Florida Senate - 2018                                    SB 1336
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-01132-18                                           20181336__
    1                        A bill to be entitled                      
    2         An act relating to medical marijuana retail
    3         facilities; amending s. 381.986, F.S.; revising
    4         definitions of the terms “edibles,” “low-THC
    5         cannabis,” “marijuana,” and “marijuana delivery
    6         device” to include items that are dispensed by a
    7         medical marijuana retail facility; defining the term
    8         “medical marijuana retail facility”; revising the
    9         definition of the term “medical use” to include the
   10         use of marijuana dispensed by a medical marijuana
   11         retail facility; revising the definition of the term
   12         “physician certification” to authorize a qualified
   13         patient to receive marijuana and a marijuana delivery
   14         device from a medical marijuana retail facility;
   15         prohibiting qualified physicians and caregivers from
   16         being employed by or having an economic interest in a
   17         medical marijuana retail facility; requiring that the
   18         medical marijuana use registry maintained by the
   19         Department of Health be accessible to medical
   20         marijuana retail facilities for certain verification
   21         purposes; revising provisions to authorize medical
   22         marijuana retail facilities to dispense marijuana,
   23         marijuana delivery devices, and edibles under certain
   24         conditions; providing that a medical marijuana retail
   25         facility is not subject to certain dispensing facility
   26         requirements; requiring that the computer seed-to-sale
   27         marijuana tracking system that is maintained by the
   28         department be used by medical marijuana retail
   29         facilities; specifying that a medical marijuana
   30         treatment center may contract with no more than a
   31         specified number of medical marijuana retail
   32         facilities; prohibiting a medical marijuana treatment
   33         center from owning or operating a medical marijuana
   34         retail facility; requiring the department to license
   35         medical marijuana retail facilities, beginning on a
   36         specified date, for a specified purpose; requiring the
   37         department to adopt rules related to the application
   38         form and establishing a procedure for the issuance and
   39         biennial renewal of licenses, including fees;
   40         requiring that the department identify applicants with
   41         strong diversity plans and implement training and
   42         other educational programs to enable certain minority
   43         persons and enterprises to qualify for licensure;
   44         prohibiting an individual identified as an applicant,
   45         owner, officer, board member, or manager from being
   46         listed as such on more than one application for
   47         licensure as a medical marijuana retail facility;
   48         prohibiting an individual or entity from being awarded
   49         more than one facility license; providing that each
   50         such license is valid for only one physical location;
   51         prohibiting a medical marijuana treatment center from
   52         being awarded a license as a medical marijuana retail
   53         facility; requiring that applicants demonstrate that
   54         they satisfy certain criteria; prohibiting a medical
   55         marijuana retail facility from making a wholesale
   56         purchase of marijuana from a medical marijuana
   57         treatment center and from transporting marijuana,
   58         marijuana delivery devices, or edibles; specifying
   59         that a medical marijuana retail facility may only
   60         contract with one medical marijuana treatment center;
   61         providing requirements for the transfer of ownership
   62         of a medical marijuana retail facility; prohibiting
   63         medical marijuana retail facilities and any
   64         individuals who control or have a certain ownership or
   65         voting interest in such facilities from acquiring
   66         certain direct or indirect ownership or control of
   67         another medical marijuana retail facility; prohibiting
   68         certain profit-sharing arrangements; providing
   69         operational and dispensing requirements and
   70         prohibitions for medical marijuana retail facilities;
   71         prohibiting a medical marijuana retail facility from
   72         engaging in Internet sales; prohibiting certain
   73         medical marijuana retail facility advertising and
   74         providing exceptions; requiring that certain
   75         information be posted on a medical marijuana retail
   76         facility website; authorizing the department to adopt
   77         rules; requiring the department to establish
   78         procedures for operation, conduct periodic
   79         inspections, and restrict the location of such
   80         facilities; authorizing counties and municipalities to
   81         determine the location of such facilities by ordinance
   82         under certain conditions; imposing criminal penalties
   83         on persons or entities that engage in specified
   84         unlicensed activities; providing that a medical
   85         marijuana retail facility and its owners, managers,
   86         and employees are exempt from prosecution for certain
   87         offenses and from other specified regulation and
   88         requirements; amending s. 381.987, F.S.; requiring the
   89         department to allow a medical marijuana retail
   90         facility to access confidential and exempt information
   91         in the medical marijuana use registry for certain
   92         verification purposes; providing an effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsections (9) through (17) of section 381.986,
   97  Florida Statutes, are redesignated as subsections (10) through
   98  (18), respectively, subsections (1) and (3), paragraph (c) of
   99  subsection (4), paragraphs (a) and (f) of subsection (5),
  100  paragraph (b) of subsection (6), subsection (8), and present
  101  subsections (10), (11), (12), and (14) are amended, and a new
  102  subsection (9) is added to that section, to read:
  103         381.986 Medical use of marijuana.—
  104         (1) DEFINITIONS.—As used in this section, the term:
  105         (a) “Caregiver” means a resident of this state who has
  106  agreed to assist with a qualified patient’s medical use of
  107  marijuana, has a caregiver identification card, and meets the
  108  requirements of subsection (6).
  109         (b) “Chronic nonmalignant pain” means pain that is caused
  110  by a qualifying medical condition or that originates from a
  111  qualifying medical condition and persists beyond the usual
  112  course of that qualifying medical condition.
  113         (c) “Close relative” means a spouse, parent, sibling,
  114  grandparent, child, or grandchild, whether related by whole or
  115  half blood, by marriage, or by adoption.
  116         (d) “Edibles” means commercially produced food items made
  117  with marijuana oil, but no other form of marijuana, which that
  118  are produced and dispensed by a medical marijuana treatment
  119  center or dispensed by a medical marijuana retail facility.
  120         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
  121  the dried flowers of which contain 0.8 percent or less of
  122  tetrahydrocannabinol and more than 10 percent of cannabidiol
  123  weight for weight; the seeds thereof; the resin extracted from
  124  any part of such plant; or any compound, manufacture, salt,
  125  derivative, mixture, or preparation of such plant or its seeds
  126  or resin that is dispensed from a medical marijuana treatment
  127  center or a medical marijuana retail facility.
  128         (f) “Marijuana” means all parts of any plant of the genus
  129  Cannabis, whether growing or not; the seeds thereof; the resin
  130  extracted from any part of the plant; and every compound,
  131  manufacture, salt, derivative, mixture, or preparation of the
  132  plant or its seeds or resin, including low-THC cannabis, which
  133  are dispensed from a medical marijuana treatment center or a
  134  medical marijuana retail facility for medical use by a qualified
  135  patient.
  136         (g) “Marijuana delivery device” means an object used,
  137  intended for use, or designed for use in preparing, storing,
  138  ingesting, inhaling, or otherwise introducing marijuana into the
  139  human body, and which is dispensed from a medical marijuana
  140  treatment center or a medical marijuana retail facility for
  141  medical use by a qualified patient.
  142         (h) “Marijuana testing laboratory” means a facility that
  143  collects and analyzes marijuana samples from a medical marijuana
  144  treatment center and has been certified by the department
  145  pursuant to s. 381.988.
  146         (i) “Medical director” means a person who holds an active,
  147  unrestricted license as an allopathic physician under chapter
  148  458 or osteopathic physician under chapter 459 and is in
  149  compliance with the requirements of paragraph (3)(c).
  150         (j)“Medical marijuana retail facility” means a facility
  151  licensed by the department pursuant to subsection (9) to
  152  dispense medical marijuana and marijuana delivery devices
  153  acquired from a licensed medical marijuana treatment center to
  154  qualified patients and caregivers.
  155         (k)(j) “Medical use” means the acquisition, possession,
  156  use, delivery, transfer, or administration of marijuana
  157  authorized by a physician certification. The term does not
  158  include:
  159         1. Possession, use, or administration of marijuana that was
  160  not purchased or acquired from a medical marijuana treatment
  161  center or a medical marijuana retail facility.
  162         2. Possession, use, or administration of marijuana in a
  163  form for smoking, in the form of commercially produced food
  164  items other than edibles, or of marijuana seeds or flower,
  165  except for flower in a sealed, tamper-proof receptacle for
  166  vaping.
  167         3. Use or administration of any form or amount of marijuana
  168  in a manner that is inconsistent with the qualified physician’s
  169  directions or physician certification.
  170         4. Transfer of marijuana to a person other than the
  171  qualified patient for whom it was authorized or the qualified
  172  patient’s caregiver on behalf of the qualified patient.
  173         5. Use or administration of marijuana in the following
  174  locations:
  175         a. On any form of public transportation, except for low-THC
  176  cannabis.
  177         b. In any public place, except for low-THC cannabis.
  178         c. In a qualified patient’s place of employment, except
  179  when permitted by his or her employer.
  180         d. In a state correctional institution, as defined in s.
  181  944.02, or a correctional institution, as defined in s. 944.241.
  182         e. On the grounds of a preschool, primary school, or
  183  secondary school, except as provided in s. 1006.062.
  184         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  185  except for low-THC cannabis.
  186         (l)(k) “Physician certification” means a qualified
  187  physician’s authorization for a qualified patient to receive
  188  marijuana and a marijuana delivery device from a medical
  189  marijuana treatment center or a medical marijuana retail
  190  facility.
  191         (m)(l) “Qualified patient” means a resident of this state
  192  who has been added to the medical marijuana use registry by a
  193  qualified physician to receive marijuana or a marijuana delivery
  194  device for a medical use and who has a qualified patient
  195  identification card.
  196         (n)(m) “Qualified physician” means a person who holds an
  197  active, unrestricted license as an allopathic physician under
  198  chapter 458 or as an osteopathic physician under chapter 459 and
  199  is in compliance with the physician education requirements of
  200  subsection (3).
  201         (o)(n) “Smoking” means burning or igniting a substance and
  202  inhaling the smoke.
  203         (p)(o) “Terminal condition” means a progressive disease or
  204  medical or surgical condition that causes significant functional
  205  impairment, is not considered by a treating physician to be
  206  reversible without the administration of life-sustaining
  207  procedures, and will result in death within 1 year after
  208  diagnosis if the condition runs its normal course.
  209         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  210         (a) Before being approved as a qualified physician, as
  211  defined in paragraph (1)(n) paragraph (1)(m), and before each
  212  license renewal, a physician must successfully complete a 2-hour
  213  course and subsequent examination offered by the Florida Medical
  214  Association or the Florida Osteopathic Medical Association which
  215  encompass the requirements of this section and any rules adopted
  216  hereunder. The course and examination shall be administered at
  217  least annually and may be offered in a distance learning format,
  218  including an electronic, online format that is available upon
  219  request. The price of the course may not exceed $500. A
  220  physician who has met the physician education requirements of
  221  former s. 381.986(4), Florida Statutes 2016, before June 23,
  222  2017, shall be deemed to be in compliance with this paragraph
  223  from June 23, 2017, until 90 days after the course and
  224  examination required by this paragraph become available.
