July 13, 2020

Volume X, Number 195

July 13, 2020

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July 10, 2020

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Florida’s Department of Health/Office of Medical Marijuana Use Issues Emergency Rules and Notices of Rulemaking

In December 2019 the Florida Department of Health took a significant step forward in the regulation of Medical Marijuana Treatment Centers (MMTCs) by issuing notices of proposed rules and rule development for a variety of long-awaited regulations. Emergency rules were also noticed for MMTC Renewal Applications and Background Screening. Emergency rules may be adopted if an agency finds there is an immediate danger to the public health, safety, or welfare, and are effective for 90 days while an agency undertakes the rulemaking process. Agency rulemaking is subject to challenge under Florida’s Administrative Procedures Act, which could mean delayed implementation. Links to the notices of proposed rules and rule development are provided below.

Emergency Rules

64ER19-8 – Renewal Application

64ER19-7 – MMTC Background Screening

Proposed Rules

64-4.001 – Definitions

64.4.202 – MMTC Inspection Procedures

64-4.207 – Marijuana Waste Management and Disposal

64-4.208 – Background Screening

64-4.210 – Fines, Suspension, and Revocation

64-4.300 – Certified Marijuana Testing Lab

Notice of Rule Development

64-4.201 – Renewal Applications for MMTCs

64-4.205 – Edible Products

64-4.206 – Packaging and Labeling

64-4.209 – Solvent-Based Extraction

64-4.211 – Supplemental Licensure Fee

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 8


About this Author

Fred E. Karlinsky insurance lawyer Greenberg Traurig

Fred E. Karlinsky is Co-Chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group. Fred has more than 25 years of experience representing the interests of insurers, reinsurers and a wide variety of other insurance-related entities on their regulatory, transactional, corporate and governmental affairs matters. Fred is a recognized authority on national insurance regulatory and compliance issues and has taken a leadership position in many insurance trade organizations, has led many industry-driven legislative and regulatory initiatives, and is a sought after thought...

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 Timothy F. Stanfield litigation lawyer Greenberg traurig
Of Counsel

Timothy F. Stanfield is Of Counsel with the Florida Government Law & Policy Practice. He represents a broad array of private and public-sector clients before the Florida Legislature, Cabinet and State agencies. Tim’s practice is largely focused on regulated industries to include insurance, land use, and alcoholic beverages, including addressing ‘tied house evil’ issues. He also represents local governments, trade associations, and clients participating in Florida’s procurement process. Tim has more than a dozen years of lobbying experience, and is known within Florida’s Capitol for his deep subject matter knowledge and strategic thinking.

Tim also provides clients with regulatory legal and consulting services. Tim has obtained a variety of permits, licenses, and approval certificates from state and local government agencies. He maintains working relationships within state departments and agencies, including the Department of Financial Services, Office of Insurance Regulation, Department of Economic Opportunity, Department of Transportation, Department of Health, Agency of Health Care Administration, Department of Business and Professional Regulation, and the Department of Management Services.

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