31591268, 64-4.225 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 31591268

Notice of Proposed Rule

Department:

DEPARTMENT OF HEALTH

Chapter:

COMPASSIONATE USE

Overview

RULE:

64-4.225	MMTC Marijuana Delivery Devices
64-4.226	MMTC Harvest Failures and Wholesale Transfers

PURPOSE:

This rulemaking initiates nonemergency rulemaking to replace the emergency rules 64ER25-4 and 64ER25-5, adopted by the Department to implement section 381.986, Florida Statutes.

SUMMARY:

Rule 64-4.225 establishes an approval process for delivery devices through the submission of a variance request from an MMTC. The rule includes requirements for recall of devices deemed unsafe and packaging requirements for delivery devices. Rule 64-4.226 also establishes an approval process for the Department to certify a harvest failure and for MMTCs to make a wholesale purchase of marijuana from, or a distribution of marijuana to, another medical marijuana treatment center following certification of harvest failure.

RULEMAKING AUTHORITY:

Art. X, § 29, Fla. Const., 381.986(8)(e)14., 381.986(8)(k), FS.

LAW:

Art. X, § 29, Fla. Const., 381.986(8)(c), 381.986(8)(e), FS.

PRINT PUBLISH DATE:

11/6/2026 Vol. 52/217

COMMENTS:

From 11/6/2026 To 11/27/2026 (21 Days)

REFERENCE MATERIALS:

Ref-20169 Form DH5065-OMMU-09/2026 Request for Harvest Failure Certification
Ref-20170 Form DH5066-OMMU-09/2026 Request for Wholesale Transfer Due to Harvest Failure
Ref-20171 Form DH8029-OMMU-09/2026 Request for Marijuana Delivery Device Approval

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