Florida’s medical marijuana delivery system is governed by a comprehensive legal framework designed to ensure patient access, product safety, and regulatory compliance. The Florida Department of Health’s Office of Medical Marijuana Use (OMMU) oversees the licensing and regulation of Medical Marijuana Treatment Centers (MMTCs), which are the only entities authorized to cultivate, process, transport, and dispense medical marijuana in the state.

Delivery Authorization and Restrictions

Under Florida law, MMTCs are permitted to deliver medical marijuana directly to qualified patients and their caregivers. However, they are prohibited from contracting third-party services for delivery purposes. This ensures that MMTCs maintain full responsibility and control over the delivery process, enhancing accountability and product integrity.

Operational Requirements for Deliveries

Deliveries must adhere to strict operational protocols:

• Transportation Manifest: Each delivery must be accompanied by a transportation manifest generated from the MMTC’s seed-to-sale tracking system. This document includes details such as departure and arrival times, vehicle information, and the names of the employees conducting the delivery.
• Vehicle Standards: Vehicles used for delivery must be in good working order and equipped with secure, locked compartments to prevent unauthorized access to the products.
• Employee Identification: Employees involved in the delivery process are required to carry proper identification and must present it upon request by law enforcement.
• Two-Person Rule: At least two employees must be present in the delivery vehicle, with one remaining in the vehicle at all times during the delivery to ensure security.
• Training: Employees must receive specific safety and security training related to the handling and transportation of medical marijuana. 

Patient Verification and Record-Keeping

Before completing a delivery, MMTC employees must verify the recipient’s status as a qualified patient or caregiver by checking their active registration in the Medical Marijuana Use Registry and ensuring they possess a valid identification card. Additionally, the delivery details—including date, time, quantity, and form of marijuana dispensed—must be recorded in the registry to maintain accurate tracking and compliance. 

Local Regulations and Fees

While the state preempts the regulation of medical marijuana delivery, local jurisdictions may impose certain requirements. For example, Hillsborough County mandates that MMTCs obtain a delivery approval, accompanied by a nonrefundable application fee of $50. Such local ordinances must align with state laws and cannot be more restrictive than regulations applied to pharmacies.

Compliance and Enforcement

The OMMU conducts regular inspections of MMTCs to ensure adherence to state laws and regulations. Violations can result in penalties, including fines up to $10,000 per incident, suspension, or revocation of the MMTC’s license. Factors influencing the severity of penalties include the frequency of violations, potential harm to patients, and the MMTC’s efforts to correct issues. 

Conclusion

Florida’s medical marijuana delivery laws establish a structured and secure system that prioritizes patient safety and product integrity. By enforcing stringent operational requirements and maintaining oversight through the OMMU, the state ensures that medical marijuana is delivered responsibly and in compliance with established regulations.