Florida Senate - 2022 SB 1884



By Senator Powell





30-00930-22 20221884__
1 A bill to be entitled
2 An act relating to legalization of recreational
3 marijuana; providing a short title; amending s.
4 20.165, F.S.; renaming the Division of Alcoholic
5 Beverages and Tobacco within the Department of
6 Business and Professional Regulation as the Division
7 of Alcoholic Beverages, Marijuana, and Tobacco;
8 amending s. 561.025, F.S.; renaming the Alcoholic
9 Beverage and Tobacco Trust Fund as the Alcoholic
10 Beverage, Marijuana, and Tobacco Trust Fund; requiring
11 funds collected pursuant to ch. 566, F.S., to be
12 deposited into the trust fund; creating ch. 566, F.S.,
13 entitled “Recreational Marijuana”; defining terms;
14 providing construction; authorizing persons 21 years
15 of age and older to engage in specified activities
16 relating to the personal use of marijuana; limiting
17 the number of seedlings and the amount of marijuana
18 allowable for personal use; limiting the number of
19 plants that may be cultivated and specifying locations
20 where cultivation may occur; requiring that a person
21 who elects to cultivate marijuana take certain
22 reasonable precautions regarding securing plants;
23 restricting where marijuana may be smoked or ingested;
24 providing civil penalties; prohibiting the use of
25 false or fraudulent evidence of age by persons younger
26 than 21 years of age for specified purposes relating
27 to the procurement of or gaining access to marijuana;
28 providing civil penalties; providing for the waiver by
29 the court of civil penalties; providing construction;
30 authorizing personal use cultivation for qualified
31 patients under s. 381.986, F.S.; imposing limitations
32 and requirements on the cultivation of marijuana for
33 personal use; imposing possession limits on specified
34 forms of cannabis for residents and nonresidents of
35 this state; specifying duties of the division under
36 ch. 566, F.S.; requiring the division to create a
37 cannabis equity program by a specified date; providing
38 requirements for the program; specifying application
39 requirements for assistance grants; requiring the
40 division to grant funds in a specified manner;
41 providing requirements for grant recipients; providing
42 additional duties of the division; requiring the
43 division to develop and implement a program to defer
44 or waive certain fees for need-based applicants and
45 licensees, by a specified date; providing requirements
46 for the program; requiring that the division and the
47 Department of Economic Opportunity create a low
48 interest loan program; specifying requirements for
49 cannabis equity program applicants and licensees that
50 operate microbusinesses; requiring the division to
51 create a program to assist such applicants or
52 licensees in transitioning to licensure as cultivation
53 centers; providing for issuance of early approval
54 adult use dispensing organization licenses; providing
55 the application process; specifying selection
56 criteria; requiring the department to issue the
57 licenses within a specified timeframe, with
58 exceptions; authorizing medical marijuana treatment
59 centers that obtain such licenses to engage in
60 specified activities on or after a specified date;
61 requiring such licensees to maintain an adequate
62 supply of cannabis and cannabis-infused products for
63 qualified patients; defining the term “adequate
64 supply”; requiring such licensees to prioritize
65 qualified patients in the event of any shortages;
66 authorizing such licensees to allow purchasers into
67 limited access areas; providing for the expiration and
68 renewal of early approval adult use dispensing
69 organization licenses; requiring certain fees to be
70 deposited into the Alcoholic Beverage, Marijuana, and
71 Tobacco Trust Fund; providing for conditional adult
72 use dispensing organization licenses; providing the
73 application process; specifying selection criteria;
74 providing for the issuance of such licenses after a
75 specified date; providing for adult use dispensing
76 organization licenses; providing the application
77 process; specifying selection criteria; providing for
78 identification cards for dispensing organization
79 agents; requiring owners, managers, employees, and
80 agents of adult use dispensing organizations to
81 complete certain training by a specified date;
82 providing requirements for the training program;
83 providing for the renewal of adult use dispensing
84 organization licenses; requiring disclosure of
85 ownership and control of dispensing organizations;
86 requiring evidence of financial responsibility for the
87 issuance, maintenance, or reactivation of a license;
88 providing requirements for such evidence; providing
89 for changes to dispensing organizations; providing for
90 administration of dispensing organizations; providing
91 operational requirements; providing requirements for
92 inventory control systems; providing cannabis storage
93 requirements for dispensing organizations; providing
94 requirements for dispensing cannabis; providing
95 requirements for destruction and disposal of cannabis;
96 requiring designation of an agent-in-charge; providing
97 requirements for such agents; requiring dispensaries
98 to have specified security measures; specifying
99 requirements for such security measures; requiring
100 dispensaries to keep and maintain certain records;
