Florida Issues Regulations to Allow Sales of Edible Cannabis Products

August 28, 2020Alerts

Florida’s Office of Medical Marijuana Use issued an emergency rule on August 26, 2020, that authorizes the production, marketing and sale of edible cannabis products.

The Rule, titled Standards for Production of Edibles, is the final piece of regulation needed to enable licensed Medical Marijuana Treatment Centers (MMTC) to sell edibles in Florida. Among other things, the Rule requires compliance with all requirements for food establishments generally under Chapter 500 of the Florida Statutes, and that production take place in approved processing facilities and in compliance with Packaging and Labeling Rules applicable to an MMTC.

Prior to producing and dispensing edibles, an MMTC is required under the Rule to obtain department approval of each edible product intended for production and dispensary. These approval are made on a case-by-case basis.

The Rule limits the scope and design of edibles. These limits include shapes (square, circle, rectangle, triangle, parallelogram, oval or diamond), as well as ingredients. Edibles cannot contain meat, poultry or fish (providing the gelatin is specifically excluded from the definition of meat, poultry or fish). To minimize attractiveness to children, the products cannot use primary or bright colors and cannot resemble any commercially available candy.

The Rule also regulates THC content in edible products and mandates universal marks for the products.

Now that cannabis edibles have been approved, Florida dispensaries will be permitted to offer a full range of products. 

For more information about this alert, contact Eric J. Michaels at 561.804.4495 or [email protected] or Dori K. Stibolt at 561.804.4417 or [email protected].