Florida Senate - 2022                                     SB 776
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00030-22                                            2022776__
    1                        A bill to be entitled                      
    2         An act relating to the availability of marijuana for
    3         adult use; amending s. 212.08, F.S.; revising the
    4         sales tax exemption for the sale of marijuana and
    5         marijuana delivery devices to apply only to purchases
    6         by qualified patients and caregivers; amending s.
    7         381.986, F.S.; revising definitions; revising
    8         background screening requirements for caregivers;
    9         revising provisions related to the licensure and
   10         functions of medical marijuana treatment centers
   11         (MMTCs); requiring the Department of Health to adopt
   12         by rule certain standards and procedures; requiring
   13         the department to adopt by rule a certain MMTC
   14         registration form; specifying registration
   15         requirements; providing that a registration expires
   16         after a specified time; requiring an MMTC to obtain
   17         separate operating licenses to perform certain
   18         operations; specifying application requirements for
   19         MMTCs to obtain cultivation licenses and processing
   20         licenses; providing for the expiration of and renewal
   21         of such licenses; requiring an MMTC to obtain a
   22         facility permit before cultivating or processing
   23         marijuana in the facility; authorizing MMTCs licensed
   24         to cultivate or process marijuana to use contractors
   25         to assist with the cultivation and processing of
   26         marijuana under certain conditions; requiring work
   27         done by the contractors to be at permitted facilities;
   28         requiring the contractors to register principals and
   29         employees; providing for the destruction of certain
   30         marijuana byproducts within a specified timeframe
   31         after their production; authorizing MMTCs licensed to
   32         cultivate and process marijuana to sell marijuana at
   33         wholesale to other registered MMTCs under certain
   34         circumstances; prohibiting an MMTC from transporting
   35         or delivering marijuana outside of its property
   36         without a transportation license; providing
   37         requirements for the cultivation and processing of
   38         marijuana; deleting a requirement that each MMTC
   39         produce and make available for purchase at least one
   40         low-THC cannabis product; deleting certain
   41         tetrahydrocannabinol limits for edibles; requiring an
   42         MMTC that holds a license for processing to test
   43         marijuana before it is sold in addition to when it is
   44         dispensed; deleting obsolete language; revising
   45         marijuana packaging requirements; providing
   46         application requirements for an MMTC to obtain a
   47         retail license; providing for the expiration and
   48         renewal of such license; requiring an MMTC to obtain a
   49         facility permit before selling, dispensing, or storing
   50         marijuana in a facility; requiring an MMTC to cease
   51         certain operations in a facility under certain
   52         circumstances; prohibiting a dispensing facility from
   53         repackaging or modifying marijuana that has already
   54         been packaged for sale; providing exceptions;
   55         authorizing a retail licensee to contract with an MMTC
   56         that has a transportation license to transport
   57         marijuana for the retail licensee under certain
   58         circumstances; prohibiting onsite consumption or
   59         administration of marijuana at a dispensing facility;
   60         revising requirements for the dispensing of marijuana;
   61         requiring a licensed retail MMTC to include specified
   62         information on the label for marijuana or a marijuana
   63         delivery device dispensed to a qualified patient or
   64         caregiver; authorizing an MMTC to sell marijuana to an
   65         adult 21 years of age or older under certain
   66         circumstances; requiring MMTC employees to verify the
   67         age of such buyers using specified methods;
   68         prohibiting an MMTC from requesting or storing any
   69         personal information of a buyer other than that needed
   70         to verify the buyer’s age; deleting a provision
   71         prohibiting an MMTC from dispensing or selling
   72         specified products; revising safety and security
   73         requirements for MMTCs; providing application
   74         requirements for an MMTC to obtain a transportation
   75         license; providing marijuana transportation
   76         requirements; prohibiting the transportation of
   77         marijuana on certain properties; prohibiting the
   78         transportation of marijuana in a vehicle that is not
   79         owned or leased by a licensee or the licensee’s
   80         contractor and not appropriately permitted by the
   81         department; providing a process for the issuance and
   82         cancellation of vehicle permits; requiring MMTCs to
   83         designate a registered employee or contract employee
   84         as the driver for each permitted vehicle; requiring
   85         the designation to be displayed in the vehicle at all
   86         times; requiring that each permitted vehicle be GPS
   87         monitored; specifying that a permitted vehicle
   88         transporting marijuana is subject to inspection and
   89         search without a search warrant by specified persons;
   90         authorizing an MMTC licensed to transport marijuana
   91         and marijuana delivery devices to deliver or contract
   92         for the delivery of marijuana and marijuana delivery
   93         devices to other MMTCs within this state, to qualified
   94         patients and caregivers within this state, and to
   95         adults 21 years of age or older within this state;
   96         establishing that a county or municipality may not
   97         prohibit deliveries of marijuana or marijuana delivery
   98         devices to qualified patients and caregivers within
   99         the county or municipality; requiring an MMTC
  100         delivering marijuana or a marijuana delivery device to
  101         a qualified patient or his or her caregiver to verify
  102         the identity of the qualified patient; requiring an
  103         MMTC delivering marijuana to an adult 21 years of age
  104         or older to verify his or her age; requiring the
  105         department to adopt certain rules for the delivery of
  106         marijuana; authorizing MMTCs to use contractors to
  107         assist with the transportation of marijuana;
  108         specifying that an MMTC is responsible for a
  109         contractor’s actions and operations related to the
  110         transportation of marijuana; requiring an MMTC to know
  111         the location of all of its marijuana products at all
  112         times; requiring principals and employees of a
  113         contractor to register with the department and receive
  114         an MMTC employee identification card before
  115         participating in the operations of an MMTC; providing
  116         for the permitting of cultivation, processing,
  117         dispensing, and storage facilities; requiring the
  118         department to adopt by rule a facility permit
  119         application form; requiring the department to inspect
  120         a facility before issuing a permit; requiring the
  121         department to issue or deny a facility permit within a
  122         specified timeframe; providing for the expiration of
  123         facility permits; requiring the department to inspect
  124         a facility for compliance before the renewal of a
  125         facility permit; requiring an MMTC to cease applicable
  126         operations if a facility’s permit expires or is
  127         suspended or revoked; requiring cultivation facilities
  128         and processing facilities to be insured with specified
  129         hazard and liability insurance; providing cultivation
  130         facility and processing facility requirements;
  131         preempting to the state all matters regarding the
  132         permitting and regulation of cultivation facilities
  133         and processing facilities; requiring dispensing
  134         facilities and storage facilities to be insured with
  135         specified hazard and liability insurance; providing
  136         dispensing facility and storage facility requirements;
  137         clarifying that the governing body of a county or a
  138         municipality may prohibit or limit the number of
  139         dispensing facilities located within its jurisdiction
  140         but may not prohibit a licensed retail MMTC or its
  141         permitted storage facility from being located in such
  142         county’s or municipality’s jurisdiction if the MMTC is
  143         delivering marijuana to qualified patients in that
  144         jurisdiction; prohibiting the department from issuing
  145         a facility permit for a dispensing facility in a
  146         county or municipality that adopts a specified
  147         ordinance; authorizing a county or municipality to
  148         levy a local tax on a dispensing facility; providing
  149         that local ordinances may not result in or provide for
  150         certain outcomes; authorizing the department to adopt
  151         specified requirements by rule; requiring the
  152         department to adopt rules to administer the
  153         registration of certain MMTC principals, employees,
  154         and contractors; requiring an MMTC to apply to the
  155         department for the registration of certain persons
  156         before hiring or contracting with any such persons;
  157         requiring the department to adopt by rule a
  158         registration form that includes specified information;
  159         requiring the department to register persons who
  160         satisfy specified conditions and issue them MMTC
  161         employee identification cards; requiring a registered
  162         person and the MMTC to update the department within a
  163         specified timeframe if certain information or the
  164         person’s employment status changes; authorizing the
  165         department to contract with vendors to issue MMTC
  166         employee identification cards; requiring the
  167         department to inspect an MMTC and its facilities upon
  168         receipt of a complaint and to inspect each permitted
  169         facility at least biennially; authorizing the
  170         department to conduct additional inspections of a
  171         facility under certain circumstances; authorizing the
  172         department to suspend, revoke, or refuse to renew an
  173         MMTC’s registration, operating licenses, vehicle
  174         permits, or facility permits for violating certain
  175         provisions; requiring the department to refuse to
  176         renew an MMTC’s cultivation, processing, retail, or
  177         transportation license under certain circumstances;
  178         revising provisions related to penalties and fees to
  179         conform to changes made by the act; providing
  180         applicability; deleting obsolete language; creating s.
  181         381.990, F.S.; authorizing a person 21 years of age or
  182         older to purchase marijuana products, marijuana in a
  183         form for smoking, and marijuana delivery devices under
  184         certain circumstances; providing that such products be
  185         purchased from an MMTC licensed by the department for
  186         the retail sale of marijuana and registered with the
  187         Department of Business and Professional Regulation for
  188         sale of marijuana for adult use; providing penalties;
  189         authorizing a person 21 years of age or older to
  190         possess, use, transport, or transfer to another person
  191         21 years of age or older marijuana products, marijuana
  192         in a form for smoking, and marijuana delivery devices
  193         under certain circumstances; providing limitations and
  194         penalties; clarifying that a private property owner
  195         may restrict the smoking or vaping of marijuana on his
  196         or her property but a landlord may not prevent his or
  197         her tenants from possessing or using marijuana by
  198         other means; providing that certain provisions do not
  199         exempt a person from prosecution for a criminal
  200         offense related to impairment or intoxication
  201         resulting from the use of marijuana and do not relieve
  202         a person from any legal requirement to submit to
  203         certain tests to detect the presence of a controlled
  204         substance; requiring the Department of Agriculture and
  205         Consumer Services to conduct a study on the harms and
  206         benefits of allowing the cultivation of marijuana by
  207         members of the public for private use, including use
  208         of a specified model; requiring the department to
  209         report the results of the study to the Governor and
  210         the Legislature by a specified date; amending s.
  211         893.13, F.S.; authorizing a person 21 years of age or
  212         older to deliver marijuana products to another person
  213         21 years of age or older and to possess marijuana
  214         products in a specified amount under certain
  215         circumstances; providing criminal penalties for the
  216         delivery or possession of marijuana products by a
  217         person younger than 21 years of age under certain
  218         circumstances; creating s. 893.1352, F.S.; providing
  219         legislative intent; providing for the retroactive
  220         applicability of s. 893.13, F.S.; requiring certain
  221         sentences for specified offenses; requiring sentence
  222         review hearings for individuals serving certain
  223         sentences for specified crimes, if requested;
  224         providing requirements for sentence review and
  225         resentencing; requiring the waiver of certain
  226         conviction-related fines, fees, and costs under
  227         certain circumstances; amending s. 893.147, F.S.;
  228         authorizing a person 21 years of age or older to
  229         possess, use, transport, or deliver, without
  230         consideration, a marijuana delivery device to a person
  231         21 years of age or older; providing criminal penalties
  232         for the possession, use, transport, or delivery,
  233         without consideration, of a marijuana delivery device
  234         by a person younger than 21 years of age under certain
  235         circumstances; creating s. 943.0586, F.S.; defining
  236         terms; authorizing an individual convicted of certain
  237         crimes to petition the court for expunction of his or
  238         her criminal history record under specified
  239         circumstances; requiring such individual to first
  240         obtain a certificate of eligibility for expunction
  241         from the Department of Law Enforcement; requiring the
  242         department to adopt rules establishing the procedures
  243         for applying for and issuing such certificates;
  244         requiring the department to issue a certificate of
  245         eligibility for expunction under specified
  246         circumstances; providing for the expiration of and
  247         reapplication for such certificate; providing
  248         requirements for the petition for expunction;
  249         providing criminal penalties; providing for the
  250         court’s authority over its own procedures, with an
  251         exception; requiring the court to order the expunction
  252         of a criminal history record under certain
  253         circumstances; clarifying that expunction of certain
  254         criminal history records does not affect eligibility
  255         for expunction of other criminal history records;
  256         providing requirements for processing expunction
  257         petitions and orders; providing that a person granted
  258         an expunction may lawfully deny or fail to acknowledge
  259         the underlying arrest or conviction, with exceptions;
  260         providing that a person may not be deemed to have
  261         committed perjury or otherwise held liable for giving
  262         a false statement if he or she fails to recite or
  263         acknowledge an expunged criminal history record;
  264         amending s. 893.15, F.S.; conforming a provision to
  265         changes made by the act; providing effective dates.
  266          
  267  Be It Enacted by the Legislature of the State of Florida:
  268  
  269         Section 1. Paragraph (l) of subsection (2) of section
  270  212.08, Florida Statutes, is amended to read:
  271         212.08 Sales, rental, use, consumption, distribution, and
  272  storage tax; specified exemptions.—The sale at retail, the
  273  rental, the use, the consumption, the distribution, and the
  274  storage to be used or consumed in this state of the following
  275  are hereby specifically exempt from the tax imposed by this
  276  chapter.
  277         (2) EXEMPTIONS; MEDICAL.—
  278         (l) Marijuana and marijuana delivery devices, as defined in
  279  s. 381.986, are exempt from the taxes imposed under this chapter
  280  if they are purchased by a qualified patient or a caregiver, as
  281  those terms are defined in s. 381.986.
  282         Section 2. Paragraphs (d) through (h), (j), and (k) of
  283  subsection (1), paragraph (b) of subsection (3), paragraph (f)
  284  of subsection (4), paragraphs (a) and (f) of subsection (5),
  285  paragraph (b) of subsection (6), subsections (8) through (12),
  286  paragraphs (a), (b), (c), and (e) of subsection (14), and
  287  subsection (17) of section 381.986, Florida Statutes, are
  288  amended to read:
  289         381.986 Medical use of marijuana.—
  290         (1) DEFINITIONS.—As used in this section, the term:
  291         (d) “Edibles” means commercially produced food items made
  292  with marijuana oil, but no other form of marijuana, which that
  293  are produced and dispensed by a medical marijuana treatment
  294  center (MMTC).
  295         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
  296  the dried flowers of which contain 0.8 percent or less of
  297  tetrahydrocannabinol and more than 10 percent of cannabidiol
  298  weight for weight; the seeds thereof; the resin extracted from
  299  any part of such plant; or any compound, manufacture, salt,
  300  derivative, mixture, or preparation of such plant or its seeds
  301  or resin which that is dispensed from an MMTC a medical
  302  marijuana treatment center.
