With the release of a much-anticipated rule on solvent-based extraction, Medical Marijuana Treatment Centers (MMTCs) in Florida will be permitted to diversify product offerings and qualified medical marijuana patients will gain access to a variety of derivative products that have been otherwise prohibited in Florida until now.

On August 24, 2021, the Florida Department of Health Office of Medical Marijuana Use (OMMU) published its Solvent-Based Extraction Rule. Before the release of this new Emergency Rule, MMTCs were prohibited under section 381.986 of the Florida Statutes from producing hydrocarbon extracted products until OMMU determined the requirements for how MMTCs can use solvents or gases exhibiting potential toxicity to humans. As a result, MMTCs were primarily segmented towards carbon dioxide (CO₂) or organic extraction methods in processing and manufacturing medical marijuana products.

Now MMTCs can utilize hydrocarbon solvents like N-butane, isobutane, propane, pentane and heptane in processing and manufacturing medical marijuana products.

Securing Approval From OMMU

In order to create products using hydrocarbon extraction methods, MMTCs are required to submit a Request for Solvent-Based Extraction Form and receive written approval from OMMU that specifies the types of solvents it is authorized to use. More than one type of solvent may be used, including hydrocarbon, carbon dioxide and organic solvents.

MMTCs currently engaged in and approved to use carbon dioxide or organic extraction methods must also complete and submit the required Request for Solvent-Based Extraction Form and adhere to the compliance requirements delineated in Emergency Rule 64ER21-13 on or before August 23, 2022.

The compliance requirements include, but are not limited to, the following:

• All extraction equipment must be inspected and approved biennially by local fire code officials.
• Employees performing extraction methods must be trained pursuant to SOPs and trained in safety and application from the Extraction System manufacturer.
• Maintenance SOPs for the safety and operation of all Solvent-Based Extraction equipment.
• Maintenance manufacturer training documentation for employees performing extractions.
• Prominently display the list of trained and certified employees inside or immediately outside of the extraction area.
• Comply with applicable National Fire Protection Association (“NFPA”)codes and standards for the storage, handling, and disposal of solvents.

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