Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5K - Division of Food Safety
Chapter 5K-11 - MEDICAL MARIJUANA TREATMENT CENTERS AND EDIBLES
Section 5K-11.001 - Definitions

Universal Citation: FL Admin Code R 5K-11.001

Current through Reg. 50, No. 249, December 24, 2024

For the purposes of this rule chapter, the definitions in Section 500.03, F.S., and the following shall apply:

(1) Change in Ownership means:

(a) An event in which the permittee sells or otherwise transfers its ownership to a different person as evidenced by a change in federal employer identification number or taxpayer identification number; or

(b) An event in which 51 percent or more of the ownership, shares, membership, or controlling interest of a permittee is in any manner transferred or otherwise assigned. This paragraph does not apply to a permit held by a person that is publicly traded on a recognized stock exchange. A change solely in the management or board of directors is not a change of ownership.

(2) Department means the Florida Department of Agriculture and Consumer Services.

(3) Edibles is defined as in Section 381.986(1)(d), F.S., to mean commercially produced food items made with Marijuana Oil, but no other form of marijuana, that are produced and dispensed by a Medical Marijuana Treatment Center.

(4) Marijuana Oil means oil derived from Low-THC Cannabis as defined in Section 381.986(1)(e), F.S., or Marijuana as defined in Section 381.986(1)(f), F.S.

(5) Medical Marijuana Treatment Centers (MMTC) are licensed by the Florida Department of Health as provided in Section 381.986(8), F.S., and are defined as in Art. X, §29(b)(5), Fla. Const., to mean an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers.

Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 381.986, 500.03, 500.12 FS.

New 3-16-20.

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