  303         (f) “Marijuana” means all parts of any plant of the genus
  304  Cannabis, whether growing or not; the seeds thereof; the resin
  305  extracted from any part of the plant; and every compound,
  306  manufacture, salt, derivative, mixture, or preparation of the
  307  plant or its seeds or resin, including low-THC cannabis, which
  308  is are dispensed from an MMTC a medical marijuana treatment
  309  center for medical use by a qualified patient.
  310         (g) “Marijuana delivery device” means an object used,
  311  intended for use, or designed for use in preparing, storing,
  312  ingesting, inhaling, or otherwise introducing marijuana into the
  313  human body, and which object is dispensed from an MMTC a medical
  314  marijuana treatment center for medical use by a qualified
  315  patient; however, such objects that are except that delivery
  316  devices intended solely for the medical use of marijuana by
  317  smoking need not be dispensed from an MMTC and a medical
  318  marijuana treatment center in order to qualify as marijuana
  319  delivery devices.
  320         (h) “Marijuana testing laboratory” means a facility
  321  certified by the department pursuant to s. 381.988 which that
  322  collects and analyzes marijuana samples from an MMTC a medical
  323  marijuana treatment center and has been certified by the
  324  department pursuant to s. 381.988.
  325         (j) “Medical use” means the acquisition, possession, use,
  326  delivery, transfer, or administration of marijuana authorized by
  327  a physician certification. The term does not include:
  328         1. Possession, use, or administration of marijuana that was
  329  not purchased or acquired from an MMTC a medical marijuana
  330  treatment center.
  331         2. Possession, use, or administration of marijuana in the
  332  form of commercially produced food items other than edibles or
  333  of marijuana seeds.
  334         3. Use or administration of any form or amount of marijuana
  335  in a manner that is inconsistent with the qualified physician’s
  336  directions or physician certification.
  337         4. Transfer of marijuana to a person other than the
  338  qualified patient for whom it was authorized or the qualified
  339  patient’s caregiver on behalf of the qualified patient.
  340         5. Use or administration of marijuana in the following
  341  locations:
  342         a. On any form of public transportation, except for low-THC
  343  cannabis not in a form for smoking.
  344         b. In any public place, except for low-THC cannabis not in
  345  a form for smoking.
  346         c. In a qualified patient’s place of employment, except
  347  when permitted by his or her employer.
  348         d. In a state correctional institution, as defined in s.
  349  944.02, or a correctional institution, as defined in s. 944.241.
  350         e. On the grounds of a preschool, primary school, or
  351  secondary school, except as provided in s. 1006.062.
  352         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  353  except for low-THC cannabis not in a form for smoking.
  354         6. The smoking of marijuana in an enclosed indoor workplace
  355  as defined in s. 386.203(5).
  356         (k) “Physician certification” means a qualified physician’s
  357  authorization for a qualified patient to receive marijuana and a
  358  marijuana delivery device from an MMTC a medical marijuana
  359  treatment center.
  360         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  361         (b) A qualified physician may not be employed by, or have
  362  any direct or indirect economic interest in, a medical marijuana
  363  treatment center (MMTC) or marijuana testing laboratory.
  364         (4) PHYSICIAN CERTIFICATION.—
  365         (f) A qualified physician may not issue a physician
  366  certification for more than three 70-day supply limits of
  367  marijuana or more than six 35-day supply limits of marijuana in
  368  a form for smoking. The department shall quantify by rule a
  369  daily dose amount with equivalent dose amounts for each
  370  allowable form of marijuana dispensed by a medical marijuana
  371  treatment center (MMTC). The department shall use the daily dose
  372  amount to calculate a 70-day supply.
  373         1. A qualified physician may request an exception to the
  374  daily dose amount limit, the 35-day supply limit of marijuana in
  375  a form for smoking, and the 4-ounce possession limit of
  376  marijuana in a form for smoking established in paragraph
  377  (14)(a). The request shall be made electronically on a form
  378  adopted by the department in rule and must include, at a
  379  minimum:
  380         a. The qualified patient’s qualifying medical condition.
  381         b. The dosage and route of administration that was
  382  insufficient to provide relief to the qualified patient.
  383         c. A description of how the patient will benefit from an
  384  increased amount.
  385         d. The minimum daily dose amount of marijuana that would be
  386  sufficient for the treatment of the qualified patient’s
  387  qualifying medical condition.
  388         2. A qualified physician must provide the qualified
  389  patient’s records upon the request of the department.
  390         3. The department shall approve or disapprove the request
  391  within 14 days after receipt of the complete documentation
  392  required by this paragraph. The request shall be deemed approved
  393  if the department fails to act within this time period.
  394         (5) MEDICAL MARIJUANA USE REGISTRY.—
  395         (a) The department shall create and maintain a secure,
  396  electronic, and online medical marijuana use registry for
  397  physicians, patients, and caregivers as provided under this
  398  section. The medical marijuana use registry must be accessible
  399  to law enforcement agencies, qualified physicians, and medical
  400  marijuana treatment centers (MMTCs) to verify the authorization
  401  of a qualified patient or a caregiver to possess marijuana or a
  402  marijuana delivery device and record the marijuana or marijuana
  403  delivery device dispensed. The medical marijuana use registry
  404  must also be accessible to practitioners licensed to prescribe
  405  prescription drugs to ensure proper care for patients before
  406  medications that may interact with the medical use of marijuana
  407  are prescribed. The medical marijuana use registry must prevent
  408  an active registration of a qualified patient by multiple
  409  physicians.
  410         (f) The department may revoke the registration of a
  411  qualified patient or caregiver who cultivates marijuana or who
  412  acquires, possesses, or delivers marijuana from any person or
  413  entity other than an MMTC a medical marijuana treatment center.
  414         (6) CAREGIVERS.—
  415         (b) A caregiver must:
  416         1. Not be a qualified physician and not be employed by or
  417  have an economic interest in a medical marijuana treatment
  418  center (MMTC) or a marijuana testing laboratory.
  419         2. Be 21 years of age or older and a resident of this
  420  state.
  421         3. Agree in writing to assist with the qualified patient’s
  422  medical use of marijuana.
  423         4. Be registered in the medical marijuana use registry as a
  424  caregiver for no more than one qualified patient, except as
  425  provided in this paragraph.
  426         5. Successfully complete a caregiver certification course
  427  developed and administered by the department or its designee,
  428  which must be renewed biennially. The price of the course may
  429  not exceed $100.
  430         6. Pass a level 2 background screening pursuant to chapter
  431  435 subsection (9), unless the patient is a close relative of
  432  the caregiver. In addition to the disqualifying offenses
  433  specified in s. 435.04(2) and (3), a person may not serve as a
  434  caregiver if he or she has an arrest awaiting final disposition
  435  for; has been found guilty of, regardless of adjudication; or
  436  has entered a plea of nolo contendere or guilty to an offense
  437  under chapter 837, chapter 895, or chapter 896 or a similar law
  438  of another jurisdiction.
  439         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  440         (a) The department shall license medical marijuana
  441  treatment centers to ensure reasonable statewide accessibility
  442  and availability as necessary for qualified patients registered
  443  in the medical marijuana use registry and who are issued a
  444  physician certification under this section.
  445         1. As soon as practicable, but no later than July 3, 2017,
  446  the department shall license as a medical marijuana treatment
  447  center any entity that holds an active, unrestricted license to
  448  cultivate, process, transport, and dispense low-THC cannabis,
  449  medical cannabis, and cannabis delivery devices, under former s.
  450  381.986, Florida Statutes 2016, before July 1, 2017, and which
  451  meets the requirements of this section. In addition to the
  452  authority granted under this section, these entities are
  453  authorized to dispense low-THC cannabis, medical cannabis, and
  454  cannabis delivery devices ordered pursuant to former s. 381.986,
  455  Florida Statutes 2016, which were entered into the compassionate
  456  use registry before July 1, 2017, and are authorized to begin
  457  dispensing marijuana under this section on July 3, 2017. The
  458  department may grant variances from the representations made in
  459  such an entity’s original application for approval under former
  460  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  461         2. The department shall license as medical marijuana
  462  treatment centers 10 applicants that meet the requirements of
  463  this section, under the following parameters:
  464         a. As soon as practicable, but no later than August 1,
  465  2017, the department shall license any applicant whose
  466  application was reviewed, evaluated, and scored by the
  467  department and which was denied a dispensing organization
  468  license by the department under former s. 381.986, Florida
  469  Statutes 2014; which had one or more administrative or judicial
  470  challenges pending as of January 1, 2017, or had a final ranking
  471  within one point of the highest final ranking in its region
  472  under former s. 381.986, Florida Statutes 2014; which meets the
  473  requirements of this section; and which provides documentation
  474  to the department that it has the existing infrastructure and
  475  technical and technological ability to begin cultivating
  476  marijuana within 30 days after registration as a medical
  477  marijuana treatment center.
  478         b. As soon as practicable, the department shall license one
  479  applicant that is a recognized class member of Pigford v.
  480  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  481  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  482  under this sub-subparagraph is exempt from the requirement of
  483  subparagraph (b)2.
  484         c. As soon as practicable, but no later than October 3,
  485  2017, the department shall license applicants that meet the
  486  requirements of this section in sufficient numbers to result in
  487  10 total licenses issued under this subparagraph, while
  488  accounting for the number of licenses issued under sub
  489  subparagraphs a. and b.
  490         3. For up to two of the licenses issued under subparagraph
  491  2., the department shall give preference to applicants that
  492  demonstrate in their applications that they own one or more
  493  facilities that are, or were, used for the canning,
  494  concentrating, or otherwise processing of citrus fruit or citrus
  495  molasses and will use or convert the facility or facilities for
  496  the processing of marijuana.
  497         4. Within 6 months after the registration of 100,000 active
  498  qualified patients in the medical marijuana use registry, the
  499  department shall license four additional medical marijuana
  500  treatment centers that meet the requirements of this section.
  501  Thereafter, the department shall license four medical marijuana
  502  treatment centers within 6 months after the registration of each
  503  additional 100,000 active qualified patients in the medical
  504  marijuana use registry that meet the requirements of this
  505  section.
  506         5. Dispensing facilities are subject to the following
  507  requirements:
  508         a. A medical marijuana treatment center may not establish
  509  or operate more than a statewide maximum of 25 dispensing
  510  facilities, unless the medical marijuana use registry reaches a
  511  total of 100,000 active registered qualified patients. When the
  512  medical marijuana use registry reaches 100,000 active registered
  513  qualified patients, and then upon each further instance of the
  514  total active registered qualified patients increasing by
  515  100,000, the statewide maximum number of dispensing facilities
  516  that each licensed medical marijuana treatment center may
  517  establish and operate increases by five.
  518         b. A medical marijuana treatment center may not establish
  519  more than the maximum number of dispensing facilities allowed in
  520  each of the Northwest, Northeast, Central, Southwest, and
  521  Southeast Regions. The department shall determine a medical
  522  marijuana treatment center’s maximum number of dispensing
  523  facilities allowed in each region by calculating the percentage
  524  of the total statewide population contained within that region
  525  and multiplying that percentage by the medical marijuana
  526  treatment center’s statewide maximum number of dispensing
  527  facilities established under sub-subparagraph a., rounded to the
  528  nearest whole number. The department shall ensure that such
  529  rounding does not cause a medical marijuana treatment center’s
  530  total number of statewide dispensing facilities to exceed its
  531  statewide maximum. The department shall initially calculate the
  532  maximum number of dispensing facilities allowed in each region
  533  for each medical marijuana treatment center using county
  534  population estimates from the Florida Estimates of Population
  535  2016, as published by the Office of Economic and Demographic
  536  Research, and shall perform recalculations following the
  537  official release of county population data resulting from each
  538  United States Decennial Census. For the purposes of this
  539  subparagraph:
  540         (I) The Northwest Region consists of Bay, Calhoun,
  541  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  542  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  543  Walton, and Washington Counties.
  544         (II) The Northeast Region consists of Alachua, Baker,
  545  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  546  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  547  Suwannee, and Union Counties.
  548         (III) The Central Region consists of Brevard, Citrus,
  549  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  550  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  551  Counties.
  552         (IV) The Southwest Region consists of Charlotte, Collier,
  553  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  554  Okeechobee, and Sarasota Counties.
  555         (V) The Southeast Region consists of Broward, Miami-Dade,
  556  Martin, Monroe, and Palm Beach Counties.
  557         c. If a medical marijuana treatment center establishes a
  558  number of dispensing facilities within a region that is less
  559  than the number allowed for that region under sub-subparagraph
  560  b., the medical marijuana treatment center may sell one or more
  561  of its unused dispensing facility slots to other licensed
  562  medical marijuana treatment centers. For each dispensing
  563  facility slot that a medical marijuana treatment center sells,
  564  that medical marijuana treatment center’s statewide maximum
  565  number of dispensing facilities, as determined under sub
  566  subparagraph a., is reduced by one. The statewide maximum number
  567  of dispensing facilities for a medical marijuana treatment
  568  center that purchases an unused dispensing facility slot is
  569  increased by one per slot purchased. Additionally, the sale of a
  570  dispensing facility slot shall reduce the seller’s regional
  571  maximum and increase the purchaser’s regional maximum number of
  572  dispensing facilities, as determined in sub-subparagraph b., by
  573  one for that region. For any slot purchased under this sub
  574  subparagraph, the regional restriction applied to that slot’s
  575  location under sub-subparagraph b. before the purchase shall
  576  remain in effect following the purchase. A medical marijuana
  577  treatment center that sells or purchases a dispensing facility
  578  slot must notify the department within 3 days of sale.
  579         d. This subparagraph shall expire on April 1, 2020.
  580  
  581  If this subparagraph or its application to any person or
  582  circumstance is held invalid, the invalidity does not affect
  583  other provisions or applications of this act which can be given
  584  effect without the invalid provision or application, and to this
  585  end, the provisions of this subparagraph are severable.
