Key takeaways
Florida’s Department of Health published proposed permanent rules 64-4.225 and 64-4.226 on Nov. 6, 2026, replacing emergency rules 64ER25-4 and 64ER25-5.
A medical marijuana treatment center (MMTC) that loses 50% or more of a harvest to a qualifying cause could buy plants, flower or oil from another MMTC after state certification.
Delivery devices like vapes would need state approval and must be a single solid color or clear, with no neon, no look-alike shapes and nothing attractive to children.
Public comments run through Nov. 27, 2026. A hearing will be held only if someone requests one within 21 days.
Florida is moving two stopgap medical marijuana rules onto permanent footing. One gives vertically integrated operators a lifeline after a crop disaster. The other sets strict look-and-label rules for the vapes and other devices patients buy.
The Department of Health’s Notice of Proposed Rule appeared in the Florida Administrative Register on Nov. 6, 2026 (Vol. 52/217). State Surgeon General Joseph Ladapo approved it Oct. 29, and the Office of Medical Marijuana Use (OMMU) is taking comments through Nov. 27.
How the Florida harvest failure rule would work
Florida MMTCs grow, process and sell their own product, so buying from a competitor is generally off the table. Proposed Rule 64-4.226 creates a narrow exception. A “harvest failure” means losing 50% or more of the plants in a harvest to one of six causes: a natural disaster, equipment malfunction, pests or plant disease, contamination, flooding or fire.
Except for natural disasters, the loss can’t stem from the MMTC’s willful action or from negligence, mismanagement or wrongdoing by the company or its employees.
"An acquiring MMTC shall not market or advertise marijuana purchased pursuant to a wholesale transfer as originating from another MMTC."
Steps and deadlines for a wholesale transfer
Step | Deadline or limit |
|---|---|
File Form DH5065 (harvest failure certification) | Within 30 calendar days of the failure |
File Form DH5066 (wholesale transfer request) | Within 30 calendar days of certification |
Be actively dispensing to patients | 8 consecutive weeks before the request |
Complete the purchases | Up to 9 months from approval |
Certifications per failure type | One per cultivation facility per 12 months (disasters excepted) |
Transfers can include plants, usable whole flower or oil, but not anything already packaged or in a delivery device. Everything must be manifested in both companies’ seed-to-sale systems and meet state testing rules. Purchases are capped at the amount lost, and the buyer must package the product under its own approved labels.
New Florida rules for marijuana delivery devices
Proposed Rule 64-4.225 requires OMMU approval, through the variance process and Form DH8029, before an MMTC dispenses a device or lists it on its website. Devices could show only the MMTC’s approved trade name and logos, the manufacturer’s name and logo, the device name, the universal symbol and an information screen.
Devices could not mimic everyday objects like water bottles or coffee cups. They can’t be displayed in waiting areas or be visible from public places. Devices for smokable marijuana can’t contain additives, flavors or substances like nicotine, alcohol or caffeine. MMTCs would get 180 days from the effective date to win approval for devices not already cleared under the emergency rule.
The rule also spells out recalls: direct notice to affected patients and caregivers by email, documented phone call or letter, plus a press release on the MMTC’s website and in a local general-circulation publication.
What this means for operators
Document losses in real time. The 30-day clock starts at the harvest failure, so keep photos, logs and seed-to-sale records ready to show the cause and plant count.
Audit your device catalog. Check colors, logos, text and shapes against the rule before the 180-day window starts.
Update recall SOPs. Make sure you can reach every affected patient directly and publish a notice fast.
Comment by Nov. 27. Contact Meredith Hayes at [email protected] or (850) 245-4657, or request a hearing within 21 days of the notice.
What this means for cannabis workers
Cultivation teams should know the transfer exception excludes losses caused by negligence or mismanagement by employees. That makes environmental logs, maintenance records and pest-control documentation part of the job, not paperwork to catch up on later.
Dispensary staff should expect changes in how devices are stored and shown, since nothing can sit in the waiting area or be visible from outside. They should also expect to help with recall outreach if a device is pulled.
The bigger picture
Florida already operates these processes under emergency rules. Making them permanent gives operators a stable process for crop-loss supply and device approvals. Comments filed now are the main chance to shape the final text.
Related on The Weekly Joint: DEA registers 900+ medical dispensaries, including Florida · Oklahoma’s edibles law bans kid-appealing shapes · Archive
Sources
This article is general information, not legal or medical advice. These are proposed rules and may change before adoption. OMMU rules contact: [email protected], (850) 245-4657.
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