  225         (b) A qualified physician may not be employed by, or have
  226  any direct or indirect economic interest in, a medical marijuana
  227  treatment center, a medical marijuana retail facility, or a
  228  marijuana testing laboratory.
  229         (c) Before being employed as a medical director, as defined
  230  in paragraph (1)(i), and before each license renewal, a medical
  231  director must successfully complete a 2-hour course and
  232  subsequent examination offered by the Florida Medical
  233  Association or the Florida Osteopathic Medical Association which
  234  encompass the requirements of this section and any rules adopted
  235  hereunder. The course and examination shall be administered at
  236  least annually and may be offered in a distance learning format,
  237  including an electronic, online format that is available upon
  238  request. The price of the course may not exceed $500.
  239         (4) PHYSICIAN CERTIFICATION.—
  240         (c) A qualified physician may not issue a physician
  241  certification for more than three 70-day supply limits of
  242  marijuana. The department shall quantify by rule a daily dose
  243  amount with equivalent dose amounts for each allowable form of
  244  marijuana dispensed by a medical marijuana treatment center or a
  245  medical marijuana retail facility. The department shall use the
  246  daily dose amount to calculate a 70-day supply.
  247         1. A qualified physician may request an exception to the
  248  daily dose amount limit. The request shall be made
  249  electronically on a form adopted by the department in rule and
  250  must include, at a minimum:
  251         a. The qualified patient’s qualifying medical condition.
  252         b. The dosage and route of administration that was
  253  insufficient to provide relief to the qualified patient.
  254         c. A description of how the patient will benefit from an
  255  increased amount.
  256         d. The minimum daily dose amount of marijuana that would be
  257  sufficient for the treatment of the qualified patient’s
  258  qualifying medical condition.
  259         2. A qualified physician must provide the qualified
  260  patient’s records upon the request of the department.
  261         3. The department shall approve or disapprove the request
  262  within 14 days after receipt of the complete documentation
  263  required by this paragraph. The request shall be deemed approved
  264  if the department fails to act within this time period.
  265         (5) MEDICAL MARIJUANA USE REGISTRY.—
  266         (a) The department shall create and maintain a secure,
  267  electronic, and online medical marijuana use registry for
  268  physicians, patients, and caregivers as provided under this
  269  section. The medical marijuana use registry must be accessible
  270  to law enforcement agencies, qualified physicians, medical
  271  marijuana retail facilities, and medical marijuana treatment
  272  centers to verify the authorization of a qualified patient or a
  273  caregiver to possess marijuana or a marijuana delivery device
  274  and record the marijuana or marijuana delivery device dispensed.
  275  The medical marijuana use registry must also be accessible to
  276  practitioners licensed to prescribe prescription drugs to ensure
  277  proper care for patients before medications that may interact
  278  with the medical use of marijuana are prescribed. The medical
  279  marijuana use registry must prevent an active registration of a
  280  qualified patient by multiple physicians.
  281         (f) The department may revoke the registration of a
  282  qualified patient or caregiver who cultivates marijuana or who
  283  acquires, possesses, or delivers marijuana from any person or
  284  entity other than a medical marijuana treatment center or a
  285  medical marijuana retail facility.
  286         (6) CAREGIVERS.—
  287         (b) A caregiver must:
  288         1. Not be a qualified physician and not be employed by or
  289  have an economic interest in a medical marijuana treatment
  290  center, a medical marijuana retail facility, or a marijuana
  291  testing laboratory.
  292         2. Be 21 years of age or older and a resident of this
  293  state.
  294         3. Agree in writing to assist with the qualified patient’s
  295  medical use of marijuana.
  296         4. Be registered in the medical marijuana use registry as a
  297  caregiver for no more than one qualified patient, except as
  298  provided in this paragraph.
  299         5. Successfully complete a caregiver certification course
  300  developed and administered by the department or its designee,
  301  which must be renewed biennially. The price of the course may
  302  not exceed $100.
  303         6. Pass a background screening pursuant to subsection (10)
  304  (9), unless the patient is a close relative of the caregiver.
  305         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  306         (a) The department shall license medical marijuana
  307  treatment centers to ensure reasonable statewide accessibility
  308  and availability as necessary for qualified patients registered
  309  in the medical marijuana use registry and who are issued a
  310  physician certification under this section.
  311         1. As soon as practicable, but no later than July 3, 2017,
  312  the department shall license as a medical marijuana treatment
  313  center any entity that holds an active, unrestricted license to
  314  cultivate, process, transport, and dispense low-THC cannabis,
  315  medical cannabis, and cannabis delivery devices, under former s.
  316  381.986, Florida Statutes 2016, before July 1, 2017, and which
  317  meets the requirements of this section. In addition to the
  318  authority granted under this section, these entities are
  319  authorized to dispense low-THC cannabis, medical cannabis, and
  320  cannabis delivery devices ordered pursuant to former s. 381.986,
  321  Florida Statutes 2016, which were entered into the compassionate
  322  use registry before July 1, 2017, and are authorized to begin
  323  dispensing marijuana under this section on July 3, 2017. The
  324  department may grant variances from the representations made in
  325  such an entity’s original application for approval under former
  326  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  327         2. The department shall license as medical marijuana
  328  treatment centers 10 applicants that meet the requirements of
  329  this section, under the following parameters:
  330         a. As soon as practicable, but no later than August 1,
  331  2017, the department shall license any applicant whose
  332  application was reviewed, evaluated, and scored by the
  333  department and which was denied a dispensing organization
  334  license by the department under former s. 381.986, Florida
  335  Statutes 2014; which had one or more administrative or judicial
  336  challenges pending as of January 1, 2017, or had a final ranking
  337  within one point of the highest final ranking in its region
  338  under former s. 381.986, Florida Statutes 2014; which meets the
  339  requirements of this section; and which provides documentation
  340  to the department that it has the existing infrastructure and
  341  technical and technological ability to begin cultivating
  342  marijuana within 30 days after registration as a medical
  343  marijuana treatment center.
  344         b. As soon as practicable, but no later than October 3,
  345  2017, the department shall license one applicant that is a
  346  recognized class member of Pigford v. Glickman, 185 F.R.D. 82
  347  (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1
  348  (D.D.C. 2011) and is a member of the Black Farmers and
  349  Agriculturalists Association–Florida Chapter. An applicant
  350  licensed under this sub-subparagraph is exempt from the
  351  requirements of subparagraphs (b)1. and 2.
  352         c. As soon as practicable, but no later than October 3,
  353  2017, the department shall license applicants that meet the
  354  requirements of this section in sufficient numbers to result in
  355  10 total licenses issued under this subparagraph, while
  356  accounting for the number of licenses issued under sub
  357  subparagraphs a. and b.
  358         3. For up to two of the licenses issued under subparagraph
  359  2., the department shall give preference to applicants that
  360  demonstrate in their applications that they own one or more
  361  facilities that are, or were, used for the canning,
  362  concentrating, or otherwise processing of citrus fruit or citrus
  363  molasses and will use or convert the facility or facilities for
  364  the processing of marijuana.
  365         4. Within 6 months after the registration of 100,000 active
  366  qualified patients in the medical marijuana use registry, the
  367  department shall license four additional medical marijuana
  368  treatment centers that meet the requirements of this section.
  369  Thereafter, the department shall license four medical marijuana
  370  treatment centers within 6 months after the registration of each
  371  additional 100,000 active qualified patients in the medical
  372  marijuana use registry that meet the requirements of this
  373  section.
  374         5. Dispensing facilities are subject to the following
  375  requirements:
  376         a. A medical marijuana treatment center may not establish
  377  or operate more than a statewide maximum of 25 dispensing
  378  facilities, unless the medical marijuana use registry reaches a
  379  total of 100,000 active registered qualified patients. When the
  380  medical marijuana use registry reaches 100,000 active registered
  381  qualified patients, and then upon each further instance of the
  382  total active registered qualified patients increasing by
  383  100,000, the statewide maximum number of dispensing facilities
  384  that each licensed medical marijuana treatment center may
  385  establish and operate increases by five.
  386         b. A medical marijuana treatment center may not establish
  387  more than the maximum number of dispensing facilities allowed in
  388  each of the Northwest, Northeast, Central, Southwest, and
  389  Southeast Regions. The department shall determine a medical
  390  marijuana treatment center’s maximum number of dispensing
  391  facilities allowed in each region by calculating the percentage
  392  of the total statewide population contained within that region
  393  and multiplying that percentage by the medical marijuana
  394  treatment center’s statewide maximum number of dispensing
  395  facilities established under sub-subparagraph a., rounded to the
  396  nearest whole number. The department shall ensure that such
  397  rounding does not cause a medical marijuana treatment center’s
  398  total number of statewide dispensing facilities to exceed its
  399  statewide maximum. The department shall initially calculate the
  400  maximum number of dispensing facilities allowed in each region
  401  for each medical marijuana treatment center using county
  402  population estimates from the Florida Estimates of Population
  403  2016, as published by the Office of Economic and Demographic
  404  Research, and shall perform recalculations following the
  405  official release of county population data resulting from each
  406  United States Decennial Census. For the purposes of this
  407  subparagraph:
  408         (I) The Northwest Region consists of Bay, Calhoun,
  409  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  410  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  411  Walton, and Washington Counties.
  412         (II) The Northeast Region consists of Alachua, Baker,
  413  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  414  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  415  Suwannee, and Union Counties.
  416         (III) The Central Region consists of Brevard, Citrus,
  417  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  418  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  419  Counties.
  420         (IV) The Southwest Region consists of Charlotte, Collier,
  421  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  422  Okeechobee, and Sarasota Counties.
  423         (V) The Southeast Region consists of Broward, Miami-Dade,
  424  Martin, Monroe, and Palm Beach Counties.
  425         c. If a medical marijuana treatment center establishes a
  426  number of dispensing facilities within a region that is less
  427  than the number allowed for that region under sub-subparagraph
  428  b., the medical marijuana treatment center may sell one or more
  429  of its unused dispensing facility slots to other licensed
  430  medical marijuana treatment centers. For each dispensing
  431  facility slot that a medical marijuana treatment center sells,
  432  that medical marijuana treatment center’s statewide maximum
  433  number of dispensing facilities, as determined under sub
  434  subparagraph a., is reduced by one. The statewide maximum number
  435  of dispensing facilities for a medical marijuana treatment
  436  center that purchases an unused dispensing facility slot is
  437  increased by one per slot purchased. Additionally, the sale of a
  438  dispensing facility slot shall reduce the seller’s regional
  439  maximum and increase the purchaser’s regional maximum number of
  440  dispensing facilities, as determined in sub-subparagraph b., by
  441  one for that region. For any slot purchased under this sub
  442  subparagraph, the regional restriction applied to that slot’s
  443  location under sub-subparagraph b. before the purchase shall
  444  remain in effect following the purchase. A medical marijuana
  445  treatment center that sells or purchases a dispensing facility
  446  slot must notify the department within 3 days of sale.
