Florida Senate - 2022 SB 776



By Senator Brandes





24-00030-22 2022776__
1 A bill to be entitled
2 An act relating to the availability of marijuana for
3 adult use; amending s. 212.08, F.S.; revising the
4 sales tax exemption for the sale of marijuana and
5 marijuana delivery devices to apply only to purchases
6 by qualified patients and caregivers; amending s.
7 381.986, F.S.; revising definitions; revising
8 background screening requirements for caregivers;
9 revising provisions related to the licensure and
10 functions of medical marijuana treatment centers
11 (MMTCs); requiring the Department of Health to adopt
12 by rule certain standards and procedures; requiring
13 the department to adopt by rule a certain MMTC
14 registration form; specifying registration
15 requirements; providing that a registration expires
16 after a specified time; requiring an MMTC to obtain
17 separate operating licenses to perform certain
18 operations; specifying application requirements for
19 MMTCs to obtain cultivation licenses and processing
20 licenses; providing for the expiration of and renewal
21 of such licenses; requiring an MMTC to obtain a
22 facility permit before cultivating or processing
23 marijuana in the facility; authorizing MMTCs licensed
24 to cultivate or process marijuana to use contractors
25 to assist with the cultivation and processing of
26 marijuana under certain conditions; requiring work
27 done by the contractors to be at permitted facilities;
28 requiring the contractors to register principals and
29 employees; providing for the destruction of certain
30 marijuana byproducts within a specified timeframe
31 after their production; authorizing MMTCs licensed to
32 cultivate and process marijuana to sell marijuana at
33 wholesale to other registered MMTCs under certain
34 circumstances; prohibiting an MMTC from transporting
35 or delivering marijuana outside of its property
36 without a transportation license; providing
37 requirements for the cultivation and processing of
38 marijuana; deleting a requirement that each MMTC
39 produce and make available for purchase at least one
40 low-THC cannabis product; deleting certain
41 tetrahydrocannabinol limits for edibles; requiring an
42 MMTC that holds a license for processing to test
43 marijuana before it is sold in addition to when it is
44 dispensed; deleting obsolete language; revising
45 marijuana packaging requirements; providing
46 application requirements for an MMTC to obtain a
47 retail license; providing for the expiration and
48 renewal of such license; requiring an MMTC to obtain a
49 facility permit before selling, dispensing, or storing
50 marijuana in a facility; requiring an MMTC to cease
51 certain operations in a facility under certain
52 circumstances; prohibiting a dispensing facility from
53 repackaging or modifying marijuana that has already
54 been packaged for sale; providing exceptions;
55 authorizing a retail licensee to contract with an MMTC
56 that has a transportation license to transport
57 marijuana for the retail licensee under certain
58 circumstances; prohibiting onsite consumption or
59 administration of marijuana at a dispensing facility;
60 revising requirements for the dispensing of marijuana;
61 requiring a licensed retail MMTC to include specified
62 information on the label for marijuana or a marijuana
63 delivery device dispensed to a qualified patient or
64 caregiver; authorizing an MMTC to sell marijuana to an
65 adult 21 years of age or older under certain
66 circumstances; requiring MMTC employees to verify the
67 age of such buyers using specified methods;
68 prohibiting an MMTC from requesting or storing any
69 personal information of a buyer other than that needed
70 to verify the buyer’s age; deleting a provision
71 prohibiting an MMTC from dispensing or selling
72 specified products; revising safety and security
73 requirements for MMTCs; providing application
74 requirements for an MMTC to obtain a transportation
75 license; providing marijuana transportation
76 requirements; prohibiting the transportation of
77 marijuana on certain properties; prohibiting the
78 transportation of marijuana in a vehicle that is not
79 owned or leased by a licensee or the licensee’s
80 contractor and not appropriately permitted by the
81 department; providing a process for the issuance and
82 cancellation of vehicle permits; requiring MMTCs to
83 designate a registered employee or contract employee
84 as the driver for each permitted vehicle; requiring
85 the designation to be displayed in the vehicle at all
86 times; requiring that each permitted vehicle be GPS
87 monitored; specifying that a permitted vehicle
88 transporting marijuana is subject to inspection and
89 search without a search warrant by specified persons;
90 authorizing an MMTC licensed to transport marijuana
91 and marijuana delivery devices to deliver or contract
