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 1361 2021
1 A bill to be entitled
2 An act relating to adult use marijuana legalization;
3 amending s. 20.165, F.S.; renaming the Division of
4 Alcoholic Beverages and Tobacco of the Department of
5 Business and Professional Regulation to the Division
6 of Alcoholic Beverages, Marijuana, and Tobacco;
7 amending s. 561.025, F.S.; renaming the Alcoholic
8 Beverage and Tobacco Trust Fund to the Alcoholic
9 Beverage, Marijuana, and Tobacco Trust Fund;
10 specifying distribution of funds; providing a
11 directive to the Division of Law Revision; creating
12 ch. 566, F.S., relating to recreational marijuana;
13 defining terms; providing for the distribution of
14 revenues; requiring the division to provide an annual
15 report to the Legislature; prohibiting the use of
16 false identification by persons under 21 years of age
17 for specified activities relating to recreational
18 marijuana; providing noncriminal penalties; providing
19 for alternative sentencing; exempting certain
20 activities involving marijuana from use and possession
21 offenses; authorizing persons 21 years of age and over
22 to engage in certain activities involving the personal
23 use, possession, transport, and cultivation of
24 marijuana in limited amounts; providing limits on
25 where persons may engage in specified activities;
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26 providing noncriminal penalties; preempting the
27 regulation of possession of marijuana to the state;
28 authorizing certain entities to engage in specified
29 activities relating to marijuana; providing
30 construction; specifying duties of the Division of
31 Alcoholic Beverages, Marijuana, and Tobacco; providing
32 for enforcement of regulatory provisions; authorizing
33 agreements with other entities for certain enforcement
34 activities; requiring annual reports; providing for
35 licensing of marijuana establishments; providing for a
36 marijuana establishment licensing process; providing
37 limits on the number of retail marijuana stores based
38 on population in localities; providing standards for
39 prospective licensees; providing restrictions on the
40 location of marijuana establishments; prohibiting
41 certain activities by marijuana establishments;
42 providing procedures when a marijuana establishment's
43 license expires; authorizing localities to prohibit
44 one or more types of marijuana establishments through
45 local ordinance; providing for submission of
46 applications to localities if the division has not
47 issued marijuana establishment licenses by a specified
48 date; specifying duties of the Attorney General
49 concerning certain federal subpoenas; providing an
50 exemption from specified provisions for marijuana
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51 research; specifying that the chapter does not apply
52 to employer drug policies or laws governing operating
53 under the influence; specifying that the chapter does
54 not allow persons under 21 years of age to engage in
55 activities permitted therein; providing that the
56 rights of property owners are not affected; providing
57 applicability relating to compassionate use of low-THC
58 cannabis; requiring the division to adopt certain
59 rules; specifying that conduct allowed by the chapter
60 may not be considered the basis for the finding of a
61 lack of good moral character as that term is used in
62 law; providing for emergency rulemaking; amending s.
63 500.03, F.S.; providing that marijuana establishments
64 that sell food containing marijuana are considered
65 food establishments for the purposes of specified
66 regulations; creating s. 500.105, F.S.; specifying
67 that food products containing marijuana which are
68 prepared in permitted food establishments and sold by
69 licensed retail marijuana stores are not considered
70 adulterated; amending s. 562.13, F.S.; providing that
71 it is 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 ss. 893.13 and 893.135,
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76 F.S.; providing that conduct authorized under ch. 566,
77 F.S., is not prohibited by specified controlled
78 substance prohibitions; providing a contingent
79 effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. Paragraph (b) of subsection (2) of section
84 20.165, Florida Statutes, is amended to read:
85 20.165 Department of Business and Professional
86 Regulation.—There is created a Department of Business and
87 Professional Regulation.
88 (2) The following divisions of the Department of Business
89 and Professional Regulation are established:
90 (b) Division of Alcoholic Beverages, Marijuana, and
91 Tobacco.
92 Section 2. Section 561.025, Florida Statutes, is amended
93 to read:
94 561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
95 Fund.—There is created within the State Treasury the Alcoholic
96 Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
97 by the division under ss. 210.15, 210.40, or under s. 569.003
98 and the Beverage Law with the exception of state funds collected
99 pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
100 the State Treasury to the credit of the trust fund,
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101 notwithstanding any other provision of law to the contrary. In
102 addition, funds collected by the division under chapter 566
103 shall be deposited into the trust fund, except that funds from
104 the excise tax in s. 566.012 shall be distributed as provided in
105 s. 566.013. Moneys deposited to the credit of the trust fund
106 shall be used to operate the division and to provide a
107 proportionate share of the operation of the office of the
108 secretary and the Division of Administration of the Department
109 of Business and Professional Regulation; except that:
110 (1) The revenue transfer provisions of ss. 561.32 and
111 561.342(1) and (2) shall continue in full force and effect, and
112 the division shall cause such revenue to be returned to the
113 municipality or county in the manner provided for in s. 561.32
114 or s. 561.342(1) and (2).; and
115 (2) Ten percent of the revenues derived from retail
116 tobacco products dealer permit fees collected under s. 569.003
117 shall be transferred to the Department of Education to provide
118 for teacher training and for research and evaluation to reduce
119 and prevent the use of tobacco products by children.
