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Florida’s Department of Health/Office of Medical Marijuana Use Issues Emergency Rules and Notices of Rulemaking

In December 2019 the Florida Department of Health took a significant step forward in the regulation of Medical Marijuana Treatment Centers (MMTCs) by issuing notices of proposed rules and rule development for a variety of long-awaited regulations. Emergency rules were also noticed for MMTC Renewal Applications and Background Screening. Emergency rules may be adopted if an agency finds there is an immediate danger to the public health, safety, or welfare, and are effective for 90 days while an agency undertakes the rulemaking process. Agency rulemaking is subject to challenge under Florida’s Administrative Procedures Act, which could mean delayed implementation. Links to the notices of proposed rules and rule development are provided below.

Emergency Rules

64ER19-8 – Renewal Application

64ER19-7 – MMTC Background Screening

Proposed Rules

64-4.001 – Definitions

64.4.202 – MMTC Inspection Procedures

64-4.207 – Marijuana Waste Management and Disposal

64-4.208 – Background Screening

64-4.210 – Fines, Suspension, and Revocation

64-4.300 – Certified Marijuana Testing Lab

Notice of Rule Development

64-4.201 – Renewal Applications for MMTCs

64-4.205 – Edible Products

64-4.206 – Packaging and Labeling

64-4.209 – Solvent-Based Extraction

64-4.211 – Supplemental Licensure Fee

Greenberg Traurig’s administrative and regulatory attorneys in the Tallahassee office are an experienced, multidisciplinary legal team with deep Florida roots. For more than 40 years, our administrative attorneys and government-policy professionals have worked at the intersection of Florida business, government, and law. We practice regularly before state agencies, handling state procurement, contracting, administrative litigation (including bid protests), and health care issues. Greenberg Traurig has been involved in the legislative and regulatory process since 2014, including as to the initial Compassionate Medical Cannabis Act, the enactment of section 381.986, Florida Statutes, the revision, the 2016 Right to Try Act, the constitutional amendment, and the promulgation and development of the current administrative regulatory structure contained within Chapter 64-4, Fla. Administrative Code, as well as in litigation concerning licensure and regulatory challenges involving MMTCs.