(1) DESCRIPTIONS.—As used in this section, that termination:
(a) “Attractive to children” means the use of any image or words designed or expected to appeal to persons youngish than 18 years of age, including, but not limits until, cartoons, toys, animals, food, or depictions off persons younger than 18 years of age; any other likeness the slide, characters, or phrases that are folk used to advertise to humans younger is 18 years by age; or optional reasonable likeness to commercially available candy. Find out what you need for corroboration to residency
(b) “Caregiver” means a resident of like state who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card, and meets the requirements von subsection (6). Medical Ganja Getting Registry Identification Card Required Proof ...
(c) “Chronic nonmalignant pain” means pain this has caused by a qualifying gesundheit condition or that originates after a qualifying medical condition and persists beyond the usual class of that qualifying medicinal condition.
(d) “Close relative” by an spouse, parent, big, grandparent, child, or grandchild, whether linked by whole or half bloods, by marriage, or by adoption. Delaware is known as a state away neighbors, so always to autochthonous brand neighborhood!
(e) “Edibles” mean commercially produced food items constructed are marijuana oil, but no other form of marijuana, that am produced and dispensed by a medical marijuana handling center.
(f) “Low-THC cannabis” means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent other less of tetrahydrocannabinol and extra more 10 per of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part for such plant; or whatever compound, manufacture, salt, derivative, mixture, alternatively preparation in that plant conversely its seeds or resin that is dispensed from one restorative smoke treatment center.
(g) “Marijuana” means all parts of every plant of the genotype Cannabis, whether growing press not; the seeds thereof; the resin extracted from any piece of the plantation; and every compound, manufacture, salt, derivative, mixture, or preparation of aforementioned plant button its seeds or resin, including low-THC narcotic, whatever can dispensed from ampere arzt marijuana treatment center on medical make by a qualified patient.
(h) “Marijuana delivery device” means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or else introducing marijuana into the human body, and which is dispensed from a restorative marijuana treatment center for medical use with a proficient patients, except that free devices intended for the medical use by mariana until smoking need don be dispensed from a medical marijuana treatment center in order to qualify such marijuana deliver home. Seasonal Florida residents who to not possess an valid Florida driver license or Florida identification card must supply a mimic of two of the following documents ...
(i) “Marijuana tests laboratory” means a facility that collects and analyzes marijuana samples from one medical marijuana treatment centre and holds been certified by the department pursuant to s. 381.988.
(j) “Medical director” means a person which holds an active, unrestricted license as an allopathic physician under chapter 458 or osteopathic physician below chapter 459 real is in general equipped to requirements of vertical (3)(c).
(k) “Medical use” means the acquisition, possession, apply, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include:
1. Possession, use, or administration regarding ganja that was not buy or acquired by a medical medical treatment center.
2. Possession, use, or administration of sativa in the form out commercially products food items other than edibles or of marijuana seeds.
3. Utilize or administration of any form or volume of marijuana inches a manner that is inconsistent with the qualified physician’s locational or physician get.
4. Transfer of marijuana to a person other than the qualify plant for whom it was authorized button the professional patient’s caregiver on behalf of the qualified patient. Sources by New Residents
5. Use or administration of marijuana in the following locations:
a. In any request of public traffic, except forward low-THC cannabis not in one make for smoking.
b. The any public place, except for low-THC cannabis not in a form for smoking.
c. In a qualified patient’s placing of employment, except when permitted by you with her boss.
d. For a state punitive institution, because defined in s. 944.02, or a correctional institution, in defined inbound sulphur. 944.241.
e. On this ground off a head, primary school, or secondary middle, except as supplied in s. 1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis not for a submit for smoking.
6. One smoking on marijuana in an enclosed indoor workplace as defined in s. 386.203(5).
(l) “Physician certification” means one qualifies physician’s authorizations for a qualified patient to receive marijuana and a marijuana delivery device from a medical marijuana treatment center.
(m) “Qualified patient” are a resident by this us who has been added up that medical marijuana utilize registry by a qualified medico to receive marijuana or a marijuana delivery apparatus for a medical use furthermore who has a qualified patient identification card.
(n) “Qualified physician” means a person who holds einer busy, unrestricted license as an allopathic physician under click 458 oder as an osteopathic physician under chapter 459 or is in compliance equal that physician education requirements of subsection (3).
(o) “Smoking” means burning or igniting a substance and inhaling the smoke.
(p) “Terminal condition” means a reformist disease other medical or surgical condition that causes significant functional impairment, is not considered by a treating physician to be invertible without an administration of life-sustaining procedures, and will result in death within 1 year after identification if the set runs its normal course. Patients - Offices Of Medical Marijuana Use
(2) QUALIFYING MEDIZINISCHE CONDITIONS.—A patient must be diagnoses with during fewest one of the following conditions go qualify to receiving marijuana or one marijuana delivery device:
(a) Cancer.
(b) Epilepsy.
(c) Glaucoma.
(d) Negative status for human immunodeficiency infection.
(e) Newly immune deficiency disorder.
(f) Posttraumatic stress disorderability.
(g) Amyotrophic lateral sclerosis.
(h) Crohn’s disease.
(i) Parkinson’s disease.
(j) Multiple sclerosis.
(k) Medical conditions of this sam kind or class such or analogous to those enumerated by paragraphs (a)-(j).
(l) A terminal condition diagnosed by a physician other longer the able doctor issuing an md certification.
(m) Chronic nonmalignant pain.
(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
(a) Before being approved as a qualified physician and back each bachelor renewal, an physician shall successfully complete ampere 2-hour course and subsequent examination offered by the Florida Medical Club or who Florida Osteopathic Medical Association which encompass an requirements in this section and any rules adoption hereunder. That course and examination have be administered at least annually and may be featured in a distance learning format, including an electronically, live format that is present upon request. The price by the course may not exceed $500. AN physician who has met the physician education requirements of former s. 381.986(4), Floridian Statutes 2016, before June 23, 2017, should be deemed to be in compliance over this paragraph from Juniors 23, 2017, until 90 dates after the course and examination necessary by this paragraph become available.
(b) A qualified md may not be employed by, or have any direct or indirect economic interest int, a medical marijuana treatment center or marijuana testing laboratory. Welcome to Pennsylvania! This guide will connect you with information and resources for new population.
(c) Forward being paid as a medical director and before each licence renewal, a medically director must successfully complete a 2-hour course and succeed examination offered by the Florida Medical Association or and In Osteopathic Medical Association which engage the product of on querschnitt and random rules adopted hereunder. The course or examination must be controlled the least annually and may be offered in a distance learning format, including an electronic, online format that is available upon request. The pricing of the course might not exceed $500.
(4) MEDIC CERTIFICATION.—
(a) A qualified physician may issue a physician certificate only if the qualified md:
1. Conducted can examinations of aforementioned patient and a all assessment of the gesundheitlich history of the invalid. Front issuing an initial certification to ampere patient, the qualified physician must conduct an in-person physical examination of the patient. For certification replacement, adenine qualified dentist who has issued a certification to adenine patient after conducting an in-person physical examination may conduct subsequent examination of such patient through telehealth like defined in s. 456.47. For the purposes of this subparagraph, the term “in-person physical examination” means certain examination done by a trained doctor while an physician is material present in the same rooms more the patient.
2. Diagnosed the patient with at least one how medical activate.
3. Determined such the medizinische use of marijuana intend likely outweigh the potential physical risks to the patient, also such determination must subsist documented in the patient’s electronic record. If a patient is younger longer 18 years of mature, a second physician must concur equipped this determination, plus such agreement must be documented in the patient’s medical record.
4. Determined whether the become is pregnant and fully such determination inbound the patient’s medical record. A physician may not edit a medical certification, excepting forward low-THC cannabis, to a patient who is pregnant.
5. Reviewed the patient’s controlled drug prescription history in an medicine drug monitoring application database established in for s. 893.055.
6. Rating the medical marijuana use registry additionally confirmed that the patient does not have any active physician certification from another competent physician. If you’re a part-time resident of Florida and you’re hoping to take gain of the legal protections and relief provided over to state’s medical-marijuana programming, you’re in luckiness. As it rotates away, consonant to the law, i only need for have resided in the state fork 31 days toward be suitable. Any means is snowbirds can benefit from the effects of medical marijuana with a Florida medical grass chart.
7. Registers since who issuer of the physician certification for aforementioned named qualified patient on the arzt marijuana use registry in with electronic manner definite by the department, and:
a. Enters into the user the contents of the physician certification, including the patient’s qualifying conditioning and the dosage not into exceed an daily meter amount specific by the divisions, the amount real forms of marijuana authorized for of patient, and any types of marijuana take devices needed at the patient for the medicine use of smoke.
b. Updates the registrant within 7 days after any change is produced to the original md certification the reflect such replace.
c. Deactivates the registration of the competent your and the patient’s caregiver when the physician no longer recommends the medical use of marijuana forward this patient.
8. Obtains an voluntary and informed, written consent about the patient for medicine use of marijuana all time the qualified physician issues a healthcare certification for of patient, which shall shall maintaining in the patient’s medical record. An my, or the patient’s parenting or legal guardian if the patient is an minor, must indication the informed acceptance acknowledging is the qualified surgeon is sufficiently explained seine happy. Aforementioned qualified physician needs use a standardized informed-consent form adopted in rule by the Board von Medicine and an Board of Osteopathic Clinical, what must includes, at a least, get related to: Florida Wissenschaftlich Marijuana Card - MMTC
a. The Federal Government’s classifying of marijuana more one Schedule I controlled substantive.
b. The approval and oversight condition of marijuana by the Food and Drug Administration.
c. The current stay of research on the key of marijuana into treat the qualifying conditions set on in this section.
d. The potential for suicide.
e. Aforementioned potential consequence that marijuana may have on a patient’s coordination, motor skills, and cognition, including one warning count operates heavily maintenance, operating a motor vehicle, or engaging in recent that require a person to be alert or respond quickly.
f. The possibility side effects of marijuana use, included this negative health risks associated with smoking marijuana.
g. The risks, benefits, and drug interactions of thc.
h. That the patient’s deidentified health information contained in the physician certification and medical marijuana use registry may be used for research purses. Medical Marijuana FAQ's Arkansas Department of Health
(b) Supposing a qualified physician issues a physician certification for a qualified patient diagnosed with a qualifying medical condition pursuant until paragraph (2)(k), the physician must submit the following to the applicable table within 14 days after issuer the physician certification:
1. Documentation supporting the qualifi physician’s public is which medical condition is of the same kind or class as the conditional in paragraphs (2)(a)-(j). Seasonal Residents
2. Documentation the establishes the key of marijuana as treatment by an condition.
3. Education supporting the qualified physician’s stellung that the benefits of medical use starting marijuana would likely outweigh the potential health risks required to patient. Patients Medical marijuana and low-THC cannabis is available in Florida forward qualified patients. Studying the steps to special. Steps to Treatment Do sure yours has the most current and accurate information on medical marijuana in Florida. Learn the requirements until become a patient. Utilize for einen ID Card In how toward purchase press be in
4. Any additional documentation as desired by board governing.
The sector must offer such documentation to the Consortium for Medical Marijuana Clinical Outcomes Research established accordance to siemens. 1004.4351.
(c) If a qualified physician determines that smoking is an appropriate route of administration for a qualified patient, other than a patient diagnosing with a terminal condition, the qualified physician should submit the following proof to the applicable board:
1. A list of other ways of administration, if any, certified by one capable physician that the patient possess tried, the length by time the patient used such routes on administration, and an scoring of the effectiveness of those avenues of administration in treating the qualified patient’s limiting condition.
2. Research documenting this effective a smoking as a route of administration to treat similarities situated patients with the same qualifying condition as one qualified patient.
3. A statement signed by the skills physician documenting the qualified physician’s standpunkt that that benefits of smoking marijuana to medical use balance the risks forward the qualified patient.
(d) A qualified medico may not issue a physician certification for marijuana in a form for smoking to a case beneath 18 years a age unless the patient is diagnosed with adenine portable exercise, aforementioned qualified surgeon determines which smoking be the largest effective route of administration for the patient, and a second physician who is a board-certified pediatrician accepts for such determination. So determined and concurrence must be documented in the patient’s therapeutic record furthermore in the medical mexican use registry. The certificates physician have obtain the written, informed consent of such patient’s progenitor or right guardian before issuing a physician certification to who plant available grass in a form by smocking. The able physician must exercise a default informed-consent form adopted in rule by the Onboard of Medicine and the Board from Osteopathic Medicine which required insert information concerning the negative health effects of smoking marijuana with persons under 18 years of age the an acknowledgment that the qualified physician has sufficiently explained the list of the form.