120 (3) Until January 1, 2030, an amount equal to 5 percent of
121 the revenues received by the division during the previous month
122 pursuant to the tax imposed by s. 566.012 shall be transferred
123 to the Department of Health to be used to provide grants for the
124 purpose of producing peer-reviewed research on marijuana's
125 beneficial uses and safety.
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126 Section 3. The Division of Law Revision is directed to
127 prepare a reviser's bill for the 2021 Regular Session of the
128 Legislature to redesignate the Division of Alcoholic Beverages
129 and Tobacco of the Department of Business and Professional
130 Regulation as the "Division of Alcoholic Beverages, Marijuana,
131 and Tobacco" and the Alcoholic Beverage and Tobacco Trust Fund
132 as the "Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,"
133 respectively, wherever those terms appear in the Florida
134 Statutes.
135 Section 4. Chapter 566, Florida Statutes, consisting of
136 ss. 566.011-566.042, is created to read:
137 CHAPTER 566
138 RECREATIONAL MARIJUANA
139 PART I
140 EXCISE TAX
141 566.011 Definitions.—As used in this part, the term:
142 (1) "Department" means the Department of Business and
143 Professional Regulation.
144 (2) "Division" means the Division of Alcoholic Beverages,
145 Marijuana, and Tobacco of the department.
146 (3) "Marijuana" means all parts of the plant of the genus
147 cannabis, whether growing or not, the seeds thereof, the resin
148 extracted from any part of the plant, and every compound,
149 manufacture, salt, derivative, mixture, or preparation of the
150 plant, its seeds, or its resin, including marijuana concentrate.
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151 The term does not include industrial hemp, fiber produced from
152 the stalks, cake made from the seeds of the plant, sterilized
153 seed of the plant that is incapable of germination, or the
154 weight of any ingredient combined with marijuana to prepare
155 topical or oral administrations, food, drink, or any other
156 product.
157 (4) "Marijuana cultivation facility" means an entity
158 licensed to cultivate, prepare, and package and sell marijuana
159 to retail marijuana stores, to marijuana product manufacturing
160 facilities, and to other marijuana cultivation facilities, but
161 not to consumers.
162 (5) "Marijuana establishment" means a marijuana
163 cultivation facility, marijuana testing facility, marijuana
164 product manufacturing facility, or retail marijuana store.
165 (6) "Marijuana product manufacturing facility" means an
166 entity licensed to:
167 (a) Purchase marijuana.
168 (b) Manufacture, prepare, and package marijuana products.
169 (c) Sell marijuana and marijuana products to other
170 marijuana product manufacturing facilities and to retail
171 marijuana stores, but not to consumers.
172 (7) "Marijuana products" means concentrated marijuana and
173 products that consist of marijuana and other ingredients and are
174 intended for use or consumption, including, but not limited to,
175 edible products, ointments, and tinctures.
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176 (8) "Marijuana testing facility" means an entity licensed
177 to analyze and certify the safety and potency of marijuana.
178 (9) "Retail marijuana store" means an entity licensed to
179 purchase marijuana from a marijuana cultivation facility and
180 marijuana products from a marijuana product manufacturing
181 facility and to sell marijuana and marijuana products to
182 consumers.
183 566.013 Distribution of revenues.—Revenues derived from
184 the tax imposed by this part must be credited to the General
185 Revenue Fund. On or before the last day of each month, the Chief
186 Financial Officer shall transfer 15 percent of the revenues
187 received by the division during the preceding month pursuant to
188 the tax imposed by s. 566.012 to the Alcoholic Beverage,
189 Marijuana, and Tobacco Trust Fund established under s. 561.025.
190 On or before the last day of each month, the Chief Financial
191 Officer shall transfer the remainder of the revenues to the
192 General Revenue Fund.
193 566.014 Annual report.—The division shall report annually
194 beginning January 30, 2023, the amount of tax revenue collected
195 pursuant to s. 566.012 and the amount distributed pursuant to s.
196 561.025(3) to the appropriations committees of each house of the
197 Legislature.
198 PART II
199 MARIJUANA REGULATION
200 566.031 Definitions.—As used in this part, the term:
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201 (1) "Consumer" means a person 21 years of age or older who
202 purchases marijuana or marijuana products for personal use by
203 persons 21 years of age or older, but not for resale to others.
204 (2) "Department" has the same meaning as provided in s.
205 566.011.
206 (3) "Division" has the same meaning as provided in s.
207 566.011.
208 (4) "Licensee" means any individual, partnership,
209 corporation, firm, association, or other legal entity holding a
210 marijuana establishment license within the state.
211 (5) "Locality" means a municipality or, in reference to a
212 location in an unorganized territory, the county in which that
213