Florida Senate - 2022 SB 1696



By Senator Farmer





34-00118C-22 20221696__
1 A bill to be entitled
2 An act relating to adult use marijuana legalization;
3 amending s. 20.14, F.S.; establishing the Division of
4 Cannabis Management within the Department of
5 Agriculture and Consumer Services; creating ch. 566,
6 F.S., relating to recreational marijuana; defining
7 terms; providing for the distribution of revenues;
8 requiring the division to provide, beginning on a
9 specified date, an annual report to the Legislature;
10 prohibiting the use of false identification by persons
11 under 21 years of age for specified activities
12 relating to recreational marijuana; providing
13 noncriminal penalties; providing for alternative
14 sentencing; exempting certain activities involving
15 marijuana from use and possession offenses;
16 authorizing persons 21 years of age or older to engage
17 in certain activities involving the personal use,
18 possession, transport, and cultivation of marijuana in
19 limited amounts; providing limits on where persons may
20 engage in specified activities; providing noncriminal
21 penalties; preempting the regulation of possession of
22 marijuana to the state; authorizing certain entities
23 to engage in specified activities relating to
24 marijuana; providing construction; specifying the
25 duties of the division relating to marijuana
26 regulation; providing for enforcement of regulatory
27 provisions; authorizing agreements with other entities
28 for certain enforcement activities; requiring annual
29 reports; providing for licensing of marijuana
30 establishments; providing standards for prospective
31 licensees; providing restrictions on the location of
32 marijuana establishments; prohibiting certain
33 activities by marijuana establishments; providing
34 procedures when a marijuana establishment’s license
35 expires; authorizing retail marijuana stores to submit
36 a request to the Department of Health to be considered
37 a medical marijuana treatment center; requiring the
38 department to approve such request under certain
39 circumstances; exempting such stores from specified
40 requirements under certain circumstances; authorizing
41 caregivers and qualified patients to obtain marijuana
42 for medical use from such stores; authorizing
43 localities to prohibit one or more types of marijuana
44 establishments through local ordinance; providing for
45 submission of applications to localities if the
46 division has not issued marijuana establishment
47 licenses by a specified date; specifying duties of the
48 Attorney General concerning certain federal subpoenas;
49 providing an exemption from specified provisions for
50 marijuana research; specifying that ch. 566, F.S.,
51 does not apply to employer drug policies or laws
52 governing operating under the influence; prohibiting
53 an employer from restricting the use of marijuana by
54 its employees outside of the workplace; providing an
55 exception; specifying that ch. 566, F.S., does not
56 allow persons under 21 years of age to engage in
57 activities permitted therein; declaring that the
58 rights of property owners are not affected; providing
59 applicability relating to compassionate use of low-THC
60 cannabis; requiring the division to adopt certain
61 rules; specifying that conduct allowed by ch. 566,
62 F.S., may not be considered the basis for the finding
63 of a lack of good moral character as that term is used
64 in law; providing for emergency rulemaking; amending
65 s. 500.03, F.S.; providing that marijuana
66 establishments that sell food containing marijuana are
67 considered food establishments for the purposes of
68 specified regulations; creating s. 500.105, F.S.;
69 specifying that food products containing marijuana
70 which are prepared in permitted food establishments
71 and sold by licensed marijuana establishments are not
72 considered adulterated; amending s. 562.13, F.S.;
73 providing that it is unlawful for marijuana
74 establishments to employ persons under 18 years of
75 age; amending s. 569.0073, F.S.; exempting licensed
76 marijuana establishments from specified provisions
77 regulating the sale of pipes and smoking devices;
78 amending ss. 893.13 and 893.135, F.S.; providing that
79 conduct authorized under ch. 566, F.S., is not
80 prohibited by specified controlled substance
81 prohibitions; creating s. 943.0586, F.S.; defining
82 terms; authorizing an individual convicted of certain
83 crimes to petition the court for expunction of his or
84 her criminal history record under certain
85 circumstances; requiring the individual to first
86 obtain a certificate of eligibility from the
87 Department of Law Enforcement; requiring the
88 department to adopt rules establishing the procedures
89 for applying for and issuing such certificates;
90 requiring the department to issue a certificate under
91 certain circumstances; providing for the expiration of
92 and reapplication for the certificate; providing
93 requirements for the petition for expunction;
94 providing criminal penalties; providing for the
95 court’s authority over its own procedures, with an
96 exception; requiring the court to order the expunction
97 of a criminal history record under certain
98 circumstances; clarifying that expunction of certain
99 criminal history records does not affect eligibility
100 for expunction of other criminal history records;
101 providing procedures for processing expunction
102 petitions and orders; providing that a person granted
103 an expunction may lawfully deny or fail to acknowledge
104 the underlying arrest or conviction, with exceptions;
105 providing that a person may not be deemed to have
106 committed perjury or otherwise held liable for giving
107 a false statement if he or she fails to recite or
108 acknowledge an expunged criminal history record;
109 prohibiting courts from requiring the payment of
110 certain fees or costs relating to such petitions;
111 prohibiting a person from being denied employment
112 under certain circumstances; providing a contingent
113 effective date.
