Medical Marijuana Treatment Center Variance Procedure

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-4.023Medical Marijuana Treatment Center Variance Procedure

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., as the rule was published in the Notice of Proposed Rule and the Notice of Change published in Vol. 44 No. 86, May 2, 2018 and Vol. 44 No. 140, July 19, 2018 issues of the Florida Administrative Register

 

In addition to the changes to rule text below, substantial changes have been made to Form DH8019-OMMU-05/2018 (now DH8019-OMMU-11/2018) “Medical Marijuana Treatment Center Variance Request,” for clarity on the subjects addressed in proposed medical marijuana treatment center variances.

 

64-4.023 Medical Marijuana Treatment Center Variance Request Procedure.

(1) No change.

(2) In order to obtain a variance from the representations made in the initial application, the medical marijuana treatment center shall submit a request to the department using Form DH8019-OMMU-11/2018 05/2018 “Medical Marijuana Treatment Center Variance Request for Application Variance,” incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(3) No change.

(4) If the department determines that a medical marijuana treatment center has proceeded with a proposed alternative, prior to receiving approval, the medical marijuana treatment center shall be subject to the penalties set forth in sections 381.986(10)(f) and (g) F.S.

(5) Changes to a medical marijuana treatment center’s medical director must be requested in accordance with subsection (2). Except for its medical director, a medical marijuana treatment center is not required to request a variance from the representations made in its initial application to add or remove an owner, officer, board member, manager, or employee. A medical marijuana treatment center may add or remove an owner, officer, board member, manager, or employee by notifying the Department in writing at [e-mail] of the name and position of the individual to be added or removed, with an updated copy of the medical marijuana treatment center’s organizational chart if the change in personnel amends the existing organizational chart. However, no owner, officer, board member, manager, or employee may be added by a medical marijuana treatment center prior to that individual passing a background screening pursuant to section 381.986(9), F.S. Changes to a medical marijuana treatment center’s medical director must be requested in accordance with section (2).

(6) No change.

Rulemaking Authority 381.986(8)(k), 381.986(10)(h)  FS. Law Implemented 381.986(8)(e), 381.986(10) FS. History–New_________.