101 specifying recordkeeping requirements; providing for
102 the closure of dispensaries; providing the department
103 with inspection and investigative authority; providing
104 for nondisciplinary citations for minor violations;
105 specifying grounds for disciplinary actions;
106 authorizing temporary suspension of licenses;
107 authorizing consent orders to resolve certain
108 disciplinary complaints; providing for hearings on
109 disciplinary complaints; authorizing the department to
110 issue subpoenas and administer oaths; providing for
111 issuance of adult use cultivation center licenses;
112 providing license requirements; providing for early
113 approval of adult use cultivation center licenses;
114 providing for conditional adult use cultivation center
115 license applications; providing requirements for such
116 centers; providing for scoring of applications;
117 providing for denial of applications under certain
118 circumstances; providing cultivation center
119 requirements and prohibitions; providing for
120 cultivation center agent identification cards;
121 requiring cultivation center agent background checks;
122 providing for renewal of cultivation center licenses
123 and agent identification cards; providing for
124 licensure of craft growers; providing license
125 requirements; providing for applications and scoring;
126 prohibiting issuance of craft grower licenses to
127 specified persons under certain circumstances;
128 providing for denial of applications under certain
129 circumstances; providing requirements and prohibitions
130 for craft growers; providing for craft grower
131 identification cards; requiring background checks;
132 providing for renewal of licenses and identification
133 cards; providing for licensing of infuser
134 organizations; providing license requirements;
135 providing for applications and scoring; providing for
136 denial of applications under certain circumstances;
137 providing infuser organization requirements and
138 prohibitions; providing for infuser organization
139 identification cards; providing requirements for the
140 adequate supply of cannabis-infused products;
141 requiring background checks; providing for renewal of
142 licenses and identification cards; providing for
143 licensing of transporting organizations; providing
144 license requirements; providing for applications and
145 scoring; providing for denial of applications under
146 certain circumstances; providing transporting
147 organization requirements and prohibitions; providing
148 for identification cards; requiring background checks;
149 providing for renewal of licenses and identification
150 cards; providing for cannabis testing facilities;
151 requiring approval of testing facilities; providing
152 requirements for such facilities; requiring certain
153 tests to be performed before the manufacturing or
154 natural processing of any cannabis or cannabis-infused
155 product or packaging cannabis for sale to a
156 dispensary; requiring the department to establish
157 certain standards; authorizing the department to adopt
158 rules; authorizing certain enforcement actions by the
159 department; authorizing the Attorney General to
160 enforce certain provisions under the Florida Deceptive
161 and Unfair Trade Practices Act; providing immunity
162 from prosecution or discipline under certain
163 provisions for licensees for engaging in licensed
164 conduct; providing construction; providing standards
165 and requirements for advertising and promotions;
166 providing standards and requirements for packaging and
167 labeling; requiring certain warning labels; providing
168 for certain local zoning ordinances for regulated
169 businesses; providing for nonconflicting local
170 ordinances and rules; authorizing certain local
171 regulation of on-premises cannabis consumption;
172 defining terms; authorizing the establishment of
173 restricted cannabis zones; providing a process for
174 local governments to create such zones; providing
175 requirements for such zones; requiring the Attorney
176 General to advocate to quash certain federal
177 subpoenas; authorizing certain scientific and medical
178 researchers to purchase, possess, securely store,
179 administer, and distribute marijuana under certain
180 circumstances and for specified purposes; providing
181 construction; authorizing the department to adopt
182 rules; providing that engaging in certain conduct may
183 not be the basis for certain findings related to good
184 moral character; providing criminal penalties;
185 providing for search, seizure, and forfeiture of
186 cannabis under certain circumstances; providing for
187 enforcement of certain tax provisions; requiring the
188 department to submit a report to the Governor and the
189 Legislature by a specified date; providing
190 requirements for the report; requiring the department
191 to post the report on its website; amending s. 500.03,
192 F.S.; providing that marijuana establishments that
193 sell food containing marijuana are considered food
194 establishments for the purposes of specified
195 regulations; creating s. 500.105, F.S.; specifying
196 that food products containing marijuana which are
197 prepared in permitted food establishments and sold by
198 licensed retail marijuana stores are not considered
199 adulterated; amending s. 562.13, F.S.; prohibiting
200 licensed marijuana establishments from employing
201 person younger than 18 years of age; amending s.
