Bill > H0343

Introduced Session

An act relating to the availability of marijuana for adult use; amending s. 212.08, F.S.; revising the sales tax exemption for the sale of marijuana and marijuana delivery devices to apply only to purchases by qualified patients or caregivers; amending s. 381.986, F.S.; revising definitions; revising provisions related to the licensure and functions of medical marijuana treatment centers (MMTCs); requiring the Department of Health to adopt by rule certain standards and procedures; requiring the department to adopt by rule a certain MMTC registration form; specifying registration requirements; providing that a registration expires after a specified time; specifying that registration is not sufficient for certain operations; requiring an MMTC to obtain separate operating licenses for certain operations; specifying application requirements for MMTCs to obtain cultivation licenses and processing licenses; providing for the expiration of and renewal of such licenses; requiring an MMTC to obtain a facility permit before cultivating or processing marijuana in the facility; authorizing MMTCs licensed to cultivate or process marijuana to use contractors to assist with the cultivation and processing of marijuana under hb0343-00 HB 343 certain conditions; requiring the contractors to obtain facility permits and register principals and employees; providing for the destruction of certain marijuana byproducts within a specified timeframe after their production; authorizing MMTCs licensed to cultivate and process marijuana to wholesale marijuana to other registered MMTCs under certain circumstances; prohibiting an MMTC from transporting or delivering marijuana outside of its property without a transportation license; providing requirements for the cultivation and the processing of marijuana; deleting a requirement that each MMTC produce and make available for purchase at least one low-THC cannabis product; deleting certain tetrahydrocannabinol limits for edibles; requiring an MMTC that holds a license for processing to test marijuana before it is sold in addition to when it is dispensed; deleting obsolete language; revising marijuana packaging requirements; providing application requirements for an MMTC to obtain a retail license; providing for the expiration and renewal of such licenses; requiring an MMTC to obtain a facility permit before selling, dispensing, or storing marijuana in the facility; requiring the facility to cease certain operations under certain circumstances; prohibiting a dispensing facility from hb0343-00 HB 343 repackaging or modifying marijuana that has already been packaged for sale, with certain exceptions; authorizing a retail licensee to contract with an MMTC that has a transportation license to transport marijuana for the retail licensee under certain circumstances; prohibiting onsite consumption or administration of marijuana at a dispensing facility; revising requirements for the dispensing of marijuana; requiring a licensed retail MMTC to include specified information on a label for marijuana or a marijuana delivery device dispensed to a qualified patient or caregiver; authorizing an MMTC to sell marijuana to an adult 21 years of age or older under certain circumstances; requiring MMTC employees to verify the age of such buyers using specified methods; prohibiting an MMTC from requesting or storing any personal information of a buyer other than that needed to verify the buyer's age; deleting a provision prohibiting an MMTC from dispensing or selling specified products; providing application requirements for an MMTC to obtain a transportation license; providing marijuana transportation requirements; prohibiting the transportation of marijuana on certain properties; prohibiting the transportation of marijuana in a vehicle that is not owned or leased by hb0343-00 HB 343 a licensee or the licensee's contractor and not appropriately permitted by the department; providing a process for the issuance and cancellation of vehicle permits; requiring that each permitted vehicle be GPS monitored; specifying that a permitted vehicle transporting marijuana is subject to inspection and search without a search warrant by specified persons; authorizing an MMTC licensed to transport marijuana and marijuana delivery devices to deliver or contract for the delivery of marijuana to other MMTCs, to qualified patients and caregivers within this state, and to adults 21 years of age or older within this state; establishing that a county or municipality may not prohibit deliveries of marijuana and marijuana delivery devices to qualified patients and caregivers within the county or municipality; requiring an MMTC delivering marijuana or a marijuana delivery device to a qualified patient or his or her caregiver to verify the identity of the qualified patient; requiring an MMTC delivering marijuana to an adult 21 years of age or older to verify his or her age; requiring the department to adopt certain rules for the delivery of marijuana; authorizing MMTCs to use contractors to assist with the transportation of marijuana, but providing that an MMTC is responsible for the actions hb0343-00 HB 343 and operations of the contractor which are related to the transportation of marijuana; requiring an MMTC to know the location of all of its marijuana products at all times; requiring principals and employees of a contractor to register with the department and receive an MMTC employee identification card before participating in the operations of the MMTC; providing for the permitting of cultivation, processing, dispensing, and storage facilities; requiring the department to adopt by rule a facility permit application form; requiring the department to inspect a facility before issuing a permit; requiring the department to issue or deny a facility permit within a specified timeframe; providing for the expiration of facility permits; requiring the department to inspect a facility for compliance before the renewal of a facility permit; requiring an MMTC to cease applicable operations if a facility's permit expires or is suspended or revoked; requiring cultivation facilities and processing facilities to be insured with specified hazard and liability insurance; providing cultivation facility and processing facility requirements; preempting to the state all matters regarding the permitting and regulation of cultivation facilities and processing facilities; requiring dispensing hb0343-00 HB 343 facilities and storage facilities to be insured with specified hazard and liability insurance; providing dispensing