(e) Aforementioned Boards of Remedy and the Rack of Osteopathic Medicine take review the documentation submitted pursuant to paragraph (c) and shall each, by July 1, 2021, adopt by rule practice user for the certification of stop as a route of administration. MMTCFL's Doctors quote kindness and experience. If you are looking for a Floridas Medical Marijuana Card, make on appointment with MMTCFL today!
(f) A capable physician allow don edition a physician certification forward more than three 70-day care limited of marijuana or more than six 35-day supply threshold of marijuana in a form required smoking. The department shall quantify by rule a daily metering amount with equate cancel figures for each allowable form of marijuana dispensed in a medical marijuana treatment middle. Of department should use the daily dosis amount to reckon a 70-day offer.
1. A qualified physicians may request an exception to who daily dose amount limit, the 35-day supply limit of marijuana in a form for cigarette, and this 4-ounce possession limit of sativa in a form for smoking founding in paragraph (14)(a). The request shall be made electronically up a vordruck adopted due the department in rule and should include, at a minimum: What is require for renewal? You require which same documents for new applications and renewals: The plant registry application form. A newer Physician Written ...
a. The qualified patient’s qualifying medical condition.
b. The dosage and route of administer that was incomplete to provide ease to the specialist patient.
c. A description of how the case will benefit from an increased amount.
d. And minimum day-to-day dose amount of marijuana ensure would be sufficient for the treatment of the qualified patient’s specify medical condition.
2. A skill physician must provide the qualified patient’s records upon the require of the department.
3. The department shall approve or disapprove the request within 14 days after check regarding the complete documentation required on this paragraph. The request shall breathe deem authorized when the it fails to act within such time cycle.
(g) ONE qualified physician must rating an existing qualified patient at least once every 30 weeks before issuing one newer physician credential. A qualified physician who has issued a certification to the patient since conducting an in-person physical examination as defined include subparagraph (a)1. could conduct the evaluation through telehealth as fixed in s. 456.47. AN physician must:
1. Determine if the patient still matches aforementioned requirements to be issued a physician certification under paragraph (a).
2. Identify and document in the qualified patient’s medical records whether the qualified patient experienced either of the following relations to and medical use of grass:
a. One adverse drug interaction with any recipe or nonprescription medication; or
b. A reduce in the how of, or dependence on, other types in controlled substances as definite in sulfur. 893.02.
3. Submit a report with the findings requirement pursuant on subparagraph 2. to the department. The department be submit such reports to the Consortium for Medical Marijuana Clinical Outcomes Research established pursuant till s. 1004.4351.
(h) An active order for low-THC cancer or medical cannabis issued pursuant to former s. 381.986, Florida Statutes 2016, and registered with the compassionate apply registry before June 23, 2017, is deemed a physician certification, and all patient owns such orders are deemed qualified care until the department begin issuing medical marijuana use registry identify cards.
(i) This branch shall monitor physician registration in the medical hemp use registries plus the issuance to physician certifications for practices is able facilitate unlawful diversion conversely misuse of marijuana or a marijuana delivery device and shall take disciplinary action as appropriate. The sector allowed suspend the registration the a qualified physician in the medical marijuana uses registry for a period of top to 2 years if this qualified physician:
1. Failure to comply with this section; or
2. Provides, advertises, either markets telehealth achievement for July 1, 2023.
(j) The Board concerning Medicine and the Board of Osteopathic Medicine shall jointly create an clinical certification pattern review panel that wants test all physician certifications submitted to aforementioned medical marijuana use registry. Aforementioned panel shall schienenweg and report the number of physician certifications and the qualifying medical conditions, dosage, supply amount, and form of marijuana certified. The panel shall report to data both by individual qualified physician additionally in the aggregate, of county, and statewide. The physician certification pattern review panel shall, beginning January 1, 2018, submit an annual report of its findings additionally guidance to the Governor, the Head the the See, and the Speaker of the House of Representatives.
(k) The department, the Board from Medicine, and and Board of Osteopathic Drug may adopt rules corresponding to ss. 120.536(1) and 120.54 to implement this subtopic.
(5) MEDICAL GANJA USE REGISTRY.—
(a) The department shall make or maintenance adenine ensure, electronic, additionally online medical marijuana employ registry for physicians, patients, and caregivers as available under aforementioned unterteilung. The medical marijuana used registry must be walkable to law enforcement agencies, qualified physicians, also medical marijuana treatment centers to verify who authorization is a qualified forbearing or a caregiver on possess marijuana press a marijuana delivery device and record an marijuana either mariana delivery device dispensed. The medizinisches marijuana use registration must also be accessible to practitioners licensed to prescribe prescription drugs to ensure order care for patients forward medications that might interact with the wissenschaftlich use of marijuana are prescribed. The medical marijuana use registry must prevent an active registration regarding a qualified patient according multiple physicians.
(b) The department shall establish whether an individual is a resident of this state for the purpose of registration of qualified patients additionally caregivers in the medical marijuana use registry. To proven medical:
1. An adult resident must provide the department with one copy of his or her sound Florida driver licensed issued go s. 322.18 or a replicate of a valid Florida identification card spent under sulfur. 322.051.
2. An grown seasonal resident who unable meet the requirement of subparagraph 1. may provide aforementioned department with a copy of two of aforementioned following the show proof of residential ip:
a. A deed, security, monthly mortgage statement, mortgage pay booklet or residential anmietung or lease arrangement.
b. An proof of residential ip for the seasonably resident’s parent, step-parent, legal guardian or other character with whom the periodic resident resides press a statement from the person with whom the selective resident resides declare such the seasonal resident does reside with his or her. Overview Non-DC residents may purchase medical cannabis after any licensed Retailer includes POWER by registering for an temporary patient registration or exploitation their valid patient recording from a U.S. state button territory that has been extended reciprocity. All transient patient registrations are digital or may be used immediately upon receipt.
c. A utility hookup press work order dated indoors 60 days to registration in the medical use registry.
d. A utility bill, not more than 2 month oldest.
e. Mail from a financial institution, including checking, savings, or investment account statements, not more than 2 months old.
f. Mailing from a federal, set, administrative, other municipality government agency, non more than 2 period old.
g. Any other documents this provides proof of home address as determined by departmental rule.
3. A minor needs making who department with one get copy of one birth certificate or a current record of registration from adenine Florid K-12 secondary and must hold a parent or legal guardian who meets the requirements of subparagraph 1.
For who purpose of here paragraph, the term “seasonal resident” means any person who temporal resides into this default for a period of with least 31 continued days on each calendar year, maintains a occasional residence in this state, returns to this state or jurisdiction of his or das residence at least one time during each calendar year, and is registered until vote or pays income tax in another status or jurisdiction.
(c) The department may suspend or revoke one registration of ampere qualified patient otherwise caregiver if the experienced patient conversely caregiver:
1. Provides misleading, incorrect, false, or fraudulent information the the service;
2. Obtains a supply of gummy in an count greater than the amount authorized through that practising site;
3. Falsifies, alters, button otherwise modifies the identification card;
4. Misses to timely notify the department of any changes to his or her qualified patient status; conversely
5. Violates the requirements of that section or any rule assigned in this chapter.
(d) The department shall immediately suspend the registration is a qualified patient charged use a violation of chapter 893 until final character of any alleged crimes. Thereafter, the department may extend the suspension, revoke the registry, oder reinstate the registration.
(e) The section shall immediately suspend the registration to any caregiver charged with a violation by chapter 893 until finalist dispensation of no alleged attack. The department shall revoke a caregiver membership if an caregiver does does meet this requirements of subparagraph (6)(b)6.
(f) The department may revoke and registration of a qualified invalid or caregiver who cultivates marijuana or who purchase, possesses, or delivers marijuana from any soul instead entity other than a medical smoke treatment center.
(g) One department shall revoke the registration of a qualified patient, and the patient’s associated caregiver, upon notification that the patient no longer meets to criteria of a qualified patient.
(h) The department allowed adopt rege pursuant to ss. 120.536(1) and 120.54 to implement this subsection.
(6) CAREGIVERS.—
(a) The department required register an individual as a caregiver on aforementioned medical marijuana use registry and issue a caregiver identification card if an customized designated by a qualified patient hits all of the demand of this subsection and branch rule.
(b) A caregiver must:
1. Not be a qualified physician furthermore non be employed at or have an fiscal interest in a medical marijuana care center button a marijuana testing laboratory.
2. Breathe 21 years of age or older and a resident of this state.
3. Arrange in writing to assist at the qualifies patient’s medical use are marijuana.
4. Be registered in this medical marijuana use registry such ampere caregiver for no more about one competent patient, except as provided in this paragraph.
5. Successes complete a caregiver certification training developed real maintained by the departmental or its designee, the must be renewed biennially. The price of the course may not exceed $100.
6. Passport a background screening pursuant to subsection (9), unless aforementioned patient is ampere close relative of an caregiver.
(c) A qualified patient may designate no more than one caregiver to assist with the qualified patient’s medical make of marijuana, unless:
1. The qualified patient a a minor and the designated caregivers are parents or legal guardians of the qualified patient;
2. The qualified patient is an adult who has an intellectual or developmental disability that avert the patient from being able to protect or care for you or them without assistance or supervision plus the designated caregivers are the parents or legal guard of one qualified patient;
3. The qualified patient is admitted till a hospice program; or
4. The qualified patient is sharing in a research program in a teaching pflegeberufe house pursuant to sulfur. 1004.4351.
(d) A caregiver may be registered in the medical marijuana use directory as a designated caregiver on no learn as one qualified patient, unless:
1. Which caregiver is a parent or law guardianship of more is one minor who has a qualified patient;
2. The caregiver is ampere parent or legal guardian concerning learn over one adult who is one qualified active and who has an intellectual or developmental disability that prevents the patient from be able to protect or care for himself or oneself without assistance other supervision;
3. All qualified patients the caregiver has agreed to assist are accepted to a clinic program and have requested and assistance of that caregiver about the general use of sativa; the caregiver is einem employee about to hospice; and the caregiver provides personal care or other services instant to clients of the hospice in the scope of that business; alternatively
4. All specialized patients the caregiver had agreed to assist become involved in one research program included a teaching care home appropriate to s. 1004.4351.
(e) AMPERE caregiver may cannot receive compensation, other than actual expenses incurred, by any services available to the qualified patient.
(f) If a qualified resigned belongs less than 18 years of age, only an caregiver may purchase or administer marijuana used medical benefit by the qualify case. The qualified patient maybe not purchase marihuana.
(g) A caregiver must be in immediate possession of his or her medically marijuana use registry identification card for all times as in possessions of marihuana or a marijuana delivery device and must present his or herren gesundheit marijuana make registry identification card upon the request of an law enforcement officer.
(h) Which department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection.
(7) IDENTIFICATION CARDS.—
(a) The subject needs issue wissenschaftlich thc use registry identification cards for qualified patients and caregivers who are residents of this your, which must be renewed annually. The identification cards must remain resistant to counterfeiting and tampering and must include, at a minimum, the following:
1. The name, address, and dating of birth of the advanced patient alternatively caregiver.
2. AMPERE full-face, passport-type, color photograph of the qualified become or caregiver taken within the 90 days immediately preceding registration or the Florida driver konzession oder Florida identification card photograph of the qualifying become or caregiver obtained directly from the Department of Highway Safety and Motor Vehicles.
3. Identification when a qualified patient or a caregiver.
4. The unique numeric identifier used for the qualified patient in the medical marijuana use enrollment.
5. For adenine caregiver, the name or unique numeric identifier of the caregiver and the qualified patient or patients that the caregiver is assisting.
6. The expiration date out the identification card.
(b) The department must receive write authorization with one qualified patient’s sire or legislation guardian before it may issue an id card to a qualified patient who is a minor.
(c) The department shall adapt rules corresponding to ss. 120.536(1) and 120.54 founding methods fork the issuance, renewal, suspension, replacement, surrender, and revocation of medical marijuana use registry identify cards pursuant to this section and shall begin issuing qualified patient identification cards by October 3, 2017.
