including concentration of tetrahydrocannabinol and cannabidiol.
 1029  The product name may not contain wording commonly associated
 1030  with products marketed by or to children.
 1031         (V)(VII) The recommended dose.
 1032         (VI)(VIII) A warning that it is illegal to transfer medical
 1033  marijuana to a another person younger than 21 years of age.
 1034         (VII)(IX) A marijuana universal symbol developed by the
 1035  department.
 1036         11.12. The MMTC that packages the marijuana medical
 1037  marijuana treatment center shall include in each package an a
 1038  patient package insert with information on the specific product
 1039  dispensed related to all of the following:
 1040         a. Clinical pharmacology.
 1041         b. Indications and use.
 1042         c. Dosage and administration.
 1043         d. Dosage forms and strengths.
 1044         e. Contraindications.
 1045         f. Warnings and precautions.
 1046         g. Adverse reactions.
 1047         12.13. In addition to the packaging and labeling
 1048  requirements specified in subparagraphs 10. and 11. and 12.,
 1049  marijuana in a form for smoking must be packaged in a sealed
 1050  receptacle with a legible and prominent warning to keep the
 1051  receptacle away from children and a warning that states that
 1052  marijuana smoke contains carcinogens and may negatively affect
 1053  health. Such receptacles for marijuana in a form for smoking
 1054  must be plain, opaque, and white without depictions of the
 1055  product or images other than the MMTC’s medical marijuana
 1056  treatment center’s department-approved logo and the marijuana
 1057  universal symbol.
 1058         13.14. The department shall adopt rules to regulate the
 1059  types, appearance, and labeling of marijuana delivery devices
 1060  dispensed from an MMTC a medical marijuana treatment center. The
 1061  rules must require marijuana delivery devices to have an
 1062  appearance consistent with medical use.
 1063         14.15. Each edible must shall be individually sealed in
 1064  plain, opaque wrapping marked only with the marijuana universal
 1065  symbol. Where practical, Each edible must shall be marked with
 1066  the marijuana universal symbol. In addition to the packaging and
 1067  labeling requirements in subparagraphs 10. and 11. and 12.,
 1068  edible receptacles must be plain, opaque, and white without
 1069  depictions of the product or images other than the MMTC’s
 1070  medical marijuana treatment center’s department-approved logo
 1071  and the marijuana universal symbol. The receptacle must also
 1072  include a list of all the edible’s ingredients, storage
 1073  instructions, information on the estimated amount of time for
 1074  the edible to take effect, an expiration date, a legible and
 1075  prominent warning to keep the receptacle away from children and
 1076  pets, and a warning that the edible has not been produced or
 1077  inspected pursuant to federal food safety laws.
 1078         (d)Retail licenses.
 1079         1.A registered MMTC may apply for a retail license. When
 1080  applying, the MMTC must provide the department with, at a
 1081  minimum, all of the following:
 1082         a. A completed retail license application form.
 1083         b.A statement by the applicant which indicates whether the
 1084  applicant intends to dispense by delivery. A retail licensee may
 1085  not deliver marijuana without also obtaining a transportation
 1086  license pursuant to paragraph (f).
 1087         c. The physical address of each location where the
 1088  applicant will dispense or store marijuana.
 1089         d. Identifying information for all other current or
 1090  previous retail licenses held by the applicant or any of the
 1091  applicant’s principals.
 1092         e. Proof of operating procedures designed to secure and
 1093  maintain accountability for all marijuana that the applicant
 1094  receives and possesses, to ensure that only the allowed amount
 1095  of marijuana is sold or dispensed, to ensure that the specified
 1096  type of marijuana is correctly dispensed to a qualified patient
 1097  or his or her caregiver pursuant to a physician certification,
 1098  and to monitor the medical marijuana patient registry and
 1099  electronically update the registry with dispensing information.
 1100         2. A retail license expires 2 years after the date it is
 1101  issued. The retail licensee must apply for license renewal
 1102  before the expiration date. To renew a license, a retail
 1103  licensee must meet all of the requirements for initial
 1104  licensure; must provide all of the documents required under
 1105  paragraph (b); and must not have any outstanding substantial
 1106  violations of the applicable standards adopted by department
 1107  rule.
 1108         3. Before beginning to sell, dispense, or store marijuana,
 1109  the licensee shall obtain a facility permit from the department
 1110  for each location where marijuana will be sold, dispensed, or
 1111  stored. If a facility’s permit expires or is suspended or
 1112  revoked, the MMTC must cease all applicable operations at that
 1113  facility until the department inspects the facility and renews
 1114  or reinstates the facility’s permit.
 1115         4. A dispensing facility may not repackage or modify
 1116  marijuana that has already been packaged for sale by a
 1117  cultivation licensee or processing licensee, unless the
 1118  repackaging is of unprocessed marijuana, is done in accordance
 1119  with instructions from the cultivator or processor, and is
 1120  documented in the required seed-to-sale tracking system.
 1121         5.A retail licensee may contract with an MMTC that has a
 1122  transportation license to transport marijuana between properties
 1123  owned by the retail licensee, to deliver the marijuana for sale
 1124  or dispensing, and to pick up returns of marijuana.
 1125         6. Onsite consumption or administration of marijuana at a
 1126  dispensing facility is prohibited.
 1127         7.16. When dispensing marijuana or a marijuana delivery
 1128  device, an MMTC licensed for retail a medical marijuana
 1129  treatment center:
 1130         a. May dispense any active, valid order for low-THC
 1131  cannabis, medical cannabis and cannabis delivery devices issued
 1132  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1133  entered into the medical marijuana use registry before July 1,
 1134  2017.
 1135         b. May not dispense more than one a 70-day supply of
 1136  marijuana within any 70-day period to a qualified patient or
 1137  caregiver and. may not dispense more than one 35-day supply of
 1138  marijuana in a form for smoking within any 35-day period to a
 1139  qualified patient or caregiver. A 35-day supply of marijuana in
 1140  a form for smoking may not exceed 2.5 ounces unless an exception
 1141  to this amount is approved by the department pursuant to
 1142  paragraph (4)(f).
 1143         c. Shall require Must have the MMTC’s medical marijuana
 1144  treatment center’s employee who dispenses the marijuana or a
 1145  marijuana delivery device to enter into the medical marijuana
 1146  use registry his or her name or unique employee identifier.
 1147         d. When dispensing to a qualified patient or caregiver,
 1148  shall must verify that the qualified patient and, if applicable,
 1149  the caregiver, if applicable, each have an active registration
 1150  in the medical marijuana use registry and an active and valid
 1151  medical marijuana use registry identification card; that, the
 1152  amount and type of marijuana dispensed matches the physician
 1153  certification in the medical marijuana use registry for that
 1154  qualified patient;, and that the physician certification has not
 1155  already been filled.
 1156         e.When dispensing to a qualified patient or caregiver,
 1157  shall label the marijuana or the marijuana delivery device with
 1158  the name of the physician who issued the physician certification
 1159  and the name of the patient for whom the certification was
 1160  issued before it is dispensed.
 1161         f.e. May not dispense marijuana to a qualified patient who
 1162  is younger than 18 years of age. If the qualified patient is
 1163  younger than 18 years of age, marijuana may only be dispensed
 1164  only to the qualified patient’s caregiver.
 1165         g.May sell marijuana to an adult 21 years of age or older
 1166  pursuant to s. 381.990, provided that the MMTC is registered
 1167  with the Department of Business and Professional Regulation
 1168  pursuant to that section. When selling marijuana pursuant to
 1169  that section, the employee selling the marijuana must determine
 1170  that the appearance of the buyer is such that a prudent person
 1171  would believe the buyer to be 21 years of age or older or must
 1172  carefully check the buyer’s driver license, identification card
 1173  issued by this state or another state of the United States,
 1174  passport, or United States Armed Services identification card to
 1175  determine the buyer’s age. Other than for the purpose of
 1176  determining a buyer’s age, an MMTC may not request or store any
 1177  personal information provided by the buyer.
 1178         h.f. May not dispense or sell any other type of cannabis,
 1179  alcohol, or illicit drug-related product, including pipes or
 1180  wrapping papers made with tobacco or hemp, other than a
 1181  marijuana delivery device required for the medical use of
 1182  marijuana and which is specified in a physician certification.
