F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 467 2022
1 A bill to be entitled
2 An act relating to legalization of recreational
3 marijuana; amending s. 20.14, F.S.; establishing the
4 Division of Cannabis Management under the Department
5 of Agriculture and Consumer Services; creating ch.
6 566, F.S., entitled "Recreational Marijuana";
7 providing definitions relating to regulation of
8 recreational marijuana; exempting certain activities
9 involving marijuana from use and possession offenses;
10 authorizing persons age 21 and over to engage in
11 certain activities involving personal use of marijuana
12 in limited amounts; providing limits on where persons
13 may engage in specified activities; prohibiting the
14 use of false identification by persons under 21 years
15 of age for specified activities relating to
16 recreational marijuana; providing noncriminal
17 penalties; providing for alternative sentencing;
18 providing for licensure of marijuana establishments
19 that may engage in the manufacture, possession, or
20 purchase of marijuana, marijuana products, and
21 marijuana accessories or sell marijuana, marijuana
22 products, or marijuana accessories to a consumer;
23 specifying duties of the Division Cannabis Management;
24 providing for enforcement of regulatory provisions;
25 authorizing agreements with other entities for certain
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26 enforcement activities; requiring an annual report;
27 providing for licensing of marijuana establishments;
28 providing for a licenses process; providing limits on
29 the number of retail marijuana stores in localities
30 based on population; providing standards for
31 prospective licensees; providing requirements for
32 marijuana establishments; providing restrictions on
33 the location of marijuana establishments; prohibiting
34 certain activities by marijuana establishments;
35 providing procedures when a marijuana establishment's
36 license expires; authorizing localities to prohibit
37 one or more types of marijuana establishments through
38 local ordinance; authorizing localities to specify an
39 entity within the locality to be responsible for
40 processing applications for a license to operate a
41 marijuana establishment; providing for submission of
42 applications to localities if the division has not
43 issued establishment licenses by a specified date;
44 specifying duties of the Attorney General concerning
45 federal subpoenas; providing an exemption from
46 specified provisions for marijuana research;
47 specifying that the chapter does not apply to employer
48 drug policies or operating under the influence laws;
49 specifying that the chapter does not allow persons
50 under 21 years of age to engage in activities
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51 permitted therein; providing that the rights of
52 property owners are not affected; authorizing
53 rulemaking; specifying that conduct allowed by the
54 chapter may not be considered the basis for the
55 finding of a lack of good moral character as that term
56 is used in law; providing criminal penalties for
57 violations; creating s. 570.551, F.S.; providing
58 duties of the Division of Cannabis Management;
59 providing that the director of the division be
60 appointed by, and serve at the pleasure of, the
61 Commissioner of the Department of Agriculture and
62 Consumer Services; providing that the director of the
63 division shall perform specified activities of the
64 division, exercise certain powers and duties as
65 authorized by the commissioner, and enforce specified
66 provisions and rules as authorized by the department;
67 creating s. 570.552, F.S.; providing for emergency
68 rulemaking; requiring the division to undertake
69 rulemaking by a specified date; amending s. 500.03,
70 F.S.; providing that marijuana establishments that
71 sell food containing marijuana are considered food
72 service establishments for the purposes of specified
73 regulations; creating s. 500.105, F.S.; specifying
74 that food products containing marijuana that are
75 prepared in permitted food establishments and sold by
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76 certain marijuana establishments are not considered
77 adulterated; amending s. 562.13, F.S.; providing that
78 it is unlawful for marijuana establishments to employ
79 persons under 18 years of age; amending s. 569.0073,
80 F.S.; exempting licensed marijuana establishments from
81 specified provisions regulating the sale of pipes and
82 smoking devices; amending s. 893.03, F.S.; removing
83 cannabis from the schedule of controlled substances;
84 amending ss. 893.13 and 893.135, F.S.; providing that
85 conduct authorized under chapter 566, F.S., is not
86 prohibited by specified controlled substance
87 prohibitions; removing restrictions of possession and
88 sale of cannabis; creating s. 893.13501, F.S.;
89 providing for retroactive effect of amendments to ss.
90 893.03, 89.013, and 893.135, F.S., by this act;
91 providing for sentencing review for certain offenders;
92 requiring notice to certain offenders; providing
93 procedures for resentencing or release of offenders;
94 providing exceptions; amending s. 921.0022, F.S.;
95 conforming provisions to changes made by the act;
96 providing effective dates.
97
98 Be It Enacted by the Legislature of the State of Florida:
99
100 Section 1. Paragraph (m) is added to subsection (2) of
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101 section 20.14, Florida Statutes, to read:
102 20.14 Department of Agriculture and Consumer Services. —
103 There is created a Department of Agriculture and Consumer
104 Services.
105 (2) The following divisions of the Department of
106 Agriculture and Consumer Services are established:
107 (m) Cannabis Management.
108 Section 2. Chapter 566, Florida Statutes, consisting of
109 ss. 566.031 through 566.043, is created and entitled,
110 "Recreational Marijuana."