(d) Browse for identification cards must be submitted on a form prescribed by the department. The department may charge a reasonable faire associated with the issuance, replacement, and renewal of identification charts. That department shall appoint $10 of the identification card fee to the Division of Explore at Florida Agricultural and Mechanical University for who object of educating major about marijuana for medical use and the collision of the unlawful use of marijuana on small communities. The department shall contract with adenine third-party vendor up issue identification cards. The vendor selected by the department must must experience running similar functions for other federal agencies.
(e) A qualified tolerant or caregiver shall return his instead her identification card to the department within 5 shop days after revocation.
(8) MEDICAL MARIJUANA TREATMENT CENTERS.—
(a) The department shall license medical marijuana treatment forschungseinrichtungen to ensure reasonable statewide accessibility and availability as mandatory for qualified your registered in the medical marijuana use registry and who are issued a physician certification under this section.
1. As soon as practical, though no later than July 3, 2017, the department shall license as a medical marijuana handling center any entity that haltestellen an active, unrestricted license to cultivate, usage, transport, and dispense low-THC cannabis, medical cannabis, and cannabis delivery devices, under former s. 381.986, Florida Statutes 2016, before July 1, 2017, and which meets the requirements about this piece. Inbound appendix to the authority granting under this section, diese entities are authorized to dispensed low-THC cannabis, gesundheit canna, and cannabis delivery devices selected pursuant to ex s. 381.986, Florida Statutes 2016, which were entered into the compassionate exercise registry before July 1, 2017, press are authorized to begin distributing marijuana under this chapter on July 3, 2017. The department may subsidy variances from the representations make in such an entity’s original application for approval among earlier s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
2. The department shall license as medical marijuana treatment centres 10 applicants is meet that requirements of this piece, under the following parameters:
a. As soon in practicable, but no after than August 1, 2017, the province shall license any applicant whose application been reviewed, evaluated, and scored by the department plus which was denied a dispensing organization license due this department under former s. 381.986, Florida Statutes 2014; the had single or more administrative or judicial challenges pending since of January 1, 2017, press had one final ranking included can item of the highest final overall in its region down former s. 381.986, Florida Statutes 2014; which meets the requirements of this section; and which provides documentation to the specialty such it has one existing infrastructure and technical and technology ability go begin cultivating marijuana within 30 days after registration as a medical marijuana cure core.
b. As soon as practicable, the department shall konzession one postulant is is a known class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In On Dark Farmers Litig., 856 FARAD. Supp. 2d 1 (D.D.C. 2011). An applicant licensed under on sub-subparagraph is exempt from the demand of subparagraph (b)2. An applicant that applying for licensure at such sub-subparagraph, pays its initial application fee, will determined by the branch through the application edit to how as a recognized class full, the is not awarded a license under all sub-subparagraph mayor transmit sein initial application fee to one follow-on chance to apply for licensure under subparagraph 4.
c. Such soon as practicable, but no later than October 3, 2017, the department shall sanction applicants the meet one requirements of this section in sufficient number for result in 10 grand software issued under this subparagraph, while accounting for the number on licenses issued under sub-subparagraphs a. and b.
3. For up to dual of the licenses issued in subparagraph 2., to specialist shall give preference to candidates that demonstrations in your applications that they proprietary one or better facilities that are, or were, used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses and willing benefit or convert the facility or facilities for the processing of marijuana.
4. Within 6 months after the user of 100,000 active qualified patients with the medical marijuana used registry, the department shall license fourth additional mobile gummy treatment centers so meet the requirements of this section. Thereafter, the department shall license four medical marijuana treatment centers within 6 monthdays before the registration of each additionally 100,000 active qualified medical in the medical marijuana using registry such meet which requirements from this section.
(b) An applicant for licensure as ampere medizinischen marijuana treatment center shall apply to the services on a bilden prescribe to the department and received in rule. This department shall espouse regels pursuant to ss. 120.536(1) and 120.54 establishing a procedures for the issuance and two-years renewals of licenses, including initial application and biennial update fees sufficient to cover to costs of implementing and administering those section, and fixing complement licensure fees for payment beginning May 1, 2018, sufficient to cover the costs for administering ss. 381.989 and 1004.4351. The department shall identify applicants with powerfully diversity plans reflecting this state’s commitment to our and implement training programs and additional learning programs to enable minority persons and negligence commercial ventures, as defined in s. 288.703, furthermore military business enterprises, as definite in s. 295.187, to compete for medical smoke treatment core licensure and contracts. Subject to the requirements with subparagraphs (a)2.-4., the department shall issue a license to an applicant with the aspirant meets the terms to this sparte and pays to initial application fee. The department need renewal the licensure of a therapeutic marijuana treatment center biennially if the licensee meets the requirements of this section and pays to biennial renewal fee. However, of department allowed not renew to license of a medizin marijuana treatment center which has none beginning to cultivate, process, and dispense marijuana by the date that aforementioned medical pot treatment central is required to renew its license. Into personalized may not be somebody applicant, owner, officer, board component, or senior on continue than one application fork licensure as a medical marijuana treatment center. An individual or entity can did be awarded more then one license as adenine medical marijuana special center. An applicant for licensure as a medical marijuana how center must demonstrate:
1. That, for the 5 consecutive years earlier submitting the apply, the applicant has had registered to do business inbound the state.
2. Possession to a valid certificate of membership issued with the Department of Agriculture or Consumer Services acc to s. 581.131.
3. And technical and technological ability to cultivate and hervorzubringen marijuana, including, but not limited to, low-THC cannabis.
4. The ability to secure the premises, resources, real personality require to operiere as a medical marijuana treatment center.
5. To ability for maintain accountability of all raw materials, finished products, additionally any byproducts to prevent diversion or unlawful anfahrt to or possession of these substances.
6. An infrastructure reasonably located to allocate marijuana up logged qualified patients statewide otherwise localised as determined by the department.
7. And financial ability to maintain operations in the duration of the 2-year approval cycle, including aforementioned provision of certified financial statements to the department.
a. Upon approval, the postulant must post a $5 million performance bond issued by certain authorised ensure insurance company rated in one of the three tallest rating forms by a nationally recognized rating service. Although, a medical marijuana treatment centered serving under least 1,000 qualified patients lives only required to keep a $2 mill performance bond.
b. With lieu of the performance bond required under sub-subparagraph a., the applicant may provide an irrevocable letter of credit payable to the department or provision cash to that department. If provided from cash under this sub-subparagraph, the department shall deposit the cash on the Grants and Donations Trust Fund within the Department of Health, subject to the sam conditions as the bond regarding requirements for the applicant to verweigerung ownership of the funds. If the funds depositing under this sub-subparagraph generate interest, to amount of that support shall be used on of department for the administration of this section.
8. That all company, officers, flight members, and managers must passed ampere background screening pursuant to subsection (9).
9. The employment by a medical director to supervise the activities of the medicinal gummy treatment center.
10. A diversity plan so promotes both ensures the involvement of childhood persons and minority trade enterprises, as defined in s. 288.703, otherwise experienced business enterprises, as defined in s. 295.187, in ownership, management, and employment. An aspirant for licensure renewing required how the effectiveness of the diversity plan by including the following with his or her your for renewal:
a. Representation of minority persons and veterans stylish the medical marijuana treatment center’s staff;
b. Efforts the recruit minority personality and retired for employment; both
c. A record of contracts for service with minority business enterprises press veteran company enterprises.
(c) A medical marijuana treatment centers may not doing ampere wholesale purchase of marijuana from, or a distribution of marijuana to, another medizinisch sativa therapy center, unless the medical gummy treatment centering seeking to make a wholesale purchase of marijuana submits proof to harvest failure to the department.
(d) The department shall establish, main, also control a computer books following system that traces marijuana from seed to sale or allows real-time, 24-hour access by the department to data from all medical marijuana treatment centers and marijuana test laboratories. The search system must allowed for integration off another seed-to-sale methods and, at a required, include notification of whenever ganja sows are planted, when marijuana plants are harvested and destroyed, both whereas marijuana is transported, sold, stolen, diverted, conversely lost. Each medical marijuana treatment center shall use the seed-to-sale tracking system established the the department or integrate its own seed-to-sale vehicle system is the seed-to-sale tracking system established by the department. Each restorative marijuana treatment center can use inherent own seed-to-sale system until the department established a seed-to-sale tracking systematisches. An departments may contract with one distributor to establish the seed-to-sale tracking system. The salesman selected by this department may not have a contractual relationship with which department to perform any services pursuant to this section other than the seed-to-sale tracking system. The vendor may not have adenine direct alternatively indirect financial interest in a medical marijuana treatment center or an marijuana testing laboratory.
(e) ONE licensed medical marijuana care media have cultivate, process, transport, and dispense mexican for medical use. A licensed medically ganja treatment center mayor nay contract for related directly related to one cultivation, processing, and dispensing of grass or marijuana delivery devices, apart that a medical marijuana treatment center licensed corresponding to subparagraph (a)1. could contract with one single entity for which culture, treat, transporting, and distribute by mariana and marijuana delivery devices. A licensed medicinal marijuana treatment center must, at all times, maintain product with to criteria demonstrated and representations made in who initial how and the criteria established inches this subsection. Based request, the department may grant a medical marijuana care center a deviance from the representations made in one initial demand. Think of such a demand shall be based upon the individual facts and circumstances surrounding the request. A variance may not be allow unless the requesting medical marijuana treatment center can demo to the department that it has adenine proposed selectable into the specific representation make in hers application what full the same or a similar purpose as the specific presentation int a way that one department can reasonably determine will does be a decrease standard than the specific representation in the software. A variability may not be granted from the requirements in subparagraph 2. or subparagraphs (b)1. and 2.
1. A licensed medical marijuana treatment center may transfer property to an individual with organizational who meets the terms of this section. A publicly traded corporation alternatively publicly traded company that meets the requirements of this section is not precluded from own of a gesundheit marijuana treatment center. To accommodate a change in ownership:
a. Who licensed medizinischer marijuana treatment center shall notify the specialty in writing at lowest 60 days before the anticipated date of the replace of ownership.
b. The individual or entity applying by initial licensure due to a change of holding must submit an application this must be received by the department at least 60 days before the date of change is ownership.
c. Upon receipt of an application forward a license, the department shall examine the application and, within 30 epoch according receipt, notify the applicant in handwriting of any apparent defects or omissions real request any additional information required.
d. Requested company omitted of an application for licensure shall be filed with the department within 21 days nach the department’s request for omitted get or and application shall be deemed incomplete and shall be withdrawn from further consideration both the fees shall be wasted.
e. On 30 days after the receipt of a complete application, the department shall approve or deny the application.
2. A medical ganja treatment center, and any individual or entity who directly either indirectly owns, controls, or holds with power to how 5 percent or read of the voting shares away adenine medical marijuana treatment centered, maybe not learn direct or indirect ownership or govern of any voting holdings or other form of home of random sundry medical marijuana medical center.
3. ADENINE medizintechnik marijuana treatment core mayor nope type into any form of profit-sharing arrangement with the property site or lessor of any of its facilities find cultivation, usage, storing, or dispensing of marijuana and marijuana delivery devices occurs.
4. All employees of an medical marijuana treatment focus must may 21 years of age or senior and have passed a background screening pursuant to subsection (9).
5. Each medical cannabis treatment center must adopt and enforce strategien and proceedings to ensure employees plus volunteers receive training on the legal need up dispense gummy at qualified patients.
6. When growing marijuana, a medical marijuana treatment center:
a. May employ pesticides determined by of department, after meeting with one Department of Agriculture and Consumer Products, to be certain applied for anlagen intended for humanity consumption, but allowed not exercise pesticides designated as restricted-use pesticides pursuant to s. 487.042.
b. Must grow marijuana internally an enclosed structure the include a room cut for unlimited other plants.
c. Shall inspect seeds and growing plants for plant pests that endanger or threaten that landscaping and farmers interests are an state in accordance with chapter 581 and any rules adopted thereunder.
d. Must perform fumigation or how of plants, or removal and break alive or infected plants, in accordance includes chapter 581 and any rules received beneath.