114
115 Be It Enacted by the Legislature of the State of Florida:
116
117 Section 1. Present paragraphs (e) through (l) of subsection
118 (2) of section 20.14, Florida Statutes, are redesignated as
119 paragraphs (f) through (m), respectively, and a new paragraph
120 (e) is added to that subsection, to read:
121 20.14 Department of Agriculture and Consumer Services.
122 There is created a Department of Agriculture and Consumer
123 Services.
124 (2) The following divisions of the Department of
125 Agriculture and Consumer Services are established:
126 (e) Cannabis Management.
127 Section 2. Chapter 566, Florida Statutes, consisting of ss.
128 566.011-566.042, is created to read:
129 CHAPTER 566
130 RECREATIONAL MARIJUANA
131 PART I
132 TAX
133 566.011 Definitions.—As used in this part, the term:
134 (1) “Department” means the Department of Agriculture and
135 Consumer Services.
136 (2) “Division” means the Division of Cannabis Management of
137 the department.
138 (3) “Marijuana” means all parts of the plant of the genus
139 Cannabis, whether growing or not, the seeds thereof, the resin
140 extracted from any part of the plant, and every compound,
141 manufacture, salt, derivative, mixture, or preparation of the
142 plant, its seeds, or its resin, including marijuana concentrate.
143 The term does not include industrial hemp or hemp extract, fiber
144 produced from the stalks of the plant, cake made from the seeds
145 of the plant, sterilized seed of the plant which is incapable of
146 germination, or the weight of any ingredient combined with
147 marijuana to prepare topical or oral administrations, food,
148 drink, or any other product.
149 (4) “Marijuana consumption site” means an entity licensed
150 to allow smoking or ingesting marijuana on the premises.
151 (5) “Marijuana cultivation facility” means an entity
152 licensed to cultivate, prepare, and package and sell marijuana
153 to retail marijuana stores, to marijuana consumption sites, to
154 marijuana product manufacturing facilities, and to other
155 marijuana cultivation facilities, but not to consumers.
156 (6) “Marijuana establishment” means a marijuana cultivation
157 facility, marijuana testing facility, marijuana product
158 manufacturing facility, marijuana consumption site, or retail
159 marijuana store.
160 (7) “Marijuana product manufacturing facility” means an
161 entity licensed to:
162 (a) Purchase marijuana.
163 (b) Manufacture, prepare, and package marijuana products.
164 (c) Sell marijuana and marijuana products to other
165 marijuana product manufacturing facilities and to retail
166 marijuana stores, but not to consumers.
167 (8) “Marijuana products” means concentrated marijuana and
168 products that consist of marijuana and other ingredients and are
169 intended for use or consumption, including, but not limited to,
170 edible products, ointments, and tinctures.
171 (9) “Marijuana testing facility” means an entity licensed
172 to analyze and certify the safety and potency of marijuana.
173 (10) “Retail marijuana store” means an entity licensed to
174 purchase marijuana from a marijuana cultivation facility and
175 marijuana products from a marijuana product manufacturing
176 facility and to sell marijuana and marijuana products to
177 consumers.
178 566.013 Distribution of revenues.—Revenues derived from the
179 tax imposed by this part must be credited to the General Revenue
180 Fund. On or before the last day of each month, the Chief
181 Financial Officer shall transfer 15 percent of the revenues
182 received by the division during the preceding month pursuant to
183 the tax imposed by s. 566.012 to the Division of Cannabis Trust
184 Fund established under s. 566.015. On or before the last day of
185 each month, the Chief Financial Officer shall transfer the
186 remainder of the revenues to the General Revenue Fund.
187 566.014 Annual report.—Beginning January 30, 2024, the
188 division shall annually report the amount of tax revenues
189 collected pursuant to s. 566.012 and the amount distributed
190 pursuant to s. 566.015(3) to the appropriations committees of
191 each house of the Legislature.