  586         (b) An applicant for licensure as a medical marijuana
  587  treatment center shall apply to the department on a form
  588  prescribed by the department and adopted in rule. The department
  589  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  590  establishing a procedure for the issuance and biennial renewal
  591  of licenses, including initial application and biennial renewal
  592  fees sufficient to cover the costs of implementing and
  593  administering this section, and establishing supplemental
  594  licensure fees for payment beginning May 1, 2018, sufficient to
  595  cover the costs of administering ss. 381.989 and 1004.4351. The
  596  department shall identify applicants with strong diversity plans
  597  reflecting this state’s commitment to diversity and implement
  598  training programs and other educational programs to enable
  599  minority persons and minority business enterprises, as defined
  600  in s. 288.703, and veteran business enterprises, as defined in
  601  s. 295.187, to compete for medical marijuana treatment center
  602  licensure and contracts. Subject to the requirements in
  603  subparagraphs (a)2.-4., the department shall issue a license to
  604  an applicant if the applicant meets the requirements of this
  605  section and pays the initial application fee. The department
  606  shall renew the licensure of a medical marijuana treatment
  607  center biennially if the licensee meets the requirements of this
  608  section and pays the biennial renewal fee. An individual may not
  609  be an applicant, owner, officer, board member, or manager on
  610  more than one application for licensure as a medical marijuana
  611  treatment center. An individual or entity may not be awarded
  612  more than one license as a medical marijuana treatment center.
  613  An applicant for licensure as a medical marijuana treatment
  614  center must demonstrate:
  615         1. That, for the 5 consecutive years before submitting the
  616  application, the applicant has been registered to do business in
  617  the state.
  618         2. Possession of a valid certificate of registration issued
  619  by the Department of Agriculture and Consumer Services pursuant
  620  to s. 581.131.
  621         3. The technical and technological ability to cultivate and
  622  produce marijuana, including, but not limited to, low-THC
  623  cannabis.
  624         4. The ability to secure the premises, resources, and
  625  personnel necessary to operate as a medical marijuana treatment
  626  center.
  627         5. The ability to maintain accountability of all raw
  628  materials, finished products, and any byproducts to prevent
  629  diversion or unlawful access to or possession of these
  630  substances.
  631         6. An infrastructure reasonably located to dispense
  632  marijuana to registered qualified patients statewide or
  633  regionally as determined by the department.
  634         7. The financial ability to maintain operations for the
  635  duration of the 2-year approval cycle, including the provision
  636  of certified financial statements to the department.
  637         a. Upon approval, the applicant must post a $5 million
  638  performance bond issued by an authorized surety insurance
  639  company rated in one of the three highest rating categories by a
  640  nationally recognized rating service. However, a medical
  641  marijuana treatment center serving at least 1,000 qualified
  642  patients is only required to maintain a $2 million performance
  643  bond.
  644         b. In lieu of the performance bond required under sub
  645  subparagraph a., the applicant may provide an irrevocable letter
  646  of credit payable to the department or provide cash to the
  647  department. If provided with cash under this sub-subparagraph,
  648  the department shall deposit the cash in the Grants and
  649  Donations Trust Fund within the Department of Health, subject to
  650  the same conditions as the bond regarding requirements for the
  651  applicant to forfeit ownership of the funds. If the funds
  652  deposited under this sub-subparagraph generate interest, the
  653  amount of that interest shall be used by the department for the
  654  administration of this section.
  655         8. That all owners, officers, board members, and managers
  656  have passed a background screening pursuant to subsection (9).
  657         9. The employment of a medical director to supervise the
  658  activities of the medical marijuana treatment center.
  659         10. A diversity plan that promotes and ensures the
  660  involvement of minority persons and minority business
  661  enterprises, as defined in s. 288.703, or veteran business
  662  enterprises, as defined in s. 295.187, in ownership, management,
  663  and employment. An applicant for licensure renewal must show the
  664  effectiveness of the diversity plan by including the following
  665  with his or her application for renewal:
  666         a. Representation of minority persons and veterans in the
  667  medical marijuana treatment center’s workforce;
  668         b. Efforts to recruit minority persons and veterans for
  669  employment; and
  670         c. A record of contracts for services with minority
  671  business enterprises and veteran business enterprises.
  672         (c) A medical marijuana treatment center may not make a
  673  wholesale purchase of marijuana from, or a distribution of
  674  marijuana to, another medical marijuana treatment center, unless
  675  the medical marijuana treatment center seeking to make a
  676  wholesale purchase of marijuana submits proof of harvest failure
  677  to the department.
  678         (d)Department responsibilities.The department shall do
  679  all of the following:
  680         1. Adopt by rule all of the following:
  681         a. Operating standards for the cultivation, processing,
  682  packaging, and labeling of marijuana.
  683         b. Standards for the sale of marijuana.
  684         c. Procedures and requirements for all of the following:
  685         (I) The registration and registration renewal of medical
  686  marijuana treatment centers (MMTCs).
  687         (II) The issuance and renewal of cultivation, processing,
  688  retail, and transportation operating licenses.
  689         (III) The issuance and renewal of cultivation, processing,
  690  dispensing, and storage facility permits and vehicle permits.
  691         (IV) The registration of all principals, employees, and
  692  contractors of an MMTC who will participate in the operations of
  693  the MMTC.
  694         (V) The issuance of MMTC employee identification cards to
  695  registered principals, employees, and contractors of MMTCs.
  696         2. Establish, maintain, and control a computer software
  697  tracking system that traces marijuana from seed to sale and
  698  allows real-time, 24-hour access by the department to data from
  699  all MMTCs medical marijuana treatment centers and marijuana
  700  testing laboratories. The tracking system must allow for
  701  integration of other seed-to-sale systems and, at a minimum,
  702  include notification of when marijuana seeds are planted, when
  703  marijuana plants are harvested and destroyed, and when marijuana
  704  is transported, sold, stolen, diverted, or lost. Each MMTC
  705  medical marijuana treatment center shall use the seed-to-sale
  706  tracking system established by the department or integrate its
  707  own seed-to-sale tracking system with the seed-to-sale tracking
  708  system established by the department. Each MMTC medical
  709  marijuana treatment center may use its own seed-to-sale system
  710  until the department establishes a seed-to-sale tracking system.
  711  The department may contract with a vendor to establish the seed
  712  to-sale tracking system. The vendor selected by the department
  713  may not have a contractual relationship with the department to
  714  perform any services pursuant to this section other than the
  715  seed-to-sale tracking system. The vendor may not have a direct
  716  or indirect financial interest in an MMTC a medical marijuana
  717  treatment center or a marijuana testing laboratory.
  718         (b) Registration.
  719         1. The department shall adopt by rule an MMTC registration
  720  form that requires, at a minimum, all of the following:
  721         a.The applicant’s full legal name.
  722         b.The physical address of each location where the
  723  applicant will apply for a facility permit to cultivate,
  724  process, dispense, or store marijuana.
  725         c.The name, address, and date of birth of each of the
  726  applicant’s principals.
  727         d.The name, address, and date of birth of each of the
  728  applicant’s current employees and contractors who will
  729  participate in the operations of the MMTC.
  730         e.The operation or operations in which the applicant
  731  intends to engage, which may include one or more of the
  732  following:
  733         (I)Cultivation.
  734         (II)Processing.
  735         (III)Retail sales.
  736         (IV) Transportation.
  737         2.To be registered as an MMTC, an applicant must submit
  738  all of the following to the department:
  739         a.The applicant’s completed registration form.
  740         b.Personnel registration forms, as described in subsection
  741  (9), for all principals, employees, and contractors listed on
  742  the applicant’s registration form who will participate in the
  743  operations of the MMTC. The department may not register the
  744  applicant as an MMTC until all principals, employees, and
  745  contractors listed on the applicant’s registration form have
  746  registered with the department and are issued MMTC employee
  747  identification cards.
  748         c.Proof that all principals listed on the applicant’s
  749  registration form who will participate in the operations of the
  750  MMTC have passed a level 2 background screening pursuant to
  751  chapter 435 within the previous year.
  752         d. Proof that the MMTC has the capability to comply with
  753  seed-to-sale tracking system requirements.
  754         e.Proof of the applicant’s financial ability to maintain
  755  operations for the duration of the registration.
  756         f.A $500,000 performance and compliance bond, or a $1
  757  million performance and compliance bond if the MMTC intends to
  758  cultivate or process marijuana, which will be forfeited if the
  759  MMTC fails to comply with:
  760         (I) Registration requirements in this paragraph during the
  761  registration period; or
  762         (II) Material requirements of this section which are
  763  applicable to the functions the applicant intends to perform, as
  764  indicated on the registration form.
  765         3. A registration expires 2 years after the date it is
  766  issued.
  767         4.In addition to obtaining registration pursuant to this
  768  paragraph, an MMTC shall obtain an operating license for each
  769  operation it will perform as provided in paragraph (c),
  770  paragraph (d), or paragraph (f), as applicable.
  771         (c) Cultivation licenses and processing licenses.
  772         1.A registered MMTC may apply for a cultivation license or
  773  a processing license. When applying, the MMTC shall provide the
  774  department with, at a minimum, all of the following:
  775         a. A completed cultivation license or processing license
  776  application form.
  777         b. The physical address of each location where marijuana
  778  will be cultivated, processed, or stored.
  779         c. As applicable to the requested license or licenses:
  780         (I)Proof of an established infrastructure, or the ability
  781  to establish an infrastructure in a reasonable amount of time,
  782  that is designed for cultivation, processing, testing,
  783  packaging, and labeling marijuana; proof of the ability to
  784  maintain the infrastructure’s security; and proof of the ability
  785  to prevent the theft or diversion of any marijuana.
  786         (II) Proof that the applicant has the technical and
  787  technological ability to cultivate and test or process and test
  788  marijuana.
  789         d. Proof of operating procedures designed to secure and
  790  maintain accountability for all marijuana and marijuana-related
  791  byproducts that come into the applicant’s possession and to
  792  comply with the required seed-to-sale tracking system.
  793         2. Cultivation licenses and processing licenses expire 2
  794  years after the date they are issued. To renew a license, the
  795  licensee must meet all of the requirements for initial
  796  licensure; must provide all of the documentation required under
  797  subparagraph 1.; and may not have any uncorrected substantial
  798  violations of the standards adopted by department rule for the
  799  cultivation, processing, testing, packaging, and labeling of
  800  marijuana.
  801         3. Before beginning cultivation or processing at any
  802  location, the licensee must obtain a facility permit from the
  803  department for that location pursuant to paragraph (g).
  804         4.A licensee under this subsection may use contractors to
  805  assist with the cultivation or processing of marijuana, as
  806  applicable, but the licensee is ultimately responsible for all
  807  of the operations performed by each contractor relating to the
  808  cultivation or processing of marijuana and is responsible for
  809  maintaining physical possession of the marijuana at all times.
  810  All work done by a contractor must be performed at a location
  811  that has a facility permit issued by the department. A licensee
  812  using a contractor must register any principal or employee of a
  813  contractor who will be participating in the operations of the
  814  licensee as provided in subsection (9). Such principal or
  815  employee may not begin participating in the operations of the
  816  licensee until he or she has received an MMTC employee
  817  identification card from the department.
  818         5. All marijuana byproducts that cannot be processed or
  819  reprocessed must be destroyed by the cultivation licensee or the
  820  processing licensee or their respective contractors within 30
  821  days after the production of the byproducts.
  822         6.A licensee under this subsection may sell marijuana at
  823  wholesale only to other registered MMTCs. Before selling
  824  marijuana at wholesale, the selling MMTC shall provide the
  825  purchasing MMTC with documentation showing that the marijuana
  826  meets the testing, packaging, and labeling requirements of this
  827  section. The purchasing MMTC shall review such documentation to
  828  determine that the marijuana is in compliance with this section
  829  before taking possession of the marijuana.
  830         7.Transportation or delivery of marijuana outside of the
  831  property owned by a licensee under this subsection may be
  832  performed only by an MMTC that holds a transportation license
  833  issued pursuant to paragraph (f)
  834         (e) A licensed medical marijuana treatment center shall
  835  cultivate, process, transport, and dispense marijuana for
  836  medical use. A licensed medical marijuana treatment center may
  837  not contract for services directly related to the cultivation,
  838  processing, and dispensing of marijuana or marijuana delivery
  839  devices, except that a medical marijuana treatment center
  840  licensed pursuant to subparagraph (a)1. may contract with a
  841  single entity for the cultivation, processing, transporting, and
  842  dispensing of marijuana and marijuana delivery devices. A
  843  licensed medical marijuana treatment center must, at all times,
  844  maintain compliance with the criteria demonstrated and
  845  representations made in the initial application and the criteria
  846  established in this subsection. Upon request, the department may
  847  grant a medical marijuana treatment center a variance from the
  848  representations made in the initial application. Consideration
  849  of such a request shall be based upon the individual facts and
  850  circumstances surrounding the request. A variance may not be
  851  granted unless the requesting medical marijuana treatment center
  852  can demonstrate to the department that it has a proposed
  853  alternative to the specific representation made in its
  854  application which fulfills the same or a similar purpose as the
  855  specific representation in a way that the department can
  856  reasonably determine will not be a lower standard than the
  857  specific representation in the application. A variance may not
  858  be granted from the requirements in subparagraph 2. and
  859  subparagraphs (b)1. and 2.
  860         1. A licensed medical marijuana treatment center may
  861  transfer ownership to an individual or entity who meets the
  862  requirements of this section. A publicly traded corporation or
  863  publicly traded company that meets the requirements of this
  864  section is not precluded from ownership of a medical marijuana
  865  treatment center. To accommodate a change in ownership:
  866         a. The licensed medical marijuana treatment center shall
  867  notify the department in writing at least 60 days before the
  868  anticipated date of the change of ownership.
  869         b. The individual or entity applying for initial licensure
  870  due to a change of ownership must submit an application that
  871  must be received by the department at least 60 days before the
  872  date of change of ownership.
  873         c. Upon receipt of an application for a license, the
  874  department shall examine the application and, within 30 days
  875  after receipt, notify the applicant in writing of any apparent
  876  errors or omissions and request any additional information
  877  required.
  878         d. Requested information omitted from an application for
  879  licensure must be filed with the department within 21 days after
  880  the department’s request for omitted information or the
  881  application shall be deemed incomplete and shall be withdrawn
  882  from further consideration and the fees shall be forfeited.
  883  
  884  Within 30 days after the receipt of a complete application, the
  885  department shall approve or deny the application.
  886         2. A medical marijuana treatment center, and any individual
  887  or entity who directly or indirectly owns, controls, or holds
  888  with power to vote 5 percent or more of the voting shares of a
  889  medical marijuana treatment center, may not acquire direct or
  890  indirect ownership or control of any voting shares or other form
  891  of ownership of any other medical marijuana treatment center.
  892         3. A medical marijuana treatment center may not enter into
  893  any form of profit-sharing arrangement with the property owner
  894  or lessor of any of its facilities where cultivation,
  895  processing, storing, or dispensing of marijuana and marijuana
  896  delivery devices occurs.