 1183         i.g.Must, Upon dispensing the marijuana or marijuana
 1184  delivery device to a qualified patient or caregiver, shall
 1185  record in the registry the date, time, quantity, and form of
 1186  marijuana dispensed; the type of marijuana delivery device
 1187  dispensed; and the name and medical marijuana use registry
 1188  identification number of the qualified patient or caregiver to
 1189  whom the marijuana delivery device was dispensed.
 1190         j.h.Shall Must ensure that patient records are not visible
 1191  to anyone other than the qualified patient, his or her
 1192  caregiver, and authorized MMTC medical marijuana treatment
 1193  center employees.
 1194         (e)(f)Security.To ensure the safety and security of
 1195  premises where the cultivation, processing, storing, or
 1196  dispensing of marijuana occurs, and to maintain adequate
 1197  controls against the diversion, theft, and loss of marijuana or
 1198  marijuana delivery devices, an MMTC a medical marijuana
 1199  treatment center shall do all of the following:
 1200         1.a. Maintain a fully operational security alarm system
 1201  that secures all entry points and perimeter windows and is
 1202  equipped with motion detectors; pressure switches; and duress,
 1203  panic, and hold-up alarms.; and
 1204         b. Maintain a video surveillance system that records
 1205  continuously, 24 hours a day, and meets all of the following
 1206  criteria:
 1207         (I) Cameras are fixed in a place that allows for the clear
 1208  identification of persons and activities in controlled areas of
 1209  the premises. Controlled areas include grow rooms, processing
 1210  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1211  rooms.
 1212         (II) Cameras are fixed in entrances and exits to the
 1213  premises in a place that allows recording, which shall record
 1214  from both indoor and outdoor, or ingress and egress, vantage
 1215  points.
 1216         (III) Produces recorded images that must clearly and
 1217  accurately display the time and date of recording.
 1218         c.(IV) Retain video surveillance recordings for at least 45
 1219  days or longer upon the request of a law enforcement agency.
 1220         2. Ensure that the MMTC’s medical marijuana treatment
 1221  center’s outdoor premises have sufficient lighting from dusk
 1222  until dawn.
 1223         3. Ensure that the indoor premises where dispensing occurs
 1224  include includes a waiting area with sufficient space and
 1225  seating to accommodate qualified patients and caregivers and at
 1226  least one private consultation area that is isolated from the
 1227  waiting area and the area where dispensing occurs. An MMTC A
 1228  medical marijuana treatment center may not display products or
 1229  dispense marijuana or marijuana delivery devices in the waiting
 1230  area.
 1231         4. Cease dispensing Not dispense from its premises
 1232  marijuana or a marijuana delivery devices from its premises
 1233  device between the hours of 11 p.m. 9 p.m. and 7 a.m., but may
 1234  perform all other operations and deliver marijuana to qualified
 1235  patients 24 hours a day.
 1236         5. Store marijuana in a secured, locked room or a vault.
 1237         6. Require at least two of its employees, or two employees
 1238  of a security agency with whom it contracts, to be on the
 1239  premises at all times where cultivation, processing, or storing
 1240  of marijuana occurs, at all times.
 1241         7. Require each employee or contractor to wear a photo
 1242  identification badge at all times while on the premises.
 1243         8. Require each visitor to wear a visitor pass at all times
 1244  while on the premises.
 1245         9. Implement an alcohol and drug-free workplace policy.
 1246         10. Report to a local law enforcement agency within 24
 1247  hours after the MMTC medical marijuana treatment center is
 1248  notified or becomes aware of the theft, diversion, or loss of
 1249  marijuana.
 1250         (f) Transportation licenses; vehicle permits.
 1251         1.A registered MMTC may apply for a transportation
 1252  license. When applying, the MMTC shall provide the department
 1253  with, at a minimum, all of the following:
 1254         a. The physical address of the MMTC’s place of business.
 1255         b.Proof that the MMTC has a documentation system in
 1256  accordance with the required seed-to-sale tracking system,
 1257  including transportation manifests, for transporting marijuana
 1258  between licensed facilities and to qualified patients.
 1259  Transportation manifests may be electronically stored and
 1260  presented.
 1261         c. Proof of the MMTC’s compliance with health and
 1262  sanitation standards for the transportation of marijuana.
 1263         d. Proof that all marijuana transported between licensed
 1264  facilities will be transported in tamper-evident shipping
 1265  containers.
 1266         2.An MMTC with a transportation license may not transport
 1267  marijuana on the property of an airport, a seaport, a spaceport,
 1268  or any property of the Federal Government.
 1269         3. An MMTC with a transportation license may transport
 1270  marijuana and marijuana delivery devices only in a vehicle that
 1271  is owned or leased by the MMTC or the MMTC’s contractor and for
 1272  which a valid vehicle permit has been issued by the department.
 1273         4. An MMTC with a transportation license may obtain a
 1274  vehicle permit upon submission of an application. The MMTC must
 1275  designate as the driver for each permitted vehicle an employee
 1276  or contracted employee who is registered with the department and
 1277  who is authorized to possess marijuana when not on the property
 1278  of the MMTC. Such designation must be displayed in the vehicle
 1279  at all times. Each permitted vehicle must be GPS monitored. A
 1280  vehicle permit remains valid and does not expire unless the MMTC
 1281  or its contractor disposes of the permitted vehicle or the
 1282  MMTC’s registration or transportation license is transferred,
 1283  canceled, not renewed, or revoked by the department. The
 1284  department shall cancel a vehicle permit upon the request of the
 1285  MMTC or its contractor.
 1286         5. When transporting marijuana, a permitted vehicle is
 1287  subject to inspection and search without a search warrant by
 1288  authorized employees of the department, sheriffs, deputy
 1289  sheriffs, police officers, or other law enforcement officers to
 1290  determine that the MMTC is operating in compliance with this
 1291  section.
 1292         6.An MMTC with a transportation license may deliver, or
 1293  contract for the delivery of, marijuana and marijuana delivery
 1294  devices to other MMTCs, to qualified patients and caregivers
 1295  within this state, and to adults 21 years of age or older within
 1296  this state. A county or municipality may not prohibit deliveries
 1297  of marijuana and marijuana delivery devices to qualified
 1298  patients or caregivers within the county or municipality.
 1299  Deliveries may be made only to the qualified patient who placed
 1300  the order or his or her caregiver. When delivering to a
 1301  qualified patient or caregiver, an MMTC or its contractor shall
 1302  verify the identity of the qualified patient upon placement of
 1303  the delivery order and, again, upon delivery. When delivering
 1304  marijuana to an adult 21 years of age or older, an MMTC or its
 1305  contractor shall verify the age of the buyer upon placement of
 1306  the order and, again, upon delivery. In order to verify the age
 1307  of the buyer, the MMTC must determine that the appearance of the
 1308  buyer is such that a prudent person would believe the buyer to
 1309  be 21 years of age or older or must carefully check the buyer’s
 1310  driver license, identification card issued by this state or
 1311  another state of the United States, passport, or United States
 1312  Armed Services identification card to determine the buyer’s age.
 1313  The department shall adopt rules specific to the delivery of
 1314  marijuana which include both of the following:
 1315         a.Procedures for verifying the age and identity of the
 1316  person placing the order for and receiving a delivery, as
 1317  appropriate, including required training for delivery personnel.
 1318         b.A maximum dispensary value for all marijuana and
 1319  currency that may be in the possession of a registered MMTC
 1320  employee or contractor while he or she makes a delivery. The
 1321  maximum value established by rule may not be less than $5,000.
 1322         7.Licensees under this subsection may use contractors to
 1323  assist with the transportation of marijuana, but the licensee is
 1324  ultimately responsible for all of the actions and operations of
 1325  each contractor relating to the transportation of marijuana and
 1326  must know the location of all marijuana products at all times.
 1327  To participate in the operations of a licensee under this
 1328  subsection, a principal or employee of a contractor contracted
 1329  by the licensee must first register with the department under
 1330  subsection (9) and be issued an MMTC employee identification
 1331  card.
 1332         (g) Facility permits.
