Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1270
Ì649992[Î649992
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2025 .
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The Committee on Rules (Collins) recommended the following:
1 Senate Amendment
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3 Delete lines 365 - 784
4 and insert:
5 an agreement, or a contract.
6 b. “Owner” means any person who owns or controls a 5
7 percent or greater share of interests of the applicant or a
8 medical marijuana treatment center which include beneficial or
9 voting rights to interests. In the event that one person owns a
10 beneficial right to interests and another person holds the
11 voting rights with respect to such interests, then in such case,
12 both are considered the owner of such interests.
13 9. The employment of a medical director to supervise the
14 activities of the medical marijuana treatment center.
15 10. A diversity plan that promotes and ensures the
16 involvement of minority persons and minority business
17 enterprises, as defined in s. 288.703, or veteran business
18 enterprises, as defined in s. 295.187, in ownership, management,
19 and employment. An applicant for licensure renewal must show the
20 effectiveness of the diversity plan by including the following
21 with his or her application for renewal:
22 a. Representation of minority persons and veterans in the
23 medical marijuana treatment center’s workforce;
24 b. Efforts to recruit minority persons and veterans for
25 employment; and
26 c. A record of contracts for services with minority
27 business enterprises and veteran business enterprises.
28 (e) A licensed medical marijuana treatment center shall
29 cultivate, process, transport, and dispense marijuana for
30 medical use. A licensed medical marijuana treatment center may
31 not contract for services directly related to the cultivation,
32 processing, and dispensing of marijuana or marijuana delivery
33 devices, except that a medical marijuana treatment center
34 licensed pursuant to subparagraph (a)1. may contract with a
35 single entity for the cultivation, processing, transporting, and
36 dispensing of marijuana and marijuana delivery devices. A
37 licensed medical marijuana treatment center shall must, at all
38 times, maintain compliance with the criteria demonstrated and
39 representations made in the initial application and the criteria
40 established in this subsection. Upon request, the department may
41 grant a medical marijuana treatment center a variance from the
42 representations made in the initial application. Consideration
43 of such a request must shall be based upon the individual facts
44 and circumstances surrounding the request. A variance may not be
45 granted unless the requesting medical marijuana treatment center
46 can demonstrate to the department that it has a proposed
47 alternative to the specific representation made in its
48 application which fulfills the same or a similar purpose as the
49 specific representation in a way that the department can
50 reasonably determine will not be a lower standard than the
51 specific representation in the application. A variance may not
52 be granted from the requirements in subparagraph 2. and
53 subparagraphs (b)1. and 2.
54 1. A licensed medical marijuana treatment center may
55 transfer ownership to an individual or entity who meets the
56 requirements of this section. A publicly traded corporation or
57 publicly traded company that meets the requirements of this
58 section is not precluded from ownership of a medical marijuana
59 treatment center. To accommodate a change in ownership:
60 a. The licensed medical marijuana treatment center shall
61 notify the department in writing at least 60 days before the
62 anticipated date of the change of ownership.
63 b. The individual or entity applying for initial licensure
64 due to a change of ownership must submit an application that
65 must be received by the department at least 60 days before the
66 date of change of ownership.
67 c. Upon receipt of an application for a license, the
68 department shall examine the application and, within 30 days
69 after receipt, notify the applicant in writing of any apparent
70 errors or omissions and request any additional information
71 required.
72 d. Requested information omitted from an application for
73 licensure must be filed with the department within 21 days after
74 the department’s request for omitted information or the
75 application will shall be deemed incomplete and shall be
76 withdrawn from further consideration and the fees shall be
77 forfeited.
78 e. Within 30 days after the receipt of a complete
79 application, the department shall approve or deny the
80 application.
81 2. A medical marijuana treatment center, and any individual
82 or entity who directly or indirectly owns, controls, or holds
83 with power to vote 5 percent or more of the voting shares of a
84 medical marijuana treatment center, may not acquire direct or
85 indirect ownership or control of any voting shares or other form
86 of ownership of any other medical marijuana treatment center.
87 3. A medical marijuana treatment center may not enter into
88 any form of profit-sharing arrangement with the property owner
89 or lessor of any of its facilities where cultivation,
90 processing, storing, or dispensing of marijuana and marijuana
91 delivery devices occurs.