  897         4. All employees of a medical marijuana treatment center
  898  must be 21 years of age or older and have passed a background
  899  screening pursuant to subsection (9).
  900         5. Each medical marijuana treatment center must adopt and
  901  enforce policies and procedures to ensure employees and
  902  volunteers receive training on the legal requirements to
  903  dispense marijuana to qualified patients.
  904         8.6. When growing marijuana, an MMTC licensed for
  905  cultivation a medical marijuana treatment center:
  906         a. May use pesticides determined by the department, after
  907  consultation with the Department of Agriculture and Consumer
  908  Services, to be safely applied to plants intended for human
  909  consumption, but may not use pesticides designated as
  910  restricted-use pesticides pursuant to s. 487.042.
  911         b. Shall Must grow marijuana within an enclosed permitted
  912  cultivation facility structure and in a room separate from any
  913  other plant.
  914         c. Shall Must inspect seeds and growing plants for plant
  915  pests that endanger or threaten the horticultural and
  916  agricultural interests of the state in accordance with chapter
  917  581 and any rules adopted thereunder.
  918         d. Shall Must perform fumigation or treatment of plants, or
  919  remove and destroy infested or infected plants, in accordance
  920  with chapter 581 and any rules adopted thereunder.
  921         7. Each medical marijuana treatment center must produce and
  922  make available for purchase at least one low-THC cannabis
  923  product.
  924         9.8.An MMTC A medical marijuana treatment center that
  925  produces edibles must hold a permit to operate as a food
  926  establishment pursuant to chapter 500, the Florida Food Safety
  927  Act, and must comply with all the requirements for food
  928  establishments pursuant to chapter 500 and any rules adopted
  929  thereunder. Edibles may not contain more than 200 milligrams of
  930  tetrahydrocannabinol, and a single serving portion of an edible
  931  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  932  may have a tetrahydrocannabinol potency variance of no greater
  933  than 15 percent. Edibles may not be attractive to children; be
  934  manufactured in the shape of humans, cartoons, or animals; be
  935  manufactured in a form that bears any reasonable resemblance to
  936  products available for consumption as commercially available
  937  candy; or contain any color additives. To discourage consumption
  938  of edibles by children, the department shall determine by rule
  939  any shapes, forms, and ingredients allowed and prohibited for
  940  edibles. MMTCs Medical marijuana treatment centers may not begin
  941  processing or dispensing edibles until after the effective date
  942  of the rule. The department shall also adopt sanitation rules
  943  providing the standards and requirements for the storage,
  944  display, or dispensing of edibles.
  945         9. Within 12 months after licensure, a medical marijuana
  946  treatment center must demonstrate to the department that all of
  947  its processing facilities have passed a Food Safety Good
  948  Manufacturing Practices, such as Global Food Safety Initiative
  949  or equivalent, inspection by a nationally accredited certifying
  950  body. A medical marijuana treatment center must immediately stop
  951  processing at any facility which fails to pass this inspection
  952  until it demonstrates to the department that such facility has
  953  met this requirement.
  954         10.A medical marijuana treatment center that produces
  955  prerolled marijuana cigarettes may not use wrapping paper made
  956  with tobacco or hemp.
  957         10.11. When processing marijuana, an MMTC licensed for
  958  processing shall a medical marijuana treatment center must:
  959         a. Process the marijuana within an enclosed permitted
  960  processing facility structure and in a room separate from other
  961  plants or products.
  962         b. Comply with department rules when processing marijuana
  963  with hydrocarbon solvents or other solvents or gases exhibiting
  964  potential toxicity to humans. The department shall determine by
  965  rule the requirements for the medical marijuana treatment
  966  centers to use of such solvents or gases by MMTCs exhibiting
  967  potential toxicity to humans.
  968         c. Comply with federal and state laws and regulations and
  969  department rules for solid and liquid wastes. The department
  970  shall determine by rule procedures for the storage, handling,
  971  transportation, management, and disposal of solid and liquid
  972  waste generated during marijuana production and processing. The
  973  Department of Environmental Protection shall assist the
  974  department in developing such rules.
  975         d. Test the processed marijuana using a medical marijuana
  976  testing laboratory before it is sold or dispensed. Results must
  977  be verified and signed by two MMTC medical marijuana treatment
  978  center employees. Before selling, selling at wholesale, or
  979  dispensing, the MMTC shall medical marijuana treatment center
  980  must determine that the test results indicate that low-THC
  981  cannabis meets the definition of low-THC cannabis, the
  982  concentration of tetrahydrocannabinol meets the potency
  983  requirements of this section, the labeling of the concentration
  984  of tetrahydrocannabinol and cannabidiol is accurate, and all
  985  marijuana is safe for human consumption and free from
  986  contaminants that are unsafe for human consumption. The
  987  department shall determine by rule which contaminants must be
  988  tested for and the maximum levels of each contaminant which are
  989  safe for human consumption. The Department of Agriculture and
  990  Consumer Services shall assist the department in developing the
  991  testing requirements for contaminants that are unsafe for human
  992  consumption in edibles. The department shall also determine by
  993  rule the procedures for the treatment of marijuana that fails to
  994  meet the testing requirements of this section, s. 381.988, or
  995  department rule. The department may select a random sample from
  996  edibles available for purchase in a dispensing facility, which
  997  must shall be tested by the department to determine that the
  998  edible meets the potency requirements of this section and, is
  999  safe for human consumption, and that the labeling of the
 1000  tetrahydrocannabinol and cannabidiol concentration is accurate.
 1001  An MMTC A medical marijuana treatment center may not require
 1002  payment from the department for the sample. An MMTC shall A
 1003  medical marijuana treatment center must recall edibles,
 1004  including all edibles made from the same batch of marijuana,
 1005  which fail to meet the potency requirements of this section,
 1006  which are unsafe for human consumption, or for which the
 1007  labeling of the tetrahydrocannabinol and cannabidiol
 1008  concentration is inaccurate. An MMTC shall The medical marijuana
 1009  treatment center must retain records of all testing and samples
 1010  of each homogenous batch of marijuana for at least 9 months. An
 1011  MMTC shall The medical marijuana treatment center must contract
 1012  with a marijuana testing laboratory to perform audits on the
 1013  MMTC’s medical marijuana treatment center’s standard operating
 1014  procedures, testing records, and samples and provide the results
 1015  to the department to confirm that the marijuana or low-THC
 1016  cannabis meets the requirements of this section and that the
 1017  marijuana or low-THC cannabis is safe for human consumption. An
 1018  MMTC A medical marijuana treatment center shall reserve two
 1019  processed samples from each batch and retain such samples for at
 1020  least 9 months for the purpose of such audits. An MMTC A medical
 1021  marijuana treatment center may use a laboratory that has not
 1022  been certified by the department under s. 381.988 until such
 1023  time as at least one laboratory holds the required
 1024  certification, but in no event later than July 1, 2018.
 1025         e. Package the marijuana in compliance with the United
 1026  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
 1027  1471 et seq.
 1028         f. Package the marijuana in a receptacle that has a firmly
 1029  affixed and legible label stating the following information:
 1030         (I) That the marijuana or low-THC cannabis meets the
 1031  requirements of sub-subparagraph d.
 1032         (II) The name of the MMTC medical marijuana treatment
 1033  center from which the marijuana originates.
 1034         (III) The batch number and harvest number from which the
 1035  marijuana originates and the date that the marijuana is sold or
 1036  dispensed.
 1037         (IV) The name of the physician who issued the physician
 1038  certification.
 1039         (V) The name of the patient.
 1040         (VI) The product name, if applicable, and dosage form,
 1041  including concentration of tetrahydrocannabinol and cannabidiol.
 1042  The product name may not contain wording commonly associated
 1043  with products marketed by or to children.
 1044         (V)(VII) The recommended dose.
 1045         (VI)(VIII) A warning that it is illegal to transfer medical
 1046  marijuana to a another person younger than 21 years of age.
 1047         (VII)(IX) A marijuana universal symbol developed by the
 1048  department.
 1049         11.12. The MMTC that packages the marijuana medical
 1050  marijuana treatment center shall include in each package an a
 1051  patient package insert with information on the specific product
 1052  dispensed related to all of the following:
 1053         a. Clinical pharmacology.
 1054         b. Indications and use.
 1055         c. Dosage and administration.
 1056         d. Dosage forms and strengths.
 1057         e. Contraindications.
 1058         f. Warnings and precautions.
 1059         g. Adverse reactions.
 1060         12.13. In addition to the packaging and labeling
 1061  requirements specified in subparagraphs 10. and 11. and 12.,
 1062  marijuana in a form for smoking must be packaged in a sealed
 1063  receptacle with a legible and prominent warning to keep the
 1064  receptacle away from children and a warning that states that
 1065  marijuana smoke contains carcinogens and may negatively affect
 1066  health. Such receptacles for marijuana in a form for smoking
 1067  must be plain, opaque, and white without depictions of the
 1068  product or images other than the MMTC’s medical marijuana
 1069  treatment center’s department-approved logo and the marijuana
 1070  universal symbol.
 1071         13.14. The department shall adopt rules to regulate the
 1072  types, appearance, and labeling of marijuana delivery devices
 1073  dispensed from an MMTC a medical marijuana treatment center. The
 1074  rules must require marijuana delivery devices to have an
 1075  appearance consistent with medical use.
 1076         14.15. Each edible must shall be individually sealed in
 1077  plain, opaque wrapping marked only with the marijuana universal
 1078  symbol. Where practical, Each edible must shall be marked with
 1079  the marijuana universal symbol. In addition to the packaging and
 1080  labeling requirements in subparagraphs 10. and 11. and 12.,
 1081  edible receptacles must be plain, opaque, and white without
 1082  depictions of the product or images other than the MMTC’s
 1083  medical marijuana treatment center’s department-approved logo
 1084  and the marijuana universal symbol. The receptacle must also
 1085  include a list of all the edible’s ingredients, storage
 1086  instructions, information on the estimated amount of time for
 1087  the edible to take effect, an expiration date, a legible and
 1088  prominent warning to keep the receptacle away from children and
 1089  pets, and a warning that the edible has not been produced or
 1090  inspected pursuant to federal food safety laws.
 1091         (d)Retail licenses.
 1092         1.A registered MMTC may apply for a retail license. When
 1093  applying, the MMTC must provide the department with, at a
 1094  minimum, all of the following:
 1095         a. A completed retail license application form.
 1096         b.A statement by the applicant which indicates whether the
 1097  applicant intends to dispense by delivery. A retail licensee may
 1098  not deliver marijuana without also obtaining a transportation
 1099  license pursuant to paragraph (f).
 1100         c. The physical address of each location where the
 1101  applicant will dispense or store marijuana.
 1102         d. Identifying information for all other current or
 1103  previous retail licenses held by the applicant or any of the
 1104  applicant’s principals.
 1105         e. Proof of operating procedures designed to secure and
 1106  maintain accountability for all marijuana that the applicant
 1107  receives and possesses, to ensure that only the allowed amount
 1108  of marijuana is sold or dispensed, to ensure that the specified
 1109  type of marijuana is correctly dispensed to a qualified patient
 1110  or his or her caregiver pursuant to a physician certification,
 1111  and to monitor the medical marijuana patient registry and
 1112  electronically update the registry with dispensing information.
 1113         2. A retail license expires 2 years after the date it is
 1114  issued. The retail licensee must apply for license renewal
 1115  before the expiration date. To renew a license, a retail
 1116  licensee must meet all of the requirements for initial
 1117  licensure; must provide all of the documents required under
 1118  paragraph (b); and must not have any outstanding substantial
 1119  violations of the applicable standards adopted by department
 1120  rule.
 1121         3. Before beginning to sell, dispense, or store marijuana,
 1122  the licensee shall obtain a facility permit from the department
 1123  for each location where marijuana will be sold, dispensed, or
 1124  stored. If a facility’s permit expires or is suspended or
 1125  revoked, the MMTC must cease all applicable operations at that
 1126  facility until the department inspects the facility and renews
 1127  or reinstates the facility’s permit.
 1128         4. A dispensing facility may not repackage or modify
 1129  marijuana that has already been packaged for sale by a
 1130  cultivation licensee or processing licensee, unless the
 1131  repackaging is of unprocessed marijuana, is done in accordance
 1132  with instructions from the cultivator or processor, and is
 1133  documented in the required seed-to-sale tracking system.
 1134         5.A retail licensee may contract with an MMTC that has a
 1135  transportation license to transport marijuana between properties
 1136  owned by the retail licensee, to deliver the marijuana for sale
 1137  or dispensing, and to pick up returns of marijuana.
 1138         6. Onsite consumption or administration of marijuana at a
 1139  dispensing facility is prohibited.
 1140         7.16. When dispensing marijuana or a marijuana delivery
 1141  device, an MMTC licensed for retail a medical marijuana
 1142  treatment center:
 1143         a. May dispense any active, valid order for low-THC
 1144  cannabis, medical cannabis and cannabis delivery devices issued
 1145  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1146  entered into the medical marijuana use registry before July 1,
 1147  2017.
 1148         b. May not dispense more than one a 70-day supply of
 1149  marijuana within any 70-day period to a qualified patient or
 1150  caregiver and. may not dispense more than one 35-day supply of
 1151  marijuana in a form for smoking within any 35-day period to a
 1152  qualified patient or caregiver. A 35-day supply of marijuana in
 1153  a form for smoking may not exceed 2.5 ounces unless an exception
 1154  to this amount is approved by the department pursuant to
 1155  paragraph (4)(f).
 1156         c. Shall require Must have the MMTC’s medical marijuana
 1157  treatment center’s employee who dispenses the marijuana or a
 1158  marijuana delivery device to enter into the medical marijuana
 1159  use registry his or her name or unique employee identifier.
 1160         d. Before dispensing to a qualified patient or caregiver,
 1161  shall must verify that the qualified patient and, if applicable,
 1162  the caregiver, if applicable, each have an active registration
 1163  in the medical marijuana use registry and an active and valid
 1164  medical marijuana use registry identification card; that, the
 1165  amount and type of marijuana dispensed matches the physician
 1166  certification in the medical marijuana use registry for that
 1167  qualified patient;, and that the physician certification has not
 1168  already been filled.
 1169         e. Before dispensing to a qualified patient or caregiver,
 1170  shall label the marijuana or the marijuana delivery device with
 1171  the name of the physician who issued the physician certification
 1172  and the name of the patient for whom the certification was
 1173  issued.
