1. (1) As used in this rule, the term “Marijuana Waste” includes the following materials:

   1. (a) Testing Waste, which means spent solvents, lab wastes, and similar materials used in the testing of Usable Whole Flower Marijuana or Derivative Product ready for disposal;
   2. (b) Product Waste, which means Usable Whole Flower Marijuana or Derivative Product ready for disposal, regardless of whether or not it has been analyzed or removed from the Package;
   3. (c) Other contaminated materials ready for disposal. “Contaminated Materials” means any item, object, utensil, or tool that came in contact with marijuana or usable product and has trace residuals of marijuana thereon.
   4. (d) Notwithstanding the foregoing, Marijuana Waste does not include hazardous waste or universal waste, as those terms are defined in Rule 62-730.020, F.A.C., (eff. 9-10-25), which is incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19260"https://flrules.org/Gateway/reference.asp?No=Ref-19260, or biomedical waste as defined in s. 381.0098(2)(a), F.S.
   5. (e) Once the CMTL is in possession of the marijuana, the CMTL is prohibited from returning any marijuana, including Marijuana Waste, to the MMTC.
2. (2) A CMTL may clean Contaminated Material using any method that completely eliminates any trace marijuana residuals from the material. Once the material has been cleaned of all trace marijuana residuals, the material may be recycled or disposed of like any other non-marijuana waste that falls outside the scope of this rule.
3. (3) A CMTL shall comply with all applicable federal and state laws and regulations for solid and liquid wastes and any applicable local regulations or ordinances.

4. (4) Marijuana Waste must be rendered unusable and unrecognizable or irretrievable Onsite at the CMTL’s department-approved Testing Facility before it is transported offsite as provided for in paragraphs (7)(a) and (b). For the purposes of this rule, “Onsite” means within the secured building or adjoining secured fenced-in area controlled by the CMTL at their department-approved Testing Facility.

   1. (a) Marijuana Waste is unusable and unrecognizable if it is incapable of being salvaged and consumed through any means and all components are homogenous and indistinguishable.
   2. (b) Marijuana Waste is irretrievable if it cannot be transformed to a physical or chemical condition or state as marijuana or a substance with a chemical structure or effect that is similar to marijuana.
   3. (c) At least two employees of the CMTL, one of whom must be a Manager, shall be present when rendering the Marijuana Waste unusable and unrecognizable or irretrievable. Steps taken to render Marijuana Waste unusable and unrecognizable or irretrievable shall be conducted under video surveillance.

   4. (d) Until such time that the Marijuana Waste is rendered unusable and unrecognizable or irretrievable, the Marijuana Waste shall be stored in a waste receptacle(s) that is:

      1. A securely locked, enclosed container; and

      2. Located in a secured area of the facility.

5. (5) Prior to disposal, in accordance with subsection (7), Marijuana Waste shall be:

   1. (a) Rendered unusable and unrecognizable by grinding and mixing the compostable Marijuana Waste with at least an equal amount of other compostable materials (e.g., food waste, yard waste, vegetable-based grease or oils);
   2. (b) Rendered unusable and unrecognizable by grinding the Marijuana Waste with at least an equal amount of other compostable materials (e.g., food waste, yard waste, vegetable-based grease or oils) or non-compostable materials (e.g., paper waste, cardboard waste, plastic waste, or oil), or both; or
   3. (c) Rendered irretrievable by permanently altering the physical or chemical condition through irreversible means.
6. (6) After being rendered unusable and unrecognizable or irretrievable, the CMTL must securely lock the Marijuana Waste in an enclosed container.

7. (7) After Marijuana Waste is rendered unusable and unrecognizable or irretrievable, any remaining Marijuana Waste shall be disposed of via one of the following methods:

   1. (a) Delivered to an appropriate solid waste management facility, as that term is defined in subsection 62-701.200(112), F.A.C., (eff. 2-15-15), which is incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19261"https://flrules.org/Gateway/reference.asp?No=Ref-19261;
   2. (b) Delivered to a composting facility that is registered with or permitted by the Department of Environmental Protection pursuant to Chapter 62-709, F.A.C., (eff. 2-15-10), which is incorporated by reference herein and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19262"https://flrules.org/Gateway/reference.asp?No=Ref-19262; or
   3. (c) Composted Onsite by the CMTL in accordance with Chapter 62-709, F.A.C.

8. (8) A CMTL must maintain a waste management plan that will be provided to the department upon request and is subject to the department’s approval. A waste management plan must include, at a minimum:

   1. (a) The identity of all CMTL employees with access to the Marijuana Waste storage area(s) of its Testing Facility;
   2. (b) Procedures for rendering Marijuana Waste unusable and unrecognizable or irretrievable, as required by this rule;
   3. (c) Procedures for storing Marijuana Waste before it is rendered unusable and unrecognizable or irretrievable;
   4. (d) The manner of disposing of Marijuana Waste after it is rendered unusable and unrecognizable or irretrievable;
   5. (e) Procedures for ensuring that the disposal of Marijuana Waste is properly documented on the CMTL’s chain of custody logs;
   6. (f) Employee training materials and exercises concerning the CMTL’s Marijuana Waste management procedures; and
   7. (g) Record maintenance and retention procedures for Marijuana Waste records.

9. (9) A CMTL must maintain accurate records of the Marijuana Waste it generates. Such records must account for all activity related to the disposal of the Marijuana Waste, including:

   1. (a) The date, time, and manner of rendering the Marijuana Waste unusable and unrecognizable or irretrievable, along with the legible names and signatures of the persons who rendered the Marijuana Waste unusable and unrecognizable or irretrievable;
   2. (b) The video recording of the persons and process of rendering the Marijuana Waste unusable and unrecognizable or irretrievable;
   3. (c) The name of the entity(ies) hauling the Marijuana Waste, if any, and documentation that evidences the CMTL’s subscription to waste collection services from that entity; and
   4. (d) The date, time, and manner of disposing of the Marijuana Waste, including whether the Marijuana Waste was disposed of via delivery to a solid waste management facility, delivery to a registered or permitted composting facility, or composted Onsite by the CMTL.
   5. (e) Video surveillance recordings must be retained for at least 45 days. All other Marijuana Waste records must be retained for at least two years.
   6. (f) A CMTL’s chain of custody log must reflect the CMTL’s disposal of samples.
10. (10) Prior to disposal, non-hazardous waste that does not meet the definition of “Marijuana Waste,” but displays an MMTC’s or CMTL’s identifying information, (e.g., packaging materials for Usable Whole Flower Marijuana or Derivative Product) must be rendered unusable and unrecognizable, or irretrievable by defacing, grinding, or shredding.
11. (11) After being rendered unusable and unrecognizable or irretrievable the CMTL must securely lock the non-hazardous waste in an enclosed container.

Rulemaking Authority Art. X, § 29, Fla. Const., 381.988(3), 381.988(9) FS. Law Implemented Art. X, § 29, Fla. Const., 381.988 FS. History–New 5-28-26.