1. (1) An MMTC may not cultivate marijuana until it has received cultivation authorization from the department.
2. (2) An MMTC may not process marijuana until it has received processing authorization from the department.
3. (3) An MMTC may not dispense marijuana or marijuana delivery devices until it has received dispensing authorization from the department.
4. (4) An MMTC must obtain cultivation authorization prior to receiving processing authorization.
5. (5) An MMTC must obtain processing authorization prior to receiving dispensing authorization.
6. (6) Marijuana may not be present at any MMTC facility prior to the MMTC’s receipt of the appropriate written notice of approval of the facility to cultivate, process, or dispense marijuana or marijuana delivery devices.

7. (7) Within 60 calendar days of licensure, an MMTC shall request cultivation authorization by submitting a completed Form DH8027-OMMU-06/2021 “Request for Authorization,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/, to the department. An MMTC must have the ability to begin cultivating marijuana upon requesting cultivation authorization. MMTCs must submit a separate request form for each facility for which it is requesting approval.

   1. (a) Upon receipt of a completed “Request for Authorization” form, the department will inspect the MMTC’s cultivation facility(ies) and operations within 14 business days.
   2. (b) The inspection will be conducted to determine compliance with section 381.986, F.S., the department’s rules, and the representations made in the MMTC’s application on file with the department. The department will send written notice to the MMTC after completion of the inspection either granting cultivation authorization or identifying any omissions, deficiencies, or violations.
   3. (c) Within seven (7) calendar days of the MMTC’s receipt of a written notice of omissions, deficiencies, or violations, the department must receive from the MMTC a written corrective action plan that details the correction(s) to resolve the omissions, deficiencies, or violations identified in the written notice and the date the correction(s) were or will be completed. The department will send written notice to the MMTC approving or denying the MMTC’s corrective action plan.
   4. (d) All corrections must be completed within 30 calendar days of the MMTC’s receipt of the department’s written notice identifying the omissions, deficiencies, or violations.
   5. (e) The MMTC’s cultivation facility(ies) and operations are subject to inspection to confirm that the omissions, deficiencies, or violations have been resolved and that the corrective action plan has been implemented and completed.

8. (8) Within 120 calendar days of licensure, an MMTC shall request processing authorization by submitting a completed “Request for Authorization” form to OMMULicenseOperation@flhealth.gov. An MMTC must have the ability to begin processing marijuana upon requesting processing authorization. MMTCs must submit a separate request form for each facility for which it is requesting approval.

   1. (a) Upon receipt of a request for processing authorization, the MMTC’s processing facility(ies) and operations will be inspected by the department within 14 business days.
   2. (b) The inspection will be conducted to determine compliance with section 381.986, F.S., the department’s rules, and the representations made in the MMTC’s application on file with the department. The department will send written notice to the MMTC after completion of the inspection either granting processing authorization or identifying any omissions, deficiencies, or violations.
   3. (c) Within seven (7) calendar days of the MMTC’s receipt of a written notice of omissions, deficiencies, or violations, the department must receive from the MMTC a written corrective action plan that details the correction(s) to resolve the omissions, deficiencies, or violations identified in the written notice and the date the correction(s) were or will be completed. The department will send written notice to the MMTC approving or denying the MMTC’s corrective action plan.
   4. (d) All corrections must be completed within 30 calendar days of the MMTC’s receipt of the department’s written notice identifying the omissions, deficiencies, or violations.
   5. (e) The MMTC’s processing facility(ies) and operations are subject to inspection to confirm that the omissions, deficiencies, or violations have been resolved and that the corrective action plan has been implemented and completed.

9. (9) Within 180 calendar days of licensure, an MMTC shall request dispensing authorization by submitting a completed “Request for Authorization” form to OMMULicenseOperation@flhealth.gov. An MMTC must have the ability to dispense marijuana upon requesting dispensing authorization. MMTCs must submit a separate request form for each facility for which it is requesting approval.

   1. (a) Upon receipt of a request for dispensing authorization, the MMTC’s dispensing facility(ies) and operations will be inspected by the department within 14 business days.
   2. (b) The inspection will be conducted to determine compliance with section 381.986, F.S., the department’s rules, and the representations made in the MMTC’s application on file with the department. The department will send written notice to the MMTC after completion of the inspection either granting dispensing authorization or identifying any omissions, deficiencies, or violations.
   3. (c) Within seven (7) calendar days of the MMTC’s receipt of a written notice of omissions, deficiencies, or violations, the department must receive from the MMTC a written corrective action plan that details the correction(s) to resolve the omissions, deficiencies, or violations identified in the written notice and the date the correction(s) were or will be completed. The department will send written notice to the MMTC approving or denying the MMTC’s corrective action plan.
   4. (d) All corrections must be completed within 30 calendar days of the MMTC’s receipt of the department’s written notice.
   5. (e) The MMTC’s dispensing facility(ies) and operations are subject to inspection to confirm that the omissions, deficiencies, or violations have been resolved and that the corrective action plan has been implemented and completed.
10. (10) For any MMTC licensed before the effective date of this rule and for which cultivation authorization, processing authorization, or dispensing authorization has not been granted, the date of licensure, for the purposes of this rule only, shall be deemed the effective date of this rule.

11. (11) Failure to comply with the requirements of this rule is grounds for disciplinary action, up to and including, license revocation.

    

    

    

    

Rulemaking Authority 381.986(8)(k) FS. Law Implemented 381.986 FS. History – New 6-22-21.