Bill

Bill > H0291


FL H0291

Legalization of Recreational Marijuana


summary

Introduced
01/19/2021
In Committee
02/03/2021
Crossed Over
Passed
Dead
04/30/2021

Introduced Session

2021 Regular Session

Bill Summary

An act relating to legalization of recreational marijuana; amending s. 20.165, F.S.; renaming the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation; amending s. 561.025, F.S.; renaming the Alcoholic Beverage and Tobacco Trust Fund; specifying distribution of funds; providing a directive to the Division of Law Revision; creating ch. 566, F.S., entitled "Recreational Marijuana"; providing definitions relating to regulation of recreational marijuana; exempting certain activities involving marijuana from use and possession offenses; authorizing persons age 21 and over to engage in certain activities involving personal use of marijuana in limited amounts; providing limits on where persons may engage in specified activities; prohibiting the use of false identification by persons under 21 years of age for specified activities relating to recreational marijuana; providing noncriminal penalties; providing for alternative sentencing; providing for licensure of marijuana establishments that may engage in the manufacture, possession, or purchase of marijuana, marijuana products, and marijuana accessories or sell marijuana, marijuana hb0291-00 HB 291 products, or marijuana accessories to a consumer; specifying duties of the Division of Alcoholic Beverages, Marijuana, and Tobacco; providing for enforcement of regulatory provisions; authorizing agreements with other entities for certain enforcement activities; requiring an annual report; providing for licensing of marijuana establishments; providing for a licenses process; providing limits on the number of retail marijuana stores in localities based on population; providing standards for prospective licensees; providing restrictions on the location of marijuana establishments; prohibiting certain activities by marijuana establishments; providing procedures when a marijuana establishment's license expires; authorizing localities to prohibit one or more types of marijuana establishments through local ordinance; authorizing localities to specify an entity within the locality to be responsible for processing applications for a license to operate a marijuana establishment; providing for submission of applications to localities if the division has not issued establishment licenses by a specified date; specifying duties of the Attorney General concerning federal subpoenas; providing an exemption from specified provisions for marijuana research; hb0291-00 HB 291 specifying that the chapter does not apply to employer drug policies or operating under the influence laws; specifying that the chapter does not allow persons under 21 years of age to engage in activities permitted therein; providing that the rights of property owners are not affected; authorizing rulemaking; specifying that conduct allowed by the chapter may not be considered the basis for the finding of a lack of good moral character as that term is used in law; providing criminal penalties for violations; providing for emergency rulemaking; amending s. 500.03, F.S.; providing that marijuana establishments that sell food containing marijuana are considered food service establishments for the purposes of specified regulations; creating s. 500.105, F.S.; specifying that food products containing marijuana that are prepared in permitted food establishments and sold by licensed retail marijuana stores are not considered adulterated; amending s. 562.13, F.S.; providing that it is unlawful for marijuana establishments to employ persons under 18 years of age; amending s. 569.0073, F.S.; exempting licensed marijuana establishments from specified provisions regulating the sale of pipes and smoking devices; amending s. 893.03, F.S.; removing hb0291-00 HB 291 cannabis from the schedule of controlled substances; amending ss. 893.13 and 893.135, F.S.; providing that conduct authorized under chapter 566, F.S., is not prohibited by specified controlled substance prohibitions; removing restrictions of possession and sale of cannabis; creating s. 893.13501, F.S.; providing for retroactive effect of amendments to ss. 893.03, 89.013, and 893.135, F.S., by this act; providing for sentencing review for certain offenders; requiring notice to certain offenders; providing procedures for resentencing or release of offenders; providing exceptions; amending s. 921.0022, F.S.; conforming provisions to changes made by the act; providing effective dates.

AI Summary

This bill legalizes the recreational use of marijuana in Florida. It renames the Division of Alcoholic Beverages and Tobacco to the Division of Alcoholic Beverages, Marijuana, and Tobacco, and renames the Alcoholic Beverage and Tobacco Trust Fund to the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund. The bill creates a new chapter (Chapter 566) that regulates the recreational use of marijuana, including allowing individuals 21 and older to possess and use limited amounts of marijuana, licensing marijuana establishments, and providing for local control and enforcement. The bill also removes cannabis from the list of controlled substances, decriminalizes certain marijuana-related offenses, and provides for retroactive resentencing for some past marijuana-related convictions.

Committee Categories

Government Affairs

Sponsors (3)

Last Action

Died in Regulatory Reform Subcommittee (on 04/30/2021)

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