92 4. All employees of a medical marijuana treatment center
93 must be 21 years of age or older and have passed a background
94 screening pursuant to subsection (9). As used in this
95 subparagraph, the term “employee” means any person employed by a
96 medical marijuana treatment center licensee in any capacity,
97 including those whose duties involve any aspect of the
98 cultivation, processing, transportation, or dispensing of
99 marijuana. This requirement applies to all employees, regardless
100 of the compensation received.
101 5. Each medical marijuana treatment center must adopt and
102 enforce policies and procedures to ensure employees and
103 volunteers receive training on the legal requirements to
104 dispense marijuana to qualified patients.
105 6. When growing marijuana, a medical marijuana treatment
106 center:
107 a. May use pesticides determined by the department, after
108 consultation with the Department of Agriculture and Consumer
109 Services, to be safely applied to plants intended for human
110 consumption, but may not use pesticides designated as
111 restricted-use pesticides pursuant to s. 487.042.
112 b. Must grow marijuana within an enclosed structure and in
113 a room separate from any other plant.
114 c. Must inspect seeds and growing plants for plant pests
115 that endanger or threaten the horticultural and agricultural
116 interests of the state in accordance with chapter 581 and any
117 rules adopted thereunder.
118 d. Must perform fumigation or treatment of plants, or
119 remove and destroy infested or infected plants, in accordance
120 with chapter 581 and any rules adopted thereunder.
121 7. Each medical marijuana treatment center must produce and
122 make available for purchase at least one low-THC cannabis
123 product.
124 8. A medical marijuana treatment center that produces
125 edibles must hold a permit to operate as a food establishment
126 pursuant to chapter 500, the Florida Food Safety Act, and must
127 comply with all the requirements for food establishments
128 pursuant to chapter 500 and any rules adopted thereunder.
129 Edibles may not contain more than 200 milligrams of
130 tetrahydrocannabinol, and a single serving portion of an edible
131 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
132 may not have a potency variance of no greater than 15 percent.
133 Marijuana products, including edibles, may not be attractive to
134 children; be manufactured in the shape of humans, cartoons, or
135 animals; be manufactured in a form that bears any reasonable
136 resemblance to products available for consumption as
137 commercially available candy; or contain any color additives. To
138 discourage consumption of edibles by children, the department
139 shall determine by rule any shapes, forms, and ingredients
140 allowed and prohibited for edibles. Medical marijuana treatment
141 centers may not begin processing or dispensing edibles until
142 after the effective date of the rule. The department shall also
143 adopt sanitation rules providing the standards and requirements
144 for the storage, display, or dispensing of edibles.
145 9. Within 12 months after licensure, a medical marijuana
146 treatment center must demonstrate to the department that all of
147 its processing facilities have passed a Food Safety Good
148 Manufacturing Practices, such as Global Food Safety Initiative
149 or equivalent, inspection by a nationally accredited certifying
150 body. A medical marijuana treatment center must immediately stop
151 processing at any facility which fails to pass this inspection
152 until it demonstrates to the department that such facility has
153 met this requirement.
154 10. A medical marijuana treatment center that produces
155 prerolled marijuana cigarettes may not use wrapping paper made
156 with tobacco or hemp.
157 11. When processing marijuana, a medical marijuana
158 treatment center must:
159 a. Process the marijuana within an enclosed structure and
160 in a room separate from other plants or products.
161 b. Comply with department rules when processing marijuana
162 with hydrocarbon solvents or other solvents or gases exhibiting
163 potential toxicity to humans. The department shall determine by
164 rule the requirements for medical marijuana treatment centers to
165 use such solvents or gases exhibiting potential toxicity to
166 humans.
167 c. Comply with federal and state laws and regulations and
168 department rules for solid and liquid wastes. The department
169 shall determine by rule procedures for the storage, handling,
170 transportation, management, and disposal of solid and liquid
171 waste generated during marijuana production and processing. The
172 Department of Environmental Protection shall assist the
173 department in developing such rules.