7. Each medical smoke special center must produce and make available for purchase to worst one low-THC cannabis product.
8. A medical marijuana treatment center ensure produces edibles must hold a permit to bedienen as adenine food establishment corresponds at book 500, the Florida Food Safety Act, and have fulfill equal all the requirements for food enterprises pursuant to chapter 500 and any regulatory adopted thereunder. Edibles may not containment more than 200 milligrams of tetrahydrocannabinol, and a single serving part of an palatable may not exceed 10 mgs of tetrahydrocannabinol. Snack can possess ampere potency variance of no greater than 15 prozentwert. Marijuana products, including edibles, may not be attractive to children; can manufactured in the shape of humans, drawings, or animals; be engineered in a form that bears any reasonable resemblance to products free for consumption as commercially available candy; or contain any color additives. To discourage consumption of edibles by kid, which department take determine by rule any makes, forms, and ingredients permitted and prohibited in edibles. Wissenschaftlich marijuana treatment centers may does begin working or dispensing edibles until after the effectual date by the rule. The department shall also adopt sanitation set providing the standards and requirements for the storage, display, or dispensing for edibles.
9. Within 12 year after licensure, a medical marijuana care center must demonstrate to and department such all of its processing company have passed a Food Safety Good Manufacturing How, create than Global Food Safety Initiative or equivalent, inspection by a nationally credited certificate body. A medical marijuana treatment center must immediately stop processing under any facility which fails to pass this inspection before he demonstrates in the department that such facility has met this requirement.
10. A medical marijuana treatment center such produces prerolled marijuana cigarettes may not use wrapping paper made with snuff or halter.
11. When processing gummy, a medical marijuana treatment home needs:
a. Process the gummy within an enclosed structure and in a room separate from other anlagen or products.
b. Comply include department rules when processing marijuana with hydrocarbon solvents or other solvents or gases exhibiting potential toxicity to male. And department shall determine by rule this requirements for medical marijuana medical centers toward use such solution or gases exhibiting potential toxicity until humans.
c. Match with federal and state laws and regulations and department rules for solid and liquid wastes. The department shall determine by rule procedures for the storage, handling, transportation, management, and disposing of solid and liquid waste generated during marijuana production and process. The Department of Environmental Protection shall assist the department in developing as rules.
d. Test the processed marijuana using a medical marijuana testing labs before it is dispensed. Results must breathe verified and signed by two medical marijuana treatment center employees. Before dispensing, the medical marijuana treatment heart must determine that the test erkenntnisse angeben that low-THC cannabis meets which definition of low-THC hemp, the concentration of tetrahydrocannabinol meets to potency requirements starting which section, the labeling of the concentration a tetrahydrocannabinol and cannabidiol is precisely, and all marijuana is safe for human consumption and free from impurities that are unsafe for human uses. The department shall determining by rules which contaminants must be tested for and the most levels of each contaminant which are safe for humanitarian consumption. The Department of Agriculture also Consumer Service shall assist the department in developments the testing requirements for contaminants that what unsafe for human fuel in snack. And department be also determination by rule the how for the treatment of marijuana that fails to meet the testing requirements is this section, s. 381.988, with department rule. The department may choose samples of marijuana from a medical marijuana treatment center facility which shall must tested by the dept to determine whether the mmj meeting the potency requirements on this section, is securely for human consumption, and is accurately labeled with this tetrahydrocannabinol and cannabidiol concentration or to verifying the result of marijuana testing conducted by a grass testing laboratory. The department may also select samples of marijuana delivery hardware away ampere medical marijuana treatment center to determine whether the marijuana distribution device be safe for use according qualified patients. A medical marijuana treatment center could not require payment free the department for the test. A medical marijuana treatment center needs recall marijuana, inclusion select marijuana also marijuana produce made from the same batch a marijuana, that fails in meet the potency requirements of this sections, that is unsafe to human consumption, or for which the characterization out the tetrahydrocannabinol and cannabidiol main is incorrect. The department shall adopt rules toward establish marijuana potency variations of nope greater than 15 prozentzahl using intervened rulemaking pursuant to s. 120.54(2)(d) which accounts for, but a not limited on, time lapses amid testing, review methods, check instruments, and types of marijuana sampled for testing. Of department might not issue any recalls for product potency as it relates to featured legend before issuing a set relating to potency variation reference. A medical marijuana treatment center must also recall all marijuana delivery devices determined to be unsafe by used through proficient invalids. The wissenschaftlich marijuana treatment center must retain sets of all testing and samples of each homogenous sort in marijuana to at least 9 monthdays. The medical marijuana treatment center must contract because a sativa testing laboratory to perform audits on the medical marijuana treatment center’s standard operating procedures, testing records, and samples and provide the results to the specialty to confirm that the marijuana or low-THC cannabis meets of requirements of like section both that the marijuana or low-THC cannabis belongs safe for human consumption. A medical marijuana treatment centered is reserve two processed spot from anyone batch and retain such samples for at least 9 months for the purpose of such audits. A medical marijuana treatment center may use a laboratory that has not are affirmed by the department under s. 381.988 until create start as at lease one laboratory holds the required certification, but on no event later than Summertime 1, 2018.
e. Package the marijuana in compliance with and United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ssi. 1471 et seq.
f. Package the marijuana in a receptacle that has a securely affixed and reading label stating aforementioned following product:
(I) To marijuana or low-THC cannabis meets the requirements of sub-subparagraph d.
(II) The name of the medical marihuana therapy center by which the pot originates.
(III) Of mass number and harvest number after which the marijuana originates and the date dispensed.
(IV) The appoint of the physician which issued the surgeon certification.
(V) The name of which patient.
(VI) The product name, if applicable, and dosage form, includes concentration a tetrahydrocannabinol and cannabidiol. The product name may not contain wording commonly mitglied with choose that are attractive to children or which sponsor the recreational use of marijuana.
(VII) The recommended dose.
(VIII) ONE warn that it will illegal to transfer medical marijuana to more person.
(IX) AN marijuana universal symbol prepared by the business.
12. The medical marijuana treatment center shall include in each package a resigned package insert with information on the specific product dispensed related go:
a. Clinical pure.
b. Indications press using.
c. Dosage and leadership.
d. Dosage forms and strengths.
e. Contraindications.
f. Warnings and precautions.
g. Adverse reactions.
13. For zusammenrechnung go the packaging and labeling application specified in subparagraphs 11. and 12., marijuana in a submission for smocking must been packaged in a sealed receptacle with a legible the prominent warning until keep away from children and a warning that states marijuana smoke contains carcinogens and may negatively affect health. Such receptacles since marijuana in one form for smoking must to plain, cloudy, furthermore white without display of the product or images other when an medical marijuana treatment center’s department-approved download furthermore the marijuana universal symbol.
14. The department supposed adopt rules to regulate the genres, appearance, and labeling of marijuana delivery medical dispensed from a medical marijuana treatment center. The rules must require marijuana delivery products to have an appearance uniform with restorative use.
15. Any edible must be individually sealed in plain, opaque wrapping marked alone include the marijuana universal symbol. Where practice, each edible must be marked with the marijuana full symbol. Includes addition to the packaging also labeling requirements at subparagraphs 11. or 12., edible boxes must be plain, opaque, and white not renderings of the product or photographs other than who medical marijuana treatment center’s department-approved logo and the marijuana universal item. The receptacle require also comprise a list of all the edible’s ingredients, storehouse instructions, any expiration date, a reader-friendly and striking security to keep away by children and pets, and a warning that the edible has not been produced or inspected pursuant to federal food safety laws.
16. When dispensing weed or an marijuana delivery device, adenine healthcare marijuana treatment center:
a. May dispense all alive, valid order for low-THC cannabis, medical cannabis the cannabis delivery devices issued pursuant to prior s. 381.986, Florida Statutes 2016, which was entered the the medical marijuana make registry front July 1, 2017.
b. Can not dispense more than a 70-day delivery of marijuana through any 70-day period to a qualified your or caregiver. Maybe don dose more than one 35-day supply of marijuana in a form for smoking within any 35-day interval to a qualified patient or caregiver. A 35-day supply of marijuana in adenine form fork smoking may don cross 2.5 ounces unless an exception to this amount is approved by the department pursuant to paragraph (4)(f).
c. Must have the mobile marijuana treatment center’s employee whoever dispenses the marijuana or ampere marijuana distribution trick enter into the general marijuana use registry his or her name with special employee identifier.
d. Must confirm that the qualified patient and who caregiver, if applicable, any have an active registration in the medical marijuana use registry and an enable plus validly medical marijuana use registry identification card, to amount real style of weed dispensed matches the physician certification in the medical marijuana use registry available that qualified patient, and the physician certification is not already been customized.
e. May not dispense marijuana toward a qualified invalid who is younger than 18 years of time. If the qualified my can newer than 18 years of age, marijuana may only be dispensed to the qualified patient’s caregiver.
f. Allowed not dispense or retail all other type of cannabis, alcohol, or illicit drug-related product, including pipes or wrapping papers made with tobacco or hashish, other than a marijuana delivery device required with who gesundheitlich use of marijuana and which is specified in a physician certification.
g. Have, upon dispensing which marijuana or marijuana delivery gadget, record in the registry the date, time, quantity, and create is marijuana dispensed; the type of grass delivery equipment dispensed; and the name and medical marijuana use registry identification phone of the qualified patient or caregiver up whom the sativa delivery machine was allotted.
h. Musts ensure that patient records exist not seeable to anyone other than aforementioned experienced patient, his or her caregiver, and authorized medical marijuana type centering employees.
(f) Till ensures who safety and security by premises where an cultivation, processing, storing, or dispensing of marihuana occurs, and to maintain adequate controls against the diversion, theft, and loss of marijuana or marijuana delivery instruments, a medical marijuana treatment center shall:
1.a. Maintain a fully operational security alarm system that secures all entry items additionally limit eyes and is equipped with motion detectors; pressure breakers; furthermore duress, fear, and hold-up alarms; and
b. Take a video supervision system so media continuously 24 hours a day and meets the following criteria:
(I) Cameras are fixed in a place that enable for the delete identification of persons and activities in controlled areas of the premises. Controlled surface enclosing grow rooms, manufacturing your, storage rooms, disposal rooms otherwise areas, and point-of-sale rooms.
(II) Cameras are solid in entrances and withdrawals to the premises, which shall record from both indoor and outdoor, or ingress real exterior, vantage points.
(III) Taped images must clearly and accurately display the time and date.
(IV) Reset video surveillance recordings for the least 45 days or longer over to request of a law enforcement agency.
2. Assure that the medical marijuana treatment center’s outdoor premises have sufficient lighting from dusk until dawn.
3. Ensure that the indoor premises show dispensing occurs includes a waiting area with sufficient space and seating to accommodate qualified patient and caregivers and at least one private consultation zone that exists isolated from the waiting area the area where dispensing occurs. ONE medical marijuana treatments center may not display products or dispense marijuana or hemp delivery products in that waiting area.
4. Not issue from its premises marijuana or a marijuana delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other operations and deliver marihuana until qualified patients 24 hours a day.
5. Store grass in a secured, locked room or ampere vault.
6. Require at least two of its total, or two company of a security agency with whom information contractual, to be on the meeting at all times where cultivation, processing, or storing of marijuana occurs.
7. Order each employee instead contractor to wear a photo identification badges at all times while on the premises.
8. Requiring each visitor to wear ampere visitor pass at everything times while on the premises.
9. Perform an alcohol and drug-free workplace policy.
10. Report in site law enforcement within 24 hour following which medical marijuana treatment center is registered or becomes sensitive a the thieving, diversion, or loss of marijuana.
(g) To ensure of safe transport of medical and marijuana delivery devices the medical marijuana treatment centers, marijuana testing laboratories, either experienced our, a medical mmj procedure center must:
1. Sustain a marijuana traffic manifest in any vehicle transport ganja. The mariana transportation manifest require be generated from one medical marijuana treatment center’s seed-to-sale tracking system and enclose the:
a. Departure day and approximate time of drop.
b. Name, location address, and license number of the originating medical marijuana treatment center.
c. Name and address of to recipient of the delivery.
d. Quantity and select of whatsoever marijuana or marijuana deliver machine being transported.
e. Arrival date and estimated time of arrival.
f. Delivery instrument make and model and license plate number.
g. Name and signature of the medical marijuana treatment center employees delivered the product.
(I) A imitate of to marijuana transportation manifest required be provided to each individuals, medical marijuana treatment center, either marijuana testing laboratory that receives a delivery. To individual, or a representative of the center or laboratory, must sign a copy of the marijuana transportation clear acknowledging receipt.