 1333         1. Before cultivating, processing, dispensing, or storing
 1334  marijuana at any location, an MMTC shall apply to the department
 1335  for the applicable facility permit for that facility. The
 1336  department shall adopt by rule an application form. Upon
 1337  receiving a request for a permit from a licensee, the department
 1338  shall inspect the facility for compliance with this section and
 1339  rules adopted hereunder, and, upon a determination of
 1340  compliance, shall issue a permit to the facility. The department
 1341  shall issue or deny a facility permit within 30 days after
 1342  receiving the request for the permit.
 1343         2. A facility permit expires 2 years after the date it is
 1344  issued. Each facility must be inspected by the department for
 1345  compliance with this section and department rules before the
 1346  facility’s permit is renewed.
 1347         3. If a facility permit expires or is suspended or revoked,
 1348  the MMTC must cease all applicable operations at that facility
 1349  until the department inspects the facility and renews or
 1350  reinstates the facility’s permit.
 1351         4. Cultivation facilities and processing facilities:
 1352         a. Shall maintain insurance with at least $1 million of
 1353  hazard and liability insurance per location; and
 1354         b. Must be secure, closed to the public, and, unless an
 1355  ordinance allows the facility to be located closer, located at
 1356  least 1,000 feet away from any existing public or private
 1357  elementary or secondary school, a child care facility as defined
 1358  in s. 402.302, or a licensed service provider offering substance
 1359  abuse services.
 1360         5. All matters regarding the permitting and regulation of
 1361  cultivation facilities and processing facilities, including the
 1362  location of such facilities, are preempted to the state.
 1363         6. Dispensing facilities and storage facilities:
 1364         a. Shall maintain insurance with at least $500,000 of
 1365  hazard and liability insurance for each facility where marijuana
 1366  is dispensed or stored; and
 1367         b. Unless an ordinance allows the facility to be located
 1368  closer, must be located at least 1,000 feet away from any
 1369  existing public or private elementary or secondary school, child
 1370  care facility as defined in s. 402.302, or licensed service
 1371  provider offering substance abuse services.
 1372         7. The governing body of a county or municipality, by
 1373  ordinance, may prohibit or limit the number of dispensing
 1374  facilities located within its jurisdiction but may not prohibit
 1375  an MMTC with a retail license or its permitted storage facility
 1376  from being located within its jurisdiction if the licensee is
 1377  delivering or contracting to deliver marijuana within that
 1378  jurisdiction. The department may not issue a facility permit for
 1379  a dispensing facility in a county or municipality in which the
 1380  board of county commissioners or other local governing body, as
 1381  applicable, has adopted such an ordinance. A county or
 1382  municipality may not require, request, or accept financial
 1383  contributions or similar benefits from MMTCs, but, in addition
 1384  to other taxes authorized by law, a county or municipality may
 1385  levy a local business tax on a dispensing facility. An ordinance
 1386  adopted by a municipality or county pursuant to this paragraph
 1387  may not do any of the following:
 1388         a. Provide exclusive access to one or several individuals
 1389  or entities to operate dispensing facilities within the
 1390  jurisdiction.
 1391         b. Prohibit specific individuals or entities from operating
 1392  a dispensing facility within the jurisdiction if the ordinance
 1393  allows dispensing facilities to operate in the jurisdiction.
 1394         c. Prohibit the delivery of marijuana within the
 1395  jurisdiction by a properly licensed MMTC located within the
 1396  jurisdiction.
 1397         8. The department may adopt by rule additional requirements
 1398  for the permitting of cultivation, processing, dispensing, and
 1399  storage facilities to ensure the sanitary, safe, and secure
 1400  cultivation, processing, dispensing, storage, and sale of
 1401  marijuana.
 1402         To ensure the safe transport of marijuana and marijuana
 1403  delivery devices to medical marijuana treatment centers,
 1404  marijuana testing laboratories, or qualified patients, a medical
 1405  marijuana treatment center must:
 1406         1. Maintain a marijuana transportation manifest in any
 1407  vehicle transporting marijuana. The marijuana transportation
 1408  manifest must be generated from a medical marijuana treatment
 1409  center’s seed-to-sale tracking system and include the:
 1410         a. Departure date and approximate time of departure.
 1411         b. Name, location address, and license number of the
 1412  originating medical marijuana treatment center.
 1413         c. Name and address of the recipient of the delivery.
 1414         d. Quantity and form of any marijuana or marijuana delivery
 1415  device being transported.
 1416         e. Arrival date and estimated time of arrival.
 1417         f. Delivery vehicle make and model and license plate
 1418  number.
 1419         g. Name and signature of the medical marijuana treatment
 1420  center employees delivering the product.
 1421         (I) A copy of the marijuana transportation manifest must be
 1422  provided to each individual, medical marijuana treatment center,
 1423  or marijuana testing laboratory that receives a delivery. The
 1424  individual, or a representative of the center or laboratory,
 1425  must sign a copy of the marijuana transportation manifest
 1426  acknowledging receipt.
 1427         (II) An individual transporting marijuana or a marijuana
 1428  delivery device must present a copy of the relevant marijuana
 1429  transportation manifest and his or her employee identification
 1430  card to a law enforcement officer upon request.
 1431         (III) Medical marijuana treatment centers and marijuana
 1432  testing laboratories must retain copies of all marijuana
 1433  transportation manifests for at least 3 years.
 1434         2. Ensure only vehicles in good working order are used to
 1435  transport marijuana.
 1436         3. Lock marijuana and marijuana delivery devices in a
 1437  separate compartment or container within the vehicle.
 1438         4. Require employees to have possession of their employee
 1439  identification card at all times when transporting marijuana or
 1440  marijuana delivery devices.
 1441         5. Require at least two persons to be in a vehicle
 1442  transporting marijuana or marijuana delivery devices, and
 1443  require at least one person to remain in the vehicle while the
 1444  marijuana or marijuana delivery device is being delivered.
 1445         6. Provide specific safety and security training to
 1446  employees transporting or delivering marijuana and marijuana
 1447  delivery devices.
 1448         (h) Advertising.—An MMTC A medical marijuana treatment
 1449  center may not engage in advertising that is visible to members
 1450  of the public from any street, sidewalk, park, or other public
 1451  place, except:
 1452         1. An MMTC dispensing facility The dispensing location of A
 1453  medical marijuana treatment center may have a sign that is
 1454  affixed to the outside or hanging in the window of the premises
 1455  which identifies the dispensing facility dispensary by the
 1456  licensee’s business name, a department-approved trade name, or a
 1457  department-approved logo. An MMTC’s A medical marijuana
 1458  treatment center’s trade name and logo may not contain wording
 1459  or images commonly associated with marketing targeted toward
 1460  children or which promote recreational use of marijuana.
 1461         2. An MMTC A medical marijuana treatment center may engage
 1462  in Internet advertising and marketing under the following
 1463  conditions:
 1464         a. All advertisements must be approved by the department.
 1465         b. An advertisement may not have any content that
 1466  specifically targets individuals under the age of 18, including
 1467  cartoon characters or similar images.
 1468         c. An advertisement may not be an unsolicited pop-up
 1469  advertisement.
 1470         d. Opt-in marketing must include an easy and permanent opt
 1471  out feature.
 1472         (i) Online retail catalogs.Each retail MMTC medical
 1473  marijuana treatment center that dispenses marijuana and
 1474  marijuana delivery devices shall make all of the following
 1475  available to the public on its website:
 1476         1. Each marijuana and low-THC product available for
 1477  purchase, including the form, strain of marijuana from which it
 1478  was extracted, cannabidiol content, tetrahydrocannabinol
 1479  content, dose unit, total number of doses available, and the
 1480  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1481         2. The price for a 30-day, 50-day, and 70-day supply at a
 1482  standard dose for each marijuana and low-THC product available
 1483  for purchase.
 1484         3. The price for each marijuana delivery device available
 1485  for purchase.
 1486         4. If applicable, any discount policies and eligibility
 1487  criteria for such discounts.
 1488         (j) Sourcing of marijuana for medical use.—MMTCs Medical
 1489  marijuana treatment centers are the sole source from which a
 1490  person qualified patient may legally obtain marijuana.