92 for the delivery of marijuana and marijuana delivery
93 devices to other MMTCs within this state, to qualified
94 patients and caregivers within this state, and to
95 adults 21 years of age or older within this state;
96 establishing that a county or municipality may not
97 prohibit deliveries of marijuana or marijuana delivery
98 devices to qualified patients and caregivers within
99 the county or municipality; requiring an MMTC
100 delivering marijuana or a marijuana delivery device to
101 a qualified patient or his or her caregiver to verify
102 the identity of the qualified patient; requiring an
103 MMTC delivering marijuana to an adult 21 years of age
104 or older to verify his or her age; requiring the
105 department to adopt certain rules for the delivery of
106 marijuana; authorizing MMTCs to use contractors to
107 assist with the transportation of marijuana;
108 specifying that an MMTC is responsible for a
109 contractor’s actions and operations related to the
110 transportation of marijuana; requiring an MMTC to know
111 the location of all of its marijuana products at all
112 times; requiring principals and employees of a
113 contractor to register with the department and receive
114 an MMTC employee identification card before
115 participating in the operations of an MMTC; providing
116 for the permitting of cultivation, processing,
117 dispensing, and storage facilities; requiring the
118 department to adopt by rule a facility permit
119 application form; requiring the department to inspect
120 a facility before issuing a permit; requiring the
121 department to issue or deny a facility permit within a
122 specified timeframe; providing for the expiration of
123 facility permits; requiring the department to inspect
124 a facility for compliance before the renewal of a
125 facility permit; requiring an MMTC to cease applicable
126 operations if a facility’s permit expires or is
127 suspended or revoked; requiring cultivation facilities
128 and processing facilities to be insured with specified
129 hazard and liability insurance; providing cultivation
130 facility and processing facility requirements;
131 preempting to the state all matters regarding the
132 permitting and regulation of cultivation facilities
133 and processing facilities; requiring dispensing
134 facilities and storage facilities to be insured with
135 specified hazard and liability insurance; providing
136 dispensing facility and storage facility requirements;
137 clarifying that the governing body of a county or a
138 municipality may prohibit or limit the number of
139 dispensing facilities located within its jurisdiction
140 but may not prohibit a licensed retail MMTC or its
141 permitted storage facility from being located in such
142 county’s or municipality’s jurisdiction if the MMTC is
143 delivering marijuana to qualified patients in that
144 jurisdiction; prohibiting the department from issuing
145 a facility permit for a dispensing facility in a
146 county or municipality that adopts a specified
147 ordinance; authorizing a county or municipality to
148 levy a local tax on a dispensing facility; providing
149 that local ordinances may not result in or provide for
150 certain outcomes; authorizing the department to adopt
151 specified requirements by rule; requiring the
152 department to adopt rules to administer the
153 registration of certain MMTC principals, employees,
154 and contractors; requiring an MMTC to apply to the
155 department for the registration of certain persons
156 before hiring or contracting with any such persons;
157 requiring the department to adopt by rule a
158 registration form that includes specified information;
159 requiring the department to register persons who
160 satisfy specified conditions and issue them MMTC
161 employee identification cards; requiring a registered
162 person and the MMTC to update the department within a
163 specified timeframe if certain information or the
164 person’s employment status changes; authorizing the
165 department to contract with vendors to issue MMTC
166 employee identification cards; requiring the
167 department to inspect an MMTC and its facilities upon
168 receipt of a complaint and to inspect each permitted
169 facility at least biennially; authorizing the
170 department to conduct additional inspections of a
171 facility under certain circumstances; authorizing the
172 department to suspend, revoke, or refuse to renew an
173 MMTC’s registration, operating licenses, vehicle
174 permits, or facility permits for violating certain
175 provisions; requiring the department to refuse to
176 renew an MMTC’s cultivation, processing, retail, or
177 transportation license under certain circumstances;
178 revising provisions related to penalties and fees to
179 conform to changes made by the act; providing
180 applicability; deleting obsolete language; creating s.