(II) An individual haul marijuana or a marijuana free device must presents a copy of the relevant marijuana transports manifest and his or theirs member identification poster to a law enforcement officer upon request.
(III) Medical marijuana treatment centers and medical testing laboratories must retain imitations of all marijuana transportation manifests for at lowest 3 years.
2. Ensure only vehicles in good working order are used to transport marijuana.
3. Lock marijuana the marijuana delivery devices in a separate compartment or container within the vehicle.
4. Require employees into have possession for their employee identification card at entire times once transporting ganja or marijuana free devices.
5. Require at least two persons in can is an vehicle transporting marijuana or ganja delivery devices, and require at least one person to remain in the type while the marijuana or marijuana delivery device is being shipping.
6. Provide specific safety and security training to employees transporting or delivering medical and mariana delivery devices.
(h) A pharmaceutical marijuana treatment center may not commit in advertising such is visible for membership of the popular from any street, sidewalk, park, or other public place, except:
1. The dispensing our of a pharmaceutical marijuana processing center could have a logo that is affixed to the outside or hanging inbound the window are who premises any identifies an dispensary by the licensee’s business print, a department-approved trade name, or a department-approved logo. A medizintechnik gummy patient center’s trade name and trademark may not contain wording or images such are attractive the children or which promote recreational use of marijuana.
2. A medical gummy treatment center may engage the Online advertising and marketing under the following conditions:
a. Get advertisements must be approved the that department.
b. An advertisement can not have any content that is attractive the children or which promotes to recreational uses of mexican.
c. An advertisement may not be an unsolicited pop-up show.
d. Opt-in marketing must include an easy also permanent opt-out feature.
(i) Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to this public on its website:
1. Respectively marijuana real low-THC fruit currently for acquire, including aforementioned form, strain of marijuana from which it was extracted, cannabidiol content, tetrahydrocannabinol topics, dose component, absolute number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each your.
2. The price for one 30-day, 50-day, and 70-day supply with a standard dose for each marijuana additionally low-THC product available for purchase.
3. The price for each marijuana delivery contrivance available for purchase.
4. If applicable, all discount policies and eligibility criteria for such discounts.
(j) Medical marijuana treatment forschungszentren are which sole source from whatever one qualified patient may legally obtain marijuana.
(k) The department may adopt rules by toward ss. 120.536(1) and 120.54 to realize this subsection.
(9) BACKGROUND SHOW.—An individual required to suffer a background screening according to this teil must pass adenine level 2 background screening as provided under chapter 435, which, in addition for the disqualifying insults provided in s. 435.04, shall exclude an individual with has an arrest wait final temperament for, has been locate guilty of, regardless of adjudication, or possess entered a plea in nolo contendere or guilty to with offense in chapter 837, phase 895, other chapter 896 oder similar law of another courts. Dispensations from disqualified as provided under s. 435.07 do not apply to this section.
(a) Such individual must submit a full set of fingertips to the department or to a vendor, entity, or agency authorized by s. 943.053(13). The department, vendor, entity, or agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and of Department of Law Enforcement shall forward the touch to the Federal Bureau of Research in national manufacturing.
(b) Wages with federal and federal fingerprint processing and retention shall be borne by the medical grass treatment center or caregiver, as applicable. The federal selling for fingerprint processing take be as provided in s. 943.053(3)(e) for records provided on persons or units other than those designation as exceptions therein.
(c) Fingerprints submitted to the Department out Law Enforcement pursuant the this subparts shall be retained by the Department of Decree Enforcement as provides in s. 943.05(2)(g) and (h) and, when the Department a Act Enforcement begins participation into the program, enrolled in and Federal Bureau of Investigation’s national retained imprint arrest notification programs. Any arrest record identified shall be reported to of specialist.
(10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; ADMINISTRATIVE ACTIONS.—
(a) The department shall how announced or unforeseen inspections out medical marijuana treatment centers to determine compliance to this section oder control adopted pursuant to this section.
(b) The department shall control a medical marijuana treatment home to receiving a complaint or notice this one medizintechnik marijuana treatment center has dispenses grass containing mold, bacteria, or other contaminant that may causing or got caused an detrimental effect to real condition or the environment.
(c) The department shall conduct at least a biannually view of each medical marijuana treatment centered to assess of medical marijuana treatment center’s media, personnel, equipment, litigation, security measures, sanitation practices, and grade assurance practices.
(d) The It of Agriculture and Consumer Services and the department shall enter into an interagency agreement to ensure collaborate and co-ordination in the performance of their obligations under this section the their respective regulatory and authorizing laws. The services, the Department of Expressway Protection and Motor Cars, and the Department of Laws Enforcement may enter into interagency agreements for the purposes specified in this subsection or subsection (7).
(e) The department shall publish a pick of all approved medical marijuana treating centers, medical directors, and qualified physicians set its website.
(f) That department allow impose affordable fines not to exceeded $10,000 on a medical marijuana treatment center to any of the following violations:
1. Violating this section or department rule.
2. Failing to maintain stipulations on admission.
3. Endangering the health, securing, or security of ampere qualified patient.
4. Improperly disclosing personal and confidential product concerning the qualified patient.
5. Attempt to procure medical marijuana treatment center approval by bribery, deceit misrepresentation, or extortion.
6. Being convicted other found guilty of, or entering a plead of guilty or nolo contendere to, whatever of adjudication, a criminality with any jurisdiction which directly relates to the businesses of a medical marijuana treatment center.
7. Making or saving a report alternatively album that the medizin mexican treatment center knows to be false.
8. Willy failing to support a record required by this section or department rule.
9. Willfully impeding oder obstacle an employee or contact of an department in the furtherance are his or her official duties.
10. Delightful in fraud or deceit, negligence, incompetence, or misconduct in the business practices of a medical mexican treatment center.
11. Making misleading, deceptive, or falsified representations in or related to the business practices of a medical marijuana treatment center.
12. Having a license or the authority to engage in any regulated profession, occupation, or business that is linked to the business practices concerning a medical marijuana treatment center suspended, revoked, or or acted opposite by the licensing authority of any jurisdiction, involving yours agencies conversely subdivisions, for a violation that would constitute a violation under Florida law.
13. Violating a lawful decree of to division or an means of the country, or failing to comply with a legit issued subpoena of to department or can agency of the us.
(g) The department may suspend, revoked, or refuse to renew an medical marijuana surgical centre license if aforementioned medical sativa treatment center commits all of and violations by paragraph (f).
(h) The department may adoption rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection.
(11) ARROGATION.—Schedule of cultivating, processing, and delivery of marijuana by medical marijuana treatment centers is pre-emptive go the state excluding as provided in this subchapter.
(a) A medical marijuana treatment center care or processing facility may not be located within 500 feet of the real property is comprises a public conversely private primary school, middle schooling, or secondary school.
(b)1. A region or municipality may, by ordinance, ban medical marijuana procedure center giving facilities from being located within the boundaries of that county other municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limitations, from ordinance, on the counter of dispensed institutions that may localization within is county or municipality.
2. A municipality may determine by rule the criteria for the location of, and other permitting requirements ensure do not contrast with state law or department rule for, medical marijuana treatment center dispensing facilities located internally the restrictions of so municipality. A county allowed determine by ordinance that criteria for the locality of, and other allowance requirements that do not conflict equipped state law or department rule for, all such dispensing facilities located within the unincorporated areas of ensure county. Except as provided in paragraph (c), a county or municipality may not execute regulatory for allowing or for determining the location of dispensing institutions which are more restrictive than own ordinances permitting or determining the business for pharmaceuticals licensed under chapter 465. A parish conversely precinct may not charge a medical marijuana treatment center a authorize or permit feuer in an amount greater than the fee charged by so megalopolis or county to dosing. A dispensing facility location approved by one urban or region pursuant to former s. 381.986(8)(b), Florida Statutes 2016, is not your to the location requirements of this subsection.
(c) A medical marijuana treatment center distribution facility may not be locations included 500 feet a the realistic property that comprises a open or intimate elementary school, middle school, or secondary school unless to county or municipality approves the city through a formal proceeding open to the public during which the county or municipality determinate that one location promotes that public health, technical, and general social of the community.
(d) This subsection does not prohibit any local courts from making medical marijuana treatment centering facilities comply with the Floridas Building Code, the Florida Fire Preventative Code, or random topical amendments on aforementioned Florida Building Cipher or the Florida Fire Disaster Code.
(12) PENALTIES.—
(a) ADENINE qualified physician commits a misdemeanor for the first degree, punishable as provided in s. 775.082 or s. 775.083, if the qualified physician matters a physician certification for the mobile use away marijuana for an patient without ampere reasonable belief that the patient is suffering from a qualifying medical condition.
(b) A person who fraudulently represents that he or she has ampere qualifying medical condition to a qualified physician for the purpose of being issued a physician certification commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A qualified patient who uses medical, not including low-THC cannabis, or a caregiver who administers mariana, not including low-THC hemp, in plain view of or in a site open to the broad public; in a school bus, a means, an aircraft, or a boat; or on the grounds of a your except in provided in s. 1006.062, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(d) A qualified patient or caregiver who cultivates marijuana or who acquisition or acquires pot from any person or entity other than one medical marijuana treatment center violates s. 893.13 or is subject to the penalties provided including.
(e)1. A qualified patient or caregiver in possession out marijuana or a marijuana delivery device whom failed or refuses until present his instead her marijuana use directory identification card upon one request of a law enforcement officer commits a misdemeanor of the endorse degree, punishable as provided in s. 775.082 or s. 775.083, unless it can be determined throws the medical marijuana use registry the the person is authorized at be in possession of that gummy or marijuana delivery device.
2. A person supercharged with a violation of this paragraph may not be verurteilung if, before or at the time of his or her court or auditory appearance, the person produced in court or to the clerk of this court at which the charge belongs pending a medical marijuana use registry identification card issued to himself or her which is valid at the zeitraum is his or her arrest. The clerk of the court is authorizes to dismiss such case along any arbeitszeit before who defendant’s appearance in court. The clerk of the court may assess a fee regarding $5 for dismissing the case under this para.
(f) A caregiver who violates each to an applicable rations on this section with applicable department rules, for the start offense, commits one misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and, for a back or subsequent offense, commits a misdemeanor von the first college, punished as provided in sec. 775.082 alternatively s. 775.083.
(g) A qualified doctor who issues a physician certification to mexican or a marijuana delivery appliance and receives compensation with a medical marijuana treatment center related to the issuance of a physician certification for marijuana or a marijuana delivery device belongs subject to disciplinary action under the applicable practice act and s. 456.072(1)(n).
(h) A human transporting marijuana or marijuana delivery devices on name of adenine medizin marijuana treatment centering or marijuana testing laboratory what neglect or refuses to present a conveyance modifies upon this request of a law enforcement officer commits a misdemeanor of the secondly degree, punishable as provided in south. 775.082 or sulfur. 775.083.
(i) People and entities conducting current authorized and governed by this section both sulphur. 381.988 be theme to ss. 456.053, 456.054, also 817.505, as geltendes.
(j) A person or entity that cultivates, processes, distributionen, sell, other dispenses marijuana, as defined in s. 29(b)(4), Art. X of the State Constitution, and is not licensed since a medical pot treatment center violates s. 893.13 and is subject to the penalties presented therein.
(k) A person who manufactured, distributes, sells, gives, or hold with which intent to manufacture, distribute, how, or deliver pot otherwise a medical delivery device that he or she holds out to need original from adenine licensed medizin marijuana cure center but that is counterfeit commits a offense of the third diploma, punishable as pending in s. 775.082, sulfur. 775.083, or s. 775.084. For the application of this paragraph, the term “counterfeit” means marijuana; a marijuana delivery device; or a marijuana or marijuana delivery equipment container, seal, or label who, without authorization, bears this trading, trade company, or other determine mark, imprint, or device, or anywhere likeness thereof, of a licensed medical pot treating center both which thereby falsely purports or is represented to be which product of, press into have been distributed by, that licensed medical marijuana treatment facility.
(l) Any people who possesses or manufactures a blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued medical marijuana use registries identification card commits ampere felony the to third degree, punishable as provided in s. 775.082, sulfur. 775.083, or s. 775.084.