 1491         (k) Rulemaking.The department may adopt rules pursuant to
 1492  ss. 120.536(1) and 120.54 to implement this subsection.
 1493         (9) MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL;
 1494  REGISTRATION; EMPLOYEE IDENTIFICATION CARDS.—
 1495         (a)The department shall adopt rules to administer the
 1496  registration of medical marijuana treatment center (MMTC)
 1497  principals, employees, and contractors who participate in the
 1498  operations of an MMTC. Before hiring or contracting with any
 1499  individual who is not registered with the department or who does
 1500  not possess a current MMTC employee identification card, an MMTC
 1501  must apply to the department to register that person as an MMTC
 1502  employee. The department shall adopt by rule a form for such
 1503  applications for registration, which must require the applicant
 1504  to provide all of the following:
 1505         1.His or her full legal name, social security number, date
 1506  of birth, and home address.
 1507         2.A full-face, passport-type, color photograph of the
 1508  applicant taken within the 90 days immediately preceding
 1509  submission of the application.
 1510         3.Proof that he or she has passed a level 2 background
 1511  screening pursuant to chapter 435 within the previous year.
 1512         4.An indication as to whether the applicant will be
 1513  authorized by the MMTC to possess marijuana while not on MMTC
 1514  property.
 1515         (b)Once the department has received a completed
 1516  application form from an MMTC, the department shall register the
 1517  principal, employee, or contractor associated with the MMTC and
 1518  issue him or her an MMTC employee identification card that, at a
 1519  minimum, includes all of the following:
 1520         1.The employee’s name and the name of the MMTC that
 1521  employs him or her.
 1522         2.The employee’s photograph, as required under paragraph
 1523  (a).
 1524         3. The expiration date of the card, which must be 1 year
 1525  after the date it is issued.
 1526         4.An indication of whether the employee is authorized by
 1527  the MMTC to possess marijuana while not on MMTC property.
 1528         (c)If any information provided to the department for the
 1529  registration of an MMTC principal, employee, or contractor or in
 1530  the application for an MMTC employee identification card changes
 1531  or if the registered person’s employment status with the MMTC
 1532  changes, the registered person and the MMTC must provide the
 1533  department with the new information or status within 7 days
 1534  after the change.
 1535         (d)The department may contract with one or more vendors
 1536  for the purpose of issuing MMTC employee identification cards
 1537  under this subsection.
 1538         BACKGROUND SCREENING.—An individual required to undergo a
 1539  background screening pursuant to this section must pass a level
 1540  2 background screening as provided under chapter 435, which, in
 1541  addition to the disqualifying offenses provided in s. 435.04,
 1542  shall exclude an individual who has an arrest awaiting final
 1543  disposition for, has been found guilty of, regardless of
 1544  adjudication, or has entered a plea of nolo contendere or guilty
 1545  to an offense under chapter 837, chapter 895, or chapter 896 or
 1546  similar law of another jurisdiction.
 1547         (a) Such individual must submit a full set of fingerprints
 1548  to the department or to a vendor, entity, or agency authorized
 1549  by s. 943.053(13). The department, vendor, entity, or agency
 1550  shall forward the fingerprints to the Department of Law
 1551  Enforcement for state processing, and the Department of Law
 1552  Enforcement shall forward the fingerprints to the Federal Bureau
 1553  of Investigation for national processing.
 1554         (b) Fees for state and federal fingerprint processing and
 1555  retention shall be borne by the individual. The state cost for
 1556  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1557  for records provided to persons or entities other than those
 1558  specified as exceptions therein.
 1559         (c) Fingerprints submitted to the Department of Law
 1560  Enforcement pursuant to this subsection shall be retained by the
 1561  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1562  (h) and, when the Department of Law Enforcement begins
 1563  participation in the program, enrolled in the Federal Bureau of
 1564  Investigation’s national retained print arrest notification
 1565  program. Any arrest record identified shall be reported to the
 1566  department.
 1567         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1568  ADMINISTRATIVE ACTIONS.—
 1569         (a) The department shall conduct announced or unannounced
 1570  inspections of medical marijuana treatment centers to determine
 1571  compliance with this section or rules adopted pursuant to this
 1572  section.
 1573         (b)The department shall inspect a medical marijuana
 1574  treatment center Upon receiving a complaint or notice that a the
 1575  medical marijuana treatment center (MMTC) has dispensed
 1576  marijuana containing mold, bacteria, or another other
 1577  contaminant that may cause or has caused an adverse effect to
 1578  human health or the environment, the department shall inspect
 1579  the MMTC, its facilities, and, as appropriate, any cultivation
 1580  or processing facility of the MMTC from which the batch of
 1581  marijuana was purchased.
 1582         (b)(c) The department shall conduct at least a biennial
 1583  inspection of each MMTC medical marijuana treatment center to
 1584  evaluate its the medical marijuana treatment center’s records,
 1585  personnel, equipment, processes, security measures, sanitation
 1586  practices, and quality assurance practices.
 1587         (c) The department shall conduct at least a biennial
 1588  inspection of each permitted facility. The department may
 1589  conduct additional announced or unannounced inspections of a
 1590  permitted facility within reasonable hours in order to ensure
 1591  compliance with this section and rules adopted hereunder.
 1592         (d) The Department of Agriculture and Consumer Services and
 1593  the department shall enter into an interagency agreement to
 1594  ensure cooperation and coordination in the performance of their
 1595  obligations under this section and their respective regulatory
 1596  and authorizing laws. The department, the Department of Highway
 1597  Safety and Motor Vehicles, and the Department of Law Enforcement
 1598  may enter into interagency agreements for the purposes specified
 1599  in this subsection or subsection (7).
 1600         (e) The department shall publish a list of all approved
 1601  MMTCs medical marijuana treatment centers, medical directors,
 1602  and qualified physicians on its website.
 1603         (f) The department may impose administrative penalties,
 1604  including reasonable fines not to exceed $10,000, on an MMTC a
 1605  medical marijuana treatment center for any of the following
 1606  violations:
 1607         1. Violating this section or department rule.
 1608         2. Failing to maintain qualifications for approval.
 1609         3. Endangering the health, safety, or security of a
 1610  qualified patient or an adult purchasing marijuana pursuant to
 1611  s. 381.990.
 1612         4. Improperly disclosing personal and confidential
 1613  information of the qualified patient.
 1614         5. Attempting to procure MMTC medical marijuana treatment
 1615  center approval by bribery, fraudulent misrepresentation, or
 1616  extortion.
 1617         6. Being convicted or found guilty of, or entering a plea
 1618  of guilty or nolo contendere to, regardless of adjudication, a
 1619  crime in any jurisdiction which directly relates to the business
 1620  of an MMTC a medical marijuana treatment center.
 1621         7. Making or filing a report or record that the MMTC
 1622  medical marijuana treatment center knows to be false.
 1623         8. Willfully failing to maintain a record required by this
 1624  section or department rule.
 1625         9. Willfully impeding or obstructing an employee or agent
 1626  of the department in the furtherance of his or her official
 1627  duties.
 1628         10. Engaging in fraud or deceit, negligence, incompetence,
 1629  or misconduct in the business practices of an MMTC a medical
 1630  marijuana treatment center.
 1631         11. Making misleading, deceptive, or fraudulent
 1632  representations in or related to the business practices of an
 1633  MMTC a medical marijuana treatment center.
 1634         12. Having a license or the authority to engage in any
 1635  regulated profession, occupation, or business that is related to
 1636  the business practices of an MMTC a medical marijuana treatment
 1637  center suspended, revoked, or otherwise acted against by the
 1638  licensing authority of any jurisdiction, including its agencies
 1639  or subdivisions, for a violation that would constitute a
 1640  violation under Florida law.
 1641         13. Violating a lawful order of the department or an agency
 1642  of the state, or failing to comply with a lawfully issued
 1643  subpoena of the department or an agency of the state.
 1644         14.Failing to adequately determine the age of a buyer who
 1645  is not a qualified patient or caregiver.
 1646         (g) The department may suspend, revoke, or refuse to renew
 1647  an MMTC’s registration, operating licenses, and any vehicle
 1648  permits or facility permits a medical marijuana treatment center
 1649  license if the MMTC medical marijuana treatment center commits
 1650  any of the violations specified in paragraph (f).