192 PART II
193 MARIJUANA REGULATION
194 566.031 Definitions.—As used in this part, the term:
195 (1) “Consumer” means a person 21 years of age or older who
196 purchases marijuana or marijuana products for personal use by
197 persons 21 years of age or older but not for resale to others.
198 (2) “Department” has the same meaning as provided in s.
199 566.011.
200 (3) “Division” has the same meaning as provided in s.
201 566.011.
202 (4) “Licensee” means any individual, partnership,
203 corporation, firm, association, or other legal entity holding a
204 marijuana establishment license within this state.
205 (5) “Locality” means a municipality or, in reference to a
206 location in an unorganized territory, the county in which that
207 locality is located.
208 (6) “Marijuana” has the same meaning as provided in s.
209 566.011.
210 (7) “Marijuana accessories” means equipment, products, or
211 materials of any kind that are used, intended for use, or
212 designed for use in planting, propagating, cultivating, growing,
213 harvesting, composting, manufacturing, compounding, converting,
214 producing, processing, preparing, testing, analyzing, packaging,
215 repackaging, storing, vaporizing, or containing marijuana or for
216 ingesting, inhaling, or otherwise introducing marijuana into the
217 human body.
218 (8) “Marijuana consumption site” has the same meaning as
219 provided in s. 566.011.
220 (9) “Marijuana cultivation facility” has the same meaning
221 as provided in s. 566.011.
222 (10) “Marijuana establishment” has the same meaning as
223 provided in s. 566.011.
224 (11) “Marijuana product manufacturing facility” has the
225 same meaning as provided in s. 566.011.
226 (12) “Marijuana testing facility” has the same meaning as
227 provided in s. 566.011.
228 (13) “Minor” means a person under 21 years of age.
229 (14) “Retail marijuana store” has the same meaning as
230 provided in s. 566.011.
231 (15) “Seedling” means a marijuana plant that has no
232 flowers, is less than 12 inches in height, and is less than 12
233 inches in diameter.
234 566.0311 False identification.—
235 (1) A minor may not present or offer to a marijuana
236 establishment or the marijuana establishment’s agent or employee
237 any written or oral evidence of age that is false, fraudulent,
238 or not actually the minor’s own for the purpose of:
239 (a) Ordering, purchasing, attempting to purchase, or
240 otherwise procuring or attempting to procure marijuana; or
241 (b) Gaining access to marijuana.
242 (2)(a) A minor who violates subsection (1) commits:
243 1. For a first offense, a noncriminal violation subject to
244 a civil penalty of at least $200 and not more than $400.
245 2. For a second offense, a noncriminal violation subject to
246 a civil penalty of at least $300 and not more than $600, which
247 may only be suspended as provided in paragraph (b).
248 3. For a third or subsequent offense, a noncriminal
249 violation subject to a civil penalty of $600, which may only be
250 suspended as provided in paragraph (b).
251
252 When a minor is adjudged to have committed a first offense under
253 subsection (1), the judge shall inform the minor that the
254 noncriminal penalties for the second and subsequent offenses are
255 mandatory and may only be suspended as provided in paragraph
256 (b). Failure to inform the minor that subsequent noncriminal
257 penalties are mandatory is not a ground for suspension of any
258 subsequent civil penalty.
259 (b) As an alternative to or in addition to the noncriminal
260 penalties specified in paragraph (a), a judge may assign the
261 minor to perform specified work for the benefit of the state,
262 the municipality, or another public entity or a charitable
263 institution for no more than 40 hours for each violation. A
264 judge must assign the minor to perform such work as an
265 alternative to the noncriminal penalties specified in paragraph
266 (a) if the court determines that the minor is unable to pay such
267 penalties.
268 566.032 Exemption from criminal and noncriminal penalties,
269 seizure, or forfeiture.—Notwithstanding chapter 893 or any other
270 law, and except as provided in this part, the actions authorized
271 under this part are legal under the laws of this state and do
272 not constitute a civil or criminal offense under the laws of
273 this state or the law of any political subdivision within this
274 state or serve as a basis for seizure or forfeiture of assets
275 under state law.
276 566.033 Personal use of marijuana.—
277 (1) A person who is 21 years of age or older may:
278 (a) Use, possess, and transport marijuana accessories and
279 up to 2.5 ounces of marijuana.
280 (b) Transfer or furnish, without remuneration, up to 2.5
281 ounces of marijuana and up to 6 seedlings to a person who is 21
282 years of age or older.
283 (c) Possess, grow, cultivate, process, and transport up to
284 6 marijuana plants, including seedlings, and possess the
285 marijuana produced by the marijuana plants on the premises where
286 the plants were grown.
287