  447         d. A medical marijuana retail facility is not subject to
  448  the dispensing facility requirements of this subparagraph.
  449         e.d. This subparagraph shall expire on April 1, 2020.
  450  
  451  If this subparagraph or its application to any person or
  452  circumstance is held invalid, the invalidity does not affect
  453  other provisions or applications of this act which can be given
  454  effect without the invalid provision or application, and to this
  455  end, the provisions of this subparagraph are severable.
  456         (b) An applicant for licensure as a medical marijuana
  457  treatment center shall apply to the department on a form
  458  prescribed by the department and adopted in rule. The department
  459  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  460  establishing a procedure for the issuance and biennial renewal
  461  of licenses, including initial application and biennial renewal
  462  fees sufficient to cover the costs of implementing and
  463  administering this section, and establishing supplemental
  464  licensure fees for payment beginning May 1, 2018, sufficient to
  465  cover the costs of administering ss. 381.989 and 1004.4351. The
  466  department shall identify applicants with strong diversity plans
  467  reflecting this state’s commitment to diversity and implement
  468  training programs and other educational programs to enable
  469  minority persons and minority business enterprises, as defined
  470  in s. 288.703, and veteran business enterprises, as defined in
  471  s. 295.187, to compete for medical marijuana treatment center
  472  licensure and contracts. Subject to the requirements in
  473  subparagraphs (a)2.-4., the department shall issue a license to
  474  an applicant if the applicant meets the requirements of this
  475  section and pays the initial application fee. The department
  476  shall renew the licensure of a medical marijuana treatment
  477  center biennially if the licensee meets the requirements of this
  478  section and pays the biennial renewal fee. An individual may not
  479  be an applicant, owner, officer, board member, or manager on
  480  more than one application for licensure as a medical marijuana
  481  treatment center. An individual or entity may not be awarded
  482  more than one license as a medical marijuana treatment center.
  483  An applicant for licensure as a medical marijuana treatment
  484  center must demonstrate:
  485         1. That, for the 5 consecutive years before submitting the
  486  application, the applicant has been registered to do business in
  487  the state.
  488         2. Possession of a valid certificate of registration issued
  489  by the Department of Agriculture and Consumer Services pursuant
  490  to s. 581.131.
  491         3. The technical and technological ability to cultivate and
  492  produce marijuana, including, but not limited to, low-THC
  493  cannabis.
  494         4. The ability to secure the premises, resources, and
  495  personnel necessary to operate as a medical marijuana treatment
  496  center.
  497         5. The ability to maintain accountability of all raw
  498  materials, finished products, and any byproducts to prevent
  499  diversion or unlawful access to or possession of these
  500  substances.
  501         6. An infrastructure reasonably located to dispense
  502  marijuana to registered qualified patients statewide or
  503  regionally as determined by the department.
  504         7. The financial ability to maintain operations for the
  505  duration of the 2-year approval cycle, including the provision
  506  of certified financial statements to the department.
  507         a. Upon approval, the applicant must post a $5 million
  508  performance bond issued by an authorized surety insurance
  509  company rated in one of the three highest rating categories by a
  510  nationally recognized rating service. However, a medical
  511  marijuana treatment center serving at least 1,000 qualified
  512  patients is only required to maintain a $2 million performance
  513  bond.
  514         b. In lieu of the performance bond required under sub
  515  subparagraph a., the applicant may provide an irrevocable letter
  516  of credit payable to the department or provide cash to the
  517  department. If provided with cash under this sub-subparagraph,
  518  the department shall deposit the cash in the Grants and
  519  Donations Trust Fund within the Department of Health, subject to
  520  the same conditions as the bond regarding requirements for the
  521  applicant to forfeit ownership of the funds. If the funds
  522  deposited under this sub-subparagraph generate interest, the
  523  amount of that interest shall be used by the department for the
  524  administration of this section.
  525         8. That all owners, officers, board members, and managers
  526  have passed a background screening pursuant to subsection (10)
  527  (9).
  528         9. The employment of a medical director to supervise the
  529  activities of the medical marijuana treatment center.
  530         10. A diversity plan that promotes and ensures the
  531  involvement of minority persons and minority business
  532  enterprises, as defined in s. 288.703, or veteran business
  533  enterprises, as defined in s. 295.187, in ownership, management,
  534  and employment. An applicant for licensure renewal must show the
  535  effectiveness of the diversity plan by including the following
  536  with his or her application for renewal:
  537         a. Representation of minority persons and veterans in the
  538  medical marijuana treatment center’s workforce;
  539         b. Efforts to recruit minority persons and veterans for
  540  employment; and
  541         c. A record of contracts for services with minority
  542  business enterprises and veteran business enterprises.
  543         (c) A medical marijuana treatment center may not make a
  544  wholesale purchase of marijuana from, or a distribution of
  545  marijuana to, another medical marijuana treatment center, unless
  546  the medical marijuana treatment center seeking to make a
  547  wholesale purchase of marijuana submits proof of harvest failure
  548  to the department.
  549         (d) The department shall establish, maintain, and control a
  550  computer software tracking system that traces marijuana from
  551  seed to sale and allows real-time, 24-hour access by the
  552  department to data from all medical marijuana treatment centers,
  553  medical marijuana retail facilities, and marijuana testing
  554  laboratories. The tracking system must allow for integration of
  555  other seed-to-sale systems and, at a minimum, include
  556  notification of when marijuana seeds are planted, when marijuana
  557  plants are harvested and destroyed, and when marijuana is
  558  transported, sold, stolen, diverted, or lost. Each medical
  559  marijuana treatment center and medical marijuana retail facility
  560  shall use the seed-to-sale tracking system established by the
  561  department or integrate its own seed-to-sale tracking system
  562  with the seed-to-sale tracking system established by the
  563  department. Each medical marijuana treatment center may use its
  564  own seed-to-sale system until the department establishes a seed
  565  to-sale tracking system. The department may contract with a
  566  vendor to establish the seed-to-sale tracking system. The vendor
  567  selected by the department may not have a contractual
  568  relationship with the department to perform any services
  569  pursuant to this section other than the seed-to-sale tracking
  570  system. The vendor may not have a direct or indirect financial
  571  interest in a medical marijuana treatment center, a medical
  572  marijuana retail facility, or a marijuana testing laboratory.
  573         (e) A licensed medical marijuana treatment center may shall
  574  cultivate, process, transport, and dispense marijuana for
  575  medical use. A licensed medical marijuana treatment center may
  576  not contract for services directly related to the cultivation
  577  and, processing, and dispensing of marijuana or marijuana
  578  delivery devices., except that A medical marijuana treatment
  579  center licensed pursuant to subparagraph (a)1. may contract with
  580  no more than 10 licensed medical marijuana retail facilities to
  581  dispense a single entity for the cultivation, processing,
  582  transporting, and dispensing of marijuana, and marijuana
  583  delivery devices, and edibles pursuant to subsection (9). A
  584  licensed medical marijuana treatment center must, at all times,
  585  maintain compliance with the criteria demonstrated and
  586  representations made in the initial application and the criteria
  587  established in this subsection. Upon request, the department may
  588  grant a medical marijuana treatment center a variance from the
  589  representations made in the initial application. Consideration
  590  of such a request shall be based upon the individual facts and
  591  circumstances surrounding the request. A variance may not be
  592  granted unless the requesting medical marijuana treatment center
  593  can demonstrate to the department that it has a proposed
  594  alternative to the specific representation made in its
  595  application which fulfills the same or a similar purpose as the
  596  specific representation in a way that the department can
  597  reasonably determine will not be a lower standard than the
  598  specific representation in the application. A variance may not
  599  be granted from the requirements in subparagraph 2. and
  600  subparagraphs (b)1. and 2.
  601         1. A licensed medical marijuana treatment center may
  602  transfer ownership to an individual or entity who meets the
  603  requirements of this section. A publicly traded corporation or
  604  publicly traded company that meets the requirements of this
  605  section is not precluded from ownership of a medical marijuana
  606  treatment center. To accommodate a change in ownership:
  607         a. The licensed medical marijuana treatment center shall
  608  notify the department in writing at least 60 days before the
  609  anticipated date of the change of ownership.
  610         b. The individual or entity applying for initial licensure
  611  due to a change of ownership must submit an application that
  612  must be received by the department at least 60 days before the
  613  date of change of ownership.
  614         c. Upon receipt of an application for a license, the
  615  department shall examine the application and, within 30 days
  616  after receipt, notify the applicant in writing of any apparent
  617  errors or omissions and request any additional information
  618  required.
  619         d. Requested information omitted from an application for
  620  licensure must be filed with the department within 21 days after
  621  the department’s request for omitted information or the
  622  application shall be deemed incomplete and shall be withdrawn
  623  from further consideration and the fees shall be forfeited.
  624  
  625  Within 30 days after the receipt of a complete application, the
  626  department shall approve or deny the application.
  627         2. A medical marijuana treatment center, and any individual
  628  or entity who directly or indirectly owns, controls, or holds
  629  with power to vote 5 percent or more of the voting shares of a
  630  medical marijuana treatment center, may not acquire direct or
  631  indirect ownership or control of any voting shares or other form
  632  of ownership of any other medical marijuana treatment center. A
  633  medical marijuana treatment center may not directly or
  634  indirectly own or operate a medical marijuana retail facility.
  635         3. A medical marijuana treatment center may not enter into
  636  any form of profit-sharing arrangement with the property owner
  637  or lessor of any of its facilities where cultivation,
  638  processing, storing, or dispensing of marijuana and marijuana
  639  delivery devices occurs.
  640         4. All employees of a medical marijuana treatment center
  641  must be 21 years of age or older and have passed a background
  642  screening pursuant to subsection (10) (9).
  643         5. Each medical marijuana treatment center must adopt and
  644  enforce policies and procedures to ensure employees and
  645  volunteers receive training on the legal requirements to
  646  dispense marijuana to qualified patients.