202 569.0073, F.S.; exempting licensed marijuana
203 establishments from specified provisions regulating
204 the sale of pipes and smoking devices; amending s.
205 893.03, F.S.; removing cannabis from the schedule of
206 controlled substances; amending ss. 893.13 and
207 893.135, F.S.; providing that conduct authorized under
208 ch. 566, F.S., is not prohibited by specified
209 controlled substance prohibitions; removing
210 restrictions on possession and sale of cannabis;
211 creating s. 893.13501, F.S.; providing for retroactive
212 effect of amendments to ss. 893.03, 893.13, and
213 893.135, F.S., by this act; providing for sentence
214 review for certain offenders; requiring notice to
215 certain offenders; providing procedures for
216 resentencing or release of offenders; providing
217 exceptions; creating s. 943.0586, F.S.; defining
218 terms; authorizing an individual convicted of certain
219 offenses to have his or her criminal history record
220 sealed or to petition the court for expunction of his
221 or her criminal history record, under certain
222 circumstances; requiring the individual to first
223 obtain a certificate of eligibility from the
224 Department of Law Enforcement; requiring the
225 department to adopt rules establishing the procedures
226 for applying for and issuing such certificates;
227 requiring the department to issue a certificate under
228 certain circumstances; providing for the expiration of
229 and reapplication for the certificate; providing for
230 sealing of certain records upon the department’s
231 determination of eligibility; providing requirements
232 for a petition for expunction; providing criminal
233 penalties; providing for the court’s authority over
234 its own procedures, with an exception; requiring the
235 court to order the expunction of a criminal history
236 record under certain circumstances; providing that
237 expunction of certain criminal history records does
238 not affect eligibility for expunction of other
239 criminal history records; providing procedures for
240 processing expunction petitions and orders; providing
241 that a person granted an expunction may lawfully deny
242 or fail to acknowledge the underlying arrest or
243 conviction, with exceptions; providing that a person
244 may not be deemed to have committed perjury or
245 otherwise held liable for giving a false statement if
246 he or she fails to recite or acknowledge an expunged
247 criminal history record; amending s. 943.0595, F.S.;
248 conforming provisions to changes made by the act;
249 defining terms; requiring the department to establish
250 and administer the Florida College System Cannabis
251 Vocational Pilot Program in coordination with the
252 Board of Education; authorizing the department to
253 issue a specified number of program licenses by a
254 specified date; authorizing Florida College System
255 institutions awarded program licenses to offer a
256 Career in Cannabis Certificate; providing requirements
257 for the certificate; authorizing the department to
258 adopt rules; providing an age requirement for students
259 who participate in the pilot program; providing for
260 the issuance of program licenses; providing
261 requirements and prohibitions for program licensees;
262 providing for faculty identification cards; providing
263 enforcement authority to the department; providing for
264 inspections; providing requirements for faculty
265 identification cards; requiring the board to submit a
266 report to the Governor and the Legislature by a
267 specified date; providing requirements for the report;
268 providing for the repeal of the pilot program;
269 amending ss. 210.01, 210.10, 210.13, 210.151, 210.16,
270 210.1605, 210.20, 210.25, 210.405, 210.51, 213.053,
271 282.709, 322.212, 386.207, 402.62, 403.708, 455.116,
272 456.0635, 561.01, 561.02, 561.121, 561.14, 561.20,
273 561.221, 561.32, 561.545, 561.68, 561.695, 561.703,
274 562.025, 562.111, 562.45, 569.002, 569.003, 569.12,
275 569.31, 616.265, 633.142, 772.12, 812.171, 812.173,
276 812.174, 812.175, 812.176, 832.06, 877.18, 893.055,
277 893.0551, 893.15, 893.21, 921.0022, 932.7055, 948.20,
278 1002.395, an