Bill > H0291

Introduced Session

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.

Committee Categories

Yvonne Hinson (D)*,  Dianne Hart (D),  Allison Tant (D), 

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

Official Document