  647         6. When growing marijuana, a medical marijuana treatment
  648  center:
  649         a. May use pesticides determined by the department, after
  650  consultation with the Department of Agriculture and Consumer
  651  Services, to be safely applied to plants intended for human
  652  consumption, but may not use pesticides designated as
  653  restricted-use pesticides pursuant to s. 487.042.
  654         b. Must grow marijuana within an enclosed structure and in
  655  a room separate from any other plant.
  656         c. Must inspect seeds and growing plants for plant pests
  657  that endanger or threaten the horticultural and agricultural
  658  interests of the state in accordance with chapter 581 and any
  659  rules adopted thereunder.
  660         d. Must perform fumigation or treatment of plants, or
  661  remove and destroy infested or infected plants, in accordance
  662  with chapter 581 and any rules adopted thereunder.
  663         7. Each medical marijuana treatment center must produce and
  664  make available for purchase at least one low-THC cannabis
  665  product.
  666         8. A medical marijuana treatment center that produces
  667  edibles must hold a permit to operate as a food establishment
  668  pursuant to chapter 500, the Florida Food Safety Act, and must
  669  comply with all the requirements for food establishments
  670  pursuant to chapter 500 and any rules adopted thereunder.
  671  Edibles may not contain more than 200 milligrams of
  672  tetrahydrocannabinol, and a single serving portion of an edible
  673  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  674  may have a potency variance of no greater than 15 percent.
  675  Edibles may not be attractive to children; be manufactured in
  676  the shape of humans, cartoons, or animals; be manufactured in a
  677  form that bears any reasonable resemblance to products available
  678  for consumption as commercially available candy; or contain any
  679  color additives. To discourage consumption of edibles by
  680  children, the department shall determine by rule any shapes,
  681  forms, and ingredients allowed and prohibited for edibles.
  682  Medical marijuana treatment centers may not begin processing or
  683  dispensing edibles until after the effective date of the rule.
  684  The department shall also adopt sanitation rules providing the
  685  standards and requirements for the storage, display, or
  686  dispensing of edibles.
  687         9. Within 12 months after licensure, a medical marijuana
  688  treatment center must demonstrate to the department that all of
  689  its processing facilities have passed a Food Safety Good
  690  Manufacturing Practices, such as Global Food Safety Initiative
  691  or equivalent, inspection by a nationally accredited certifying
  692  body. A medical marijuana treatment center must immediately stop
  693  processing at any facility which fails to pass this inspection
  694  until it demonstrates to the department that such facility has
  695  met this requirement.
  696         10. When processing marijuana, a medical marijuana
  697  treatment center must:
  698         a. Process the marijuana within an enclosed structure and
  699  in a room separate from other plants or products.
  700         b. Comply with department rules when processing marijuana
  701  with hydrocarbon solvents or other solvents or gases exhibiting
  702  potential toxicity to humans. The department shall determine by
  703  rule the requirements for medical marijuana treatment centers to
  704  use such solvents or gases exhibiting potential toxicity to
  705  humans.
  706         c. Comply with federal and state laws and regulations and
  707  department rules for solid and liquid wastes. The department
  708  shall determine by rule procedures for the storage, handling,
  709  transportation, management, and disposal of solid and liquid
  710  waste generated during marijuana production and processing. The
  711  Department of Environmental Protection shall assist the
  712  department in developing such rules.
  713         d. Test the processed marijuana using a medical marijuana
  714  testing laboratory before it is dispensed. Results must be
  715  verified and signed by two medical marijuana treatment center
  716  employees. Before dispensing, the medical marijuana treatment
  717  center must determine that the test results indicate that low
  718  THC cannabis meets the definition of low-THC cannabis, the
  719  concentration of tetrahydrocannabinol meets the potency
  720  requirements of this section, the labeling of the concentration
  721  of tetrahydrocannabinol and cannabidiol is accurate, and all
  722  marijuana is safe for human consumption and free from
  723  contaminants that are unsafe for human consumption. The
  724  department shall determine by rule which contaminants must be
  725  tested for and the maximum levels of each contaminant which are
  726  safe for human consumption. The Department of Agriculture and
  727  Consumer Services shall assist the department in developing the
  728  testing requirements for contaminants that are unsafe for human
  729  consumption in edibles. The department shall also determine by
  730  rule the procedures for the treatment of marijuana that fails to
  731  meet the testing requirements of this section, s. 381.988, or
  732  department rule. The department may select a random sample from
  733  edibles available for purchase in a dispensing facility which
  734  shall be tested by the department to determine that the edible
  735  meets the potency requirements of this section, is safe for
  736  human consumption, and the labeling of the tetrahydrocannabinol
  737  and cannabidiol concentration is accurate. A medical marijuana
  738  treatment center may not require payment from the department for
  739  the sample. A medical marijuana treatment center must recall
  740  edibles, including all edibles made from the same batch of
  741  marijuana, which fail to meet the potency requirements of this
  742  section, which are unsafe for human consumption, or for which
  743  the labeling of the tetrahydrocannabinol and cannabidiol
  744  concentration is inaccurate. The medical marijuana treatment
  745  center must retain records of all testing and samples of each
  746  homogenous batch of marijuana for at least 9 months. The medical
  747  marijuana treatment center must contract with a marijuana
  748  testing laboratory to perform audits on the medical marijuana
  749  treatment center’s standard operating procedures, testing
  750  records, and samples and provide the results to the department
  751  to confirm that the marijuana or low-THC cannabis meets the
  752  requirements of this section and that the marijuana or low-THC
  753  cannabis is safe for human consumption. A medical marijuana
  754  treatment center shall reserve two processed samples from each
  755  batch and retain such samples for at least 9 months for the
  756  purpose of such audits. A medical marijuana treatment center may
  757  use a laboratory that has not been certified by the department
  758  under s. 381.988 until such time as at least one laboratory
  759  holds the required certification, but in no event later than
  760  July 1, 2018.
  761         e. Package the marijuana in compliance with the United
  762  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  763  1471 et seq.
  764         f. Package the marijuana in a receptacle that has a firmly
  765  affixed and legible label stating the following information:
  766         (I) The marijuana or low-THC cannabis meets the
  767  requirements of sub-subparagraph d.
  768         (II) The name of the medical marijuana treatment center
  769  from which the marijuana originates.
  770         (III) The batch number and harvest number from which the
  771  marijuana originates and the date dispensed.
  772         (IV) The name of the physician who issued the physician
  773  certification.
  774         (V) The name of the patient.
  775         (VI) The product name, if applicable, and dosage form,
  776  including concentration of tetrahydrocannabinol and cannabidiol.
  777  The product name may not contain wording commonly associated
  778  with products marketed by or to children.
  779         (VII) The recommended dose.
  780         (VIII) A warning that it is illegal to transfer medical
  781  marijuana to another person.
  782         (IX) A marijuana universal symbol developed by the
  783  department.
  784         11. The medical marijuana treatment center shall include in
  785  each package a patient package insert with information on the
  786  specific product dispensed related to:
  787         a. Clinical pharmacology.
  788         b. Indications and use.
  789         c. Dosage and administration.
  790         d. Dosage forms and strengths.
  791         e. Contraindications.
  792         f. Warnings and precautions.
  793         g. Adverse reactions.
  794         12. Each edible shall be individually sealed in plain,
  795  opaque wrapping marked only with the marijuana universal symbol.
  796  Where practical, each edible shall be marked with the marijuana
  797  universal symbol. In addition to the packaging and labeling
  798  requirements in subparagraphs 10. and 11., edible receptacles
  799  must be plain, opaque, and white without depictions of the
  800  product or images other than the medical marijuana treatment
  801  center’s department-approved logo and the marijuana universal
  802  symbol. The receptacle must also include a list all of the
  803  edible’s ingredients, storage instructions, an expiration date,
  804  a legible and prominent warning to keep away from children and
  805  pets, and a warning that the edible has not been produced or
  806  inspected pursuant to federal food safety laws.
  807         13. When dispensing marijuana or a marijuana delivery
  808  device, a medical marijuana treatment center:
  809         a. May dispense any active, valid order for low-THC
  810  cannabis, medical cannabis, and cannabis delivery devices issued
  811  pursuant to former s. 381.986, Florida Statutes 2016, which was
  812  entered into the medical marijuana use registry before July 1,
  813  2017.
  814         b. May not dispense more than a 70-day supply of marijuana
  815  to a qualified patient or caregiver.
  816         c. Must have the medical marijuana treatment center’s
  817  employee who dispenses the marijuana or a marijuana delivery
  818  device enter into the medical marijuana use registry his or her
  819  name or unique employee identifier.
  820         d. Must verify that the qualified patient and the
  821  caregiver, if applicable, each have an active registration in
  822  the medical marijuana use registry and an active and valid
  823  medical marijuana use registry identification card, the amount
  824  and type of marijuana dispensed matches the physician
  825  certification in the medical marijuana use registry for that
  826  qualified patient, and the physician certification has not
  827  already been filled.
  828         e. May not dispense marijuana to a qualified patient who is
  829  younger than 18 years of age. If the qualified patient is
  830  younger than 18 years of age, marijuana may only be dispensed to
  831  the qualified patient’s caregiver.
  832         f. May not dispense or sell any other type of cannabis,
  833  alcohol, or illicit drug-related product, including pipes,
  834  bongs, or rolling wrapping papers, other than a marijuana
  835  delivery device required for the medical use of marijuana and
  836  which is specified in a physician certification.
  837         g. Must, upon dispensing the marijuana or marijuana
  838  delivery device, record in the registry the date, time,
  839  quantity, and form of marijuana dispensed; the type of marijuana
  840  delivery device dispensed; and the name and medical marijuana
  841  use registry identification number of the qualified patient or
  842  caregiver to whom the marijuana delivery device was dispensed.
  843         h. Must ensure that patient records are not visible to
  844  anyone other than the qualified patient, his or her caregiver,
  845  and authorized medical marijuana treatment center employees.
  846         (f) To ensure the safety and security of premises where the
  847  cultivation, processing, storing, or dispensing of marijuana
  848  occurs, and to maintain adequate controls against the diversion,
  849  theft, and loss of marijuana or marijuana delivery devices, a
  850  medical marijuana treatment center shall:
  851         1.a. Maintain a fully operational security alarm system
  852  that secures all entry points and perimeter windows and is
  853  equipped with motion detectors; pressure switches; and duress,
  854  panic, and hold-up alarms; and
  855         b. Maintain a video surveillance system that records
  856  continuously 24 hours a day and meets the following criteria:
  857         (I) Cameras are fixed in a place that allows for the clear
  858  identification of persons and activities in controlled areas of
  859  the premises. Controlled areas include grow rooms, processing
  860  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  861  rooms.
  862         (II) Cameras are fixed in entrances and exits to the
  863  premises, which shall record from both indoor and outdoor, or
  864  ingress and egress, vantage points.
