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 1471 2022
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 or caregivers; amending s.
7 381.986, F.S.; revising definitions; revising
8 provisions relating to the licensure and functions of
9 medical marijuana treatment centers (MMTCs); requiring
10 the Department of Health to adopt by rule certain
11 standards and procedures; requiring the department to
12 adopt by rule a certain MMTC registration form;
13 specifying registration requirements; providing that a
14 registration expires after a specified time;
15 specifying that registration is not sufficient for
16 certain operations; requiring an MMTC to obtain
17 separate operating licenses for certain operations;
18 specifying application requirements for MMTCs to
19 obtain cultivation licenses and processing licenses;
20 providing for the expiration and renewal of such
21 licenses; requiring an MMTC to obtain a facility
22 permit before cultivating or processing marijuana in
23 the facility; authorizing MMTCs licensed to cultivate
24 or process marijuana to use contractors to assist with
25 the cultivation and processing of marijuana under
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26 certain conditions; requiring contractors to obtain
27 facility permits and register principals and
28 employees; providing for the destruction of certain
29 marijuana byproducts within a specified timeframe
30 after their production; authorizing MMTCs licensed to
31 cultivate and process marijuana to wholesale marijuana
32 to other registered MMTCs under certain circumstances;
33 prohibiting an MMTC from transporting or delivering
34 marijuana outside of its property without a
35 transportation license; providing requirements for the
36 cultivation and the processing of marijuana; deleting
37 a requirement that each MMTC produce and make
38 available for purchase at least one low-THC cannabis
39 product; deleting certain tetrahydrocannabinol limits
40 for edibles; requiring an MMTC that holds a license
41 for processing to test marijuana before it is sold in
42 addition to when it is dispensed; deleting obsolete
43 language; revising marijuana packaging requirements;
44 providing application requirements for an MMTC to
45 obtain a retail license; providing for the expiration
46 and renewal of such licenses; requiring an MMTC to
47 obtain a facility permit before selling, dispensing,
48 or storing marijuana in the facility; requiring the
49 facility to cease certain operations under certain
50 circumstances; prohibiting a dispensing facility from
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51 repackaging or modifying marijuana that has already
52 been packaged for sale, with certain exceptions;
53 authorizing a retail licensee to contract with an MMTC
54 that has a transportation license to transport
55 marijuana for the retail licensee under certain
56 circumstances; prohibiting onsite consumption or
57 administration of marijuana at a dispensing facility;
58 revising requirements for the dispensing of marijuana;
59 requiring a licensed retail MMTC to include specified
60 information on a label for marijuana or a marijuana
61 delivery device dispensed to a qualified patient or
62 caregiver; authorizing an MMTC to sell marijuana to an
63 adult 21 years of age or older under certain
64 circumstances; requiring MMTC employees to verify the
65 age of such buyers using specified methods;
66 prohibiting an MMTC from requesting or storing any
67 personal information of a buyer other than that needed
68 to verify the buyer's age; deleting a provision
69 prohibiting an MMTC from dispensing or selling
70 specified products; providing application requirements
71 for an MMTC to obtain a transportation license;
72 providing marijuana transportation requirements;
73 prohibiting the transportation of marijuana on certain
74 properties; prohibiting the transportation of
75 marijuana in a vehicle that is not owned or leased by
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76 a licensee or the licensee's contractor and not
77 appropriately permitted by the department; providing a
78 process for the issuance and cancellation of vehicle
79 permits; requiring that each permitted vehicle be GPS
80 monitored; specifying that a permitted vehicle
81 transporting marijuana is subject to inspection and
82 search without a search warrant by specified persons;
83 authorizing an MMTC licensed to transport marijuana
84 and marijuana delivery devices to deliver or contract
85 for the delivery of marijuana to other MMTCs, to
86 qualified patients and caregivers within the state,
87 and to adults 21 years of age or older within the
88 state; prohibiting a county or municipality from
89 preventing deliveries of marijuana and marijuana
90 delivery devices to qualified patients and caregivers
91 within the county or municipality; requiring an MMTC
92 delivering marijuana or a marijuana delivery device to
93 a qualified patient or his or her caregiver to verify
94 the identity of the qualified patient; requiring an
95 MMTC delivering marijuana to an adult 21 years of age
96 or older to verify his or her age; requiring the
97 department to adopt certain rules for the delivery of
98 marijuana; authorizing MMTCs to use contractors to
99 assist with the transportation of marijuana; providing
100 that an MMTC is responsible for the actions and
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101 operations of the contractor relating to the
102 transportation of marijuana; requiring an MMTC to know
103 the location of all of its marijuana products at all
104 times; requiring principals and employees of a
