1. (1) For the purposes of this rule, the term “recreational use” means use of use of marijuana for recreation and enjoyment rather than to treat or mitigate a qualifying medical condition under section 381.986, F.S.
2. (2) An MMTC must obtain department approval of the marijuana delivery devices it intends to dispense. To obtain department approval, an MMTC must use the variance process outlined in Rule 64-4.023, F.A.C., and submit completed Form DH8029-OMMU-12/2025 effective 12/2025 “Request for Marijuana Delivery Device Approval,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/. The completed “Request for Marijuana Delivery Device Approval” form must be submitted through the department’s licensing portal at https://fldohommu.my.site.com/mmtc/.
3. (3) Marijuana delivery devices must be in a single, solid color or clear. However, any buttons, switches, seals, mouthpieces, and other similar parts of a marijuana delivery device may be a different solid color than the marijuana delivery device itself. A marijuana delivery device and its parts must not be a neon color.

4. (4) Marijuana delivery devices may only display the following and nothing else:

   1. (a) The MMTC’s department-approved trade name and logo;
   2. (b) The name and logo of the marijuana delivery device manufacturer; and
   3. (c) The name of the marijuana delivery device.
5. (5) All text and logos displayed on a marijuana delivery device, with exception to the MMTC’s department-approved logo, must be in a single, solid color and must not be a neon color. The text and logo, or combination thereof, displayed on a marijuana delivery device must not be attractive to children or promote the recreational use of marijuana.
6. (6) Marijuana delivery devices must not mimic commonly used objects (e.g., water bottles, coffee cups, and sunglasses).
7. (7) Marijuana delivery devices must not have an appearance, including shape, that is attractive to children or that promotes the recreational use of marijuana.
8. (8) A marijuana delivery device must be approved by the department in accordance with subsection (2) before the MMTC makes it available for dispensation or includes the marijuana delivery device on the MMTC’s department-approved website.

9. (9) Marijuana delivery devices for marijuana in a form for smoking shall not contain:

   1. (a) Additives of any kind; or
   2. (b) Any naturally occurring flavors or naturally occurring psychoactive substances (e.g. nicotine, alcohol, and caffeine).
10. (10) An MMTC must comply with the requirements set forth in the department’s Packaging and Labeling rule when packaging and labeling a marijuana delivery device that will be dispensed in direct contact with usable product.

11. (11) When dispensing a marijuana delivery device that does not come into direct contact with usable product, the marijuana delivery device, or its packaging, must have a firmly affixed and legible label stating only the following information:

    1. (a) The name of the MMTC that dispensed the marijuana delivery device;
    2. (b) The name of the physician who issued the physician certification;
    3. (c) The date the marijuana delivery device was dispensed; and
    4. (d) The name of the qualified patient.
12. (12) An MMTC shall only dispense a marijuana delivery device to a qualified patient or caregiver. The marijuana delivery device must be consistent with the approved route(s) of administration and types of marijuana delivery devices specified in the patient’s physician certification (e.g., a marijuana delivery device intended for smoking may only be dispensed to a qualified patient with a certification that specifies marijuana in a form for smoking as an approved route of administration).
13. (13) All marijuana delivery devices dispensed by an MMTC must comply with this rule, even if the marijuana delivery device is dispensed free of charge.
14. (14) An MMTC shall not display any marijuana delivery devices in its waiting area. A marijuana delivery device must not be visible to members of the public from any street, sidewalk, park, or other public place.

15. (15) An MMTC must immediately institute recall procedures upon the MMTC’s receipt of written notice from the department that a recall of marijuana delivery devices is required in accordance with s. 381.986(8)(e)11.d., F.S., or upon the MMTC’s determination that a marijuana delivery device is unsafe for use by qualified patients. Recall procedures for marijuana delivery devices shall include direct communication of the recall to all affected qualified patients and caregivers and a press release to the general public. Direct communication for purposes of this rule means an email, a documented phone call, or written correspondence to the qualified patient or caregiver. The press release must be published on the MMTC’s department-approved website and in a newspaper of general circulation in the geographical area in which the recalled marijuana delivery devices were dispensed. The direct communication and press release must include, at a minimum:

    1. (a) The type and brand name of the marijuana delivery device;
    2. (b) The specific reason for the recall;
    3. (c) The location of the dispensing facilities that dispensed the recalled marijuana delivery devices;
    4. (d) The date range that the recalled marijuana delivery devices were dispensed;
    5. (e) An instruction not to use or operate the recalled marijuana delivery devices;
    6. (f) An explanation of how affected qualified patients or caregivers can return the recalled marijuana delivery devices to the MMTC; and
    7. (g) The MMTC’s contact information for communications and information regarding the recall.
16. (16) Any returned delivery devices due to recall must be disposed of in accordance with Rule 64-4.207, F.A.C.

17. (17) MMTCs shall have 180 days from the effective date of this rule to comply with the requirements of this rule. Upon the end of the 180-day period, MMTCs may not dispense previously approved marijuana delivery devices that do not comply with this rule.

    

    

    

    

Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(8)(e)14., 381.986(8)(k) FS. Law Implemented Art. X, § 29, Fla. Const., 381.986(8)(e) FS. History–New 12-22-25.