  865         (III) Recorded images must clearly and accurately display
  866  the time and date.
  867         (IV) Retain Video surveillance recordings are retained for
  868  at least 45 days or longer upon the request of a law enforcement
  869  agency.
  870         2. Ensure that the medical marijuana treatment center’s
  871  outdoor premises have sufficient lighting from dusk until dawn.
  872         3. Ensure that the indoor premises where dispensing occurs
  873  includes a waiting area with sufficient space and seating to
  874  accommodate qualified patients and caregivers and at least one
  875  private consultation area that is isolated from the waiting area
  876  and area where dispensing occurs. A medical marijuana treatment
  877  center may not display products or dispense marijuana or
  878  marijuana delivery devices in the waiting area.
  879         4. Not dispense from its premises marijuana or a marijuana
  880  delivery device between the hours of 9 p.m. and 7 a.m., but may
  881  perform all other operations and deliver marijuana to qualified
  882  patients 24 hours a day.
  883         5. Store marijuana in a secured, locked room or a vault.
  884         6. Require at least two of its employees, or two employees
  885  of a security agency with whom it contracts, to be on the
  886  premises at all times where cultivation, processing, or storing
  887  of marijuana occurs.
  888         7. Require each employee or contractor to wear a photo
  889  identification badge at all times while on the premises.
  890         8. Require each visitor to wear a visitor pass at all times
  891  while on the premises.
  892         9. Implement an alcohol and drug-free workplace policy.
  893         10. Report to local law enforcement within 24 hours after
  894  the medical marijuana treatment center is notified or becomes
  895  aware of the theft, diversion, or loss of marijuana.
  896         (g) To ensure the safe transport of marijuana and marijuana
  897  delivery devices to medical marijuana treatment centers,
  898  marijuana testing laboratories, or qualified patients, a medical
  899  marijuana treatment center must:
  900         1. Maintain a marijuana transportation manifest in any
  901  vehicle transporting marijuana. The marijuana transportation
  902  manifest must be generated from a medical marijuana treatment
  903  center’s seed-to-sale tracking system and include the:
  904         a. Departure date and approximate time of departure.
  905         b. Name, location address, and license number of the
  906  originating medical marijuana treatment center.
  907         c. Name and address of the recipient of the delivery.
  908         d. Quantity and form of any marijuana or marijuana delivery
  909  device being transported.
  910         e. Arrival date and estimated time of arrival.
  911         f. Delivery vehicle make and model and license plate
  912  number.
  913         g. Name and signature of the medical marijuana treatment
  914  center employees delivering the product.
  915         (I) A copy of the marijuana transportation manifest must be
  916  provided to each individual, medical marijuana treatment center,
  917  or marijuana testing laboratory that receives a delivery. The
  918  individual, or a representative of the center or laboratory,
  919  must sign a copy of the marijuana transportation manifest
  920  acknowledging receipt.
  921         (II) An individual transporting marijuana or a marijuana
  922  delivery device must present a copy of the relevant marijuana
  923  transportation manifest and his or her employee identification
  924  card to a law enforcement officer upon request.
  925         (III) Medical marijuana treatment centers and marijuana
  926  testing laboratories must retain copies of all marijuana
  927  transportation manifests for at least 3 years.
  928         2. Ensure only vehicles in good working order are used to
  929  transport marijuana.
  930         3. Lock marijuana and marijuana delivery devices in a
  931  separate compartment or container within the vehicle.
  932         4. Require employees to have possession of their employee
  933  identification card at all times when transporting marijuana or
  934  marijuana delivery devices.
  935         5. Require at least two persons to be in a vehicle
  936  transporting marijuana or marijuana delivery devices, and
  937  require at least one person to remain in the vehicle while the
  938  marijuana or marijuana delivery device is being delivered.
  939         6. Provide specific safety and security training to
  940  employees transporting or delivering marijuana and marijuana
  941  delivery devices.
  942         (h) A medical marijuana treatment center may not engage in
  943  advertising that is visible to members of the public from any
  944  street, sidewalk, park, or other public place, except:
  945         1. The dispensing location of a medical marijuana treatment
  946  center may have a sign that is affixed to the outside or hanging
  947  in the window of the premises which identifies the dispensary by
  948  the licensee’s business name, a department-approved trade name,
  949  or a department-approved logo. A medical marijuana treatment
  950  center’s trade name and logo may not contain wording or images
  951  commonly associated with marketing targeted toward children or
  952  which promote recreational use of marijuana.
  953         2. A medical marijuana treatment center may engage in
  954  Internet advertising and marketing under the following
  955  conditions:
  956         a. All advertisements must be approved by the department.
  957         b. An advertisement may not have any content that
  958  specifically targets individuals under the age of 18, including
  959  cartoon characters or similar images.
  960         c. An advertisement may not be an unsolicited pop-up
  961  advertisement.
  962         d. Opt-in marketing must include an easy and permanent opt
  963  out feature.
  964         (i) Each medical marijuana treatment center that dispenses
  965  marijuana and marijuana delivery devices shall make available to
  966  the public on its website:
  967         1. Each marijuana and low-THC product available for
  968  purchase, including the form, strain of marijuana from which it
  969  was extracted, cannabidiol content, tetrahydrocannabinol
  970  content, dose unit, total number of doses available, and the
  971  ratio of cannabidiol to tetrahydrocannabinol for each product.
  972         2. The price for a 30-day, 50-day, and 70-day supply at a
  973  standard dose for each marijuana and low-THC product available
  974  for purchase.
  975         3. The price for each marijuana delivery device available
  976  for purchase.
  977         4. If applicable, any discount policies and eligibility
  978  criteria for such discounts.
  979         (j) Medical marijuana treatment centers are the sole source
  980  from which A qualified patient may legally obtain marijuana only
  981  from a medical marijuana treatment center or a medical marijuana
  982  retail facility.
  983         (k) The department may adopt rules pursuant to ss.
  984  120.536(1) and 120.54 to implement this subsection.
  985         (9)MEDICAL MARIJUANA RETAIL FACILITIES.—The department
  986  shall license medical marijuana retail facilities to ensure
  987  reasonable statewide accessibility and availability as necessary
  988  for qualified patients registered in the medical marijuana use
  989  registry and who are issued a physician certification under this
  990  section. The department shall begin issuing medical marijuana
  991  retail facility licenses by August 1, 2018.
  992         (a)An applicant for licensure as a medical marijuana
  993  retail facility shall apply to the department on a form
  994  prescribed by the department and adopted in rule. The department
  995  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  996  establishing a procedure for the issuance and biennial renewal
  997  of licenses, including initial application and biennial renewal
  998  fees sufficient to cover the costs of implementing and
  999  administering this subsection. The department shall identify
 1000  applicants with strong diversity plans reflecting this state’s
 1001  commitment to diversity and implement training programs and
 1002  other educational programs to enable minority persons and
 1003  minority business enterprises, as defined in s. 288.703, and
 1004  veteran business enterprises, as defined in s. 295.187, to
 1005  qualify for medical marijuana retail facility licensure and
 1006  contracts. The department shall issue a license to an applicant
 1007  if the applicant meets the requirements of this subsection and
 1008  pays the initial application fee. The department shall renew the
 1009  licensure of a medical marijuana retail facility biennially if
 1010  the licensee meets the requirements of this subsection and pays
 1011  the biennial renewal fee. An individual may not be an applicant,
 1012  owner, officer, board member, or manager on more than one
 1013  application for licensure as a medical marijuana retail
 1014  facility. An individual or entity may not be awarded more than
 1015  one license as a medical marijuana retail facility. Each medical
 1016  marijuana retail facility license is valid for one physical
 1017  location. A medical marijuana treatment center may not be
 1018  awarded a license to operate a medical marijuana retail
 1019  facility.
 1020         (b)An applicant for licensure as a medical marijuana
 1021  retail facility must demonstrate:
 1022         1.The ability to secure the premises, resources, and
 1023  personnel necessary to operate as a medical marijuana retail
 1024  facility.
 1025         2.The ability to maintain accountability for all raw
 1026  materials, all finished products, and any byproducts to prevent
 1027  diversion or unlawful access to or possession of these
 1028  substances.
 1029         3.An infrastructure reasonably located to dispense
 1030  marijuana to registered qualified patients statewide or
 1031  regionally, as determined by the department.
 1032         4.The financial ability to maintain operations for the
 1033  duration of the 2-year approval cycle, including the provision
 1034  of certified financial statements to the department.
 1035         5.That all owners, officers, board members, and managers
 1036  have passed a background screening pursuant to subsection (10).
 1037         6The employment of a medical director to supervise the
 1038  activities of the medical marijuana retail facility.
 1039         7.A diversity plan that promotes and ensures the
 1040  involvement of minority persons and minority business
 1041  enterprises, as defined in s. 288.703, or veteran business
 1042  enterprises, as defined in s. 295.187, in ownership, management,
 1043  and employment. An applicant for licensure renewal must show the
 1044  effectiveness of the diversity plan by including the following
 1045  with his or her application for renewal:
 1046         a.Representation of minority persons and veterans in the
 1047  medical marijuana retail facility’s workforce;
 1048         b.Efforts to recruit minority persons and veterans for
 1049  employment; and
 1050         c.A record of contracts for services with minority
 1051  business enterprises and veteran business enterprises.
 1052         8.Proof of liability insurance coverage of at least
 1053  $250,000 for each facility that dispenses or stores marijuana or
 1054  medical marijuana delivery devices.
 1055         (c)A medical marijuana retail facility may not make a
 1056  wholesale purchase of marijuana from a medical marijuana
 1057  treatment center.
 1058         (d)A medical marijuana retail facility may not transport
 1059  marijuana, marijuana delivery devices, or edibles.
 1060         (e)A medical marijuana retail facility may only contract
 1061  with one medical marijuana treatment center to dispense
 1062  marijuana, marijuana delivery devices, or edibles to a qualified
 1063  patient or caregiver.
 1064         (f)1.A medical marijuana retail facility may transfer
 1065  ownership to an individual or entity who meets the requirements
 1066  of this section. A publicly traded corporation or publicly
 1067  traded company that meets the requirements of this section is
 1068  not precluded from ownership of a medical marijuana retail
 1069  facility. To accommodate a change in ownership:
 1070         a.The medical marijuana retail facility shall notify the
 1071  department in writing at least 60 days before the anticipated
 1072  date of the change of ownership.
 1073         b.The individual or entity applying for initial licensure
 1074  due to a change of ownership must submit an application that
 1075  must be received by the department at least 60 days before the
 1076  date of change of ownership.
