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 291 2021
1 A bill to be entitled
2 An act relating to legalization of recreational
3 marijuana; amending s. 20.165, F.S.; renaming the
4 Division of Alcoholic Beverages and Tobacco of the
5 Department of Business and Professional Regulation;
6 amending s. 561.025, F.S.; renaming the Alcoholic
7 Beverage and Tobacco Trust Fund; specifying
8 distribution of funds; providing a directive to the
9 Division of Law Revision; creating ch. 566, F.S.,
10 entitled "Recreational Marijuana"; providing
11 definitions relating to regulation of recreational
12 marijuana; exempting certain activities involving
13 marijuana from use and possession offenses;
14 authorizing persons age 21 and over to engage in
15 certain activities involving personal use of marijuana
16 in limited amounts; providing limits on where persons
17 may engage in specified activities; prohibiting the
18 use of false identification by persons under 21 years
19 of age for specified activities relating to
20 recreational marijuana; providing noncriminal
21 penalties; providing for alternative sentencing;
22 providing for licensure of marijuana establishments
23 that may engage in the manufacture, possession, or
24 purchase of marijuana, marijuana products, and
25 marijuana accessories or sell marijuana, marijuana
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26 products, or marijuana accessories to a consumer;
27 specifying duties of the Division of Alcoholic
28 Beverages, Marijuana, and Tobacco; providing for
29 enforcement of regulatory provisions; authorizing
30 agreements with other entities for certain enforcement
31 activities; requiring an annual report; providing for
32 licensing of marijuana establishments; providing for a
33 licenses process; providing limits on the number of
34 retail marijuana stores in localities based on
35 population; providing standards for prospective
36 licensees; providing restrictions on the location of
37 marijuana establishments; prohibiting certain
38 activities by marijuana establishments; providing
39 procedures when a marijuana establishment's license
40 expires; authorizing localities to prohibit one or
41 more types of marijuana establishments through local
42 ordinance; authorizing localities to specify an entity
43 within the locality to be responsible for processing
44 applications for a license to operate a marijuana
45 establishment; providing for submission of
46 applications to localities if the division has not
47 issued establishment licenses by a specified date;
48 specifying duties of the Attorney General concerning
49 federal subpoenas; providing an exemption from
50 specified provisions for marijuana research;
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51 specifying that the chapter does not apply to employer
52 drug policies or operating under the influence laws;
53 specifying that the chapter does not allow persons
54 under 21 years of age to engage in activities
55 permitted therein; providing that the rights of
56 property owners are not affected; authorizing
57 rulemaking; specifying that conduct allowed by the
58 chapter may not be considered the basis for the
59 finding of a lack of good moral character as that term
60 is used in law; providing criminal penalties for
61 violations; providing for emergency rulemaking;
62 amending s. 500.03, F.S.; providing that marijuana
63 establishments that sell food containing marijuana are
64 considered food service establishments for the
65 purposes of specified regulations; creating s.
66 500.105, F.S.; specifying that food products
67 containing marijuana that are prepared in permitted
68 food establishments and sold by licensed retail
69 marijuana stores are not considered adulterated;
70 amending s. 562.13, F.S.; providing that it is
71 unlawful for marijuana establishments to employ
72 persons under 18 years of age; amending s. 569.0073,
73 F.S.; exempting licensed marijuana establishments from
74 specified provisions regulating the sale of pipes and
75 smoking devices; amending s. 893.03, F.S.; removing
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76 cannabis from the schedule of controlled substances;
77 amending ss. 893.13 and 893.135, F.S.; providing that
78 conduct authorized under chapter 566, F.S., is not
79 prohibited by specified controlled substance
80 prohibitions; removing restrictions of possession and
81 sale of cannabis; creating s. 893.13501, F.S.;
82 providing for retroactive effect of amendments to ss.
83 893.03, 89.013, and 893.135, F.S., by this act;
84 providing for sentencing review for certain offenders;
85 requiring notice to certain offenders; providing
86 procedures for resentencing or release of offenders;
87 providing exceptions; amending s. 921.0022, F.S.;
88 conforming provisions to changes made by the act;
89 providing effective dates.
90
91 Be It Enacted by the Legislature of the State of Florida:
92
93 Section 1. Paragraph (b) of subsection (2) of section
94 20.165, Florida Statutes, is amended to read:
95 20.165 Department of Business and Professional
96 Regulation.—There is created a Department of Business and
97 Professional Regulation.
98 (2) The following divisions of the Department of Business
99 and Professional Regulation are established:
100 (b) Division of Alcoholic Beverages, Marijuana, and
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101 Tobacco.