174 d. Test the processed marijuana using a medical marijuana
175 testing laboratory before it is dispensed. Results must be
176 verified and signed by two medical marijuana treatment center
177 employees. Before dispensing, the medical marijuana treatment
178 center must determine that the test results indicate that low
179 THC cannabis meets the definition of low-THC cannabis, the
180 concentration of tetrahydrocannabinol meets the potency
181 requirements of this section, the labeling of the concentration
182 of tetrahydrocannabinol and cannabidiol is accurate, and all
183 marijuana is safe for human consumption and free from
184 contaminants that are unsafe for human consumption. The
185 department shall determine by rule which contaminants must be
186 tested for and the maximum levels of each contaminant which are
187 safe for human consumption. The Department of Agriculture and
188 Consumer Services shall assist the department in developing the
189 testing requirements for contaminants that are unsafe for human
190 consumption in edibles. The department shall also determine by
191 rule the procedures for the treatment of marijuana that fails to
192 meet the testing requirements of this section, s. 381.988, or
193 department rule. The department may select samples of marijuana
194 from a medical marijuana treatment center facility which shall
195 be tested by the department to determine whether the marijuana
196 meets the potency requirements of this section, is safe for
197 human consumption, and is accurately labeled with the
198 tetrahydrocannabinol and cannabidiol concentration or to verify
199 the result of marijuana testing conducted by a marijuana testing
200 laboratory. The department may also select samples of marijuana
201 delivery devices from a medical marijuana treatment center to
202 determine whether the marijuana delivery device is safe for use
203 by qualified patients. A medical marijuana treatment center may
204 not require payment from the department for the sample. A
205 medical marijuana treatment center must recall marijuana,
206 including all marijuana and marijuana products made from the
207 same batch of marijuana, that fails to meet the potency
208 requirements of this section, that is unsafe for human
209 consumption, or for which the labeling of the
210 tetrahydrocannabinol and cannabidiol concentration is
211 inaccurate. The department shall adopt rules to establish
212 marijuana potency variations of no greater than 15 percent using
213 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
214 for, but is not limited to, time lapses between testing, testing
215 methods, testing instruments, and types of marijuana sampled for
216 testing. The department may not issue any recalls for product
217 potency as it relates to product labeling before issuing a rule
218 relating to potency variation standards. A medical marijuana
219 treatment center must also recall all marijuana delivery devices
220 determined to be unsafe for use by qualified patients. The
221 medical marijuana treatment center must retain records of all
222 testing and samples of each homogeneous batch of marijuana for
223 at least 9 months. The medical marijuana treatment center must
224 contract with a marijuana testing laboratory to perform audits
225 on the medical marijuana treatment center’s standard operating
226 procedures, testing records, and samples and provide the results
227 to the department to confirm that the marijuana or low-THC
228 cannabis meets the requirements of this section and that the
229 marijuana or low-THC cannabis is safe for human consumption. A
230 medical marijuana treatment center shall reserve two processed
231 samples from each batch and retain such samples for at least 9
232 months for the purpose of such audits. A medical marijuana
233 treatment center may use a laboratory that has not been
234 certified by the department under s. 381.988 until such time as
235 at least one laboratory holds the required certification, but in
236 no event later than July 1, 2018.
237 e. Package the marijuana in compliance with the United
238 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
239 1471 et seq.
240 f. Package the marijuana in a receptacle that has a firmly
241 affixed and legible label stating the following information:
242 (I) The marijuana or low-THC cannabis meets the
243 requirements of sub-subparagraph d.
244 (II) The name of the medical marijuana treatment center
245 from which the marijuana originates.
246 (III) The batch number and harvest number from which the
247 marijuana originates and the date dispensed.
248 (IV) The name of the physician who issued the physician
249 certification.
250 (V) The name of the patient.
251 (VI) The product name, if applicable, and dosage form,
252 including concentration of tetrahydrocannabinol and cannabidiol.
253 The product name may not contain wording commonly associated
254 with products that are attractive to children or which promote
255 the recreational use of marijuana.
256 (VII) The recommended dose.
257 (VIII) A warning that it is illegal to transfer medical
258 marijuana to another person.
