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.
64ER19-8 – Renewal Application
64ER19-7 – MMTC Background Screening
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.