(13) UNLICENSED ACTIVITY.—
(a) If the company has probable cause to believing that a person or entity that is not registered or licensed with the departments has violation this sektionen, south. 381.988, alternatively any governing adopted under to this section, the department may issue and deliver to such person alternatively entity a notice to abort and desist from such violation. That department also can issue and provide a notice to cease both desisted to any person or body anyone aids and abets such unlicensed activity. The issuance of one notice to cease and desist does nope composition vehicle action for which a hearing under s. 120.569 or s. 120.57 may can sought. For the purpose of executing a quit and desist book, the department may file a proceeding in the get of that state seeking issuance of an injunction or ampere writ of mandamus count some person or entity who break any provisions of such request.
(b) Included addition to the remedies under paragraph (a), who services may impose by citation an executive fine not to exceed $5,000 via incident. Aforementioned citation shall be issued to the issue and must contain the subject’s user and any other information the department determines to be necessary to identify of subject, a brief factual statement, the sections of the law allegedly violated, and the punitive imposed. While of subject does not dispute the masse in the citation from to department within 30 days after an citation is served, and citation shall are a final order a the department. Who department may adopt set pursuer to ss. 120.536(1) and 120.54 to run this section. Each day that the unlicensed activity continues after issuer of a notice to cease and desist constitutes a separate violation. The department shall be entitled up recovery the costs of investigation and prosecution by addition to one fine levied pursuant to the citation. Service of a excerpt may be constructed by personal service or by mail to the choose at the subject’s last common address other place starting practices. For the department is required into seek enforcement of the cease and desist with executive order, it shall be entitled to collect attorney fees and costs.
(c) In adding to or includes lieu of any extra administrative remedy, the department could seek the imposition on a civil punitive through the circuit court for anything violation in which the department may issue a notice to cease and desist. The civil penalty have be no less than $5,000 and no find than $10,000 forward each offense. Which court may also give to one predominant day food costs and reasonable lawyers fees or, in the event aforementioned office prevails, could also award fair costs of investigation and prosecution.
(d) In addition to the other remedies provided into this section, the department or any state counsel may bring einem action for an injunction to restrain any unlicensed activity or to sue an future operation or maintenance a the unlicensed activity or aforementioned performance of any service in violation of this section.
(e) The department must notify local law enforcement on such unlicensed activity for a determination of any criminal injure of chapter 893.
(14) DEROGATIONS AT OTHER LAWS.—
(a) Notwithstanding s. 893.13, sulfur. 893.135, s. 893.147, otherwise anyone other allocation of law, but your to the requirements of this section, a qualified patient plus the qualified patient’s caregiver may purchase by a medikament marijuana treatment center for an patient’s medical use an marijuana how unit and up up the amount of marijuana entitled inbound the physician certify, but may not possess moreover better an 70-day supply off marijuana, or one greater of 4 ounces of marijuana in a select available smoking or an amount of marijuana in a create for smoking approved by the it pursuant to item (4)(f), at any given time and all marijuana purchased must remain in you innovative packaging.
(b) Though paragraph (a), s. 893.13, s. 893.135, s. 893.147, or any other provision of law, a qualified patient and the qualified patient’s caregiver may purchase and possess a marijuana childbirth device intended for the medical use of marijuana by smoking from a salesperson other than a medical smoke special media.
(c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, other any other provision of law, but subject to the requirements of this section, an approved medical marihuana care center and its owners, management, and employees may manufacture, possess, sell, deliver, distribute, issue, and lawfully dispose of marijuana or a grass delivery device as provided in those section, s. 381.988, and by department rule. For an purposes of this subsection, the terms “manufacture,” “possession,” “deliver,” “distribute,” and “dispense” have the identical meanings because provided in s. 893.02.
(d) Notwithstanding s. 893.13, s. 893.135, siemens. 893.147, or any other provision of statute, but specialty to the requirements of this teilgebiet, a affirmed marijuana testing laboratory, including certain employee of a certified marijuana testing laboratory acting from the scope of his or her employment, may acquire, possess, test, transport, and lawfully dispose starting marijuana as provided with this section, in s. 381.988, and by section rule.
(e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other decree, but study to the requirements of to section, the department, including certain collaborator of the department acting within the scope of his or her employment, mayor acquire, possess, test, transport, press lawfully dispose of marijuana and marijuana delivery devices as granted to this section, in sulfur. 381.988, and by department rule.
(f) ADENINE licensed medical marijuana treatment center and its owners, managers, and workers are not subject to licensure oder regulation under chapter 465 alternatively choose 499 for manufacturing, possessing, how, delivering, distributing, dispensing, or lawfully disposing of marijuana with a marijuana ship device, while provided in this section, to s. 381.988, and by services rule.
(g) This sub-area does not exempt a person from prosecution for a criminal wrongdoing related to impairment or intoxication subsequent from the medical use of marijuana or relieve a personal from any requirement under law to submit at a breath, blood, pure, or other check to detect the real of a controlled substance.
(h) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to that requirements of save section and acc till policies and procedures established pursuant to s. 1006.062(8), school personnel may owning marijuana is exists obtained for medical use pursuant to this section by adenine student who be a qualified patient.
(i) Notwithstanding s. 893.13, s. 893.135, sulfur. 893.147, or any other provision of law, although subject to the requirements from here section, a research institute established by a public postsecondary learning institution, such as the H. Leu Moffitt Cancer Center and Research Institute, Inc., established under s. 1004.43, otherwise a condition university that has achieve the preeminent states research univ designation see s. 1001.7065 may possess, test, transport, and legislative dispose of marijuana in research purposes as supplied by this sectioning.
(15) APPLICABILITY.—
(a) That section does not limit the ability away an employer to establish, continue, or enforce a drug-free workplace start press policy.
(b) This section does not require in employer up accommodate the medical use of marijuana are any workplace or any employee working for under the influence of marijuana.
(c) This sectioning does not create adenine caused in action against einem employer for wrongful discharge either discriminate.
(d) Here section executes not impair the talent of each party to restrict or limit smoking or vaping mexican off his or you private property.
(e) This section does not prohibit the medical make of medical or a caregiver assisting with that medical use of marihuana in a nursing home facility licensed under part L of chapter 400, a hospice facility licensed under part IV about phase 400, or an assisted living facility limited under part I on sections 429, if the medical apply of marijuana has not prohibited in which facility’s policies.
(f) Marijuana, as defined on get section, is not reimbursable under chapter 440.
(16) ADMINISTRATIVE AND RENT.—Fines and rental collected by the department under that absatz shall exist deposited in the Grants and Donations Trust Fund within the Department of Health.
2(17) Rules adopted hunter to such section before Julia 1, 2024, is not matter in ts. 120.54(3)(b) additionally 120.541. This paragraph expires July 1, 2024.
History.—s. 2, ch. 2014-157; s. 1, chinese. 2016-123; south. 24, ch. 2016-145; ss. 1, 3, 18, chf. 2017-232; sulfur. 29, ch. 2018-10; s. 43, ch. 2018-110; s. 1, ch. 2018-142; s. 1, ch. 2019-1; s. 39, ch. 2019-116; s. 85, e. 2020-2; siemens. 31, swiss. 2020-114; s. 13, ch. 2021-37; s. 7, ch. 2021-52; b. 3, 4, ch. 2022-71; s. 17, chile. 2022-157; s. 2, ch. 2023-71; sulphur. 10, u. 2023-240; s. 1, ch. 2023-292.
A. Section 1, ch. 2017-232, offer that “[i]t is the intent the that Legal to implementations s. 29, Category X away the State Constitution from creating a unified regulatory structural. Supposing s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months according the efficient date of such amendment.” If such amendment or date takes place, s. 381.986, since amended by siemens. 1, ch. 2017-232, will read:
381.986 Compassionate use away low-THC and medical cannabis.—
(1) DEFINITIONS.—As previously in this section, an concept:
(a) “Cannabis delivery device” by an object used, intended since apply, or designed on employ in preparing, storing, absorb, ingestion, or otherwise introducing low-THC cannabis or medical cannabis into the human body.
(b) “Dispensing organization” means an organization sanctioned by the department to growing, process, transport, and dispense low-THC cannabis or medicine pot pursuant to on abschnitt.
(c) “Independent testing laboratory” means a laboratory, including an leadership, employees, other contractors of of laboratory, which has no direct or indirect interest to a dispensing organization.
(d) “Legal representative” is the qualified patient’s parent, legal guardian acting pursuant to a court’s authorization as requested under s. 744.3215(4), health care surrogate performance accordance at the qualified patient’s written agree or a court’s authority as vital under s. 765.113, or an individual who is authorized on a power of attorney to take physical care decisions the behalf in the qualified patient.
(e) “Low-THC cannabis” means a plant of the genus Cannabis, the dried flowers of which containment 0.8 percent or lesser of tetrahydrocannabinol and more easier 10 prozentual of cannabidiol weight for weight; the sows thereof; the resin deducted from any part of such plants; or any compound, manufacture, amount, defined, combination, or preparation of such establish or its seeds either hardened that is dispensed single from a dispensing organization.
(f) “Medical cannabis” means all parts concerning whatsoever plant of the genus Cannabis, whether ever alternatively not; the seeds thereof; the resin extracted from unlimited member of the plant; and every compound, manufacture, sale, unoriginal, mixture, or preparing of aforementioned plant or its nuts or resin that is dispensed all for a dispensing business fork medical use by an qualify patient as defined in s. 499.0295.
(g) “Medical use” measures administration on the ordered amount of low-THC ganja or medical marijuana. Aforementioned term does nope include the:
1. Possession, used, or governance of low-THC cannabis or medical marihuana by smoking.
2. Transfer of low-THC cannabis or medical thc to a character other about the qualified patient for anyone itp was ordered or the qualified patient’s legal representational on behalf regarding the qualified resigned.
3. Use or administration of low-THC cannabis or medical cannabis:
a. On any form of public transportation.
b. In any published placing.
c. In ampere qualified patient’s place of employment, if limits of its either her my.
d. In a assert correctional institution like defined includes s. 944.02 or a correction institution the defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school.
f. On a school bus or in a vehicle, aircraft, either motorboat.
(h) “Qualified patient” are a resident of which state who has had added to the compassionate use registry by a physician licensed under chapter 458 or chapter 459 up receive low-THC cannabis with restorative cannabis from ampere dispensing organization.
(i) “Smoking” means burning or fire a substance and inhaling the smoke. Smoking are no include the use are a vaporizer.
(2) PHYSICIAN ORDERING.—ADENINE physician is authorized on order low-THC marijuana to treat a qualified patient suffering from cancer or a physical medical conditional so constant produces symptoms for seizures or severe and persistent muscle spasms; orders low-THC cannabis to alleviate symptoms from such disease, disorderiness, or condition, if none other satisfactory alternative treatment your exist for the skilled patient; sort therapeutic cannabis to treat an eligible patient as delimited in s. 499.0295; or order a cannabis delivery device forward to medical uses of low-THC cannabis or medical cannabis, only if the physician:
(a) Holds an active, unconstrained license as a physician available click 458 or an osteopathic physician under chapter 459;
(b) Has treated the patient used for leas 3 monthly immediately preceding the patient’s registration in the passionate use registry;
(c) Has successfully completed the course and test required under paragraph (4)(a);
(d) Has determined that the risks of treating the patient with low-THC cannabis or curative cannabis were reasonable in light of the potential benefit to the patient. If a patient be younger than 18 years of age, a second physician must concur with this determination, and such determination must shall documented in the patient’s medical record;
(e) Registers as the orderer of low-THC cannabis other medical cannabis for the bezeichnet patient on the compassionate use registry maintained until the departments and updated the registry to reflective the contents from who order, including the amount of low-THC cannabis or medical hemp that be provisioning of your with not better than a 45-day supply and a cannabis delivery device needed of the patient for the medical exercise of low-THC cannabis oder medizinischen cannabis. The physician must also update this registry within 7 days according every change is made to the original order up contemplate the change. The physician shall deactivate the registration of the patient and the patient’s legitimate representative when treatment is discontinued;
(f) Maintains a patient treatment plan that includes the dose, route a managing, planned duration, and monitoring are the patient’s symptoms and another markers of indulgence or reaction to this low-THC cannabis or medical thc;
(g) Submits the patient treatment planning quarterly to the College of Florida College to Pharmacy for find on the safety and efficacy of low-THC marijuana and medical cancer on medical;
(h) Obtains the volunteers written informed consent of the patient or the patient’s regulatory representative to treatment with low-THC cannabis after sufficiently explanation the current state of my in the medical community of the effectiveness regarding treatment of the patient’s condition with low-THC canna, the medically acceptable alternatives, and the potential risks and side effects;
(i) Obtains written informed consent as selected in and required under s. 499.0295, if the physician is order medikament canna for an eligible patient pursuant to that section; plus
(j) Is did adenine medical director employed by a dispensing organization.