 1174         f. May not dispense marijuana to a qualified patient who is
 1175  younger than 18 years of age. If the qualified patient is
 1176  younger than 18 years of age, marijuana may only be dispensed
 1177  only to the qualified patient’s caregiver.
 1178         g.May sell marijuana to an adult 21 years of age or older
 1179  pursuant to s. 381.990, provided that the MMTC is registered
 1180  with the Department of Business and Professional Regulation
 1181  pursuant to that section. When selling marijuana pursuant to
 1182  that section, the employee selling the marijuana must determine
 1183  that the appearance of the buyer is such that a prudent person
 1184  would believe the buyer to be 21 years of age or older or must
 1185  carefully check the buyer’s driver license, identification card
 1186  issued by this state or another state of the United States,
 1187  passport, or United States Armed Services identification card to
 1188  determine the buyer’s age. Other than for the purpose of
 1189  determining a buyer’s age, an MMTC may not request or store any
 1190  personal information provided by the buyer.
 1191         h.f. May not dispense or sell any other type of cannabis,
 1192  alcohol, or illicit drug-related product, including pipes or
 1193  wrapping papers made with tobacco or hemp, other than a
 1194  marijuana delivery device required for the medical use of
 1195  marijuana and which is specified in a physician certification.
 1196         i.g.Must, Upon dispensing the marijuana or marijuana
 1197  delivery device to a qualified patient or caregiver, shall
 1198  record in the registry the date, time, quantity, and form of
 1199  marijuana dispensed; the type of marijuana delivery device
 1200  dispensed; and the name and medical marijuana use registry
 1201  identification number of the qualified patient or caregiver to
 1202  whom the marijuana delivery device was dispensed.
 1203         j.h.Shall Must ensure that patient records are not visible
 1204  to anyone other than the qualified patient, his or her
 1205  caregiver, and authorized MMTC medical marijuana treatment
 1206  center employees.
 1207         (e)(f)Security.To ensure the safety and security of
 1208  premises where the cultivation, processing, storing, or
 1209  dispensing of marijuana occurs, and to maintain adequate
 1210  controls against the diversion, theft, and loss of marijuana or
 1211  marijuana delivery devices, an MMTC a medical marijuana
 1212  treatment center shall do all of the following:
 1213         1.a. Maintain a fully operational security alarm system
 1214  that secures all entry points and perimeter windows and is
 1215  equipped with motion detectors; pressure switches; and duress,
 1216  panic, and hold-up alarms.; and
 1217         b. Maintain a video surveillance system that records
 1218  continuously, 24 hours a day, and meets all of the following
 1219  criteria:
 1220         (I) Cameras are fixed in a place that allows for the clear
 1221  identification of persons and activities in controlled areas of
 1222  the premises. Controlled areas include grow rooms, processing
 1223  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1224  rooms.
 1225         (II) Cameras are fixed in entrances and exits to the
 1226  premises in a place that allows recording, which shall record
 1227  from both indoor and outdoor, or ingress and egress, vantage
 1228  points.
 1229         (III) Produces recorded images that must clearly and
 1230  accurately display the time and date of recording.
 1231         c.(IV) Retain video surveillance recordings for at least 45
 1232  days or longer upon the request of a law enforcement agency.
 1233         2. Ensure that the MMTC’s medical marijuana treatment
 1234  center’s outdoor premises have sufficient lighting from dusk
 1235  until dawn.
 1236         3. Ensure that the indoor premises where dispensing occurs
 1237  include includes a waiting area with sufficient space and
 1238  seating to accommodate qualified patients and caregivers and at
 1239  least one private consultation area that is isolated from the
 1240  waiting area and the area where dispensing occurs. An MMTC A
 1241  medical marijuana treatment center may not display products or
 1242  dispense marijuana or marijuana delivery devices in the waiting
 1243  area.
 1244         4. Cease dispensing Not dispense from its premises
 1245  marijuana or a marijuana delivery devices from its premises
 1246  device between the hours of 11 p.m. 9 p.m. and 7 a.m., but may
 1247  perform all other operations and deliver marijuana to qualified
 1248  patients 24 hours a day.
 1249         5. Store marijuana in a secured, locked room or a vault.
 1250         6. Require at least two of its employees, or two employees
 1251  of a security agency with whom it contracts, to be on the
 1252  premises at all times where cultivation, processing, or storing
 1253  of marijuana occurs, at all times.
 1254         7. Require each employee or contractor to wear a photo
 1255  identification badge at all times while on the premises.
 1256         8. Require each visitor to wear a visitor pass at all times
 1257  while on the premises.
 1258         9. Implement an alcohol and drug-free workplace policy.
 1259         10. Report to a local law enforcement agency within 24
 1260  hours after the MMTC medical marijuana treatment center is
 1261  notified or becomes aware of the theft, diversion, or loss of
 1262  marijuana.
 1263         (f) Transportation licenses; vehicle permits.
 1264         1.A registered MMTC may apply for a transportation
 1265  license. When applying, the MMTC must provide the department
 1266  with, at a minimum, all of the following:
 1267         a. The physical address of the MMTC’s place of business.
 1268         b.Proof that the MMTC has a documentation system in
 1269  accordance with the required seed-to-sale tracking system,
 1270  including transportation manifests, for transporting marijuana
 1271  between licensed facilities and to qualified patients.
 1272  Transportation manifests may be electronically stored and
 1273  presented.
 1274         c. Proof of the MMTC’s compliance with health and
 1275  sanitation standards for the transportation of marijuana.
 1276         d. Proof that all marijuana transported between licensed
 1277  facilities will be transported in tamper-evident shipping
 1278  containers.
 1279         2.An MMTC with a transportation license may not transport
 1280  marijuana on the property of an airport, a seaport, a spaceport,
 1281  or any property of the Federal Government.
 1282         3. An MMTC with a transportation license may transport
 1283  marijuana and marijuana delivery devices only in a vehicle that
 1284  is owned or leased by the MMTC or the MMTC’s contractor and for
 1285  which a valid vehicle permit has been issued by the department.
 1286         4. An MMTC with a transportation license may obtain a
 1287  vehicle permit upon submission of an application. The MMTC shall
 1288  designate as the driver for each permitted vehicle an employee
 1289  or contracted employee who is registered with the department and
 1290  who is authorized to possess marijuana when not on the property
 1291  of the MMTC. Such designation must be displayed in the vehicle
 1292  at all times. Each permitted vehicle must be GPS-monitored. A
 1293  vehicle permit remains valid and does not expire unless the MMTC
 1294  or its contractor disposes of the permitted vehicle or the
 1295  MMTC’s registration or transportation license is transferred,
 1296  canceled, not renewed, or revoked by the department. The
 1297  department shall cancel a vehicle permit upon the request of the
 1298  MMTC or its contractor.
 1299         5. When transporting marijuana, a permitted vehicle is
 1300  subject to inspection and search without a search warrant by
 1301  authorized employees of the department, sheriffs, deputy
 1302  sheriffs, police officers, or other law enforcement officers to
 1303  determine that the MMTC is operating in compliance with this
 1304  section.
 1305         6.An MMTC with a transportation license may deliver, or
 1306  contract for the delivery of, marijuana and marijuana delivery
 1307  devices to other MMTCs within this state, to qualified patients
 1308  and caregivers within this state, and to adults 21 years of age
 1309  or older within this state. A county or municipality may not
 1310  prohibit deliveries of marijuana or marijuana delivery devices
 1311  to qualified patients or caregivers within the county or
 1312  municipality. Deliveries may be made only to the qualified
 1313  patient who placed the order or his or her caregiver. When
 1314  delivering to a qualified patient or caregiver, an MMTC or its
 1315  contractor shall verify the identity of the qualified patient
 1316  upon placement of the delivery order and, again, upon delivery.
 1317  When delivering marijuana to an adult 21 years of age or older,
 1318  an MMTC or its contractor shall verify the age of the buyer upon
 1319  placement of the order and, again, upon delivery. In order to
 1320  verify the age of the buyer, the MMTC must determine that the
 1321  appearance of the buyer is such that a prudent person would
 1322  believe the buyer to be 21 years of age or older or must
 1323  carefully check the buyer’s driver license, identification card
 1324  issued by this state or another state of the United States,
 1325  passport, or United States Armed Services identification card to
 1326  determine the buyer’s age. The department shall adopt rules
 1327  specific to the delivery of marijuana which include both of the
 1328  following:
 1329         a.Procedures for verifying the age and identity of the
 1330  person placing the order for and receiving a delivery, as
 1331  appropriate, including required training for delivery personnel.
 1332         b.A maximum dispensary value for all marijuana and
 1333  currency that may be in the possession of a registered MMTC
 1334  employee or contractor while he or she makes a delivery. The
 1335  maximum value established by rule may not be less than $5,000.
 1336         7.Licensees under this subsection may use contractors to
 1337  assist with the transportation of marijuana. A licensee is
 1338  ultimately responsible for all of the actions and operations of
 1339  each contractor relating to the transportation of marijuana and
 1340  must know the location of all marijuana products at all times.
 1341  To participate in the operations of a licensee under this
 1342  subsection, a principal or employee of a contractor contracted
 1343  by the licensee must first register with the department under
 1344  subsection (9) and be issued an MMTC employee identification
 1345  card.
 1346         (g) Facility permits.
 1347         1. Before cultivating, processing, dispensing, or storing
 1348  marijuana at any location, an MMTC shall apply to the department
 1349  for the applicable facility permit for that location. The
 1350  department shall adopt by rule an application form. Upon
 1351  receiving a request for a permit from a licensee, the department
 1352  shall inspect the facility for compliance with this section and
 1353  rules adopted hereunder and, upon a determination of compliance,
 1354  shall issue a permit to the facility. The department shall issue
 1355  or deny a facility permit within 30 days after receiving the
 1356  request for the permit.
 1357         2. A facility permit expires 2 years after the date it is
 1358  issued. Each facility must be inspected by the department for
 1359  compliance with this section and department rules before the
 1360  facility’s permit is renewed.
 1361         3. If a facility permit expires or is suspended or revoked,
 1362  the MMTC must cease all applicable operations at that facility
 1363  until the department inspects the facility and renews or
 1364  reinstates the facility’s permit.
 1365         4. Cultivation facilities and processing facilities:
 1366         a. Shall maintain insurance with at least $1 million of
 1367  hazard and liability insurance per location; and
 1368         b. Must be secure, closed to the public, and, unless an
 1369  ordinance allows the facility to be located closer, located at
 1370  least 1,000 feet away from any existing public or private
 1371  elementary or secondary school, child care facility as defined
 1372  in s. 402.302, or licensed service provider offering substance
 1373  abuse services.
 1374         5. All matters regarding the permitting and regulation of
 1375  cultivation facilities and processing facilities, including the
 1376  location of such facilities, are preempted to the state.
 1377         6. Dispensing facilities and storage facilities:
 1378         a. Shall maintain insurance with at least $500,000 of
 1379  hazard and liability insurance for each facility where marijuana
 1380  is dispensed or stored; and
 1381         b. Unless an ordinance allows the facility to be located
 1382  closer, must be located at least 1,000 feet away from any
 1383  existing public or private elementary or secondary school, child
 1384  care facility as defined in s. 402.302, or licensed service
 1385  provider offering substance abuse services.
 1386         7. The governing body of a county or municipality, by
 1387  ordinance, may prohibit or limit the number of dispensing
 1388  facilities located within its jurisdiction but may not prohibit
 1389  an MMTC with a retail license or its permitted storage facility
 1390  from being located within its jurisdiction if the licensee is
 1391  delivering or contracting to deliver marijuana to qualified
 1392  patients within that jurisdiction. The department may not issue
 1393  a facility permit for a dispensing facility in a county or
 1394  municipality in which the board of county commissioners or other
 1395  local governing body, as applicable, has adopted such an
 1396  ordinance. A county or municipality may not require, request, or
 1397  accept financial contributions or similar benefits from MMTCs,
 1398  but, in addition to other taxes authorized by law, a county or
 1399  municipality may levy a local business tax on a dispensing
 1400  facility. An ordinance adopted by a municipality or county
 1401  pursuant to this paragraph may not do any of the following:
 1402         a. Provide exclusive access to one or several individuals
 1403  or entities to operate dispensing facilities within the
 1404  jurisdiction.
 1405         b. Prohibit specific individuals or entities from operating
 1406  a dispensing facility within the jurisdiction if the ordinance
 1407  allows dispensing facilities to operate in the jurisdiction.
 1408         c. Prohibit the delivery of marijuana within the
 1409  jurisdiction by a properly licensed MMTC located within the
 1410  jurisdiction.
 1411         8. The department may adopt by rule additional requirements
 1412  for the permitting of cultivation, processing, dispensing, and
 1413  storage facilities to ensure the sanitary, safe, and secure
 1414  cultivation, processing, dispensing, storage, and sale of
 1415  marijuana.
 1416         To ensure the safe transport of marijuana and marijuana
 1417  delivery devices to medical marijuana treatment centers,
 1418  marijuana testing laboratories, or qualified patients, a medical
 1419  marijuana treatment center must:
 1420         1. Maintain a marijuana transportation manifest in any
 1421  vehicle transporting marijuana. The marijuana transportation
 1422  manifest must be generated from a medical marijuana treatment
 1423  center’s seed-to-sale tracking system and include the:
 1424         a. Departure date and approximate time of departure.
 1425         b. Name, location address, and license number of the
 1426  originating medical marijuana treatment center.
 1427         c. Name and address of the recipient of the delivery.
 1428         d. Quantity and form of any marijuana or marijuana delivery
 1429  device being transported.
 1430         e. Arrival date and estimated time of arrival.
 1431         f. Delivery vehicle make and model and license plate
 1432  number.
 1433         g. Name and signature of the medical marijuana treatment
 1434  center employees delivering the product.
 1435         (I) A copy of the marijuana transportation manifest must be
 1436  provided to each individual, medical marijuana treatment center,
 1437  or marijuana testing laboratory that receives a delivery. The
 1438  individual, or a representative of the center or laboratory,
 1439  must sign a copy of the marijuana transportation manifest
 1440  acknowledging receipt.
 1441         (II) An individual transporting marijuana or a marijuana
 1442  delivery device must present a copy of the relevant marijuana
 1443  transportation manifest and his or her employee identification
 1444  card to a law enforcement officer upon request.