facility and storage facility requirements; clarifying that the governing body of a county or a municipality may prohibit a dispensing facility from being located in its jurisdiction or limit the number of such facilities but may not prohibit a licensed retail MMTC or its permitted storage facility from being located in such county's or municipality's jurisdiction if the MMTC is delivering marijuana to qualified patients in that jurisdiction; prohibiting the department from issuing a facility permit for a dispensing facility in a county or municipality that adopts a specified ordinance; authorizing a county or municipality to levy a local tax on a dispensing facility; providing that local ordinances may not result in or provide for certain outcomes; authorizing the department to adopt specified requirements by rule; requiring the department to adopt rules to administer the registration of certain MMTC principals, employees, and contractors; requiring an MMTC to apply to the department for the registration of certain persons before hiring or contracting with any such persons; requiring the department to adopt by rule a registration form that includes specified hb0343-00 HB 343 information; requiring the department to register persons who satisfy specified conditions and issue them MMTC employee identification cards; requiring a registered person and the MMTC to update the department within a specified timeframe if certain information or the person's employment status changes; authorizing the department to contract with vendors to issue MMTC employee identification cards; requiring the department to inspect an MMTC and its facilities upon receipt of a complaint and to inspect each permitted facility at least biennially; authorizing the department to conduct additional inspections of a facility under certain circumstances; authorizing the department to impose administrative penalties on an MMTC for violating certain provisions; requiring the department to refuse to renew an MMTC's cultivation, processing, retail, or transportation license under certain circumstances; revising provisions related to penalties and fees to conform to changes made by the act; providing applicability; conforming provisions to changes made by the act; creating s. 381.990, F.S.; authorizing an adult 21 years of age or older to purchase, possess, use, transport, or transfer to another adult 21 years of age or older marijuana products, marijuana in a form for smoking, and hb0343-00 HB 343 marijuana delivery devices under certain circumstances; providing that such marijuana products, marijuana in a form for smoking, or marijuana delivery devices must be purchased from an MMTC licensed by the department for the retail sale of marijuana and registered with the Department of Business and Professional Regulation for sale of marijuana for adult use; providing penalties; clarifying that a private property owner may restrict the smoking or vaping of marijuana on his or her property but may not prevent his or her tenants from possessing or using marijuana by other means; providing that certain provisions do not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the use of marijuana and do not relieve a person from any legal requirement to submit to certain tests to detect the presence of a controlled substance; requiring the Department of Agriculture and Consumer Services to conduct a study on the harms and benefits of allowing the cultivation of marijuana by members of the public for private use, including use of a specified model; requiring the department to report the results of the study to the Governor and the Legislature by a specified date; amending s. 893.13, F.S.; authorizing a person 21 hb0343-00 HB 343 years of age or older to possess marijuana products in a specified amount and to deliver marijuana products to another person 21 years of age or older under certain circumstances; providing criminal penalties for the delivery or possession of marijuana products by a person younger than 21 years of age under certain circumstances; creating s. 893.1352, F.S.; providing legislative intent; providing for the retroactive applicability of s. 893.13, F.S.; requiring certain sentences for specified offenses; requiring sentence review hearings for individuals serving certain sentences for specified crimes; providing resentencing procedures; requiring the waiver of certain conviction-related fines, fees, and costs under certain circumstances; amending s. 893.147, F.S.; authorizing a person 21 years of age or older to possess, use, transport, or deliver, without consideration, a marijuana delivery device to a person 21 years of age or older; providing criminal penalties for a person younger than 21 years of age who possesses, uses, transports, or delivers, without consideration, a marijuana delivery device to a person 21 years of age or older; creating s. 943.0586, F.S.; defining terms; authorizing an individual convicted of certain crimes to petition the court for expunction of hb0343-00 HB 343 his or her criminal history record under certain circumstances; requiring the individual to first obtain a certificate of eligibility from the Department of Law Enforcement; requiring the department to adopt rules establishing the procedures for applying for and issuing such certificates; requiring the department to issue a certificate under certain circumstances; providing for the expiration of and reapplication for the certificate; providing requirements for the petition for expunction; providing criminal penalties; providing for the court's authority over its own procedures, with an exception; requiring the court to order the expunction of a criminal history record under certain circumstances; clarifying that expunction of certain criminal history records does not affect eligibility for expunction of other criminal history records; providing procedures for processing expunction petitions and orders; providing that a person granted an expunction may lawfully deny or fail to acknowledge the underlying arrest or conviction, with exceptions; providing that a person may not be deemed to have committed perjury or otherwise held liable for giving a false statement if he or she fails to recite or acknowledge an expunged criminal history record; hb0343-00 HB 343 amending s. 893.15, F.S.; conforming a provision to changes made by the act; providing effective dates.

Committee Categories

Carlos Smith (D)*,  Anna Eskamani (D),  Michael Grieco (D),  Anthony Sabatini (R),  Allison Tant (D), 

Died in Professions & Public Health Subcommittee (on 04/30/2021)

Official Document