MMTC Marijuana Waste Management and Disposal

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64ER20-16MMTC Marijuana Waste Management and Disposal

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Pursuant to Chapter 2019-116, § 41, at 31, Laws of Florida, the Department is not required to make findings of an immediate danger to the public, health, safety, or welfare.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Department of Health is directed by Chapter 2019-116, § 41, at 31, Laws of Florida, to adopt emergency rules to implement section 381.986, Florida Statutes.

SUMMARY: Emergency Rule 64ER20-16 provides the manner in which marijuana waste must be managed and disposed of by licensed medical marijuana treatment centers (MMTCs).

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Courtney Coppola at [e-mail].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64ER20-16   MMTC Marijuana Waste Management and Disposal

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

(a) Plant material waste, which means leaves, stalks, stems, roots, and any other part of the marijuana plant that is not processed with solvent or used in the processing of marijuana to generate usable product;

(b) Processing waste, which means spent solvents, lab wastes, and similar materials used in the processing of marijuana;

(c) Product waste, which means marijuana and usable product that is unfit for sale or consumption. Product waste includes unused, returned, surplus, contaminated, recalled, and expired marijuana or usable product; and

(d) Other contaminated materials ready for disposal. “Contaminated materials” mean any item, object, utensil, material, or tool that contained or came in contact with marijuana or usable product and cannot be cleaned of marijuana residue. An MMTC may clean contaminated material using any method that completely eliminates any trace marijuana residuals from the material. Once the material is verified to be void of any marijuana residue, the material may be recycled or disposed of like any other non-marijuana waste that falls outside the scope of this rule.

(e) 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. Nothing herein is intended to relieve an MMTC of its obligation to comply with applicable federal and state laws and regulations for solid and liquid wastes, as required by s. 381.986(8)(e), F.S.

(2) Marijuana Waste must be rendered unusable and unrecognizable before it leaves an MMTC facility or is composted onsite, as provided in subparagraph (4)(b)3. Marijuana Waste is unrecognizable if all components are homogenous and indistinguishable. Marijuana Waste is unusable if it is incapable of being salvaged and consumed through any means.

(a) Marijuana Waste that is composted must be 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). 

(b) Marijuana Waste that is not composted must be 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.

(3) Marijuana Waste that cannot be rendered unusable and unrecognizable, as required by subsection (2), must be rendered irretrievable by permanently altering its physical or chemical condition through irreversible means such that 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.

(4) At least two employees of the MMTC, one of which must be a manager, must be present when rendering the Marijuana Waste unusable and unrecognizable or irretrievable. Steps taken to render Marijuana Waste unusable and unrecognizable or irretrievable must be conducted under video surveillance.

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

1. A securely locked, enclosed container;

2. Securely fastened to a permanent structure so that it cannot be removed; and

3. Located in a secured area of the facility.

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

1. Delivered to an appropriate solid waste management facility, as that term is defined in chapter 62-701, F.A.C.;

2. 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.; or

3. Composted onsite by the MMTC in accordance with chapter 62-709, F.A.C.

(5) An MMTC 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:

(a) The identity of the MMTC’s inventory manager and the MMTC employees with access to the Marijuana Waste storage area(s) of its facility(ies);

(b) Procedures for weighing, tracking and manifesting Marijuana Waste out of the MMTC’s seed-to-sale tracking system;

(c) Procedures for rendering Marijuana Waste unusable and unrecognizable or irretrievable, as required by this rule;

(d) Procedures for storing Marijuana Waste before it is rendered unusable and unrecognizable or irretrievable;

(e) The manner of disposing of Marijuana Waste after it is rendered unusable and unrecognizable or irretrievable;

(f) Employee training materials and exercises concerning the MMTC’s Marijuana Waste management procedures; and

(g) Record maintenance and retention procedures for Marijuana Waste records.

(6) An MMTC must maintain records of the Marijuana Waste it generates. Such records must account for all activity related to the disposal of the Marijuana Waste, including:

(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;

(b) The video recording of the persons rendering the Marijuana Waste unusable and unrecognizable or irretrievable;

(c) The name of the entity(ies) hauling the Marijuana Waste, if any, and documentation that evidences the MMTC’s subscription to waste collection services from that entity; and

(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 MMTC.

(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.   

(7) An MMTC must provide a minimum of 72 hours’ notice in the MMTC’s seed-to-sale tracking system prior to rendering the Marijuana Waste unusable and unrecognizable or irretrievable and must record in the tracking system the weight of the Marijuana Waste to be rendered unusable and unrecognizable or irretrievable. At least two MMTC employees, one of which must be a manager, must be present when manifesting Marijuana Waste out of the seed-to-sale tracking system.

Rulemaking Authority 381.986(8)(e)11.c., FS. Law Implemented 381.986(8)(e)11.c., FS. History—New 2-13-20.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: February 13, 2020