 1077         c.Upon receipt of an application for a license, the
 1078  department shall examine the application and, within 30 days
 1079  after receipt, notify the applicant in writing of any apparent
 1080  errors or omissions and request any additional information
 1081  required.
 1082         d.Requested information omitted from an application for
 1083  licensure must be filed with the department within 21 days after
 1084  the department’s request for omitted information or the
 1085  application shall be deemed incomplete and must be withdrawn
 1086  from further consideration, and the fees shall be forfeited.
 1087  
 1088  Within 30 days after the receipt of a complete application, the
 1089  department shall approve or deny the application.
 1090         2.A medical marijuana retail facility, and any individual
 1091  or entity who directly or indirectly owns, controls, or holds
 1092  with power to vote 5 percent or more of the voting shares of a
 1093  medical marijuana retail facility, may not acquire direct or
 1094  indirect ownership or control of any voting shares or other form
 1095  of ownership of any other medical marijuana retail facility.
 1096         3.A medical marijuana retail facility may not enter into
 1097  any form of profit-sharing arrangement with the property owner
 1098  or lessor of any of its facilities where storing or dispensing
 1099  of marijuana and marijuana delivery devices occurs.
 1100         4.All employees of a medical marijuana retail facility
 1101  must be 21 years of age or older and have passed a background
 1102  screening pursuant to subsection (10).
 1103         5.Each medical marijuana retail facility must adopt and
 1104  enforce policies and procedures to ensure employees and
 1105  volunteers receive training on the legal requirements to
 1106  dispense marijuana to qualified patients.
 1107         6.Each medical marijuana retail facility must make
 1108  available for purchase at least one low-THC cannabis product.
 1109         7.A medical marijuana retail facility may not repackage or
 1110  modify marijuana or a medical marijuana delivery device packaged
 1111  for retail sale by a contracted medical marijuana treatment
 1112  center.
 1113         8.A medical marijuana retail facility may not process or
 1114  produce edibles, but may dispense edibles in the original
 1115  packaging and with the original labeling affixed as received
 1116  from a contracted medical marijuana treatment center to a
 1117  qualified patient or caregiver. Onsite consumption of marijuana
 1118  or edibles at a medical marijuana retail facility is prohibited.
 1119  The department may select a random sample from edibles available
 1120  for purchase in a medical marijuana retail facility which must
 1121  be tested by the department to determine whether the edible
 1122  meets the potency requirements of subparagraph (8)(e)8. and is
 1123  safe for human consumption, and whether the labeling of the
 1124  tetrahydrocannabinol and cannabidiol concentration is accurate.
 1125  A medical marijuana retail facility may not require payment from
 1126  the department for the sample. A medical marijuana retail
 1127  facility must recall edibles, including all edibles made from
 1128  the same batch of marijuana, which fail to meet the potency
 1129  requirements, which are unsafe for human consumption, or for
 1130  which the labeling of the tetrahydrocannabinol and cannabidiol
 1131  concentration is inaccurate.
 1132         9.When dispensing marijuana or a marijuana delivery
 1133  device, a medical marijuana retail facility:
 1134         a.May dispense any active, valid order for low-THC
 1135  cannabis, medical cannabis, and cannabis delivery devices issued
 1136  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1137  entered into the medical marijuana use registry before July 1,
 1138  2017.
 1139         b.May not dispense more than a 70-day supply of marijuana
 1140  to a qualified patient or caregiver.
 1141         c.Must require that its employee who dispenses the
 1142  marijuana or a marijuana delivery device enter into the medical
 1143  marijuana use registry his or her name or unique employee
 1144  identifier.
 1145         d.Must verify that the qualified patient and the
 1146  caregiver, if applicable, each have an active registration in
 1147  the medical marijuana use registry and an active and valid
 1148  medical marijuana use registry identification card, that the
 1149  amount and type of marijuana dispensed matches the physician
 1150  certification in the medical marijuana use registry for that
 1151  qualified patient, and that the physician certification has not
 1152  already been filled.
 1153         e.May not dispense marijuana to a qualified patient who is
 1154  younger than 18 years of age. If the qualified patient is
 1155  younger than 18 years of age, marijuana may only be dispensed to
 1156  the qualified patient’s caregiver.
 1157         f.May not dispense or sell any other type of cannabis,
 1158  alcohol, or illicit drug-related product, including pipes,
 1159  bongs, or rolling papers, other than a marijuana delivery device
 1160  required for the medical use of marijuana which is specified in
 1161  a physician certification.
 1162         g.Must, upon dispensing the marijuana or marijuana
 1163  delivery device, record in the registry the date, time,
 1164  quantity, and form of marijuana dispensed; the type of marijuana
 1165  delivery device dispensed; and the name and medical marijuana
 1166  use registry identification number of the qualified patient or
 1167  caregiver to whom the marijuana or marijuana delivery device was
 1168  dispensed.
 1169         h.Must ensure that patient records are not visible to
 1170  anyone other than the qualified patient, his or her caregiver,
 1171  and authorized medical marijuana retail facility employees.
 1172         (g)To ensure the safety and security of premises where the
 1173  storing or dispensing of marijuana occurs, and to maintain
 1174  adequate controls against the diversion, theft, and loss of
 1175  marijuana or marijuana delivery devices, a medical marijuana
 1176  retail facility shall:
 1177         1.a.Maintain a fully operational security alarm system
 1178  that secures all entry points and perimeter windows and is
 1179  equipped with motion detectors; pressure switches; and duress,
 1180  panic, and hold-up alarms; and
 1181         b.Maintain a video surveillance system that records
 1182  continuously, 24 hours a day, and meets the following criteria:
 1183         (I)Cameras are fixed in a place that allows for the clear
 1184  identification of persons and activities in controlled areas of
 1185  the premises. Controlled areas include grow rooms, processing
 1186  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1187  rooms.
 1188         (II)Cameras are fixed in entrances and exits to the
 1189  premises and record from indoor and outdoor, or ingress and
 1190  egress, vantage points.
 1191         (III)Recorded images clearly and accurately display the
 1192  time and date.
 1193         (IV)Video surveillance recordings are retained for at
 1194  least 45 days or longer upon the request of a law enforcement
 1195  agency.
 1196         2.Ensure that the outdoor premises have sufficient
 1197  lighting from dusk until dawn.
 1198         3.Ensure that the indoor premises where dispensing occurs
 1199  includes a waiting area with sufficient space and seating to
 1200  accommodate qualified patients and caregivers and at least one
 1201  private consultation area that is isolated from the waiting area
 1202  and the area where dispensing occurs. A medical marijuana retail
 1203  facility may not display products or dispense marijuana or
 1204  marijuana delivery devices in the waiting area.
 1205         4.Not dispense from its premises marijuana or a marijuana
 1206  delivery device between the hours of 9 p.m. and 7 a.m. but may
 1207  perform all other operations and deliver marijuana to qualified
 1208  patients 24 hours a day.
 1209         5.Store marijuana in a secured, locked room or a vault.
 1210         6.Require at least two of its employees, or two employees
 1211  of a security agency with whom it contracts, to be on the
 1212  premises at all times where cultivation, processing, or storing
 1213  of marijuana occurs.
 1214         7.Require each employee or contractor to wear a photo
 1215  identification badge at all times while on the premises.
 1216         8.Require each visitor to wear a visitor pass at all times
 1217  while on the premises.
 1218         9.Implement an alcohol- and drug-free workplace policy.
 1219         10.Report to local law enforcement within 24 hours after
 1220  being notified or becoming aware of the theft, diversion, or
 1221  loss of marijuana.
 1222         (h)A medical marijuana retail facility may not engage in
 1223  Internet sales.
 1224         (i)A medical marijuana retail facility may not engage in
 1225  advertising that is visible to members of the public from any
 1226  street, sidewalk, park, or other public place, except:
 1227         1.A medical marijuana retail facility may have a sign that
 1228  is affixed to the outside or hanging in the window of the
 1229  premises which identifies the facility by the licensee’s
 1230  business name, a department-approved trade name, or a
 1231  department-approved logo. A medical marijuana retail facility’s
 1232  trade name and logo may not contain wording or images commonly
 1233  associated with marketing targeted toward children or which
 1234  promote recreational use of marijuana.
 1235         2.A medical marijuana retail facility may engage in
 1236  Internet advertising and marketing under the following
 1237  conditions:
 1238         a.All advertisements must be approved by the department.
 1239         b.An advertisement may not have any content that
 1240  specifically targets individuals under the age of 18, including
 1241  cartoon characters or similar images.
 1242         c.An advertisement may not be an unsolicited pop-up
 1243  advertisement.
 1244         d.Opt-in marketing must include an easy and permanent opt
 1245  out feature.
 1246         (j)Each medical marijuana retail facility that dispenses
 1247  marijuana, marijuana delivery devices, or edibles shall make
 1248  available to the public on its website:
 1249         1.Information on each marijuana and low-THC product
 1250  available for purchase, including the form, strain of marijuana
 1251  from which it was extracted, cannabidiol content,
 1252  tetrahydrocannabinol content, dose unit, and total number of
 1253  doses available, and the ratio of cannabidiol to
 1254  tetrahydrocannabinol for each such product.
 1255         2.The price of a 30-day, 50-day, and 70-day supply at a
 1256  standard dose for each marijuana and low-THC product available
 1257  for purchase.
 1258         3.The price for each marijuana delivery device available
 1259  for purchase.
 1260         4.If applicable, any discount policies and eligibility
 1261  criteria for such discounts.
 1262         (k)A qualified patient may legally obtain medical
 1263  marijuana only from a medical marijuana treatment center or a
 1264  medical marijuana retail facility.
 1265         (l)The department may adopt rules pursuant to ss.
 1266  120.536(1) and 120.54 to implement this subsection.
 1267         (11)(10) MEDICAL MARIJUANA TREATMENT CENTER AND MEDICAL
 1268  MARIJUANA RETAIL FACILITY INSPECTIONS; ADMINISTRATIVE ACTIONS.—
 1269         (a) The department shall conduct announced or unannounced
 1270  inspections of medical marijuana treatment centers and medical
 1271  marijuana retail facilities to determine compliance with this
 1272  section or rules adopted pursuant to this section.
 1273         (b) The department shall inspect a medical marijuana
 1274  treatment center upon receiving a complaint or notice that the
 1275  medical marijuana treatment center has dispensed marijuana
 1276  containing mold, bacteria, or other contaminant that may cause
 1277  or has caused an adverse effect to human health or the
 1278  environment.
 1279         (c) The department shall conduct at least a biennial
 1280  inspection of each medical marijuana treatment center and
 1281  medical marijuana retail facility to evaluate the medical
 1282  marijuana treatment center’s and medical marijuana retail
 1283  facility’s records, personnel, equipment, processes, security
 1284  measures, sanitation practices, and quality assurance practices.