 1445         (III) Medical marijuana treatment centers and marijuana
 1446  testing laboratories must retain copies of all marijuana
 1447  transportation manifests for at least 3 years.
 1448         2. Ensure only vehicles in good working order are used to
 1449  transport marijuana.
 1450         3. Lock marijuana and marijuana delivery devices in a
 1451  separate compartment or container within the vehicle.
 1452         4. Require employees to have possession of their employee
 1453  identification card at all times when transporting marijuana or
 1454  marijuana delivery devices.
 1455         5. Require at least two persons to be in a vehicle
 1456  transporting marijuana or marijuana delivery devices, and
 1457  require at least one person to remain in the vehicle while the
 1458  marijuana or marijuana delivery device is being delivered.
 1459         6. Provide specific safety and security training to
 1460  employees transporting or delivering marijuana and marijuana
 1461  delivery devices.
 1462         (h) Advertising.—An MMTC A medical marijuana treatment
 1463  center may not engage in advertising that is visible to members
 1464  of the public from any street, sidewalk, park, or other public
 1465  place, except:
 1466         1. An MMTC dispensing facility The dispensing location of A
 1467  medical marijuana treatment center may have a sign that is
 1468  affixed to the outside or hanging in the window of the premises
 1469  which identifies the dispensing facility dispensary by the
 1470  licensee’s business name, a department-approved trade name, or a
 1471  department-approved logo. An MMTC’s A medical marijuana
 1472  treatment center’s trade name and logo may not contain wording
 1473  or images commonly associated with marketing targeted toward
 1474  children or which promote recreational use of marijuana.
 1475         2. An MMTC A medical marijuana treatment center may engage
 1476  in Internet advertising and marketing under the following
 1477  conditions:
 1478         a. All advertisements must be approved by the department.
 1479         b. An advertisement may not have any content that
 1480  specifically targets individuals under the age of 18, including
 1481  cartoon characters or similar images.
 1482         c. An advertisement may not be an unsolicited pop-up
 1483  advertisement.
 1484         d. Opt-in marketing must include an easy and permanent opt
 1485  out feature.
 1486         (i) Online retail catalogs.Each retail MMTC medical
 1487  marijuana treatment center that dispenses marijuana and
 1488  marijuana delivery devices shall make all of the following
 1489  available to the public on its website:
 1490         1. Each marijuana and low-THC product available for
 1491  purchase, including the form, strain of marijuana from which it
 1492  was extracted, cannabidiol content, tetrahydrocannabinol
 1493  content, dose unit, total number of doses available, and the
 1494  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1495         2. The price for a 30-day, 50-day, and 70-day supply at a
 1496  standard dose for each marijuana and low-THC product available
 1497  for purchase.
 1498         3. The price for each marijuana delivery device available
 1499  for purchase.
 1500         4. If applicable, any discount policies and eligibility
 1501  criteria for such discounts.
 1502         (j) Sourcing of marijuana for medical use.—MMTCs Medical
 1503  marijuana treatment centers are the sole source from which a
 1504  person qualified patient may legally obtain marijuana.
 1505         (k) Rulemaking.The department may adopt rules pursuant to
 1506  ss. 120.536(1) and 120.54 to implement this subsection.
 1507         (9) MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL;
 1508  REGISTRATION; EMPLOYEE IDENTIFICATION CARDS.—
 1509         (a)The department shall adopt rules to administer the
 1510  registration of medical marijuana treatment center (MMTC)
 1511  principals, employees, and contractors who participate in the
 1512  operations of an MMTC. Before hiring or contracting with any
 1513  individual who is not registered with the department or who does
 1514  not possess a current MMTC employee identification card, an MMTC
 1515  must apply to the department to register that person as an MMTC
 1516  employee. The department shall adopt by rule a form for such
 1517  applications for registration, which must require the applicant
 1518  to provide all of the following:
 1519         1.His or her full legal name, social security number, date
 1520  of birth, and home address.
 1521         2.A full-face, passport-type, color photograph of the
 1522  applicant taken within 90 days immediately preceding submission
 1523  of the application.
 1524         3.Proof that he or she has passed a level 2 background
 1525  screening pursuant to chapter 435 within the previous year.
 1526         4.An indication as to whether the applicant will be
 1527  authorized by the MMTC to possess marijuana while not on MMTC
 1528  property.
 1529         (b)Once the department has received a completed
 1530  application form from an MMTC, the department shall register the
 1531  principal, employee, or contractor associated with the MMTC and
 1532  issue him or her an MMTC employee identification card that, at a
 1533  minimum, includes all of the following:
 1534         1.The employee’s name and the name of the MMTC that
 1535  employs him or her.
 1536         2.The employee’s photograph, as required under paragraph
 1537  (a).
 1538         3. The expiration date of the card, which must be 1 year
 1539  after the date it is issued.
 1540         4.An indication of whether the employee is authorized by
 1541  the MMTC to possess marijuana while not on MMTC property.
 1542         (c)If any information provided to the department for the
 1543  registration of an MMTC principal, employee, or contractor or in
 1544  the application for an MMTC employee identification card
 1545  changes, or if the registered person’s employment status with
 1546  the MMTC changes, the registered person and the MMTC must
 1547  provide the department with the new information or status within
 1548  7 days after the change.
 1549         (d)The department may contract with one or more vendors
 1550  for the purpose of issuing MMTC employee identification cards
 1551  under this subsection.
 1552         BACKGROUND SCREENING.—An individual required to undergo a
 1553  background screening pursuant to this section must pass a level
 1554  2 background screening as provided under chapter 435, which, in
 1555  addition to the disqualifying offenses provided in s. 435.04,
 1556  shall exclude an individual who has an arrest awaiting final
 1557  disposition for, has been found guilty of, regardless of
 1558  adjudication, or has entered a plea of nolo contendere or guilty
 1559  to an offense under chapter 837, chapter 895, or chapter 896 or
 1560  similar law of another jurisdiction.
 1561         (a) Such individual must submit a full set of fingerprints
 1562  to the department or to a vendor, entity, or agency authorized
 1563  by s. 943.053(13). The department, vendor, entity, or agency
 1564  shall forward the fingerprints to the Department of Law
 1565  Enforcement for state processing, and the Department of Law
 1566  Enforcement shall forward the fingerprints to the Federal Bureau
 1567  of Investigation for national processing.
 1568         (b) Fees for state and federal fingerprint processing and
 1569  retention shall be borne by the individual. The state cost for
 1570  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1571  for records provided to persons or entities other than those
 1572  specified as exceptions therein.
 1573         (c) Fingerprints submitted to the Department of Law
 1574  Enforcement pursuant to this subsection shall be retained by the
 1575  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1576  (h) and, when the Department of Law Enforcement begins
 1577  participation in the program, enrolled in the Federal Bureau of
 1578  Investigation’s national retained print arrest notification
 1579  program. Any arrest record identified shall be reported to the
 1580  department.
 1581         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1582  ADMINISTRATIVE ACTIONS.—
 1583         (a) The department shall conduct announced or unannounced
 1584  inspections of medical marijuana treatment centers to determine
 1585  compliance with this section or rules adopted pursuant to this
 1586  section.
 1587         (b)The department shall inspect a medical marijuana
 1588  treatment center Upon receiving a complaint or notice that a the
 1589  medical marijuana treatment center (MMTC) has dispensed
 1590  marijuana containing mold, bacteria, or any other contaminant
 1591  that may cause or has caused an adverse effect to human health
 1592  or the environment, the department shall inspect the MMTC, its
 1593  facilities, and, as appropriate, any cultivation or processing
 1594  facility of the MMTC from which the batch of marijuana was
 1595  purchased.
 1596         (b)(c) The department shall conduct at least a biennial
 1597  inspection of each MMTC medical marijuana treatment center to
 1598  evaluate its the medical marijuana treatment center’s records,
 1599  personnel, equipment, processes, security measures, sanitation
 1600  practices, and quality assurance practices.
 1601         (c) The department shall conduct at least a biennial
 1602  inspection of each permitted facility. The department may
 1603  conduct additional announced or unannounced inspections of a
 1604  permitted facility within reasonable hours in order to ensure
 1605  compliance with this section and rules adopted hereunder.
 1606         (d) The Department of Agriculture and Consumer Services and
 1607  the department shall enter into an interagency agreement to
 1608  ensure cooperation and coordination in the performance of their
 1609  obligations under this section and their respective regulatory
 1610  and authorizing laws. The department, the Department of Highway
 1611  Safety and Motor Vehicles, and the Department of Law Enforcement
 1612  may enter into interagency agreements for the purposes specified
 1613  in this subsection or subsection (7).
 1614         (e) The department shall publish a list of all approved
 1615  MMTCs medical marijuana treatment centers, medical directors,
 1616  and qualified physicians on its website.
 1617         (f) The department may impose administrative penalties,
 1618  including reasonable fines not to exceed $10,000, on an MMTC a
 1619  medical marijuana treatment center for any of the following
 1620  violations:
 1621         1. Violating this section or department rule.
 1622         2. Failing to maintain qualifications for approval.
 1623         3. Endangering the health, safety, or security of a
 1624  qualified patient or an adult purchasing marijuana pursuant to
 1625  s. 381.990.
 1626         4. Improperly disclosing personal and confidential
 1627  information of the qualified patient.
 1628         5. Attempting to procure MMTC medical marijuana treatment
 1629  center approval by bribery, fraudulent misrepresentation, or
 1630  extortion.
 1631         6. Being convicted or found guilty of, or entering a plea
 1632  of guilty or nolo contendere to, regardless of adjudication, a
 1633  crime in any jurisdiction which directly relates to the business
 1634  of an MMTC a medical marijuana treatment center.
 1635         7. Making or filing a report or record that the MMTC
 1636  medical marijuana treatment center knows to be false.
 1637         8. Willfully failing to maintain a record required by this
 1638  section or department rule.
 1639         9. Willfully impeding or obstructing an employee or agent
 1640  of the department in the furtherance of his or her official
 1641  duties.
 1642         10. Engaging in fraud or deceit, negligence, incompetence,
 1643  or misconduct in the business practices of an MMTC a medical
 1644  marijuana treatment center.
 1645         11. Making misleading, deceptive, or fraudulent
 1646  representations in or related to the business practices of an
 1647  MMTC a medical marijuana treatment center.
 1648         12. Having a license or the authority to engage in any
 1649  regulated profession, occupation, or business that is related to
 1650  the business practices of an MMTC a medical marijuana treatment
 1651  center suspended, revoked, or otherwise acted against by the
 1652  licensing authority of any jurisdiction, including its agencies
 1653  or subdivisions, for a violation that would constitute a
 1654  violation under Florida law.
 1655         13. Violating a lawful order of the department or an agency
 1656  of the state, or failing to comply with a lawfully issued
 1657  subpoena of the department or an agency of the state.
 1658         14.Failing to adequately determine the age of a buyer who
 1659  is not a qualified patient or caregiver.
 1660         (g) The department may suspend, revoke, or refuse to renew
 1661  an MMTC’s registration, operating licenses, and any vehicle
 1662  permits or facility permits a medical marijuana treatment center
 1663  license if the MMTC medical marijuana treatment center commits
 1664  any of the violations specified in paragraph (f).
 1665         (h)The department shall refuse to renew the cultivation,
 1666  processing, retail, or transportation license of an MMTC that
 1667  has not begun to cultivate, process, dispense, or transport
 1668  marijuana, as applicable, by the date that the MMTC is required
 1669  to renew such license.
 1670         (i)(h) The department may adopt rules pursuant to ss.
 1671  120.536(1) and 120.54 to implement this subsection.
 1672         (11) PREEMPTION.—Regulation of cultivation, processing, and
 1673  delivery of marijuana by medical marijuana treatment centers
 1674  (MMTCs) is preempted to the state except as provided in this
 1675  subsection.
 1676         (a) An MMTC A medical marijuana treatment center
 1677  cultivating or processing facility may not be located within 500
 1678  feet of the real property that comprises a public or private
 1679  elementary school, middle school, or secondary school.
 1680         (b)1. A county or municipality may, by ordinance, ban MMTC
 1681  medical marijuana treatment center dispensing facilities from
 1682  being located within the boundaries of that county or
 1683  municipality. A county or municipality that does not ban
 1684  dispensing facilities under this subparagraph may not place
 1685  specific limits, by ordinance, on the number of dispensing
 1686  facilities that may locate within that county or municipality.
 1687         2. A municipality may determine by ordinance the criteria
 1688  for the location of, and other permitting requirements that do
 1689  not conflict with state law or department rule for, MMTC medical
 1690  marijuana treatment center dispensing facilities located within
 1691  the boundaries of that municipality. A county may determine by
 1692  ordinance the criteria for the location of, and other permitting
 1693  requirements that do not conflict with state law or department
 1694  rule for, all such dispensing facilities located within the
 1695  unincorporated areas of that county. Except as provided in
 1696  paragraph (c), a county or municipality may not enact ordinances
 1697  for permitting or for determining the location of dispensing
 1698  facilities which are more restrictive than its ordinances
 1699  permitting or determining the locations for pharmacies licensed
 1700  under chapter 465. A municipality or county may not charge an
 1701  MMTC a medical marijuana treatment center a license or permit
 1702  fee in an amount greater than the fee charged by such
 1703  municipality or county to pharmacies. A dispensing facility
 1704  location approved by a municipality or county pursuant to former
 1705  s. 381.986(8)(b), Florida Statutes 2016, is not subject to the
 1706  location requirements of this subsection.
 1707         (c) An MMTC A medical marijuana treatment center dispensing
 1708  facility may not be located within 500 feet of the real property
 1709  that comprises a public or private elementary school, middle
 1710  school, or secondary school unless the county or municipality
 1711  approves the location through a formal proceeding open to the
 1712  public at which the county or municipality determines that the
 1713  location promotes the public health, safety, and general welfare
 1714  of the community.
 1715         (d) This subsection does not prohibit any local
 1716  jurisdiction from ensuring that MMTC medical marijuana treatment
 1717  center facilities comply with the Florida Building Code, the
 1718  Florida Fire Prevention Code, or any local amendments to the
 1719  Florida Building Code or the Florida Fire Prevention Code.
 1720         (12) PENALTIES.—
 1721         (a) A qualified physician commits a misdemeanor of the
 1722  first degree, punishable as provided in s. 775.082 or s.
 1723  775.083, if he or she the qualified physician issues a physician
 1724  certification for the medical use of marijuana for a patient
 1725  without a reasonable belief that the patient is suffering from a
 1726  qualifying medical condition.