 1651         (h)The department shall refuse to renew the cultivation,
 1652  processing, retail, or transportation license of an MMTC that
 1653  has been issued such a license and has not begun to cultivate,
 1654  process, dispense, or transport marijuana, as applicable, by the
 1655  date that the MMTC is required to renew such license.
 1656         (i)(h) The department may adopt rules pursuant to ss.
 1657  120.536(1) and 120.54 to implement this subsection.
 1658         (11) PREEMPTION.—Regulation of cultivation, processing, and
 1659  delivery of marijuana by medical marijuana treatment centers
 1660  (MMTCs) is preempted to the state except as provided in this
 1661  subsection.
 1662         (a) An MMTC A medical marijuana treatment center
 1663  cultivating or processing facility may not be located within 500
 1664  feet of the real property that comprises a public or private
 1665  elementary school, middle school, or secondary school.
 1666         (b)1. A county or municipality may, by ordinance, ban MMTC
 1667  medical marijuana treatment center dispensing facilities from
 1668  being located within the boundaries of that county or
 1669  municipality. A county or municipality that does not ban
 1670  dispensing facilities under this subparagraph may not place
 1671  specific limits, by ordinance, on the number of dispensing
 1672  facilities that may locate within that county or municipality.
 1673         2. A municipality may determine by ordinance the criteria
 1674  for the location of, and other permitting requirements that do
 1675  not conflict with state law or department rule for, MMTC medical
 1676  marijuana treatment center dispensing facilities located within
 1677  the boundaries of that municipality. A county may determine by
 1678  ordinance the criteria for the location of, and other permitting
 1679  requirements that do not conflict with state law or department
 1680  rule for, all such dispensing facilities located within the
 1681  unincorporated areas of that county. Except as provided in
 1682  paragraph (c), a county or municipality may not enact ordinances
 1683  for permitting or for determining the location of dispensing
 1684  facilities which are more restrictive than its ordinances
 1685  permitting or determining the locations for pharmacies licensed
 1686  under chapter 465. A municipality or county may not charge an
 1687  MMTC a medical marijuana treatment center a license or permit
 1688  fee in an amount greater than the fee charged by such
 1689  municipality or county to pharmacies. A dispensing facility
 1690  location approved by a municipality or county pursuant to former
 1691  s. 381.986(8)(b), Florida Statutes 2016, is not subject to the
 1692  location requirements of this subsection.
 1693         (c) An MMTC A medical marijuana treatment center dispensing
 1694  facility may not be located within 500 feet of the real property
 1695  that comprises a public or private elementary school, middle
 1696  school, or secondary school unless the county or municipality
 1697  approves the location through a formal proceeding open to the
 1698  public at which the county or municipality determines that the
 1699  location promotes the public health, safety, and general welfare
 1700  of the community.
 1701         (d) This subsection does not prohibit any local
 1702  jurisdiction from ensuring that MMTC medical marijuana treatment
 1703  center facilities comply with the Florida Building Code, the
 1704  Florida Fire Prevention Code, or any local amendments to the
 1705  Florida Building Code or the Florida Fire Prevention Code.
 1706         (12) PENALTIES.—
 1707         (a) A qualified physician commits a misdemeanor of the
 1708  first degree, punishable as provided in s. 775.082 or s.
 1709  775.083, if he or she the qualified physician issues a physician
 1710  certification for the medical use of marijuana for a patient
 1711  without a reasonable belief that the patient is suffering from a
 1712  qualifying medical condition.
 1713         (b) A person who fraudulently represents that he or she has
 1714  a qualifying medical condition to a qualified physician for the
 1715  purpose of being issued a physician certification commits a
 1716  misdemeanor of the first degree, punishable as provided in s.
 1717  775.082 or s. 775.083.
 1718         (c)1. A person qualified patient who uses marijuana, not
 1719  including low-THC cannabis, or a caregiver who administers
 1720  marijuana, not including low-THC cannabis, in plain view of or
 1721  in a place open to the general public is subject to a civil fine
 1722  not exceeding $100.
 1723         2. A person who uses marijuana, not including low-THC
 1724  cannabis,; in a school bus, a moving vehicle, or an aircraft, or
 1725  a boat; or on the grounds of a school except as provided in s.
 1726  1006.062, commits a misdemeanor of the first degree, punishable
 1727  as provided in s. 775.082 or s. 775.083.
 1728         (d) A person qualified patient or caregiver who cultivates
 1729  marijuana or who purchases or acquires marijuana from any person
 1730  or entity other than a medical marijuana treatment center (MMTC)
 1731  violates s. 893.13 and is subject to the penalties provided
 1732  therein.
 1733         (e)1. A qualified patient or caregiver in possession of
 1734  marijuana or a marijuana delivery device who fails or refuses to
 1735  present his or her marijuana use registry identification card
 1736  upon the request of a law enforcement officer commits a
 1737  misdemeanor of the second degree, punishable as provided in s.
 1738  775.082 or s. 775.083, unless it can be determined through the
 1739  medical marijuana use registry that the person is authorized to
 1740  be in possession of that marijuana or marijuana delivery device.
 1741         2. A person charged with a violation of this paragraph may
 1742  not be convicted if, before or at the time of his or her court
 1743  or hearing appearance, the person produces in court or to the
 1744  clerk of the court in which the charge is pending a medical
 1745  marijuana use registry identification card issued to him or her
 1746  which is valid at the time of his or her arrest. The clerk of
 1747  the court is authorized to dismiss such case at any time before
 1748  the defendant’s appearance in court. The clerk of the court may
 1749  assess a fee of $5 for dismissing the case under this paragraph.
 1750         (e)(f) A caregiver who violates any of the applicable
 1751  provisions of this section or applicable department rules, for
 1752  the first offense, commits a misdemeanor of the second degree,
 1753  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1754  second or subsequent offense, commits a misdemeanor of the first
 1755  degree, punishable as provided in s. 775.082 or s. 775.083.
 1756         (f)(g) A qualified physician who issues a physician
 1757  certification for marijuana or a marijuana delivery device and
 1758  receives compensation from an MMTC a medical marijuana treatment
 1759  center related to the issuance of a physician certification for
 1760  marijuana or a marijuana delivery device is subject to
 1761  disciplinary action under the applicable practice act and s.
 1762  456.072(1)(n).
 1763         (g)(h) A person transporting marijuana or marijuana
 1764  delivery devices on behalf of an MMTC a medical marijuana
 1765  treatment center or marijuana testing laboratory who fails or
 1766  refuses to present a transportation manifest, whether in paper
 1767  or electronic format, upon the request of a law enforcement
 1768  officer commits a misdemeanor of the second degree, punishable
 1769  as provided in s. 775.082 or s. 775.083.
 1770         (h)(i) Persons and entities conducting activities
 1771  authorized and governed by this section and s. 381.988 are
 1772  subject to ss. 456.053, 456.054, and 817.505, as applicable.
 1773         (i)(j) A person or entity that cultivates, processes,
 1774  distributes, sells, or dispenses marijuana, as defined in s.
 1775  29(b)(4), Art. X of the State Constitution, and is not licensed
 1776  as an MMTC a medical marijuana treatment center violates s.
 1777  893.13 and is subject to the penalties provided therein. This
 1778  paragraph does not apply to a transfer of marijuana products or
 1779  marijuana which is authorized by this section, s. 381.990, or s.
 1780  893.13.
 1781         (j)(k) A person who manufactures, distributes, sells,
 1782  gives, or possesses with the intent to manufacture, distribute,
 1783  sell, or give marijuana or a marijuana delivery device that he
 1784  or she holds out to have originated from a licensed MMTC medical
 1785  marijuana treatment center but that is counterfeit commits a
 1786  felony of the third degree, punishable as provided in s.
 1787  775.082, s. 775.083, or s. 775.084. For the purposes of this
 1788  paragraph, the term “counterfeit” means marijuana; a marijuana
 1789  delivery device; or a marijuana or marijuana delivery device
 1790  container, seal, or label which, without authorization, bears
 1791  the trademark, trade name, or other identifying mark, imprint,
 1792  or device, or any likeness thereof, of a licensed MMTC medical
 1793  marijuana treatment center and which thereby falsely purports or
 1794  is represented to be the product of, or to have been distributed
 1795  by, that licensed MMTC medical marijuana treatment facility.