105 contractor to register with the department and receive
106 an MMTC employee identification card before
107 participating in the operations of the MMTC; providing
108 for the permitting of cultivation, processing,
109 dispensing, and storage facilities; requiring the
110 department to adopt by rule a facility permit
111 application form; requiring the department to inspect
112 a facility before issuing a permit; requiring the
113 department to issue or deny a facility permit within a
114 specified timeframe; providing for the expiration of
115 facility permits; requiring the department to inspect
116 a facility for compliance before the renewal of a
117 facility permit; requiring an MMTC to cease applicable
118 operations if a facility's permit expires or is
119 suspended or revoked; requiring cultivation facilities
120 and processing facilities to be insured with specified
121 hazard and liability insurance; providing cultivation
122 facility and processing facility requirements;
123 preempting to the state all matters regarding the
124 permitting and regulation of cultivation facilities
125 and processing facilities; requiring dispensing
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126 facilities and storage facilities to be insured with
127 specified hazard and liability insurance; providing
128 dispensing facility and storage facility requirements;
129 specifying that the governing body of a county or a
130 municipality may prohibit a dispensing facility from
131 being located in its jurisdiction or limit the number
132 of such facilities but may not prohibit a licensed
133 retail MMTC or its permitted storage facility from
134 being located in such county's or municipality's
135 jurisdiction if the MMTC is delivering marijuana to
136 qualified patients in that jurisdiction; prohibiting
137 the department from issuing a facility permit for a
138 dispensing facility in a county or municipality that
139 adopts a specified ordinance; authorizing a county or
140 municipality to levy a local tax on a dispensing
141 facility; providing that local ordinances may not
142 result in or provide for certain outcomes; authorizing
143 the department to adopt specified requirements by
144 rule; requiring the department to adopt rules to
145 administer the registration of certain MMTC
146 principals, employees, and contractors; requiring an
147 MMTC to apply to the department for the registration
148 of certain persons before hiring or contracting with
149 any such persons; requiring the department to adopt by
150 rule a registration form that includes specified
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151 information; requiring the department to register
152 persons who satisfy specified conditions and issue
153 them MMTC employee identification cards; requiring a
154 registered person and the MMTC to update the
155 department within a specified timeframe if certain
156 information or the person's employment status changes;
157 authorizing the department to contract with vendors to
158 issue MMTC employee identification cards; requiring
159 the department to inspect an MMTC and its facilities
160 upon receipt of a complaint and to inspect each
161 permitted facility at least biennially; authorizing
162 the department to conduct additional inspections of a
163 facility under certain circumstances; authorizing the
164 department to impose administrative penalties on an
165 MMTC for violating certain provisions; requiring the
166 department to refuse to renew an MMTC's cultivation,
167 processing, retail, or transportation license under
168 certain circumstances; revising provisions relating to
169 penalties and fees to conform to changes made by the
170 act; providing applicability; conforming provisions to
171 changes made by the act; creating s. 381.990, F.S.;
172 authorizing an adult 21 years of age or older to
173 purchase, possess, use, transport, or transfer to
174 another adult 21 years of age or older marijuana
175 products, marijuana in a form for smoking, and
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176 marijuana delivery devices under certain
177 circumstances; providing that such marijuana products,
178 marijuana in a form for smoking, or marijuana delivery
179 devices must be purchased from an MMTC licensed by the
180 department for the retail sale of marijuana and
181 registered with the Department of Business and
182 Professional Regulation for sale of marijuana for
183 adult use; providing penalties; specifying that a
184 private property owner may restrict the smoking or
185 vaping of marijuana on his or her property but may not
186 prevent his or her tenants from possessing or using
187 marijuana by other means; providing construction;
188 requiring the Department of Agriculture and Consumer
189 Services to conduct a study on the harms and benefits
190 of allowing the cultivation of marijuana by members of
191 the public for private use, including use of a
192 specified model; requiring the department to report
193 the results of the study to the Governor and the
194 Legislature by a specified date; amending s. 893.13,
195 F.S.; authorizing a person 21 years of age or older to
196 possess marijuana products in a specified amount and
197 to deliver marijuana products to another person 21
198 years of age or older under certain circumstances;
199 providing criminal penalties for the delivery or
200 possession of marijuana products by a person younger
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201 than 21 years of age under certain circumstances;
202 creating s. 893.1352, F.S.; providing legislative
203 intent; pr