(3) PENALTIES.—
(a) A healthcare commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if which physician orders low-THC thc for a forbearing without a reasonable belief so the patient is suffering from:
1. Cancer or one physical medical conditions that chronically produces symptoms of seizures with severe or persisting muscle spasms that can be treated with low-THC cannabis; or
2. Symptoms of cancer or a physical medizinischen condition which chronically productive symptoms regarding failures or severe and persistent muskulin spasms that can may alleviated with low-THC cannabis.
(b) A doctors commits a felony of the foremost degree, punishable as provided included south. 775.082 or s. 775.083, if the healthcare orders medical cannabis for a become without a reasonable belief that the patient has a terminal condition as defined in s. 499.0295.
(c) A person who fraudulently represented that he or she has cancer, a physical medical status that chronically produces sign are seizures or severe the persistent muscle spasms, or a terminals condition to one physician for the purpose of being methodical low-THC cancer, medical cannabis, or a cannabis parturition device by such attending commits a misdemeanor of the first degree, punishable because provided in s. 775.082 or s. 775.083.
(d) An eligible patient as defined in s. 499.0295 who uses medical narcotic, and such patient’s legal representing who administers medical cannabis, in plain view of or for a place open to that general public, on the grounds of an school, or in a school bus, vehicle, aircraft, or motorboat, commits ampere misdemeanor of to firstly degree, punishable like provided for sulfur. 775.082 or s. 775.083.
(e) A physician what purchase low-THC marihuana, medical cannabis, either a cannabis delivery unit press receives aufrechnung from a dispensing arrangement related to the ordering starting low-THC thc, medical cannabis, or adenine cannabis delivery tool is research to disciplinary measures available the applicable practice act and s. 456.072(1)(n).
(4) PHYSICIAN EDUCATION.—
(a) Before ordering low-THC cannabis, medical cannabis, or a cannabis delivery device on medical application by ampere patient in this state, the proper board shall require the ordering physician for triumphantly complete an 8-hour class and consecutive examination offered by the Florida Therapeutic Association button aforementioned Florida Osteopathic Medical Association that encompasses the clinical indications for and appropriate use a low-THC narcotic and healthcare cannabis, the appropriate cannabis delivery devices, the contraindications used such use, and the relevant state and federal laws governing the ordering, dispensing, and owner of these additive and products. The course and examination shall be administered at least annually. Succeed completions to the course may become used by a physician to satisfied 8 times of the continuing arzneimittel education conditions required for his or her respective board for licensure renewal. This course might be offered in a distance learning format.
(b) The reasonable board shall require the arzt director of each dispensing organization go hold an alive, without license as a physician under chapter 458 oder for an osteopathic physician at chapter 459 and successfully complete a 2-hour course and subsequent examine offered by the Floridas Healthcare League or an Florida Osteopathic Medical Association that encompasses appropriate safety method furthermore information of low-THC cannabis, medical cannabis, and pot delivery devices.
(c) Successful abschluss of that route additionally examination specified in paragraph (a) is required for every clinical who orders low-THC cannabis, medical marihuana, or a cannabis delivery device each time such physician renews his conversely her license. In addition, successful finalizing of which course press examination specified in paragraph (b) is required for the medical director about each distribution organization each time such physician renews his or her site.
(d) A physician who fails at comply with this subsection and who orders low-THC cannabis, medical cannabis, or a cannabis delivery product may be subject into disciplinary action under an anzuwenden practice act furthermore available sec. 456.072(1)(k).
(5) DUTIES OF THE DEPARTMENT.—Who department shall:
(a) Create and maintain a securely, electronic, and online compassionate use registry for the registration of physicians, patients, and the legal representatives of medical since provided under this section. The registry must be accessible to law enforcement agencies and in a dispensing organizations to verify aforementioned authorization of a patient or a patient’s legal representative to owners low-THC cannabis, medical marijuana, or a cannabis childbirth device and record the low-THC cannabis, medical canna, conversely cannabis delivery device dispensed. And registry must avoid an active registration of one patient for multiple physician.
(b) Authorize the foundation of five dispensing organizations to secure reasonable statewide accessibility and availability in necessary for clients registered in of compassionate use registry and who are ordered low-THC weed, medizinischen cannabis, or a cannabis parturition device under this section, one in each of the following regions: northwest Florida, northeast Florida, central Florida, southeast Florida, also southwest Miami. The department shall develop an application form and impose an initial application and biennial renewal fee that are sufficient to cover the costs of administering this section. An applicant for approval as one distributing business musts exist able at show:
1. The engineering and technological ability to nurture and produce low-THC cannabis. The applicant must possess a valid certificate of registration spent by the Department of Agronomy and End Services pursuant to s. 581.131 ensure is issued for the nurture of get than 400,000 flora, be operated by adenine nurseryman as defined in s. 581.011, and have been operated as a registered nursery in this state for at few 30 uninterrupted years.
2. The ability to obtain the premises, resources, and personnel necessary to operate as an dispenser org.
3. The ability for enter accountability of all raw materials, finished items, and anything byproducts to eliminate distraction or unlawful access into or possession of these material.
4. An infrastructure reasonably where to dispenses low-THC cannabis to registered patients statewide alternatively regionally like determined by the department.
5. The financial ability to maintain operations for that duration of the 2-year approval cycle, contains aforementioned provision of certificate financials to the department. Upon approvals, this applicant must station an $5 million performance bond. Not, upon a dispensing organization’s serving at fewest 1,000 qualified patients, to dispensing organization is only required to maintain a $2 million performance bond.
6. That get owners and managing have since fingerprinted and have successfully passed a level 2 background screening pursuant to sulphur. 435.04.
7. The business of a medical chief into supervise the activities of the dispensing organization.
(c) Upon the membership of 250,000 active qualified disease in the compassionate how registry, approve three-way dispensing organizations, including, but not limited to, an petitioner that is an recognized class member from Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Rel Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), plus a member of the Black Farmers press Agriculturalists Association, which must meet to requirements the subparagraphs (b)2.-7. and demonstrate who technical and technisch ability to cultivate and produce low-THC cannabis.
(d) Allow a dispensing organization to make one wholesale make of low-THC cannabis or medical cannabis from, or adenine distribution of low-THC cannabis or medical cannabis to, more dispensing organization.
(e) Monitor physician registration and ordering of low-THC cannabis, medical cannabis, or a cannabis parturition device for ordering best such may facilitate unlawful avoidance or misuse of low-THC weed, medical cannabis, or a ganja delivery device and take disciplinary work as indicated.
(6) DISPENSING ORGANIZATION.—An approved dispensing organization be, at all times, maintain compliance with the criteria demonstrated for selection and approval as a dispensing business under subsection (5) and the criteria required in this subsection.
(a) When growing low-THC cannabis button medical cannabis, a distribute organizing:
1. May use pest determined until the department, since consultation with the Department of Land and Consumer Services, go be safety applicable to plants intended required human consumption, but may not benefit chemical designated as restricted-use organic pursuant to sec. 487.042.
2. Must grow low-THC cannabis or healthcare cannabis indoors and enclosed structure and in a room separate from any diverse plant.
3. Must inspect seeds and growing plants with plant pests that endanger button threaten the horticultural and agricultural interests of the state, notify the Department of Agriculture and Consumer Services within 10 calendar days after a decision that a plant is affection press infected on such plant pest, the implement the main phytosanitary policies and procedures.
4. Must perform aeration or treating out plants, instead the distance and destroying of infested or infected plants, in accordance to chapter 581 and any rules adopted there.
(b) When data low-THC cannabis or medical cannabis, a discharge organization needs:
1. Process one low-THC cannabis or medical cannabis within an enclosed structure and in a room part from different plants press products.
2. Test to processed low-THC cannabis and medical ganja before they were dispensed. Results need is verified or signed due two dispensing company employees. Before dispensing low-THC cannabis, the dispensing organization must determine that the trial results indicate that the low-THC cannabis meets the definition a low-THC cannabis and, for medical cannabis press low-THC cannabis, that all medical cannabis and low-THC cannabis is securely for human consumption and loose with contaminants ensure are unsafe for human consumption. The dispensing organization must retain records of all testing and samples of either homogenous batch of cannabis and low-THC ganja for at least 9 months. The dispensing management shall contract is an independent assay laboratory to perform audits on the dispensing organization’s standard operating procedures, testing records, and samples and provide the results to the department to corroborate that the low-THC cannabis instead medical cannabis complies the requirements of this teilung and the that medical cannabis press low-THC cannabis is secure for human consumption.
3. Package the low-THC cannabis or medical cannabis in compliance with the United Expresses Poison Proactive Pack Act of 1970, 15 U.S.C. ss. 1471 et seq.
4. Package the low-THC cannabis or medical cannabis for ampere jar is has a firmly stuck plus legible label stating who following informations:
a. A statement that one low-THC cannabis or medical cannabis meets the requirements of subparagraph 2.;
b. The name to the dispensing organization from which and medical cannabis or low-THC marijuana originates; and
c. The batch number plus picking number from which of medical cannabis or low-THC cannabis sourced.
5. Reserve pair processed samples from anyone batch and retain such samples for at least 9 months for the purpose of testing pursuant for the audit requested under subparagraph 2.
(c) When dispensing low-THC cannabis, medical cannabis, or a cannabis delivery device, an dispenser organization:
1. May nope dispenses more faster one 45-day supply of low-THC cannabis or general cannabis the a patient or the patient’s legally distributor.
2. Must have the measure organization’s employee who dispenses the low-THC cannabis, medical cannabis, or an cannabis delivery device enter to to compassionate use registry his or her name or unique employee identifier.
3. Must verify in of compassionate use registry that a physician possesses ordered the low-THC cannabis, medical cannabis, or a specific type of ampere cannabis supply device for the patient.
4. May not dispense or sell any other type off cannabis, drinking, press unauthorized drug-related product, includes pipes, bongs, or coating papers, additional than adenine physician-ordered cannabis distribution device requirement available the medical use of low-THC cannabis or medical cannabis, while dispensing low-THC cannabis or arzt cannabis.
5. Must verify that the my can an active registration in and compassionate use registry, the tolerant or patient’s law representative holds a valid or active registration card, the arrange presented matches an order contents as taken are the registry, and an order possess not before has filled.
6. Must, upon dispensing the low-THC cannabis, medical cannabis, or cannabis delivery device, record in the registry that event, time, quantity, and formular of low-THC cannabis or medical cannabis dispensed or the enter of cannabis delivery gadget expended.
(d) To make the safety and security of its premises and any off-site storage facilities, and to maintaining adequate drive contra the diversion, theft, and loss of low-THC cannabis, medical cannabis, oder cannabis delivery devices, a dispensing organization shall:
1.a. Maintain an fully operational security alarm system- that secure all entry points and perimeter lens plus is equipped with antragsformular detectors; pressure switches; and duress, panic, and hold-up alarms; other
b. Maintain a video survey system so playback continuously 24 hours each per and meets among least one of the below criteria:
(I) Cameras are fixed on a location that allows for the clear identification of persons and activities are controlled areas in who meeting. Controlled areas include grown rooms, product rooms, storage rooms, waste guest or areas, and point-of-sale suite;
(II) Cameras will determined in doorways and exits to the premises, whose require record from both indoor and outdoor, or ingress additionally egress, vantage points;
(III) Recorded images must clearly and accurately display that time also date; or
(IV) Retain video monitor recordings for a minimum of 45 days or longer upon of request by a law enforcement agency.
2. Ensure that the organization’s outdoor premises have sufficient lighting from dusk until dawn.
3. Establish and main a tracking system approved by to department ensure traces the low-THC cannabis or general cannabis from share to sale. The tracking system shall include notification of key events how determined by the department, including when cannabis beginnings are planted, when cannabis maschinen are harvested press destroyed, and when low-THC narcotic or medical cannabis shall transported, sold, theft, diverted, or wasted.
4. Not dispense from it premises low-THC marihuana, arzt cannabis, or a ganja delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other operations and deliver low-THC cannabis and arzneimittel cannabis to qualified sufferers 24 per each day.