 1796         (k)(l) Any person who possesses or manufactures a blank,
 1797  forged, stolen, fictitious, fraudulent, counterfeit, or
 1798  otherwise unlawfully issued medical marijuana use registry
 1799  identification card commits a felony of the third degree,
 1800  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1801         (14) EXCEPTIONS TO OTHER LAWS.—
 1802         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1803  any other provision of law, but subject to the requirements of
 1804  this section, a qualified patient and the qualified patient’s
 1805  caregiver may purchase from a medical marijuana treatment center
 1806  (MMTC) for the patient’s medical use a marijuana delivery device
 1807  and up to the amount of marijuana authorized in the physician
 1808  certification, but may not possess more than a 70-day supply of
 1809  marijuana, or the greater of 4 ounces of marijuana in a form for
 1810  smoking or an amount of marijuana in a form for smoking approved
 1811  by the department pursuant to paragraph (4)(f), at any given
 1812  time and all marijuana purchased must remain in its original
 1813  packaging.
 1814         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
 1815  s. 893.147, or any other provision of law, a qualified patient
 1816  and the qualified patient’s caregiver may purchase and possess a
 1817  marijuana delivery device intended for the medical use of
 1818  marijuana by smoking from a vendor other than an MMTC a medical
 1819  marijuana treatment center.
 1820         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1821  any other provision of law, but subject to the requirements of
 1822  this section, an approved MMTC medical marijuana treatment
 1823  center and its owners, managers, and employees may manufacture,
 1824  possess, sell, deliver, distribute, dispense, and lawfully
 1825  dispose of marijuana or a marijuana delivery device as provided
 1826  in this section, s. 381.988, s. 381.990, and by department rule.
 1827  For the purposes of this subsection, the terms “manufacture,”
 1828  “possession,” “deliver,” “distribute,” and “dispense” have the
 1829  same meanings as provided in s. 893.02.
 1830         (e) A licensed MMTC medical marijuana treatment center and
 1831  its owners, managers, and employees are not subject to licensure
 1832  or regulation under chapter 465 or chapter 499 for
 1833  manufacturing, possessing, selling, delivering, distributing,
 1834  dispensing, or lawfully disposing of marijuana or a marijuana
 1835  delivery device, as provided in this section, in s. 381.988, and
 1836  by department rule.
 1837         (17) Rules adopted pursuant to this section before July 1,
 1838  2021, are not subject to ss. 120.54(3)(b) and 120.541. This
 1839  subsection expires July 1, 2021.
 1840         Section 3. Section 381.990, Florida Statutes, is created to
 1841  read:
 1842         381.990Adult use of marijuana.—
 1843         (1)A person 21 years of age or older may purchase
 1844  marijuana products containing up to 2,000 milligrams of
 1845  tetrahydrocannabinol; up to 2.5 ounces of marijuana in a form
 1846  for smoking; and one or more marijuana delivery devices, as
 1847  defined in s. 381.986, provided that such marijuana products,
 1848  marijuana in a form for smoking, and marijuana delivery devices
 1849  are purchased from a medical marijuana treatment center (MMTC)
 1850  that is licensed by the department pursuant to s. 381.986 for
 1851  the retail sale of marijuana and is registered by the Department
 1852  of Business and Professional Regulation for the sale of
 1853  marijuana for adult use. A violation of this subsection is
 1854  punishable as provided in s. 893.13.
 1855         (2)A person who purchases marijuana products, marijuana in
 1856  a form for smoking, or marijuana delivery devices in accordance
 1857  with subsection (1) may possess, use, transport, and transfer,
 1858  without consideration, to a person 21 years of age or older such
 1859  products or devices. However, a person may not possess at any
 1860  given time marijuana products that contain, in total, more than
 1861  2,000 milligrams of tetrahydrocannabinol or more than 4.0 ounces
 1862  of marijuana in a form for smoking. A violation of this
 1863  subsection is punishable as provided in s. 893.13.
 1864         (3)This section does not limit the ability of a private
 1865  property owner to restrict the smoking or vaping of marijuana on
 1866  his or her private property; however, a landlord may not prevent
 1867  his or her tenants from possessing or using marijuana by other
 1868  means.
 1869         (4)This section does not exempt a person from prosecution
 1870  for a criminal offense related to impairment or intoxication
 1871  resulting from the use of marijuana or relieve a person from any
 1872  requirement under law to submit to a breath, blood, urine, or
 1873  other test to detect the presence of a controlled substance.
 1874         Section 4. Effective July 1, 2021, the Department of
 1875  Agriculture and Consumer Services shall conduct a study on the
 1876  potential harms and benefits of allowing the cultivation of
 1877  marijuana by members of the public for private use, including
 1878  the use of a cooperative model. The department shall report the
 1879  results of the study to the Governor, the President of the
 1880  Senate, and the Speaker of the House of Representatives by
 1881  January 1, 2022.
 1882         Section 5. Subsection (3) and paragraphs (a) and (b) of
 1883  subsection (6) of section 893.13, Florida Statutes, are amended
 1884  to read:
 1885         893.13 Prohibited acts; penalties.—
 1886         (3)(a) A person 21 years of age or older may deliver,
 1887  without consideration, to another person 21 years of age or
 1888  older:
 1889         1. Marijuana products that contain a total of 2,000
 1890  milligrams or less of tetrahydrocannabinol; and
 1891         2.A quantity of 2.5 ounces or less of cannabis, as defined
 1892  in this chapter.
 1893         (b)A person younger than 21 years of age who delivers,
 1894  without consideration, to another person marijuana products that
 1895  contain a total of 2,000 milligrams or less of
 1896  tetrahydrocannabinol or a quantity of 2.5 ounces or less of
 1897  cannabis, as defined in this chapter, commits a misdemeanor of
 1898  the second degree, punishable as provided in s. 775.082 or s.
 1899  775.083, for a first conviction of a violation of this paragraph
 1900  and commits a misdemeanor of the first degree, punishable as
 1901  provided in s. 775.082 or s. 775.083, for a second or subsequent
 1902  conviction of a violation of this paragraph who delivers,
 1903  without consideration, 20 grams or less of cannabis, as defined
 1904  in this chapter, commits a misdemeanor of the first degree,
 1905  punishable as provided in s. 775.082 or s. 775.083. As used in
 1906  this subsection, the term “cannabis” does not include the resin
 1907  extracted from the plants of the genus Cannabis or any compound
 1908  manufacture, salt, derivative, mixture, or preparation of such
 1909  resin.
 1910         (6)(a) Except as otherwise provided in this subsection, a
 1911  person may not be in actual or constructive possession of a
 1912  controlled substance unless such controlled substance was
 1913  lawfully obtained from a practitioner or pursuant to a valid
 1914  prescription or order of a practitioner while acting in the
 1915  course of his or her professional practice or to be in actual or
 1916  constructive possession of a controlled substance except as
 1917  otherwise authorized by this chapter. A person who violates this
 1918  provision commits a felony of the third degree, punishable as
 1919  provided in s. 775.082, s. 775.083, or s. 775.084.
 1920         (b)1.A person 21 years of age or older may possess
 1921  marijuana products that contain a total of 2,000 milligrams or
 1922  less of tetrahydrocannabinol and may possess 4.0 ounces or less
 1923  of cannabis, as defined in this chapter If the offense is the
 1924  possession of 20 grams or less of cannabis, as defined in this
 1925  chapter, the person commits a misdemeanor of the first degree,
 1926  punishable as provided in s. 775.082 or s. 775.083. As used in
 1927  this subsection, the term “cannabis” does not include the resin
 1928  extracted from the plants of the genus Cannabis, or any compound
 1929  manufacture, salt, derivative, mixture, or preparation of such
 1930  resin.
 1931         2.A person under 21 years of age who possesses marijuana
 1932  products that contain a total of 2,000 milligrams or less of
 1933  tetrahydrocannabinol or who possesses 4.0 ounces or less of
 1934  cannabis, as defined in this chapter, commits a misdemeanor of
 1935  the second degree, punishable as provided in s. 775.082 or s.