 1285         (d) The Department of Agriculture and Consumer Services and
 1286  the department shall enter into an interagency agreement to
 1287  ensure cooperation and coordination in the performance of their
 1288  obligations under this section and their respective regulatory
 1289  and authorizing laws. The department, the Department of Highway
 1290  Safety and Motor Vehicles, and the Department of Law Enforcement
 1291  may enter into interagency agreements for the purposes specified
 1292  in this subsection or subsection (7).
 1293         (e) The department shall publish a list of all approved
 1294  medical marijuana treatment centers, medical directors, medical
 1295  marijuana retail facilities, and qualified physicians on its
 1296  website.
 1297         (f) The department may impose reasonable fines not to
 1298  exceed $10,000 on a medical marijuana treatment center or a
 1299  medical marijuana retail facility for any of the following
 1300  violations:
 1301         1. Violating this section or department rule.
 1302         2. Failing to maintain qualifications for approval.
 1303         3. Endangering the health, safety, or security of a
 1304  qualified patient.
 1305         4. Improperly disclosing personal and confidential
 1306  information of the qualified patient.
 1307         5. Attempting to procure medical marijuana treatment center
 1308  or medical marijuana retail facility approval by bribery,
 1309  fraudulent misrepresentation, or extortion.
 1310         6. Being convicted or found guilty of, or entering a plea
 1311  of guilty or nolo contendere to, regardless of adjudication, a
 1312  crime in any jurisdiction which directly relates to the business
 1313  of a medical marijuana treatment center or a medical marijuana
 1314  retail facility.
 1315         7. Making or filing a report or record that the medical
 1316  marijuana treatment center or medical marijuana retail facility
 1317  knows to be false.
 1318         8. Willfully failing to maintain a record required by this
 1319  section or department rule.
 1320         9. Willfully impeding or obstructing an employee or agent
 1321  of the department in the furtherance of his or her official
 1322  duties.
 1323         10. Engaging in fraud or deceit, negligence, incompetence,
 1324  or misconduct in the business practices of a medical marijuana
 1325  treatment center or a medical marijuana retail facility.
 1326         11. Making misleading, deceptive, or fraudulent
 1327  representations in or related to the business practices of a
 1328  medical marijuana treatment center or a medical marijuana retail
 1329  facility.
 1330         12. Having a license or the authority to engage in any
 1331  regulated profession, occupation, or business that is related to
 1332  the business practices of a medical marijuana treatment center
 1333  or a medical marijuana retail facility suspended, revoked, or
 1334  otherwise acted against by the licensing authority of any
 1335  jurisdiction, including its agencies or subdivisions, for a
 1336  violation that would constitute a violation under Florida law.
 1337         13. Violating a lawful order of the department or an agency
 1338  of the state, or failing to comply with a lawfully issued
 1339  subpoena of the department or an agency of the state.
 1340         (g) The department may suspend, revoke, or refuse to renew
 1341  the license of a medical marijuana treatment center or a medical
 1342  marijuana retail facility license if the medical marijuana
 1343  treatment center or medical marijuana retail facility commits
 1344  any of the violations in paragraph (f).
 1345         (h) The department may adopt rules pursuant to ss.
 1346  120.536(1) and 120.54 to implement this subsection.
 1347         (12)(11) PREEMPTION.—Regulation of cultivation, processing,
 1348  and delivery of marijuana by medical marijuana treatment centers
 1349  is preempted to the state except as provided in this subsection.
 1350         (a) A medical marijuana treatment center cultivating or
 1351  processing facility may not be located within 500 feet of the
 1352  real property that comprises a public or private elementary
 1353  school, middle school, or secondary school.
 1354         (b)1. A county or municipality may, by ordinance, ban
 1355  medical marijuana treatment center dispensing facilities or
 1356  medical marijuana retail facilities from being located within
 1357  the boundaries of that county or municipality. A county or
 1358  municipality that does not ban dispensing facilities or medical
 1359  marijuana retail facilities under this subparagraph may not
 1360  place specific limits, by ordinance, on the number of dispensing
 1361  facilities or medical marijuana retail facilities that may
 1362  locate within that county or municipality.
 1363         2. A municipality may determine by ordinance the criteria
 1364  for the location of, and other permitting requirements that do
 1365  not conflict with state law or department rule for, medical
 1366  marijuana treatment center dispensing facilities or medical
 1367  marijuana retail facilities located within the boundaries of
 1368  that municipality. A county may determine by ordinance the
 1369  criteria for the location of, and other permitting requirements
 1370  that do not conflict with state law or department rule for, all
 1371  such dispensing facilities and medical marijuana retail
 1372  facilities located within the unincorporated areas of that
 1373  county. Except as provided in paragraph (c), a county or
 1374  municipality may not enact ordinances for permitting or for
 1375  determining the location of dispensing facilities and medical
 1376  marijuana retail facilities which are more restrictive than its
 1377  ordinances permitting or determining the locations for
 1378  pharmacies licensed under chapter 465. A municipality or county
 1379  may not charge a medical marijuana treatment center or a medical
 1380  marijuana retail facility a license or permit fee in an amount
 1381  greater than the fee charged by such municipality or county to
 1382  pharmacies. A dispensing facility location approved by a
 1383  municipality or county pursuant to former s. 381.986(8)(b),
 1384  Florida Statutes 2016, is not subject to the location
 1385  requirements of this subsection.
 1386         (c) A medical marijuana treatment center dispensing
 1387  facility or a medical marijuana retail facility may not be
 1388  located within 500 feet of the real property that comprises a
 1389  public or private elementary school, middle school, or secondary
 1390  school unless the county or municipality approves the location
 1391  through a formal proceeding open to the public at which the
 1392  county or municipality determines that the location promotes the
 1393  public health, safety, and general welfare of the community.
 1394         (d) This subsection does not prohibit any local
 1395  jurisdiction from ensuring that medical marijuana treatment
 1396  center dispensing facilities and medical marijuana retail
 1397  facilities comply with the Florida Building Code, the Florida
 1398  Fire Prevention Code, or any local amendments to the Florida
 1399  Building Code or the Florida Fire Prevention Code.
 1400         (13)(12) PENALTIES.—
 1401         (a) A qualified physician commits a misdemeanor of the
 1402  first degree, punishable as provided in s. 775.082 or s.
 1403  775.083, if the qualified physician issues a physician
 1404  certification for the medical use of marijuana for a patient
 1405  without a reasonable belief that the patient is suffering from a
 1406  qualifying medical condition.
 1407         (b) A person who fraudulently represents that he or she has
 1408  a qualifying medical condition to a qualified physician for the
 1409  purpose of being issued a physician certification commits a
 1410  misdemeanor of the first degree, punishable as provided in s.
 1411  775.082 or s. 775.083.
 1412         (c) A qualified patient who uses marijuana, not including
 1413  low-THC cannabis, or a caregiver who administers marijuana, not
 1414  including low-THC cannabis, in plain view of or in a place open
 1415  to the general public; in a school bus, a vehicle, an aircraft,
 1416  or a boat; or on the grounds of a school except as provided in
 1417  s. 1006.062, commits a misdemeanor of the first degree,
 1418  punishable as provided in s. 775.082 or s. 775.083.
 1419         (d) A qualified patient or caregiver who cultivates
 1420  marijuana or who purchases or acquires marijuana from any person
 1421  or entity other than a medical marijuana treatment center or a
 1422  medical marijuana retail facility violates s. 893.13 and is
 1423  subject to the penalties provided therein.
 1424         (e)1. A qualified patient or caregiver in possession of
 1425  marijuana or a marijuana delivery device who fails or refuses to
 1426  present his or her marijuana use registry identification card
 1427  upon the request of a law enforcement officer commits a
 1428  misdemeanor of the second degree, punishable as provided in s.
 1429  775.082 or s. 775.083, unless it can be determined through the
 1430  medical marijuana use registry that the person is authorized to
 1431  be in possession of that marijuana or marijuana delivery device.
 1432         2. A person charged with a violation of this paragraph may
 1433  not be convicted if, before or at the time of his or her court
 1434  or hearing appearance, the person produces in court or to the
 1435  clerk of the court in which the charge is pending a medical
 1436  marijuana use registry identification card issued to him or her
 1437  which is valid at the time of his or her arrest. The clerk of
 1438  the court is authorized to dismiss such case at any time before
 1439  the defendant’s appearance in court. The clerk of the court may
 1440  assess a fee of $5 for dismissing the case under this paragraph.
 1441         (f) A caregiver who violates any of the applicable
 1442  provisions of this section or applicable department rules, for
 1443  the first offense, commits a misdemeanor of the second degree,
 1444  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1445  second or subsequent offense, commits a misdemeanor of the first
 1446  degree, punishable as provided in s. 775.082 or s. 775.083.
 1447         (g) A qualified physician who issues a physician
 1448  certification for marijuana or a marijuana delivery device and
 1449  receives compensation from a medical marijuana treatment center
 1450  related to the issuance of a physician certification for
 1451  marijuana or a marijuana delivery device is subject to
 1452  disciplinary action under the applicable practice act and s.
 1453  456.072(1)(n).
 1454         (h) A person transporting marijuana or marijuana delivery
 1455  devices on behalf of a medical marijuana treatment center or
 1456  marijuana testing laboratory who fails or refuses to present a
 1457  transportation manifest upon the request of a law enforcement
 1458  officer commits a misdemeanor of the second degree, punishable
 1459  as provided in s. 775.082 or s. 775.083.
 1460         (i) Persons and entities conducting activities authorized
 1461  and governed by this section and s. 381.988 are subject to ss.
 1462  456.053, 456.054, and 817.505, as applicable.
 1463         (j) A person or entity that cultivates, processes,
 1464  distributes, sells, or dispenses marijuana, as defined in s.
 1465  29(b)(4), Art. X of the State Constitution, and is not licensed
 1466  as a medical marijuana treatment center or as a medical
 1467  marijuana retail facility violates s. 893.13 and is subject to
 1468  the penalties provided therein.
 1469         (k) A person who manufactures, distributes, sells, gives,
 1470  or possesses with the intent to manufacture, distribute, sell,
 1471  or give marijuana or a marijuana delivery device that he or she
 1472  holds out to have originated from a licensed medical marijuana
 1473  treatment center but that is counterfeit commits a felony of the
 1474  third degree, punishable as provided in s. 775.082, s. 775.083,
 1475  or s. 775.084. For the purposes of this paragraph, the term
 1476  “counterfeit” means marijuana; a marijuana delivery device; or a
 1477  marijuana or marijuana delivery device container, seal, or label
 1478  which, without authorization, bears the trademark, trade name,
 1479  or other identifying mark, imprint, or device, or any likeness
 1480  thereof, of a licensed medical marijuana treatment center and
 1481  which thereby falsely purports or is represented to be the
 1482  product of, or to have been distributed by, that licensed
 1483  medical marijuana treatment center facility.