 1727         (b) A person who fraudulently represents that he or she has
 1728  a qualifying medical condition to a qualified physician for the
 1729  purpose of being issued a physician certification commits a
 1730  misdemeanor of the first degree, punishable as provided in s.
 1731  775.082 or s. 775.083.
 1732         (c)1. A person qualified patient who uses marijuana, not
 1733  including low-THC cannabis, or a caregiver who administers
 1734  marijuana, not including low-THC cannabis, in plain view of or
 1735  in a place open to the general public is subject to a civil fine
 1736  not exceeding $100.
 1737         2. A person who uses marijuana, not including low-THC
 1738  cannabis,; in a school bus, a moving vehicle, or an aircraft, or
 1739  a boat; or on the grounds of a school except as provided in s.
 1740  1006.062, commits a misdemeanor of the first degree, punishable
 1741  as provided in s. 775.082 or s. 775.083.
 1742         (d) A person qualified patient or caregiver who cultivates
 1743  marijuana or who purchases or acquires marijuana from any person
 1744  or entity other than a medical marijuana treatment center (MMTC)
 1745  violates s. 893.13 and is subject to the penalties provided
 1746  therein.
 1747         (e)1. A qualified patient or caregiver in possession of
 1748  marijuana or a marijuana delivery device who fails or refuses to
 1749  present his or her marijuana use registry identification card
 1750  upon the request of a law enforcement officer commits a
 1751  misdemeanor of the second degree, punishable as provided in s.
 1752  775.082 or s. 775.083, unless it can be determined through the
 1753  medical marijuana use registry that the person is authorized to
 1754  be in possession of that marijuana or marijuana delivery device.
 1755         2. A person charged with a violation of this paragraph may
 1756  not be convicted if, before or at the time of his or her court
 1757  or hearing appearance, the person produces in court or to the
 1758  clerk of the court in which the charge is pending a medical
 1759  marijuana use registry identification card issued to him or her
 1760  which is valid at the time of his or her arrest. The clerk of
 1761  the court is authorized to dismiss such case at any time before
 1762  the defendant’s appearance in court. The clerk of the court may
 1763  assess a fee of $5 for dismissing the case under this paragraph.
 1764         (f) A caregiver who violates any of the applicable
 1765  provisions of this section or applicable department rules, for
 1766  the first offense, commits a misdemeanor of the second degree,
 1767  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1768  second or subsequent offense, commits a misdemeanor of the first
 1769  degree, punishable as provided in s. 775.082 or s. 775.083.
 1770         (f)(g) A qualified physician who issues a physician
 1771  certification for marijuana or a marijuana delivery device and
 1772  receives compensation from an MMTC a medical marijuana treatment
 1773  center related to the issuance of a physician certification for
 1774  marijuana or a marijuana delivery device is subject to
 1775  disciplinary action under the applicable practice act and s.
 1776  456.072(1)(n).
 1777         (g)(h) A person transporting marijuana or marijuana
 1778  delivery devices on behalf of an MMTC a medical marijuana
 1779  treatment center or a marijuana testing laboratory who fails or
 1780  refuses to present a transportation manifest, whether in paper
 1781  or electronic format, upon the request of a law enforcement
 1782  officer commits a misdemeanor of the second degree, punishable
 1783  as provided in s. 775.082 or s. 775.083.
 1784         (h)(i) Persons and entities conducting activities
 1785  authorized and governed by this section and s. 381.988 are
 1786  subject to ss. 456.053, 456.054, and 817.505, as applicable.
 1787         (i)(j) A person or entity that cultivates, processes,
 1788  distributes, sells, or dispenses marijuana, as defined in s.
 1789  29(b)(4), Art. X of the State Constitution, and is not licensed
 1790  as an MMTC a medical marijuana treatment center violates s.
 1791  893.13 and is subject to the penalties provided therein. This
 1792  paragraph does not apply to a transfer of marijuana products or
 1793  marijuana which is authorized by this section, s. 381.990, or s.
 1794  893.13.
 1795         (j)(k) A person who manufactures, distributes, sells,
 1796  gives, or possesses with the intent to manufacture, distribute,
 1797  sell, or give marijuana or a marijuana delivery device that he
 1798  or she holds out to have originated from a licensed MMTC medical
 1799  marijuana treatment center but that is counterfeit commits a
 1800  felony of the third degree, punishable as provided in s.
 1801  775.082, s. 775.083, or s. 775.084. For the purposes of this
 1802  paragraph, the term “counterfeit” means marijuana; a marijuana
 1803  delivery device; or a marijuana or marijuana delivery device
 1804  container, seal, or label which, without authorization, bears
 1805  the trademark, trade name, or other identifying mark, imprint,
 1806  or device, or any likeness thereof, of a licensed MMTC medical
 1807  marijuana treatment center and which thereby falsely purports or
 1808  is represented to be the product of, or to have been distributed
 1809  by, that licensed MMTC medical marijuana treatment facility.
 1810         (k)(l) Any person who possesses or manufactures a blank,
 1811  forged, stolen, fictitious, fraudulent, counterfeit, or
 1812  otherwise unlawfully issued medical marijuana use registry
 1813  identification card commits a felony of the third degree,
 1814  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1815         (14) EXCEPTIONS TO OTHER LAWS.—
 1816         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1817  any other provision of law, but subject to the requirements of
 1818  this section, a qualified patient and the qualified patient’s
 1819  caregiver may purchase from a medical marijuana treatment center
 1820  (MMTC) for the patient’s medical use a marijuana delivery device
 1821  and up to the amount of marijuana authorized in the physician
 1822  certification, but may not possess more than a 70-day supply of
 1823  marijuana, or the greater of 4 ounces of marijuana in a form for
 1824  smoking or an amount of marijuana in a form for smoking approved
 1825  by the department pursuant to paragraph (4)(f), at any given
 1826  time and all marijuana purchased must remain in its original
 1827  packaging.
 1828         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
 1829  s. 893.147, or any other provision of law, a qualified patient
 1830  and the qualified patient’s caregiver may purchase and possess a
 1831  marijuana delivery device intended for the medical use of
 1832  marijuana by smoking from a vendor other than an MMTC a medical
 1833  marijuana treatment center.
 1834         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1835  any other provision of law, but subject to the requirements of
 1836  this section, an approved MMTC medical marijuana treatment
 1837  center and its owners, managers, and employees may manufacture,
 1838  possess, sell, deliver, distribute, dispense, and lawfully
 1839  dispose of marijuana or a marijuana delivery device as provided
 1840  in this section, s. 381.988, s. 381.990, and by department rule.
 1841  For the purposes of this subsection, the terms “manufacture,”
 1842  “possession,” “deliver,” “distribute,” and “dispense” have the
 1843  same meanings as provided in s. 893.02.
 1844         (e) A licensed MMTC medical marijuana treatment center and
 1845  its owners, managers, and employees are not subject to licensure
 1846  or regulation under chapter 465 or chapter 499 for
 1847  manufacturing, possessing, selling, delivering, distributing,
 1848  dispensing, or lawfully disposing of marijuana or a marijuana
 1849  delivery device, as provided in this section, in s. 381.988, and
 1850  by department rule.
 1851         (17) Rules adopted pursuant to this section before July 1,
 1852  2021, are not subject to ss. 120.54(3)(b) and 120.541. This
 1853  subsection expires July 1, 2021.
 1854         Section 3. Section 381.990, Florida Statutes, is created to
 1855  read:
 1856         381.990Adult use of marijuana.—
 1857         (1)A person 21 years of age or older may purchase in a
 1858  single transaction marijuana products containing up to 2,000
 1859  milligrams of tetrahydrocannabinol; up to 2.5 ounces of
 1860  marijuana in a form for smoking; and one or more marijuana
 1861  delivery devices, as defined in s. 381.986, provided that such
 1862  marijuana products, marijuana in a form for smoking, and
 1863  marijuana delivery devices are purchased from a medical
 1864  marijuana treatment center (MMTC) that is licensed by the
 1865  department pursuant to s. 381.986 for the retail sale of
 1866  marijuana and is registered by the Department of Business and
 1867  Professional Regulation for the sale of marijuana for adult use.
 1868  A violation of this subsection is punishable as provided in s.
 1869  893.13.
 1870         (2)A person who purchases marijuana products, marijuana in
 1871  a form for smoking, or marijuana delivery devices in accordance
 1872  with subsection (1) may possess, use, transport, and transfer,
 1873  without consideration, to a person 21 years of age or older such
 1874  products or devices. However, a person may not at any time
 1875  possess marijuana products that contain, in total, more than
 1876  2,000 milligrams of tetrahydrocannabinol or more than 4.0 ounces
 1877  of marijuana in a form for smoking. A violation of this
 1878  subsection is punishable as provided in s. 893.13.
 1879         (3)This section does not limit the ability of a private
 1880  property owner to restrict the smoking or vaping of marijuana on
 1881  his or her private property; however, a landlord may not prevent
 1882  his or her tenants from possessing or using marijuana by other
 1883  means.
 1884         (4)This section does not exempt a person from prosecution
 1885  for a criminal offense related to impairment or intoxication
 1886  resulting from the use of marijuana or relieve a person from any
 1887  requirement under law to submit to a breath, blood, or urine
 1888  test or any other test to detect the presence of a controlled
 1889  substance.
 1890         Section 4. Effective July 1, 2022, the Department of
 1891  Agriculture and Consumer Services shall conduct a study on the
 1892  potential harms and benefits of allowing the cultivation of
 1893  marijuana by members of the public for private use, including
 1894  the use of a cooperative model. The department shall report the
 1895  results of the study to the Governor, the President of the
 1896  Senate, and the Speaker of the House of Representatives by
 1897  January 1, 2023.
 1898         Section 5. Subsection (3) and paragraphs (a) and (b) of
 1899  subsection (6) of section 893.13, Florida Statutes, are amended
 1900  to read:
 1901         893.13 Prohibited acts; penalties.—
 1902         (3)(a) A person 21 years of age or older may deliver,
 1903  without consideration, to another person 21 years of age or
 1904  older:
 1905         1. Marijuana products that contain a total of 2,000
 1906  milligrams or less of tetrahydrocannabinol; and
 1907         2.A quantity of 2.5 ounces or less of cannabis, as defined
 1908  in this chapter.
 1909         (b)A person younger than 21 years of age who delivers,
 1910  without consideration, to another person marijuana products that
 1911  contain a total of 2,000 milligrams or less of
 1912  tetrahydrocannabinol or a quantity of 2.5 ounces or less of
 1913  cannabis, as defined in this chapter, commits a misdemeanor of
 1914  the second degree, punishable as provided in s. 775.082 or s.
 1915  775.083, for a first conviction of a violation of this paragraph
 1916  and commits a misdemeanor of the first degree, punishable as
 1917  provided in s. 775.082 or s. 775.083, for a second or subsequent
 1918  conviction of a violation of this paragraph who delivers,
 1919  without consideration, 20 grams or less of cannabis, as defined
 1920  in this chapter, commits a misdemeanor of the first degree,
 1921  punishable as provided in s. 775.082 or s. 775.083. As used in
 1922  this subsection, the term “cannabis” does not include the resin
 1923  extracted from the plants of the genus Cannabis or any compound
 1924  manufacture, salt, derivative, mixture, or preparation of such
 1925  resin.
 1926         (6)(a) Except as otherwise provided in this subsection, a
 1927  person may not be in actual or constructive possession of a
 1928  controlled substance unless such controlled substance was
 1929  lawfully obtained from a practitioner or pursuant to a valid
 1930  prescription or order of a practitioner while acting in the
 1931  course of his or her professional practice or to be in actual or
 1932  constructive possession of a controlled substance except as
 1933  otherwise authorized by this chapter. A person who violates this
 1934  provision commits a felony of the third degree, punishable as
 1935  provided in s. 775.082, s. 775.083, or s. 775.084.
 1936         (b)1.A person 21 years of age or older may possess
 1937  marijuana products that contain a total of 2,000 milligrams or
 1938  less of tetrahydrocannabinol and may possess 4.0 ounces or less
 1939  of cannabis, as defined in this chapter If the offense is the
 1940  possession of 20 grams or less of cannabis, as defined in this
 1941  chapter, the person commits a misdemeanor of the first degree,
 1942  punishable as provided in s. 775.082 or s. 775.083. As used in
 1943  this subsection, the term “cannabis” does not include the resin
 1944  extracted from the plants of the genus Cannabis, or any compound
 1945  manufacture, salt, derivative, mixture, or preparation of such
 1946  resin.
 1947         2.A person under 21 years of age who possesses marijuana
 1948  products that contain a total of 2,000 milligrams or less of
 1949  tetrahydrocannabinol or who possesses 4.0 ounces or less of
 1950  cannabis, as defined in this chapter, commits a misdemeanor of
 1951  the second degree, punishable as provided in s. 775.082 or s.
 1952  775.083, for a first conviction of a violation of this paragraph
 1953  and a misdemeanor of the first degree, punishable as provided in
 1954  s. 775.082 or s. 775.083, for a second or subsequent conviction
 1955  of a violation of this paragraph.
 1956         Section 6. Section 893.1352, Florida Statutes, is created
 1957  to read:
 1958         893.1352 Retroactive application of s. 893.13.
 1959         (1) It is the intent of the Legislature to retroactively
 1960  apply amendments to s. 893.13 to certain persons who were
 1961  convicted of possession of cannabis before January 1, 2023.
 1962         (2) As used in this section, a reference to former s.
 1963  893.13, Florida Statutes 2022,” is a reference to s. 893.13 as
 1964  it existed at any time before January 1, 2023.
 1965         (3)(a) A person who was convicted of a violation of former
 1966  s. 893.13, Florida Statutes 2022, for possessing 4.0 ounces or
 1967  less of cannabis as defined in chapter 893, but was not
 1968  sentenced under that section before January 1, 2023, must be
 1969  sentenced in accordance with s. 775.082, s. 775.083, or s.
 1970  775.084 for the degree of offense provided in s. 893.13.
 1971         (b) A person who was convicted of a violation of former s.
 1972  893.13, Florida Statutes 2022, for possessing 4.0 ounces or less
 1973  of cannabis as defined in chapter 893, who was sentenced before
 1974  January 1, 2023, to a term of imprisonment or probation pursuant
 1975  to former s. 893.13, Florida Statutes 2022, and who is serving
 1976  the term of imprisonment or probation on or after January 1,
 1977  2023, must have an opportunity for a sentence review hearing. If
 1978  the person requests a sentence review hearing, he or she must be
 1979  resentenced in accordance with paragraph (c).