 1936  775.083, for a first conviction of a violation of this
 1937  paragraph, and a misdemeanor of the first degree, punishable as
 1938  provided in s. 775.082 or s. 775.083, for a second or subsequent
 1939  conviction of a violation of this paragraph.
 1940         Section 6. Section 893.1352, Florida Statutes, is created
 1941  to read:
 1942         893.1352 Retroactive application of s. 893.13.
 1943         (1) It is the intent of the Legislature to retroactively
 1944  apply amendments to s. 893.13 to certain persons who were
 1945  convicted of possession of cannabis before January 1, 2022.
 1946         (2) As used in this section, a reference to former s.
 1947  893.13, Florida Statutes 2021,” is a reference to s. 893.13 as
 1948  it existed at any time before January 1, 2022.
 1949         (3)(a) A person who was convicted of a violation of former
 1950  s. 893.13, Florida Statutes 2021, for possessing 4.0 ounces or
 1951  less of cannabis as defined in chapter 893, but was not
 1952  sentenced under that section before January 1, 2022, must be
 1953  sentenced in accordance with s. 775.082, s. 775.083, or s.
 1954  775.084 for the degree of offense as provided for in s. 893.13.
 1955         (b) A person who was convicted of a violation of former s.
 1956  893.13, Florida Statutes 2021, for possessing 4.0 ounces or less
 1957  of cannabis as defined in chapter 893, who was sentenced before
 1958  January 1, 2022, to a term of imprisonment or probation pursuant
 1959  to former s. 893.13, Florida Statutes 2021, and who is serving
 1960  the term of imprisonment or probation on or after January 1,
 1961  2022, must have an opportunity for a sentence review hearing. If
 1962  the person requests a sentence review hearing, he or she must be
 1963  resentenced in accordance with paragraph (c).
 1964         (c) Resentencing under this section must occur in the
 1965  following manner:
 1966         1. The Department of Corrections shall notify the person
 1967  described in paragraph (b) of his or her eligibility to request
 1968  a sentence review hearing.
 1969         2. A person seeking sentence review under this section may
 1970  submit an application to the court of original jurisdiction
 1971  requesting that a sentence review hearing be held. The
 1972  sentencing court retains original jurisdiction for the duration
 1973  of the sentence for the purpose of this review.
 1974         3.A person who is eligible for a sentence review hearing
 1975  under this section is entitled to representation by legal
 1976  counsel. If the person is indigent and unable to employ counsel,
 1977  the court shall appoint counsel under s. 27.52. Determination of
 1978  indigence and costs of representation is as provided in ss.
 1979  27.52 and 938.29.
 1980         4. Upon receipt of a request for a sentence review hearing,
 1981  the court of original jurisdiction shall hold such a hearing to
 1982  determine if the person meets the criteria for resentencing
 1983  under this section. If the court determines by a preponderance
 1984  of the evidence that the person is currently serving a sentence
 1985  for a violation of former s. 893.13, Florida Statutes 2021, and
 1986  that the violation was for possession of cannabis in the amount
 1987  of 4.0 ounces or less, the court shall resentence the person in
 1988  accordance with this section. If the court determines that the
 1989  person does not meet the criteria for resentencing under this
 1990  section, the court must provide written findings as to why the
 1991  person does not meet the criteria.
 1992         5. If the court finds that the underlying facts of the
 1993  person’s conviction that is subject to resentencing are
 1994  classified as a crime under s. 893.13, the person must be
 1995  resentenced to a term that would not exceed the maximum sentence
 1996  provided by that section. The person is entitled to receive
 1997  credit for his or her time served.
 1998         6. If the court finds that the underlying facts of the
 1999  person’s conviction that is subject to resentencing are not
 2000  classified as a crime under s. 893.13, the person must be
 2001  resentenced to time served and released from supervision as soon
 2002  as reasonably possible.
 2003         (4)Notwithstanding any other law, a person who has been
 2004  convicted of a crime under former s. 893.13, Florida Statutes
 2005  2021, and whose offense would not be classified as a crime under
 2006  s. 893.13, must have all fines, fees, and costs related to such
 2007  conviction waived.
 2008         Section 7. Present subsections (5), (6), and (7) of section
 2009  893.147, Florida Statutes, are redesignated as subsections (6),
 2010  (7), and (8), respectively, a new subsection (5) is added to
 2011  that section, and subsections (1), (2), and (4) of that section
 2012  are amended, to read:
 2013         893.147 Use, possession, manufacture, delivery,
 2014  transportation, advertisement, or retail sale of drug
 2015  paraphernalia, specified machines, and materials.—
 2016         (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as
 2017  provided in subsection (5), it is unlawful for any person to
 2018  use, or to possess with intent to use, drug paraphernalia:
 2019         (a) To plant, propagate, cultivate, grow, harvest,
 2020  manufacture, compound, convert, produce, process, prepare, test,
 2021  analyze, pack, repack, store, contain, or conceal a controlled
 2022  substance in violation of this chapter; or
 2023         (b) To inject, ingest, inhale, or otherwise introduce into
 2024  the human body a controlled substance in violation of this
 2025  chapter.
 2026  
 2027  Any person who violates this subsection is guilty of a
 2028  misdemeanor of the first degree, punishable as provided in s.
 2029  775.082 or s. 775.083.
 2030         (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except
 2031  as provided in subsection (5), it is unlawful for any person to
 2032  deliver, possess with intent to deliver, or manufacture with
 2033  intent to deliver drug paraphernalia, knowing, or under
 2034  circumstances where one reasonably should know, that it will be
 2035  used:
 2036         (a) To plant, propagate, cultivate, grow, harvest,
 2037  manufacture, compound, convert, produce, process, prepare, test,
 2038  analyze, pack, repack, store, contain, or conceal a controlled
 2039  substance in violation of this act; or
 2040         (b) To inject, ingest, inhale, or otherwise introduce into
 2041  the human body a controlled substance in violation of this act.
 2042  
 2043  Any person who violates this subsection is guilty of a felony of
 2044  the third degree, punishable as provided in s. 775.082, s.
 2045  775.083, or s. 775.084.
 2046         (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as
 2047  provided in subsection (5), it is unlawful to use, possess with
 2048  the intent to use, or manufacture with the intent to use drug
 2049  paraphernalia, knowing or under circumstances in which one
 2050  reasonably should know that it will be used to transport:
 2051         (a) A controlled substance in violation of this chapter; or
 2052         (b) Contraband as defined in s. 932.701(2)(a)1.
 2053  
 2054  Any person who violates this subsection commits a felony of the
 2055  third degree, punishable as provided in s. 775.082, s. 775.083,
 2056  or s. 775.084.
 2057         (5)ACTS INVOLVING A MARIJUANA DELIVERY DEVICE.—
 2058         (a) A person 21 years of age or older may possess, use,
 2059  transport, or deliver, without consideration, to a person 21
 2060  years of age or older a marijuana delivery device, as defined in
 2061  s. 381.986.
 2062         (b) A person younger than 21 years of age who possesses,
 2063  uses, transports, or delivers, without consideration, to a
 2064  person 21 years of age or older a marijuana delivery device, as
 2065  defined in s. 381.986, commits a misdemeanor of the second
 2066  degree, punishable as provided in s. 775.082 or s. 775.083 for a
 2067  first conviction of a violation of this paragraph, and a
 2068  misdemeanor of the first degree, punishable as provided in s.
 2069  775.082 or s. 775.083, for a second or subsequent conviction of
 2070  a violation of this paragraph.
 2071         Section 8. Section 943.0586, Florida Statutes, is created
 2072  to read:
 2073         943.0586 Cannabis expunction.—
 2074         (1)DEFINITIONS.—As used in this section, the term:
 2075         (a) “Cannabis” has the same meaning as provided in chapter
 2076  893.
 2077         (b) “Expunction” has the same meaning and effect as
 2078  provided in s. 943.0585.
 2079         (c) “Former s. 893.13, Florida Statutes 2021,” is a
 2080  reference to s. 893.13 as it existed at any time before January
 2081  1, 2022.