 1484         (l)A person who distributes, sells, gives, or possesses
 1485  with the intent to manufacture, distribute, sell, or give
 1486  marijuana or a marijuana delivery device that he or she holds
 1487  out to have been dispensed from a licensed medical marijuana
 1488  retail facility but that is counterfeit commits a felony of the
 1489  third degree, punishable as provided in s. 775.082, s. 775.083,
 1490  or s. 775.084. For the purposes of this paragraph, the term
 1491  “counterfeit” means marijuana; a marijuana delivery device; or a
 1492  marijuana or marijuana delivery device container, seal, or label
 1493  which, without authorization, bears the trademark, trade name,
 1494  or other identifying mark, imprint, or device, or any likeness
 1495  thereof, of a licensed medical marijuana retail facility and
 1496  which thereby falsely purports or is represented to be the
 1497  product of, or to have been distributed by, that licensed
 1498  medical marijuana retail facility.
 1499         (m)(l) Any person who possesses or manufactures a blank,
 1500  forged, stolen, fictitious, fraudulent, counterfeit, or
 1501  otherwise unlawfully issued medical marijuana use registry
 1502  identification card commits a felony of the third degree,
 1503  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1504         (15)(14) EXCEPTIONS TO OTHER LAWS.—
 1505         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1506  any other provision of law, but subject to the requirements of
 1507  this section, a qualified patient and the qualified patient’s
 1508  caregiver may purchase from a medical marijuana treatment center
 1509  or a medical marijuana retail facility for the patient’s medical
 1510  use a marijuana delivery device and up to the amount of
 1511  marijuana authorized in the physician certification, but may not
 1512  possess more than a 70-day supply of marijuana at any given time
 1513  and all marijuana purchased must remain in its original
 1514  packaging.
 1515         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1516  any other provision of law, but subject to the requirements of
 1517  this section, a licensed an approved medical marijuana treatment
 1518  center and its owners, managers, and employees may manufacture,
 1519  possess, sell, deliver, distribute, dispense, and lawfully
 1520  dispose of marijuana or a marijuana delivery device as provided
 1521  in this section, in s. 381.988, and by department rule. For the
 1522  purposes of this subsection, the terms “manufacture,”
 1523  “possession,” “deliver,” “distribute,” and “dispense” have the
 1524  same meanings as provided in s. 893.02.
 1525         (c)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1526  any other provision of law, but subject to the requirements of
 1527  this section, a medical marijuana retail facility and its
 1528  owners, managers, and employees may possess, sell, distribute,
 1529  dispense, and lawfully dispose of marijuana or a marijuana
 1530  delivery device as provided in this section, in s. 381.988, and
 1531  by department rule. For the purposes of this subsection, the
 1532  terms “possession,” “distribute,” and “dispense” have the same
 1533  meanings as provided in s. 893.02.
 1534         (d)(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1535  or any other provision of law, but subject to the requirements
 1536  of this section, a certified marijuana testing laboratory,
 1537  including an employee of a certified marijuana testing
 1538  laboratory acting within the scope of his or her employment, may
 1539  acquire, possess, test, transport, and lawfully dispose of
 1540  marijuana as provided in this section, in s. 381.988, and by
 1541  department rule.
 1542         (e)(d) A licensed medical marijuana treatment center and
 1543  its owners, managers, and employees are not subject to licensure
 1544  or regulation under chapter 465 or chapter 499 for
 1545  manufacturing, possessing, selling, delivering, distributing,
 1546  dispensing, or lawfully disposing of marijuana or a marijuana
 1547  delivery device, as provided in this section, in s. 381.988, and
 1548  by department rule.
 1549         (f)A licensed medical marijuana retail facility and its
 1550  owners, managers, and employees are not subject to licensure or
 1551  regulation under chapter 465 or chapter 499 for possessing,
 1552  selling, distributing, dispensing, or lawfully disposing of
 1553  marijuana or a marijuana delivery device, as provided in this
 1554  section, in s. 381.988, and by department rule.
 1555         (g)(e) This subsection does not exempt a person from
 1556  prosecution for a criminal offense related to impairment or
 1557  intoxication resulting from the medical use of marijuana or
 1558  relieve a person from any requirement under law to submit to a
 1559  breath, blood, urine, or other test to detect the presence of a
 1560  controlled substance.
 1561         (h)(f) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1562  or any other provision of law, but subject to the requirements
 1563  of this section and pursuant to policies and procedures
 1564  established pursuant to s. 1006.62(8), school personnel may
 1565  possess marijuana that is obtained for medical use pursuant to
 1566  this section by a student who is a qualified patient.
 1567         (i)(g) Notwithstanding s. 893.13, s. 893.135, s. 893.147,
 1568  or any other provision of law, but subject to the requirements
 1569  of this section, a research institute established by a public
 1570  postsecondary educational institution, such as the H. Lee
 1571  Moffitt Cancer Center and Research Institute, Inc., established
 1572  under s. 1004.43, or a state university that has achieved the
 1573  preeminent state research university designation under s.
 1574  1001.7065 may possess, test, transport, and lawfully dispose of
 1575  marijuana for research purposes as provided by this section.
 1576         Section 2. Section 381.987, Florida Statutes, is amended to
 1577  read:
 1578         381.987 Public records exemption for personal identifying
 1579  information relating to medical marijuana held by the
 1580  department.—
 1581         (1) The following information is confidential and exempt
 1582  from s. 119.07(1) and s. 24(a), Art. I of the State
 1583  Constitution:
 1584         (a) A patient’s or caregiver’s personal identifying
 1585  information held by the department in the medical marijuana use
 1586  registry established under s. 381.986, including, but not
 1587  limited to, the patient’s or caregiver’s name, address, date of
 1588  birth, photograph, and telephone number.
 1589         (b) All personal identifying information collected for the
 1590  purpose of issuing a patient’s or caregiver’s medical marijuana
 1591  use registry identification card described in s. 381.896.
 1592         (c) All personal identifying information pertaining to the
 1593  physician certification for marijuana and the dispensing thereof
 1594  held by the department, including, but not limited to,
 1595  information related to the patient’s diagnosis, exception
 1596  requests to the daily dose amount limit, and the qualified
 1597  patient’s experience related to the medical use of marijuana.
 1598         (d) A qualified physician’s Drug Enforcement Administration
 1599  number, residential address, and government-issued
 1600  identification card.
 1601         (2) The department shall allow access to the confidential
 1602  and exempt information in the medical marijuana use registry to:
 1603         (a) A law enforcement agency that is investigating a
 1604  violation of law regarding marijuana in which the subject of the
 1605  investigation claims an exception established under s. 381.986,
 1606  except for information related to the patient’s diagnosis.
 1607         (b) A medical marijuana treatment center or a medical
 1608  marijuana retail facility that is licensed approved by the
 1609  department pursuant to s. 381.986 which is attempting to verify
 1610  the authenticity of a physician certification for marijuana,
 1611  including whether the certification had been previously filled
 1612  and whether the certification was issued for the person
 1613  attempting to have it filled, except for information related to
 1614  the patient’s diagnosis.
 1615         (c) A physician who has issued a certification for
 1616  marijuana for the purpose of monitoring the patient’s use of
 1617  such marijuana or for the purpose of determining, before issuing
 1618  a certification for marijuana, whether another physician has
 1619  issued a certification for the patient’s use of marijuana. The
 1620  physician may access the confidential and exempt information
 1621  only for the patient for whom he or she has issued a
 1622  certification or is determining whether to issue a certification
 1623  for the use of marijuana pursuant to s. 381.986.
 1624         (d) A practitioner licensed to prescribe prescription
 1625  medications to ensure proper care of a patient before
 1626  prescribing medication to that patient which may interact with
 1627  marijuana.
 1628         (e) An employee of the department for the purposes of
 1629  maintaining the registry and periodic reporting or disclosure of
 1630  information that has been redacted to exclude personal
 1631  identifying information.
 1632         (f) An employee of the department for the purposes of
 1633  reviewing physician registration and the issuance of physician
 1634  certifications to monitor practices that could facilitate
 1635  unlawful diversion or the misuse of marijuana or a marijuana
 1636  delivery device.
 1637         (g) The department’s relevant health care regulatory boards
 1638  responsible for the licensure, regulation, or discipline of a
 1639  physician if he or she is involved in a specific investigation
 1640  of a violation of s. 381.986. If a health care regulatory
 1641  board’s investigation reveals potential criminal activity, the
 1642  board may provide any relevant information to the appropriate
 1643  law enforcement agency.
 1644         (h) The Coalition for Medical Marijuana Research and
 1645  Education established in s. 1004.4351(4).
 1646         (i) A person engaged in bona fide research if the person
 1647  agrees:
 1648         1. To submit a research plan to the department which
 1649  specifies the exact nature of the information requested and the
 1650  intended use of the information;
 1651         2. To maintain the confidentiality of the records or
 1652  information if personal identifying information is made
 1653  available to the researcher;
 1654         3. To destroy any confidential and exempt records or
 1655  information obtained after the research is concluded; and
 1656         4. Not to contact, directly or indirectly, for any purpose,
 1657  a patient or physician whose information is in the registry.
 1658         (3) The department shall allow access to the confidential
 1659  and exempt information pertaining to the physician certification
 1660  for marijuana and the dispensing thereof, whether in the
 1661  registry or otherwise held by the department, to:
 1662         (a) An employee of the department for the purpose of
 1663  approving or disapproving a request for an exception to the
 1664  daily dose amount limit for a qualified patient; and
 1665         (b) The Coalition for Medical Marijuana Research and
 1666  Education pursuant to s. 381.986 for the purpose of conducting
 1667  research regarding the medical use of marijuana.
 1668         (4) All information released by the department under
 1669  subsections (2) and (3) remains confidential and exempt, and a
 1670  person who receives access to such information must maintain the
 1671  confidential and exempt status of the information received.
 1672         (5) A person who willfully and knowingly violates this
 1673  section commits a felony of the third degree, punishable as
 1674  provided in s. 775.082 or s. 775.083.
 1675         (6) This section is subject to the Open Government Sunset
 1676  Review Act in accordance with s. 119.15 and shall stand repealed
 1677  on October 2, 2022, unless reviewed and saved from repeal
 1678  through reenactment by the Legislature.
 1679         Section 3. This act shall take effect upon becoming a law.