259 (IX) A marijuana universal symbol developed by the
260 department.
261 12. The medical marijuana treatment center shall include in
262 each package a patient package insert with information on the
263 specific product dispensed related to:
264 a. Clinical pharmacology.
265 b. Indications and use.
266 c. Dosage and administration.
267 d. Dosage forms and strengths.
268 e. Contraindications.
269 f. Warnings and precautions.
270 g. Adverse reactions.
271 13. In addition to the packaging and labeling requirements
272 specified in subparagraphs 11. and 12., marijuana in a form for
273 smoking must be packaged in a sealed receptacle with a legible
274 and prominent warning to keep away from children and a warning
275 that states marijuana smoke contains carcinogens and may
276 negatively affect health. Such receptacles for marijuana in a
277 form for smoking must be plain, opaque, and white without
278 depictions of the product or images other than the medical
279 marijuana treatment center’s department-approved logo and the
280 marijuana universal symbol.
281 14. The department shall adopt rules to regulate the types,
282 appearance, and labeling of marijuana delivery devices dispensed
283 from a medical marijuana treatment center. The rules must
284 require marijuana delivery devices to have an appearance
285 consistent with medical use.
286 15. Each edible must be individually sealed in plain,
287 opaque wrapping marked only with the marijuana universal symbol.
288 Where practical, each edible must be marked with the marijuana
289 universal symbol. In addition to the packaging and labeling
290 requirements in subparagraphs 11. and 12., edible receptacles
291 must be plain, opaque, and white without depictions of the
292 product or images other than the medical marijuana treatment
293 center’s department-approved logo and the marijuana universal
294 symbol. The receptacle must also include a list of all the
295 edible’s ingredients, storage instructions, an expiration date,
296 a legible and prominent warning to keep away from children and
297 pets, and a warning that the edible has not been produced or
298 inspected pursuant to federal food safety laws.
299 16. When dispensing marijuana or a marijuana delivery
300 device, a medical marijuana treatment center:
301 a. May dispense any active, valid order for low-THC
302 cannabis, medical cannabis and cannabis delivery devices issued
303 pursuant to former s. 381.986, Florida Statutes 2016, which was
304 entered into the medical marijuana use registry before July 1,
305 2017.
306 b. May not dispense more than a 70-day supply of marijuana
307 within any 70-day period to a qualified patient or caregiver.
308 May not dispense more than one 35-day supply of marijuana in a
309 form for smoking within any 35-day period to a qualified patient
310 or caregiver. A 35-day supply of marijuana in a form for smoking
311 may not exceed 2.5 ounces unless an exception to this amount is
312 approved by the department pursuant to paragraph (4)(f).
313 c. Must have the medical marijuana treatment center’s
314 employee who dispenses the marijuana or a marijuana delivery
315 device enter into the medical marijuana use registry his or her
316 name or unique employee identifier.
317 d. Must verify that the qualified patient and the
318 caregiver, if applicable, each have an active registration in
319 the medical marijuana use registry and an active and valid
320 medical marijuana use registry identification card, the amount
321 and type of marijuana dispensed matches the physician
322 certification in the medical marijuana use registry for that
323 qualified patient, and the physician certification has not
324 already been filled.
325 e. May not dispense marijuana to a qualified patient who is
326 younger than 18 years of age. If the qualified patient is
327 younger than 18 years of age, marijuana may only be dispensed to
328 the qualified patient’s caregiver.
329 f. May not dispense or sell any other type of cannabis,
330 alcohol, or illicit drug-related product, including pipes or
331 wrapping papers made with tobacco or hemp, other than a
332 marijuana delivery device required for the medical use of
333 marijuana and which is specified in a physician certification.
334 g. Must, upon dispensing the marijuana or marijuana
335 delivery device, record in the registry the date, time,
336 quantity, and form of marijuana dispensed; the type of marijuana
337 delivery device dispensed; and the name and medical marijuana
338 use registry identification number of the qualified patient or
339 caregiver to whom the marijuana delivery device was dispensed.
340 h. Must ensure that patient records are not visible to
341 anyone other than the qualified patient, his or her caregiver,
342 and authorized medical marijuana treatment center employees.