111 Section 3. Section 566.031, Florida Statutes, is created
112 to read:
113 566.031 Definitions.—As used in this part, the term:
114 (1) "Consumer" means a person 21 years of age or older who
115 purchases marijuana or marijuana products for personal use by
116 persons 21 years of age or older, but not for resale to others.
117 (2) "Department" means the Department Agriculture and
118 Consumer Services.
119 (3) "Division" means the Division of Cannabis Management.
120 (4) "Licensee" means any individual, partnership,
121 corporation, firm, association, or other legal entity holding a
122 marijuana establishment license within the state.
123 (5) "Locality" means a municipality or, in reference to a
124 location in the unorganized territory, the county in which that
125 locality is located.
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126 (6) "Marijuana" means all parts of the plant of the genus
127 cannabis, whether growing or not, the seeds thereof, the resin
128 extracted from any part of the plant, and every compound,
129 manufacture, salt, derivative, mixture, or preparation of the
130 plant, its seeds, or its resin, including marijuana concentrate.
131 The term does not include industrial hemp; fiber produced from
132 the stalks, oil, cake made from the seeds of the plant;
133 sterilized seeds of the plant that are incapable of germination;
134 or the weight of any ingredient combined with marijuana to
135 prepare topical or oral administrations, food, drink, or any
136 other product.
137 (7) "Marijuana accessories" means equipment, products, or
138 materials of any kind that are used, intended, or designed for
139 use in planting, propagating, cultivating, growing, harvesting,
140 composting, manufacturing, compounding, converting, producing,
141 processing, preparing, testing, analyzing, packaging,
142 repackaging, storing, vaporizing, or containing marijuana or for
143 ingesting, inhaling, or otherwise introducing marijuana into the
144 human body.
145 (8) "Marijuana consumption site" means an entity licensed
146 to purchase marijuana from a marijuana cultivation facility and
147 marijuana products from a marijuana product manufacturing
148 facility and to sell marijuana and marijuana products to
149 consumers for consumption on the premises.
150 (9) "Marijuana cultivation facility" means an entity
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151 licensed to cultivate, prepare, and package and sell marijuana
152 to marijuana consumption sites, retail marijuana stores, to
153 marijuana product manufacturing facilities, and to other
154 marijuana cultivation facilities, but not to consumers.
155 (10) "Marijuana establishment" means a marijuana
156 consumption site, marijuana cultivation facility, marijuana
157 testing facility, marijuana product manufacturing facility, or
158 retail marijuana store.
159 (11) "Marijuana product manufacturing facility" means an
160 entity licensed to:
161 (a) Purchase marijuana;
162 (b) Manufacture, prepare, and package marijuana products;
163 or
164 (c) Sell marijuana and marijuana products to other
165 marijuana product manufacturing facilities and to marijuana
166 consumption sites and retail marijuana stores, but not to
167 consumers.
168 (12) "Marijuana products" means concentrated marijuana and
169 products that consist of marijuana and other ingredients and are
170 intended for use or consumption, including, but not limited to,
171 edible products, ointments, and tinctures.
172 (13) "Marijuana testing facility" means an entity licensed
173 to analyze and certify the safety and potency of marijuana.
174 (14) "Minor" means a person under 21 years of age.
175 (15) "Retail marijuana store" means an entity licensed to
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176 purchase marijuana from a marijuana cultivation facility and
177 marijuana products from a marijuana product manufacturing
178 facility and to sell marijuana and marijuana products to
179 consumers for consumption off the premises.
180 (16) "Seedling" means a marijuana plant that has no
181 flowers, is less than 12 inches in height, and is less than 12
182 inches in diameter.
183 Section 4. Section 566.032, Florida Statutes, is created
184 to read:
185 566.032 Exemption from criminal and noncriminal penalties,
186 seizure, or forfeiture.—Notwithstanding chapter 893 or any other
187 provision of law, and except as provided in this part, the
188 actions specified in this part are legal under the laws of this
189 state and do not constitute a civil or criminal offense under
190 the laws of this state or the law of any political subdivision
191 within this state or serve as a basis for seizure or forfeiture
192 of assets under state law.
193 Section 5. Section 566.033, Florida Statutes, is created
194 to read:
195 566.033 Personal use of marijuana.—
196 (1) A person who is 21 years of age or older may:
197 (a) Use, possess, or transport marijuana accessories and
198 up to 2.5 ounces of marijuana.
199 (b) Transfer or furnish, without remuneration, up to 2.5
200 ounces of marijuana and up to 6 seedlings to a person who is 21
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201 years of age or older.
202 (c) Possess, grow, cultivate, process, or transport up to
203 6 marijuana plants, including seedlings, and possess the
204 marijuana produced by the marijuana plants on the premises where
205 the plants were grown.
206 (d) Purchase up to 2.5 ounces of marijuana, up to 6
207 seedlings, and marijuana accessories from a retail marijuana
208 store.
209 (2) The following apply to the cultivation of marijuana
210 for personal use by a person who is 21 years of age or older:
211 (a) A person may cultivate up to 6 marijuana plants,
212 including seedlings, at that person's place of residence, on
213 property owned by that person, or on another person's property
214 with permission of the owner of the other property.
215 (b) A person who