181 381.990, F.S.; authorizing a person 21 years of age or
182 older to purchase marijuana products, marijuana in a
183 form for smoking, and marijuana delivery devices under
184 certain circumstances; providing that such products be
185 purchased from an MMTC licensed by the department for
186 the retail sale of marijuana and registered with the
187 Department of Business and Professional Regulation for
188 sale of marijuana for adult use; providing penalties;
189 authorizing a person 21 years of age or older to
190 possess, use, transport, or transfer to another person
191 21 years of age or older marijuana products, marijuana
192 in a form for smoking, and marijuana delivery devices
193 under certain circumstances; providing limitations and
194 penalties; clarifying that a private property owner
195 may restrict the smoking or vaping of marijuana on his
196 or her property but a landlord may not prevent his or
197 her tenants from possessing or using marijuana by
198 other means; providing that certain provisions do not
199 exempt a person from prosecution for a criminal
200 offense related to impairment or intoxication
201 resulting from the use of marijuana and do not relieve
202 a person from any legal requirement to submit to
203 certain tests to detect the presence of a controlled
204 substance; requiring the Department of Agriculture and
205 Consumer Services to conduct a study on the harms and
206 benefits of allowing the cultivation of marijuana by
207 members of the public for private use, including use
208 of a specified model; requiring the department to
209 report the results of the study to the Governor and
210 the Legislature by a specified date; amending s.
211 893.13, F.S.; authorizing a person 21 years of age or
212 older to deliver marijuana products to another person
213 21 years of age or older and to possess marijuana
214 products in a specified amount under certain
215 circumstances; providing criminal penalties for the
216 delivery or possession of marijuana products by a
217 person younger than 21 years of age under certain
218 circumstances; creating s. 893.1352, F.S.; providing
219 legislative intent; providing for the retroactive
220 applicability of s. 893.13, F.S.; requiring certain
221 sentences for specified offenses; requiring sentence
222 review hearings for individuals serving certain
223 sentences for specified crimes, if requested;
224 providing requirements for sentence review and
225 resentencing; requiring the waiver of certain
226 conviction-related fines, fees, and costs under
227 certain circumstances; amending s. 893.147, F.S.;
228 authorizing a person 21 years of age or older to
229 possess, use, transport, or deliver, without
230 consideration, a marijuana delivery device to a person
231 21 years of age or older; providing criminal penalties
232 for the possession, use, transport, or delivery,
233 without consideration, of a marijuana delivery device
234 by a person younger than 21 years of age under certain
235 circumstances; creating s. 943.0586, F.S.; defining
236 terms; authorizing an individual convicted of certain
237 crimes to petition the court for expunction of his or
238 her criminal history record under specified
239 circumstances; requiring such individual to first
240 obtain a certificate of eligibility for expunction
241 from the Department of Law Enforcement; requiring the
242 department to adopt rules establishing the procedures
243 for applying for and issuing such certificates;
244 requiring the department to issue a certificate of
245 eligibility for expunction under specified
246 circumstances; providing for the expiration of and
247 reapplication for such certificate; providing
248 requirements for the petition for expunction;
249 providing criminal penalties; providing for the
250 court’s authority over its own procedures, with an
251 exception; requiring the court to order the expunction
252 of a criminal history record under certain
253 circumstances; clarifying that expunction of certain
254 criminal history records does not affect eligibility
255 for expunction of other criminal history records;
256 providing requirements for processing expunction
257 petitions and orders; providing that a person granted
258 an expunction may lawfully deny or fail to acknowledge
259 the underlying arrest or conviction, with exceptions;
260 providing that a person may not be deemed to have
261 committed perjury or otherwise held liable for giving
262 a false statement if he or she fails to recite or
263 acknowledge an expunged criminal history record;
264 amending s. 893.15, F.S.; conforming a provision to
265 changes made by the act; providing effective dates.
266
267 Be It Enacted by the Legislature of the State of Florida:
268
269 Section 1. Paragraph (l) of subsection (2) of section
270 212.08, Florida Statutes, is amended to read:
271 212.08 Sales, rental, use, consumption, distribution, and
272 storage tax; specified exemptions.—The sale at retail, the
273 rental, the use, the consumption, the distribution, and the
274 storage to be used or consumed in this state of the following
275 are hereby specifically exempt from the tax imposed by this
276 chapter.
277 (2) EXEMPTIONS; MEDICAL.—
278 (l) Marijuana and marijuana delivery devices, as defined in
279 s. 381.986, are exempt from the taxes imposed under this