Legal Capacity

Marijuana is legal for Medicinal Use

Hemp and CBD are legal for sale

Regulatory Agency

Department of Health
Office of Medical Marijuana Use
4052 Bald Cypress Way, Bin M-01
Tallahassee, FL 32399
1-800-808-9580
Email: [email protected]

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*Please note that this resources page contains only the security compliance requirements relevant to a cannabis or marijuana business in Florida. The entire set of regulatory requirements and standards for operational protocols have been removed to focus exclusively on the security compliance aspects. 

Security Requirements

Florida Annotated Statutes  >  Title XXIX. Public health (Chs. 381 — 408)  >  Chapter 381. Public health: general provisions (§§ 381.001 — 381.989)
§ 381.986. Medical use of marijuana.  [Effective until July 2, 2020]

(8) Medical marijuana treatment centers.

(f)  To ensure the safety and security of premises where the cultivation, processing, storing, or dispensing of marijuana occurs, and to maintain adequate controls against the diversion, theft, and loss of marijuana or marijuana delivery devices, a medical marijuana treatment center shall:

  1. Maintain a fully operational security alarm system that secures all entry points and perimeter windows and is equipped with motion detectors; pressure switches; and duress, panic, and hold-up alarms; and
  2. Maintain a video surveillance system that records continuously 24 hours a day and meets the following criteria:

(I)  Cameras are fixed in a place that allows for the clear identification of persons and activities in controlled areas of the premises. Controlled areas include grow rooms, processing rooms, storage rooms, disposal rooms or areas, and point-of-sale rooms.

(II)  Cameras are fixed in entrances and exits to the premises, which shall record from both indoor and outdoor, or ingress and egress, vantage points.

(III)  Recorded images must clearly and accurately display the time and date.

(IV)  Retain video surveillance recordings for at least 45 days or longer upon the request of a law enforcement agency.

  1. Ensure that the medical marijuana treatment center’s outdoor premises have sufficient lighting from dusk until dawn.
  2. Ensure that the indoor premises where dispensing occurs includes a waiting area with sufficient space and seating to accommodate qualified patients and caregivers and at least one private consultation area that is isolated from the waiting area and area where dispensing occurs. A medical marijuana treatment center may not display products or dispense marijuana or marijuana delivery devices in the waiting area.
  3. Not dispense 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 marijuana to qualified patients 24 hours a day.
  4. Store marijuana in a secured, locked room or a vault.
  5. Require at least two of its employees, or two employees of a security agency with whom it contracts, to be on the premises at all times where cultivation, processing, or storing of marijuana occurs.
  6. Require each employee or contractor to wear a photo identification badge at all times while on the premises.
  7. Require each visitor to wear a visitor pass at all times while on the premises.
  8. Implement an alcohol and drug-free workplace policy.
  9. Report to local law enforcement within 24 hours after the medical marijuana treatment center is notified or becomes aware of the theft, diversion, or loss of marijuana.

(10) Medical marijuana treatment center inspections; administrative actions.

(a)  The department shall conduct announced or unannounced inspections of medical marijuana treatment centers to determine compliance with this section or rules adopted pursuant to this section.

(b)  The department shall inspect a medical marijuana treatment center upon receiving a complaint or notice that the medical marijuana treatment center has dispensed marijuana containing mold, bacteria, or other contaminant that may cause or has caused an adverse effect to human health or the environment.

(c)  The department shall conduct at least a biennial inspection of each medical marijuana treatment center to evaluate the medical marijuana treatment center’s records, personnel, equipment, processes, security measures, sanitation practices, and quality assurance practices.

(d)  The Department of Agriculture and Consumer Services and the department shall enter into an interagency agreement to ensure cooperation and coordination in the performance of their obligations under this section and their respective regulatory and authorizing laws. The department, the Department of Highway Safety and Motor Vehicles, and the Department of Law Enforcement may enter into interagency agreements for the purposes specified in this subsection or subsection (7).

(e)  The department shall publish a list of all approved medical marijuana treatment centers, medical directors, and qualified physicians on its website.

(f)  The department may impose reasonable fines not to exceed $10,000 on a medical marijuana treatment center for any of the following violations:

  1. Violating this section or department rule.
  2. Failing to maintain qualifications for approval.
  3. Endangering the health, safety, or security of a qualified patient.
  4. Improperly disclosing personal and confidential information of the qualified patient.
  5. Attempting to procure medical marijuana treatment center approval by bribery, fraudulent misrepresentation, or extortion.
  6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the business of a medical marijuana treatment center.
  7. Making or filing a report or record that the medical marijuana treatment center knows to be false.
  8. Willfully failing to maintain a record required by this section or department rule.
  9. Willfully impeding or obstructing an employee or agent of the department in the furtherance of his or her official duties.
  10. Engaging in fraud or deceit, negligence, incompetence, or misconduct in the business practices of a medical marijuana treatment center.
  11. Making misleading, deceptive, or fraudulent 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 related to the business practices of a medical marijuana treatment center suspended, revoked, or otherwise acted against by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law.
  13. Violating a lawful order of the department or an agency of the state, or failing to comply with a lawfully issued subpoena of the department or an agency of the state.

(g)  The department may suspend, revoke, or refuse to renew a medical marijuana treatment center license if the medical marijuana treatment center commits any of the violations in paragraph (f).

(h)  The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection.

Approved medical marijuana treatment centers

Licensed medical marijuana treatment centers (MMTCs) are vertically integrated and are the only businesses in Florida authorized to dispense medical marijuana and low-THC cannabis to qualified patients and caregivers. Each MMTC must receive authorization at three stages, (1) cultivation authorization, (2) processing authorization and (3) dispensing authorization, prior to dispensing low-THC cannabis or medical marijuana.

 

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Information gathered from sources deemed reliable, but not guaranteed. Subject to change without notice.

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