1. (1) For the purposes of this rule, the following definitions apply:

   1. (a) “Harvest” means a group of marijuana plants in the same stage of growth, planted at the same time at an MMTC’s department-approved cultivation facility, kept under identical conditions in a shared location, and assigned the same harvest number.

   2. (b) “Harvest failure” means the complete loss or destruction of marijuana plants in a harvest such that no usable products can be derived from the harvest due to:

      1. A natural disaster, including any direct effects or reasonably related indirect effects of the natural disaster;

      2. A malfunction of equipment used in cultivating marijuana plants that is not due to an MMTC’s willful action or the MMTC's failure to comply with the MMTC’s standard operating procedures;

      3. A pest infestation or plant disease that is not due to an MMTC’s willful action or the MMTC’s failure to comply with the MMTC’s standard operating procedures;

      4. The contamination of marijuana plants that renders them unfit for human consumption that is not due to an MMTC’s willful action or the MMTC’s failure to comply with the MMTC’s standard operating procedures;

      5. Flooding that is not due to an MMTC’s willful action or the MMTC’s failure to comply with the MMTC’s standard operating procedures; or

      6. Fire that is not due to an MMTC’s willful action or the MMTC’s failure to comply with the MMTC’s standard operating procedures.

   3. (c) “Internal STS Tracking System” means an MMTC’s own computer software seed-to-sale tracking system, as provided in the MMTC Seed-to-Sale Tracking System Integration rule.
   4. (d) “Wholesale transfer” means the transfer of marijuana plants, usable whole flower marijuana, or marijuana oil by one originating MMTC to one acquiring MMTC that has obtained certification from the department of a harvest failure.

2. (2) Certification of Harvest Failure. To be eligible to receive a wholesale transfer, an MMTC must first obtain a certification of the MMTC’s harvest failure from the department. An MMTC may obtain certification of its harvest failure by submitting to the department a completed Form DH5065-OMMU-12/2025 effective 12/2025, “Request for Harvest Failure Certification,” which is incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/, and all required documentation listed in the Form, through the department’s licensing portal at https://fldohommu.my.site.com/mmtc/.

   1. (a) An MMTC must submit a completed Request for Harvest Failure Certification Form and all required documentation to the department within 30 calendar days of the harvest failure.

   2. (b) After receipt of the completed Request for Harvest Failure Certification Form, the department may request additional or clarifying information from the MMTC. After receipt of the completed Form, all required documentation, and any additional or clarifying information, the department will send written notice to the MMTC either certifying the MMTC’s harvest failure or denying the request for harvest failure certification. A certification of harvest failure issued by the department will specify:

      1. The number of marijuana plants lost or destroyed in the MMTC’s harvest failure; and

      2. The maximum quantity and stage of growth of marijuana plants, usable whole flower, or marijuana oil the MMTC is authorized to purchase through wholesale transfer.

   3. (c) An MMTC may not request or receive a harvest failure certification for more than one harvest failure type, as defined in paragraph (1)(b), per cultivation facility within a single twelve-month period, excluding a harvest failure as a result of subparagraph (1)(b)1.

3. (3) Request for Wholesale Transfer. To obtain department approval for a wholesale transfer due to harvest failure, the MMTC seeking to receive a wholesale transfer must submit to the department a completed Form DH5066-OMMU-12/2025 effective 12/2025, “Request for Wholesale Transfer Due to Harvest Failure,” which is incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/, and all required documentation listed in the Form, through the department’s licensing portal at https://fldohommu.my.site.com/mmtc/. An MMTC must submit the completed Form and all required documentation to the department within 30 calendar days of the department’s certification of the MMTC’s harvest failure.

   1. (a) To be eligible for a wholesale transfer, the MMTC seeking to receive a wholesale transfer must, at the time of the wholesale transfer request, be actively dispensing marijuana to qualified patients. An MMTC is actively dispensing marijuana to qualified patients when it has dispensed marijuana to qualified patients or caregivers for eight consecutive weeks immediately prior to the submission of the wholesale transfer request.
   2. (b) After receipt of the completed Request for Wholesale Transfer Due to Harvest Failure Form, the department may request additional or clarifying information from the MMTC. After receipt of the completed Form, all required documentation, and any additional or clarifying information, the department will send written notice to the MMTC either approving or denying the request.
   3. (c) An MMTC’s purchase of marijuana plants, usable whole flower, and marijuana oil pursuant to a wholesale transfer shall be limited to the amounts specified in the certification of harvest failure issued by the department.
   4. (d) A wholesale transfer shall not include any marijuana that is in a receptacle, package, or marijuana delivery device.
4. (4) The originating MMTC and the acquiring MMTC must ensure that all transported marijuana is manifested and tracked in each MMTC’s Internal STS Tracking System. The originating MMTC must include the originating MMTC’s Internal STS Tracking information on the exterior packaging of the marijuana in transport, including the harvest batch number and amount.
5. (5) All marijuana received by the acquiring MMTC is subject to the testing requirements set forth in the Rule 64-4.212, F.A.C.
6. (6) An acquiring MMTC shall not market or advertise marijuana purchased pursuant to a wholesale transfer as originating from another MMTC. Additionally, marijuana (and any resulting usable product) purchased pursuant to a wholesale transfer must be packaged and labeled in accordance with the acquiring MMTC’s department-approved variance for that usable product and the MMTC Packaging and Labeling rule.
7. (7) An acquiring MMTC has up to nine months from the date of department approval to purchase the total amount identified in the harvest failure certification.
8. (8) An acquiring MMTC may not request or receive approval for a wholesale transfer until the completion of any wholesale transfer from a previously approved request for wholesale transfer, excluding wholesale transfers approved pursuant to subparagraph (1)(b)1.
9. (9) All wholesale transfers approved prior to the effective date of this rule must be completed within 90 calendar days of the effective date of this rule.

10. (10) An MMTC may not transfer marijuana plants, usable whole flower marijuana, or marijuana oil that has already been transferred pursuant to a previous request for wholesale transfer.

    

    

    

    

Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(8)(k) FS. Law Implemented Art. X, § 29, Fla. Const., 381.986(8)(c) FS. History – New 12-22-25.