343 (f) To ensure the safety and security of premises where the
344 cultivation, processing, storing, or dispensing of marijuana
345 occurs, and to maintain adequate controls against the diversion,
346 theft, and loss of marijuana or marijuana delivery devices, a
347 medical marijuana treatment center shall:
348 1.a. Maintain a fully operational security alarm system
349 that secures all entry points and perimeter windows and is
350 equipped with motion detectors; pressure switches; and duress,
351 panic, and hold-up alarms; and
352 b. Maintain a video surveillance system that records
353 continuously 24 hours a day and meets the following criteria:
354 (I) Cameras are fixed in a place that allows for the clear
355 identification of persons and activities in controlled areas of
356 the premises. Controlled areas include grow rooms, processing
357 rooms, storage rooms, disposal rooms or areas, and point-of-sale
358 rooms.
359 (II) Cameras are fixed in entrances and exits to the
360 premises, which must shall record from both indoor and outdoor,
361 or ingress and egress, vantage points.
362 (III) Recorded images must clearly and accurately display
363 the time and date.
364 (IV) Retain video surveillance recordings for at least 45
365 days or longer upon the request of a law enforcement agency.
366 2. Ensure that the medical marijuana treatment center’s
367 outdoor premises have sufficient lighting from dusk until dawn.
368 3. Ensure that the indoor premises where dispensing occurs
369 includes a waiting area with sufficient space and seating to
370 accommodate qualified patients and caregivers and at least one
371 private consultation area that is isolated from the waiting area
372 and area where dispensing occurs. A medical marijuana treatment
373 center may not display products or dispense marijuana or
374 marijuana delivery devices in the waiting area.
375 4. Not dispense from its premises marijuana or a marijuana
376 delivery device between the hours of 9 p.m. and 7 a.m., but may
377 perform all other operations and deliver marijuana to qualified
378 patients 24 hours a day.
379 5. Store marijuana in a secured, locked room or a vault.
380 6. Require at least two of its employees, or two employees
381 of a security agency with whom it contracts, to be on the
382 premises at all times where cultivation, processing, or storing
383 of marijuana occurs.
384 7. Require each employee or contractor to wear a photo
385 identification badge at all times while on the premises.
386 8. Require each visitor to wear a visitor pass at all times
387 while on the premises.
388 9. Implement an alcohol and drug-free workplace policy.
389 10. Report to local law enforcement and notify the
390 department through e-mail within 24 hours after the medical
391 marijuana treatment center is notified or becomes aware of any
392 actual or attempted the theft, diversion, or loss of marijuana.
393 Section 6. Paragraph (d) of subsection (1) of section
394 381.988, Florida Statutes, is amended to read:
395 381.988 Medical marijuana testing laboratories; marijuana
396 tests conducted by a certified laboratory.—
397 (1) A person or entity seeking to be a certified marijuana
398 testing laboratory must:
399 (d) Require all employees, owners, and managers to submit
400 to and pass a level 2 background screening pursuant to chapter
401 435. The department shall deny certification if the person or
402 entity seeking certification has a disqualifying offense as
403 provided in s. 435.04 or has an arrest awaiting final
404 disposition for, has been found guilty of, or has entered a plea
405 of guilty or nolo contendere to, regardless of adjudication, any
406 offense listed in chapter 837, chapter 895, or chapter 896 or
407 similar law of another jurisdiction. Exemptions from
408 disqualification as provided under s. 435.07 do not apply to
409 this paragraph.
410 1. As used in this paragraph, the term:
411 a. “Employee” means any person whose duties or activities
412 involve any aspect of regulatory compliance testing or research
413 and development testing of marijuana for a certified marijuana
414 testing laboratory, regardless of whether such person is
415 compensated for his or her work.
416 b. “Manager” means any person with authority to exercise or
417 contribute to the operational control, direction, or management
418 of an applicant or certified marijuana testing laboratory or who
419 has authority to supervise any employee of an applicant or a
420 certified marijuana testing laboratory. The term includes an
421 individual with the power or authority to direct or influence
422 the direction or operation of an applicant or a certified
423 marijuana testing laboratory through board membership, an
424 agreement, or a contract.