 1980         (c) Resentencing under this section must occur in the
 1981  following manner:
 1982         1. The Department of Corrections shall notify the person
 1983  described in paragraph (b) of his or her eligibility to request
 1984  a sentence review hearing.
 1985         2. A person seeking sentence review under this section may
 1986  submit an application to the court of original jurisdiction
 1987  requesting that a sentence review hearing be held. The
 1988  sentencing court retains original jurisdiction for the duration
 1989  of the sentence for the purpose of this review.
 1990         3.A person who is eligible for a sentence review hearing
 1991  under this section is entitled to representation by legal
 1992  counsel. If the person is indigent and unable to employ counsel,
 1993  the court shall appoint counsel under s. 27.52. Determination of
 1994  indigence and costs of representation is as provided in ss.
 1995  27.52 and 938.29.
 1996         4. Upon receipt of a request for a sentence review hearing,
 1997  the court of original jurisdiction shall hold such a hearing to
 1998  determine if the person meets the criteria for resentencing
 1999  under this section. If the court determines by a preponderance
 2000  of the evidence that the person is currently serving a sentence
 2001  for a violation of former s. 893.13, Florida Statutes 2022, and
 2002  that the violation was for possession of cannabis in the amount
 2003  of 4.0 ounces or less, the court shall resentence the person in
 2004  accordance with this section. If the court determines that the
 2005  person does not meet the criteria for resentencing under this
 2006  section, the court must provide written findings as to why the
 2007  person does not meet the criteria.
 2008         5. If the court finds that the underlying facts of a
 2009  conviction that is subject to resentencing are classified as a
 2010  crime under s. 893.13, the person must be resentenced to a term
 2011  that would not exceed the maximum sentence provided by that
 2012  section. The person is entitled to receive credit for his or her
 2013  time served.
 2014         6. If the court finds that the underlying facts of a
 2015  conviction that is subject to resentencing are not classified as
 2016  a crime under s. 893.13, the person must be resentenced to time
 2017  served and released from supervision as soon as reasonably
 2018  possible.
 2019         (4)Notwithstanding any other law, a person who has been
 2020  convicted of a crime under former s. 893.13, Florida Statutes
 2021  2022, and whose offense would not be classified as a crime under
 2022  s. 893.13, must have all fines, fees, and costs related to such
 2023  conviction waived.
 2024         Section 7. Present subsections (5), (6), and (7) of section
 2025  893.147, Florida Statutes, are redesignated as subsections (6),
 2026  (7), and (8), respectively, a new subsection (5) is added to
 2027  that section, and subsections (1), (2), and (4) of that section
 2028  are amended, to read:
 2029         893.147 Use, possession, manufacture, delivery,
 2030  transportation, advertisement, or retail sale of drug
 2031  paraphernalia, specified machines, and materials.—
 2032         (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as
 2033  provided in subsection (5), it is unlawful for any person to
 2034  use, or to possess with intent to use, drug paraphernalia:
 2035         (a) To plant, propagate, cultivate, grow, harvest,
 2036  manufacture, compound, convert, produce, process, prepare, test,
 2037  analyze, pack, repack, store, contain, or conceal a controlled
 2038  substance in violation of this chapter; or
 2039         (b) To inject, ingest, inhale, or otherwise introduce into
 2040  the human body a controlled substance in violation of this
 2041  chapter.
 2042  
 2043  Any person who violates this subsection is guilty of a
 2044  misdemeanor of the first degree, punishable as provided in s.
 2045  775.082 or s. 775.083.
 2046         (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except
 2047  as provided in subsection (5), it is unlawful for any person to
 2048  deliver, possess with intent to deliver, or manufacture with
 2049  intent to deliver drug paraphernalia, knowing, or under
 2050  circumstances where one reasonably should know, that it will be
 2051  used:
 2052         (a) To plant, propagate, cultivate, grow, harvest,
 2053  manufacture, compound, convert, produce, process, prepare, test,
 2054  analyze, pack, repack, store, contain, or conceal a controlled
 2055  substance in violation of this act; or
 2056         (b) To inject, ingest, inhale, or otherwise introduce into
 2057  the human body a controlled substance in violation of this act.
 2058  
 2059  Any person who violates this subsection is guilty of a felony of
 2060  the third degree, punishable as provided in s. 775.082, s.
 2061  775.083, or s. 775.084.
 2062         (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as
 2063  provided in subsection (5), it is unlawful to use, possess with
 2064  the intent to use, or manufacture with the intent to use drug
 2065  paraphernalia, knowing or under circumstances in which one
 2066  reasonably should know that it will be used to transport:
 2067         (a) A controlled substance in violation of this chapter; or
 2068         (b) Contraband as defined in s. 932.701(2)(a)1.
 2069  
 2070  Any person who violates this subsection commits a felony of the
 2071  third degree, punishable as provided in s. 775.082, s. 775.083,
 2072  or s. 775.084.
 2073         (5)ACTS INVOLVING A MARIJUANA DELIVERY DEVICE.—
 2074         (a) A person 21 years of age or older may possess, use,
 2075  transport, or deliver, without consideration, to a person 21
 2076  years of age or older a marijuana delivery device as defined in
 2077  s. 381.986.
 2078         (b) A person younger than 21 years of age who possesses,
 2079  uses, transports, or delivers, without consideration, a
 2080  marijuana delivery device as defined in s. 381.986 commits a
 2081  misdemeanor of the second degree, punishable as provided in s.
 2082  775.082 or s. 775.083 for a first conviction of a violation of
 2083  this paragraph and a misdemeanor of the first degree, punishable
 2084  as provided in s. 775.082 or s. 775.083, for a second or
 2085  subsequent conviction of a violation of this paragraph.
 2086         Section 8. Section 943.0586, Florida Statutes, is created
 2087  to read:
 2088         943.0586 Cannabis expunction.—
 2089         (1)DEFINITIONS.—As used in this section, the term:
 2090         (a) “Cannabis” has the same meaning as provided in chapter
 2091  893.
 2092         (b) “Expunction” has the same meaning and effect as
 2093  provided in s. 943.0585.
 2094         (c) “Former s. 893.13, Florida Statutes 2022,” is a
 2095  reference to s. 893.13 as it existed at any time before January
 2096  1, 2023.
 2097         (2) ELIGIBILITY.—Notwithstanding any other law, a person is
 2098  eligible to petition a court to expunge a criminal history
 2099  record for the conviction of former s. 893.13, Florida Statutes
 2100  2022, if:
 2101         (a)The person received a withholding of adjudication or
 2102  adjudication of guilt for a violation of former s. 893.13,
 2103  Florida Statutes 2022, for the possession of cannabis;
 2104         (b)The person possessed 4.0 ounces or less of cannabis;
 2105  and
 2106         (c)The person is no longer under court supervision related
 2107  to the disposition of arrest or alleged criminal activity to
 2108  which the petition to expunge pertains.
 2109         (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
 2110  to expunge a criminal history record under this section, a
 2111  person seeking to expunge a criminal history record must apply
 2112  to the department for a certificate of eligibility for
 2113  expunction. The department shall adopt rules to establish
 2114  procedures for applying for and issuing a certificate of
 2115  eligibility for expunction.
 2116         (a) The department shall issue a certificate of eligibility
 2117  for expunction to a person who is the subject of a criminal
 2118  history record under this section, if that person:
 2119         1. Satisfies the eligibility criteria in subsection (2);
 2120         2. Has submitted to the department a written certified
 2121  statement from the appropriate state attorney or statewide
 2122  prosecutor which confirms the criminal history record complies
 2123  with the criteria in subsection (2); and
 2124         3. Has submitted to the department a certified copy of the
 2125  disposition of the charge to which the petition to expunge
 2126  pertains.
 2127         (b) A certificate of eligibility for expunction is valid
 2128  for 12 months after the date of issuance stamped by the
 2129  department on the certificate. After that time, the petitioner
 2130  must reapply to the department for a new certificate of
 2131  eligibility. The petitioner’s status and the law in effect at
 2132  the time of the renewal application determine the petitioner’s
 2133  eligibility.
 2134         (4) PETITION.—Each petition to expunge a criminal history
 2135  record must be accompanied by:
 2136         (a) A valid certificate of eligibility issued by the
 2137  department.
 2138         (b) The petitioner’s sworn statement that he or she:
 2139         1. Satisfies the eligibility requirements for expunction in
 2140  subsection (2); and
 2141         2. Is eligible for expunction to the best of his or her
 2142  knowledge.
 2143         (5) PENALTIES.—A person who knowingly provides false
 2144  information on his or her sworn statement submitted with a
 2145  petition to expunge commits a felony of the third degree,
 2146  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2147         (6) COURT AUTHORITY.—
 2148         (a)The courts of this state have jurisdiction over their
 2149  own procedures, including the maintenance, expunction, and
 2150  correction of judicial records containing criminal history
 2151  information, to the extent that such procedures are not
 2152  inconsistent with the conditions, responsibilities, and duties
 2153  established by this section.
 2154         (b) A court of competent jurisdiction shall order a
 2155  criminal justice agency to expunge the criminal history record
 2156  of a person who complies with this section. The court may not
 2157  order a criminal justice agency to expunge a criminal history
 2158  record under this section until the person seeking to expunge a
 2159  criminal history record has applied for and received a
 2160  certificate of eligibility under subsection (3).
 2161         (c)Expunction granted under this section does not prevent
 2162  the person who receives such relief from petitioning for the
 2163  expunction or sealing of a later criminal history record as
 2164  provided for in ss. 943.0583, 943.0585, and 943.059, if the
 2165  person is otherwise eligible under those sections.
 2166         (7) PROCESSING OF A PETITION OR AN ORDER.—
 2167         (a) In judicial proceedings under this section, a copy of
 2168  the completed petition to expunge must be served upon the
 2169  appropriate state attorney or the statewide prosecutor and upon
 2170  the arresting agency; however, it is not necessary to make any
 2171  agency other than the state a party. The appropriate state
 2172  attorney or the statewide prosecutor and the arresting agency
 2173  may respond to the court regarding the completed petition to
 2174  expunge.
 2175         (b)If relief is granted by the court, the clerk of the
 2176  court shall certify copies of the order to the appropriate state
 2177  attorney or the statewide prosecutor and the arresting agency.
 2178  The arresting agency shall forward the order to any other agency
 2179  to which the arresting agency disseminated the criminal history
 2180  record information to which the order pertains. The department
 2181  shall forward the order to expunge to the Federal Bureau of
 2182  Investigation. The clerk of the court shall certify a copy of
 2183  the order to any other agency that the records of the court
 2184  reflect has received the criminal history record from the court.
 2185         (c)The department or any other criminal justice agency is
 2186  not required to act on an order to expunge entered by a court if
 2187  such order does not meet the requirements of this section. Upon
 2188  receipt of such an order, the department shall notify the
 2189  issuing court, the appropriate state attorney or statewide
 2190  prosecutor, the petitioner or the petitioner’s attorney, and the
 2191  arresting agency of the reason for noncompliance. The
 2192  appropriate state attorney or statewide prosecutor shall take
 2193  action within 60 days to correct the record and petition the
 2194  court to void the order. No cause of action, including contempt
 2195  of court, may arise against any criminal justice agency for
 2196  failure to comply with an order to expunge if the petitioner for
 2197  such order failed to obtain the certificate of eligibility as
 2198  required by this section or such order does not otherwise meet
 2199  the requirements of this section.
 2200         (8) EFFECT OF CANNABIS EXPUNCTION ORDER.—
 2201         (a)The person who is the subject of a criminal history
 2202  record that is expunged under this section may lawfully deny or
 2203  fail to acknowledge any arrest or conviction covered by the
 2204  expunged record, except if the person who is the subject of the
 2205  record:
 2206         1. Is a candidate for employment with a criminal justice
 2207  agency;
 2208         2. Is a defendant in a criminal prosecution;
 2209         3. Concurrently or subsequently petitions for relief under
 2210  this section, s. 943.0583, s. 943.0585, or s. 943.059;
 2211         4. Is a candidate for admission to The Florida Bar;
 2212         5. Is seeking to be employed or licensed by or to contract
 2213  with the Department of Children and Families, the Division of
 2214  Vocational Rehabilitation within the Department of Education,
 2215  the Agency for Health Care Administration, the Agency for
 2216  Persons with Disabilities, the Department of Health, the
 2217  Department of Elderly Affairs, or the Department of Juvenile
 2218  Justice or to be employed or used by such contractor or licensee
 2219  in a sensitive position having direct contact with children,
 2220  persons with disabilities, or the elderly;
 2221         6. Is seeking to be employed or licensed by the Department
 2222  of Education, any district school board, any university
 2223  laboratory school, any charter school, any private or parochial
 2224  school, or any local governmental entity that licenses child
 2225  care facilities;
 2226         7. Is seeking to be licensed by the Division of Insurance
 2227  Agent and Agency Services within the Department of Financial
 2228  Services; or
 2229         8. Is seeking to be appointed as a guardian pursuant to s.
 2230  744.3125.
 2231         (b)A person who has been granted an expunction under this
 2232  section and who is authorized under paragraph (a) to lawfully
 2233  deny or fail to acknowledge the arrests and convictions covered
 2234  by an expunged record may not be held under any law of this
 2235  state to have committed perjury or to be otherwise liable for
 2236  giving a false statement by reason of his or her failure to
 2237  recite or acknowledge an expunged criminal history record.
 2238         Section 9. Section 893.15, Florida Statutes, is amended to
 2239  read:
 2240         893.15 Rehabilitation.—Any person who violates s.
 2241  893.13(6)(a) or (b) relating to possession may, in the
 2242  discretion of the trial judge, be required to participate in a
 2243  substance abuse services program approved or regulated by the
 2244  Department of Children and Families pursuant to the provisions
 2245  of chapter 397, provided the director of such program approves
 2246  the placement of the defendant in such program. Such required
 2247  participation shall be imposed in addition to any penalty or
 2248  probation otherwise prescribed by law. However, the total time
 2249  of such penalty, probation, and program participation may shall
 2250  not exceed the maximum length of sentence possible for the
 2251  offense.
 2252         Section 10. Except as otherwise expressly provided in this
 2253  act and except for this section, which shall take effect upon
 2254  becoming a law, this act shall take effect January 1, 2023.