 2082         (2) ELIGIBILITY.—Notwithstanding any other law, a person is
 2083  eligible to petition a court to expunge a criminal history
 2084  record for the conviction of former s. 893.13, Florida Statutes
 2085  2021, if:
 2086         (a)The person received a withholding of adjudication or
 2087  adjudication of guilt for a violation of former 893.13, Florida
 2088  Statutes 2021, for the possession of cannabis;
 2089         (b)The person possessed 4.0 ounces or less of cannabis;
 2090  and
 2091         (c)The person is no longer under court supervision related
 2092  to the disposition of arrest or alleged criminal activity to
 2093  which the petition to expunge pertains.
 2094         (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
 2095  to expunge a criminal history record under this section, a
 2096  person seeking to expunge a criminal history record must apply
 2097  to the department for a certificate of eligibility for
 2098  expunction. The department shall adopt rules to establish
 2099  procedures for applying for and issuing a certificate of
 2100  eligibility for expunction.
 2101         (a) The department shall issue a certificate of eligibility
 2102  for expunction to a person who is the subject of a criminal
 2103  history record under this section, if that person:
 2104         1. Satisfies the eligibility criteria in subsection (2);
 2105         2. Has submitted to the department a written certified
 2106  statement from the appropriate state attorney or statewide
 2107  prosecutor which confirms the criminal history record complies
 2108  with the criteria in subsection (2); and
 2109         3. Has submitted to the department a certified copy of the
 2110  disposition of the charge to which the petition to expunge
 2111  pertains.
 2112         (b) A certificate of eligibility for expunction is valid
 2113  for 12 months after the date of issuance stamped by the
 2114  department on the certificate. After that time, the petitioner
 2115  must reapply to the department for a new certificate of
 2116  eligibility. The petitioner’s status and the law in effect at
 2117  the time of the renewal application determine the petitioner’s
 2118  eligibility.
 2119         (4) PETITION.—Each petition to expunge a criminal history
 2120  record must be accompanied by:
 2121         (a) A valid certificate of eligibility issued by the
 2122  department.
 2123         (b) The petitioner’s sworn statement that he or she:
 2124         1. Satisfies the eligibility requirements for expunction in
 2125  subsection (2); and
 2126         2. Is eligible for expunction to the best of his or her
 2127  knowledge.
 2128         (5) PENALTIES.—A person who knowingly provides false
 2129  information on his or her sworn statement submitted with a
 2130  petition to expunge commits a felony of the third degree,
 2131  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2132         (6) COURT AUTHORITY.—
 2133         (a)The courts of this state have jurisdiction over their
 2134  own procedures, including the maintenance, expunction, and
 2135  correction of judicial records containing criminal history
 2136  information to the extent that such procedures are not
 2137  inconsistent with the conditions, responsibilities, and duties
 2138  established by this section.
 2139         (b) A court of competent jurisdiction shall order a
 2140  criminal justice agency to expunge the criminal history record
 2141  of a person who complies with this section. The court may not
 2142  order a criminal justice agency to expunge a criminal history
 2143  record under this section until the person seeking to expunge a
 2144  criminal history record has applied for and received a
 2145  certificate of eligibility under subsection (3).
 2146         (c)Expunction granted under this section does not prevent
 2147  the person who receives such relief from petitioning for the
 2148  expunction or sealing of a later criminal history record as
 2149  provided for in ss. 943.0583, 943.0585, and 943.059, if the
 2150  person is otherwise eligible under those sections.
 2151         (7) PROCESSING OF A PETITION OR AN ORDER.—
 2152         (a) In judicial proceedings under this section, a copy of
 2153  the completed petition to expunge must be served upon the
 2154  appropriate state attorney or the statewide prosecutor and upon
 2155  the arresting agency; however, it is not necessary to make any
 2156  agency other than the state a party. The appropriate state
 2157  attorney or the statewide prosecutor and the arresting agency
 2158  may respond to the court regarding the completed petition to
 2159  expunge.
 2160         (b)If relief is granted by the court, the clerk of the
 2161  court shall certify copies of the order to the appropriate state
 2162  attorney or the statewide prosecutor and the arresting agency.
 2163  The arresting agency shall forward the order to any other agency
 2164  to which the arresting agency disseminated the criminal history
 2165  record information to which the order pertains. The department
 2166  shall forward the order to expunge to the Federal Bureau of
 2167  Investigation. The clerk of the court shall certify a copy of
 2168  the order to any other agency that the records of the court
 2169  reflect has received the criminal history record from the court.
 2170         (c)The department or any other criminal justice agency is
 2171  not required to act on an order to expunge entered by a court if
 2172  such order does not meet the requirements of this section. Upon
 2173  receipt of such an order, the department shall notify the
 2174  issuing court, the appropriate state attorney or statewide
 2175  prosecutor, the petitioner or the petitioner’s attorney, and the
 2176  arresting agency of the reason for noncompliance. The
 2177  appropriate state attorney or statewide prosecutor shall take
 2178  action within 60 days to correct the record and petition the
 2179  court to void the order. No cause of action, including contempt
 2180  of court, may arise against any criminal justice agency for
 2181  failure to comply with an order to expunge if the petitioner for
 2182  such order failed to obtain the certificate of eligibility as
 2183  required by this section or such order does not otherwise meet
 2184  the requirements of this section.
 2185         (8) EFFECT OF CANNABIS EXPUNCTION ORDER.—
 2186         (a)The person who is the subject of a criminal history
 2187  record that is expunged under this section may lawfully deny or
 2188  fail to acknowledge the arrests and convictions covered by the
 2189  expunged record, except if the person who is the subject of the
 2190  record:
 2191         1. Is a candidate for employment with a criminal justice
 2192  agency;
 2193         2. Is a defendant in a criminal prosecution;
 2194         3. Concurrently or subsequently petitions for relief under
 2195  this section, s. 943.0583, s. 943.0585, or s. 943.059;
 2196         4. Is a candidate for admission to The Florida Bar;
 2197         5. Is seeking to be employed or licensed by or to contract
 2198  with the Department of Children and Families, the Division of
 2199  Vocational Rehabilitation within the Department of Education,
 2200  the Agency for Health Care Administration, the Agency for
 2201  Persons with Disabilities, the Department of Health, the
 2202  Department of Elderly Affairs, or the Department of Juvenile
 2203  Justice or to be employed or used by such contractor or licensee
 2204  in a sensitive position having direct contact with children,
 2205  persons with disabilities, or the elderly;
 2206         6. Is seeking to be employed or licensed by the Department
 2207  of Education, any district school board, any university
 2208  laboratory school, any charter school, any private or parochial
 2209  school, or any local governmental entity that licenses child
 2210  care facilities;
 2211         7. Is seeking to be licensed by the Division of Insurance
 2212  Agent and Agency Services within the Department of Financial
 2213  Services; or
 2214         8. Is seeking to be appointed as a guardian pursuant to s.
 2215  744.3125.
 2216         (b)A person who has been granted an expunction under this
 2217  section and who is authorized under paragraph (a) to lawfully
 2218  deny or fail to acknowledge the arrests and convictions covered
 2219  by an expunged record may not be held under any law of this
 2220  state to have committed perjury or to be otherwise liable for
 2221  giving a false statement by reason of his or her failure to
 2222  recite or acknowledge an expunged criminal history record.
 2223         Section 9. Section 893.15, Florida Statutes, is amended to
 2224  read:
 2225         893.15 Rehabilitation.—Any person who violates s.
 2226  893.13(6)(a) or (b) relating to possession may, in the
 2227  discretion of the trial judge, be required to participate in a
 2228  substance abuse services program approved or regulated by the
 2229  Department of Children and Families pursuant to the provisions
 2230  of chapter 397, provided the director of such program approves
 2231  the placement of the defendant in such program. Such required
 2232  participation shall be imposed in addition to any penalty or
 2233  probation otherwise prescribed by law. However, the total time
 2234  of such penalty, probation, and program participation shall not
 2235  exceed the maximum length of sentence possible for the offense.
 2236         Section 10. Except as otherwise expressly provided in this
 2237  act and except for this section, which shall take effect upon
 2238  becoming a law, this act shall take effect January 1, 2022.