102 Section 2. Section 561.025, Florida Statutes, is amended
103 to read:
104 561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
105 Fund.—There is created within the State Treasury the Alcoholic
106 Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
107 by the division under ss. 210.15, 210.40, or under s. 569.003
108 and the Beverage Law with the exception of state funds collected
109 pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
110 the State Treasury to the credit of the trust fund,
111 notwithstanding any other provision of law to the contrary. In
112 addition, funds collected by the division under chapter 566
113 shall be deposited into the trust fund, except that funds from
114 the excise tax in s. 566.012 shall be deposited as provided in
115 s. 566.013. Moneys deposited to the credit of the trust fund
116 shall be used to operate the division and to provide a
117 proportionate share of the operation of the office of the
118 secretary and the Division of Administration of the Department
119 of Business and Professional Regulation; except that:
120 (1) The revenue transfer provisions of ss. 561.32 and
121 561.342(1) and (2) shall continue in full force and effect, and
122 the division shall cause such revenue to be returned to the
123 municipality or county in the manner provided for in s. 561.32
124 or s. 561.342(1) and (2).; and
125 (2) Ten percent of the revenues derived from retail
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126 tobacco products dealer permit fees collected under s. 569.003
127 shall be transferred to the Department of Education to provide
128 for teacher training and for research and evaluation to reduce
129 and prevent the use of tobacco products by children.
130 (3) Until January 1, 2030, an amount equal to 5 percent of
131 the revenues received by the division during the previous month
132 pursuant to the tax imposed by s. 566.012 shall be transferred
133 to the Department of Health to be used to provide grants for the
134 purpose of producing peer-reviewed research on the beneficial
135 uses and safety of marijuana.
136 Section 3. The Division of Law Revision is directed to
137 prepare a reviser's bill for the 2022 Regular Session of the
138 Legislature to:
139 (1) Redesignate the Division of Alcoholic Beverages and
140 Tobacco of the Department of Business and Professional
141 Regulation as the "Division of Alcoholic Beverages, Marijuana,
142 and Tobacco" and the Alcoholic Beverage and Tobacco Trust Fund
143 as the "Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,"
144 respectively, wherever those terms appear in the Florida
145 Statutes.
146 (2) Correct any cross-references in the Florida Statutes
147 that need revision due to the changes made by this act.
148 Section 4. Chapter 566, Florida Statutes, consisting of
149 sections 566.031 through 566.043, is created to read:
150 CHAPTER 566
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151 RECREATIONAL MARIJUANA
152 PART I
153 MARIJUANA REGULATION
154 566.031 Definitions.—As used in this part, the term:
155 (1) "Consumer" means a person 21 years of age or older who
156 purchases marijuana or marijuana products for personal use by
157 persons 21 years of age or older, but not for resale to others.
158 (2) "Department" has the same meaning as provided in s.
159 566.011.
160 (3) "Division" has the same meaning as provided in s.
161 566.011.
162 (4) "Licensee" means any individual, partnership,
163 corporation, firm, association, or other legal entity holding a
164 marijuana establishment license within the state.
165 (5) "Locality" means a municipality or, in reference to a
166 location in the unorganized territory, the county in which that
167 locality is located.
168 (6) "Marijuana" has the same meaning as provided in s.
169 566.011.
170 (7) "Marijuana accessories" means equipment, products, or
171 materials of any kind that are used, intended, or designed for
172 use in planting, propagating, cultivating, growing, harvesting,
173 composting, manufacturing, compounding, converting, producing,
174 processing, preparing, testing, analyzing, packaging,
175 repackaging, storing, vaporizing, or containing marijuana or for
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176 ingesting, inhaling, or otherwise introducing marijuana into the
177 human body.
178 (8) "Marijuana cultivation facility" has the same meaning
179 as provided in s. 566.011.
180 (9) "Marijuana establishment" has the same meaning as
181 provided in s. 566.011.
182 (10) "Marijuana product manufacturing facility" has the
183 same meaning as provided in s. 566.011.
184 (11) "Marijuana testing facility" means an entity licensed
185 to analyze and certify the safety and potency of marijuana.
186 (12) "Minor" means a person under 21 years of age.
187 (13) "Retail marijuana store" has the same meaning as
188 provided in s. 566.011.
189 (14) "Seedling" means a marijuana plant that has no
190 flowers, is less than 12 inches in height, and is less than 12
191 inches in diameter.
192 566.032 Exemption from criminal and noncriminal penalties,
193 seizure, or forfeiture.—Notwithstanding chapter 893 or any other
194 provision of law, and except as provided in this part, the
195 actions specified in this part are legal under the laws of this
196 state and do not constitute a civil or criminal offense under
197 the laws of this state or the law of any political subdivision
198 within this state or serve as a basis for seizure or forfeiture
199 of assets under state law.
200 566.033 Personal use of marijuana.—
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201 (1) A person who is 21 years of age or older may:
202 (a) Use, possess, or transport marijuana accessories and
203 up to 2.5 ounces of marijuana.
204 (b) Transfer or furnish, without remuneration, up to 2.5
205 ounces of marijuana and up to 6 seedlings to a person who is 21
206 years of age or older.
207 (c) Possess, grow, cultivate, process, or transport up to
208 6 marijuana plants, including seedlings, and possess the
209 marijuana produced by the marijuana plants on the premises where
210 the plants were grown.
211 (d) Purchase up to 2.5 ounces of marijuana, up to 6
212 seedlings, and marijuana accessories from a retail marijuana
213 store.
214 (2) The following apply to the cultivation of marijuana
215 for personal use by a person who is 21 years of age or older:
216 (a) A person may cultivate up to 6 marijuana plants,
217 includin