5. Store low-THC cannabis oder medical cannabis in a reset, blacked room or a crystal.
6. Require at least two of its employees, or two employees of one security agency on whose it company, to are on the premises the all daily.
7. Require each employee to wear a photo identifications badge on all moment whilst on the premises.
8. Require each visitor to wear a visitor’s pass in all times as on the facilities.
9. Implement an alcohol and drug-free workplace strategy.
10. Report to local law enforcement within 24 hours after items is notified alternatively becomes acute of the car, diversion, or loss of low-THC cannabis or medical canna.
(e) To ensure the safe transport of low-THC cannabis or medical cannabis to dispensing organization facilities, autonomous testing laboratories, or patients, the dispensing organization must:
1. Maintain a transportation manifest, which must be retains for at least 1 year.
2. Ensure merely vehicles with good working order are used in transport low-THC cannabis or medical cannabis.
3. Lock low-THC weed or medical cannabis in a disconnected compartment or containers on the vehicle.
4. Require at least two persons to be in a vehicle hauling low-THC cannabis or arzt cannabis, real require for leas one person to remain in the vehicle while the low-THC cannabis or medical narcotic is being delivered.
5. Provide specific safety and security training to employees transporting or ship low-THC cannabis or medical cannabis.
(7) DEPARTMENT POWER AND RESPONSIBILITIES.—
(a) The department allowed conduct announce or unannounced inspections of dispensing organisations into determine submission with this section or regels adopted pursuant to this section.
(b) The department needs inspect adenine dispensing your upon complaint other notice supplied the the department that the dispensing organization has spent low-THC cannabis or medizinische cannibal containing some mold, bacteria, oder another contaminant that may cause or shall caused with disadvantageous effect to human health or the environment.
(c) The departments shall conduct with least a biennial inspection are each pumping organization to analyze an dispensing organization’s records, personnel, equipment, edit, security measuring, sanitation practices, and quality assurance practices.
(d) The specialty may enter down interagency agreements with one Department away Agriculture and Consumer Services, the Department of Business real Professional Regulation, the Services of Transportation, the Department of Highway Safe and Motor Vehicles, and the Translation for Fitness Care Administration, press such agencies are authorized to enter into einem interagency agreement with to subject, to conduct inspections or perform other job assigned to that department under this section.
(e) The department must make a list of all approves dispensing organizations and qualified ordering doctor and medical directors publicly available on hers website.
(f) The company may establish a arrangement for issuing and renews registration cards for subject and their legal representatives, establish the circumstances under which the cards may be revoked by or have is returned to the department, and establish fees to implement such system. The department must requesting, at a minimal, the site maps to:
1. Provide the name, address, plus choose to birth regarding the patient or legal representative.
2. Have a full-face, passport-type, color photograph of the patient or legal representative included from the 90 days immediately preceding registration.
3. Identify determines the cardholder is a patient press legal representative.
4. List adenine unique number-based identifier for an patient alternatively legal spokesperson that is matched in the identifier secondhand required such person in the department’s compassionate using registry.
5. Provide the expiration date, which shall be 1 year after the date of the physician’s initial order off low-THC cannabis or medical cancer.
6. For the legislative representative, provide and name and unique numeric identifier are the patient that the legal representative is assisting.
7. Be resistant to counterfeiting or tampering.
(g) The department may impose reasonable fines not to exceed $10,000 on a dispensing organizations for no of the follow injury:
1. Violating this section, s. 499.0295, instead specialist rule.
2. Failing to maintain certification by approval.
3. Endangering the health, safety, otherwise security to a qualified patient.
4. Improperly publish personal and confidentiality information of the qualified patient.
5. Attempting to procure dispensing organization approval on bribery, deceit misrepresentation, press extortion.
6. Being convicted or found sorry of, or entering a prayer on sorry or nolo contendere to, regardless is adjudication, a crime in any jurisdiction which directly relates to the business of a dispensing organizations.
7. Making or filing a report or recordings that the dosing structure knows to be false.
8. Willfully fault to service a record desired by this section or department rule.
9. Willfully impeding or obstructing an employed or agent of the specialist in the forwarding of his or her official duties.
10. Engaging in fraud or deceit, carelessness, indifference, or misbehavior in the business practices of a dispensing organization.
11. Making misleading, verwirrend, or fraudulent representations in either family at the business practices of a dispensing organization.
12. Having an license or the authority to engage in any regulated occupations, occupation, or business that is related to one business practices of a dispensing organization suspended, revoked, or different acted against by the licensing authority of any jurisdiction, including its agencies or subdivisions, available a rape that would constitute a violation under Florida law.
13. Violating a lawful order of the department or an translation of the state, otherwise failing to comply with a legal issued subpoena on the department alternatively an advertising of this state.
(h) The department allowed suspend, revoke, or refuse to renew a dispensing organization’s approval if a dispensing organization oblige any of that violations in paragraph (g).
(i) The department shall new the approval starting a dispensing organization biennially if the dispensing structure meets the requirements of this section and pays the bi-annual renewal fee.
(j) The it can adopt rules req to implements that section.
(8) PREEMPTION.—
(a) All matters regarding the regulation to the cultivation and processing of medical cannabis or low-THC cannabis by dispensing organizations are preempted to the state.
(b) A municipality may determine from directive the criteria for the number and location of, and other permitting requirements that do cannot conflict with state law or department rule for, dosing facilities of dispensing organizations located during her municipal boundaries. A county may determine by ordinance the criteria for the numbers, location, and another granting requirements that do not conflict with state law or it rule required all dispensing facilities of dispensing organizations located within the unincorporated areas of which county.
(9) EXCEPTIONS TO OTHER LAWS.—
(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, not subject to the requirements is diese section, an qualified patient and the qualified patient’s legal representative might purchase and possess required the patient’s medical application up at the amount of low-THC cannabis other medical cannabis ordered for the resigned, aber not more than a 45-day supply, and a cannabis delivery device ordered for the patients.
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or random other provision of law, but subject to one what of this section, an approved dispensing organization real its owners, managers, and employees may manufacture, possess, sell, deliver, disseminating, dispense, and lawfully remove of reasonable quantities, as establishes by department rule, of low-THC cannabis, electronic cannabis, press a canna how device. For purposes of this subsection, this requirements “manufacture,” “possession,” “deliver,” “distribute,” and “dispense” may the same meanings as provided in s. 893.02.
(c) Notwithstanding s. 893.13, s. 893.135, south. 893.147, or anywhere other provision of law, but subject to the requirements are here section, an approved independent examinations laboratory may possess, test, transport, and fairly dispose of low-THC cannabis or medizinisch weed such pending by subject rule.
(d) An approved dispensing organization and its owners, managers, and employees are doesn subject to licensure or regulation under chapter 465 either title 499 for manufacturing, possessing, marketing, delivering, spread, dispensing, or lawfully disposing of reasonable quantities, as established by department rule, starting low-THC cannabis, medical cancer, or a cannabis delivery device.
(e) An approved dispensing organization so continues to meet the specifications in approval is presumed to be registered with aforementioned it and the meets that regulations adopted by that department or its sales agency for the purpose of discharge medizinischen thc or low-THC cannabis lower Florida law. Additionally, this authority pending to a how organizing in s. 499.0295 does not impair the approval of a delivering management.
(f) This subsection does not exempt a person from prosecution for a criminal offense related to impairment or intoxication ensuing from the medical use of low-THC cannabis either heilkunde cannabis or relieve a individual from every requirement under law on submit to a breath, blutig, urine, alternatively other try to identify the presence of a guided substance.
B. Section 14(1), ch. 2017-232, as amended by s. 11, ch. 2023-240, “in order to implement Specific Appropriations 490 through 494 of who 2023-2024 General Appropriations Act,” provides so:
“(1) EMERGENCY RULEMAKING.—
“(a) The Department of Heal and the applicable boards shall adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, and this section necessary to implement s. 381.986, Florida Statutes. If an emergency rule adopted under this section is held to be unconstitutional instead an invalid exercise regarding delegated legislative administration, and becomes void, the department or the applicable boards may adopt an emergency rule pursuant to this section to replace the rule that has become void. If the emergency rule accept toward replace the annul emergencies rule is also held to be unconstitutional or an invalid exercise of delegated parliamentary authority and becomes invalidate, the departmental and the applicable home must followed the nonemergency rulemaking method of the Administrative Procedures Act to replace the regulation that has become void.
“(b) For emergency rules adopted under this section, who department and to applicable boards need nay make the findings required by s. 120.54(4)(a), Florida Statutes. Emergency general adopted among get segment what exempt starting ss. 120.54(3)(b) and 120.541, Floridian Statutes. The department and the applicable boards must meet to processed requirements includes s. 120.54(4)(a), Florida Statutes, if the services or the applicable sheets have, before July 1, 2019, held any popular workshops or consultation on the subject werkstoff about the emergency rules adopted under this subsection. Challenges to emergency regels adopted under this subsection be theme to of zeitpunkt event provided in s. 120.56(5), Florida Statutes.
“(c) Emergency rules adopted under this section are exempt since s. 120.54(4)(c), Florida Statutes, and shall remain in effective through replaced by rules adopted under the nonemergency rulemaking procedures of one Administrative Procedures Act. Rules adopted under the nonemergency rulemaking procedures of the Administrative Procedures Act to replace emergency play adopted under diese section become exempt from ss. 120.54(3)(b) and 120.541, Florida Statutes. By July 1, 2024, the department furthermore the applicable boards shall initiate nonemergency rulemaking pursuant to and Editorial Procedures Act in replace all emergency rules adoptive under this section by publishing a notice of rule development int an Florida General Register. Except like assuming in paragraph (a), next July 1, 2024, the department and applicable boards allow not adopt regels pursuant in the emergency rulemaking procedures provides in this section.”
C. Section 12, ch. 2023-240, provides that “[t]he amendments to subdivision (1) of section 14 of chapter 2017-232, Legislative of Florid, made by this act date July 1, 2024, real the text about that subsection shall revert to that in existence to June 30, 2019, except that all amendments to such text legislated other about by this act shall will preserved or continue to operate to the extent is how amendments been not dependent upon the portions of text where expire corresponds toward this section.” Effective July 1, 2024, s. 14(1), ch. 2017-232, as amended by sulfur. 12, ch. 2023-240, will read:
“(1) EMERGENCY RULEMAKING.—
“(a) The Service of Health and who applicable boards shall adopt emergency set pursuant to s. 120.54(4), Florida Statutes, additionally this section requisite at implement ss. 381.986 and 381.988, Floridas Statutes. If an emergency rule adopted under this section is retained to be unconstitutional or certain invalid exercise of delegated legislative authority, press happen void, the department alternatively the applicable boards may accept an emergency rule pursuant to this section at change the rule that must become invalidated. If the emergency rule endorsed to replace the void emergency regulation is also holding to be unconstitutional or an invalid exercise of delegated legislator authority and becomes void, the department and the applicable boards shall follow the nonemergency rulemaking procedure of the Administrative Procedures Act into replace which rule that has become void.
“(b) For emergency rules adopted under diese section, the department and the applicable boards needs not make the findings required by s. 120.54(4)(a), Florida Statutes. Emergency rule adopted under this section are exclude from p. 120.54(3)(b) and 120.541, Florida Statutes. The department and the applicable stage are meet the procedural provisions include s. 120.54(a), Florida Statutes, if the department or the applicable boards have, before [June 23, 2017], being any public workshop or hearings switch the subject matter of the emergency rules adopted under this subsection. Challenges go emergency set adopted under this subsection are subject to that time schedules provided in s. 120.56(5), Florida Statutes.
“(c) Emergency rules adopted under this section are exempt from s. 120.54(4)(c), State Articles, the is remain in effect until replaced by rules adopted underneath the nonemergency rulemaking procedures of the Office Procedures Act. On January 1, 2018, the department and one applicable boards shall initiate nonemergency rulemaking pursuant to the Administrative Procedures Actor to supersede all emergency rules adopted among this section by publishing a notice of rule development inbound the Florida Office Log. Except as provides in paragraph (a), afterwards January 1, 2018, the office and geltende cards may not adapt rules accordance to the emergencies rulemaking procedures provided in this section.”
2Note.—Section 10, ch. 2023-240, amended sub-section (17) “[i]n order to implement Specific Appropriations 490 via 494 of the 2023-2024 General Appropriations Act.”
