Fla. Admin. Code R. 64ER24-2

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64ER24-2 - MMTC STS Tracking System Procedures

(1) For the purposes of this rule, the following definitions apply:

(a) "Department STS Tracking System" means the computer software seed-to-sale (STS) tracking system established, maintained, and controlled by the department pursuant to s. 381.986(8)(d), F.S.

(b) "Internal STS Tracking System" means an MMTC's own computer software seed-to-sale tracking system.

(c) "Point-of-sale system" means a computer software system used by an MMTC to accept payments from customers and track sales of marijuana delivery devices and usable product. An MMTC's Internal STS Tracking System may also serve as the MMTC's point-of-sale system.

(d) "Unique product ID" means a unique combination of letters, numbers, or special characters selected by an MMTC and assigned to each type of usable product and marijuana delivery device made available to qualified patients. Usable products of the same cultivar, size, volume, flavor, ratio of tetrahydrocannabinol to cannabidiol, and route of administration shall be considered a single product type for purposes of assigning a unique product ID. The stock-keeping unit (SKU) number assigned to an MMTC's usable product or marijuana delivery device may also serve as the unique product ID so long as the SKU number is unique to each product type and marijuana delivery device.

(2) An MMTC's Internal STS Tracking System must remain fully integrated with the Department STS Tracking System, as provided in the MMTC Seed-to-Sale System Integration rule. If an MMTC's Internal STS Tracking System disconnects from the Department STS Tracking System for more than 2 hours (meaning communication between the two systems is disrupted), the MMTC must notify the department of the disruption no later than three hours after the disconnection begins. Notice must be sent to the department via email at ommu_seedtosale@flhealth.gov.

(3) An MMTC shall configure its Internal STS Tracking System in such a manner that it provides to the department, through the application programming interface (API) technology, the information contained in Form DH5059-OMMU-11/2023, "MMTC Seed-to-Sale Required Data Collection Document," incorporated by reference herein and available at: https://knowthefactsmmj.com/rules-and-regulations/. An MMTC shall ensure that its Internal STS Tracking System provides the department all required information in accordance with the timeframes stated in the MMTC Seed-to-Sale Required Data Collection Document form.

(4) An MMTC shall retain all data recorded in its Internal STS Tracking System for a period of 3 years from the date of entry. Additionally, an MMTC shall, within 48 hours of the department's request, provide the department, in CSV file format, the native data and information contained in the MMTC's Internal STS Tracking System.

(5) The only persons authorized to use or access the MMTC's Internal STS Tracking System are:

(a) An MMTC owner, officer, manager, or employee;

(b) The MMTC's Internal STS Tracking System vendor; and

(c) The Department STS Tracking System vendor.

An MMTC shall be subject to disciplinary action in accordance with Rule 64-4.210, F.A.C., for allowing anyone other than the above-listed persons (including, but not limited to, third-party websites) to use or access information contained in its Internal STS Tracking System.

(6) An MMTC shall identify a primary individual and secondary individual to serve as its Internal STS Tracking System's technical contacts by completing Form DH5057-OMMU-11/2023, "MMTC Seed-to-Sale Tracking System Technical Contact Notification," incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations/, and submitting the completed form to the department via email at ommu_seedtosale@flhealth.gov. These technical contacts shall be the MMTC's point of contact with the department regarding the MMTC's Internal STS Tracking System. An MMTC may update its technical contacts by submitting a revised MMTC Seed-to-Sale Tracking System Technical Contact Notification form to the department.

(7) Usable whole flower marijuana dispensed by an MMTC and recorded in its Internal STS Tracking System in ounces will be converted to grams by the Department STS Tracking System using the following equation: 1g = 0.0353 oz.

(8) An MMTC must record the dispensation of usable product in its Internal STS Tracking System under only one route of administration that has been approved by the qualified physician for the qualified patient (i.e., usable product approved for inhalation must be dispensed and recorded in the MMTCs Internal STS Tracking System under inhalation).

(9) An MMTC shall use the usable product's department-approved product name when recording and tracking a product in its point-of-sale system and Internal STS Tracking System.

(10) An MMTC shall assign a unique product ID to each type of usable product and marijuana delivery device made available to qualified patients. An MMTC shall use the unique product ID when recording and tracking a product or device in its point-of-sale system and Internal STS Tracking System, as provided in the MMTC Seed-to-Sale Required Data Collection Document form.

(11) An MMTC shall generate a marijuana transportation manifest from its Internal STS Tracking System each time the MMTC transports marijuana. The transportation manifest generated from the MMTC's Internal STS Tracking System shall comply with the requirements of section 381.986(8)(g), F.S.

(12) When recording information in its Internal STS Tracking System, an MMTC shall identify with specificity the precise location (e.g., room, storage unit, or other designated area) where the marijuana is located at the facility. An MMTC's Internal STS Tracking System shall, at all times, accurately identify the specific location of marijuana within the MMTC's facility.

(13) An MMTC shall provide the department written justification for any changes to weight or count inventory, as reflected in the MMTC's internal STS tracking system, that do not result from a processing step, dispensation of marijuana, wholesale purchase or distribution of marijuana, or disposal of waste. The written justification shall be provided to the department via email at ommu_seedtosale@flhealth.gov within 12 hours of the weight or count adjustment.

Fla. Admin. Code Ann. R. 64ER24-2

Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(8)(k), F.S. Law Implemented Art. X, § 29, Fla. Const., 381.986(8)(d), 381.986(8)(e), 381.986(8)(g), F.S.

Adopted by Florida Register Volume 50, Number 011, January 17, 2024 effective 1/12/2024 (EMERGENCY).