Bill > H1361

Introduced Session

An act relating to adult use marijuana legalization; amending s. 20.165, F.S.; renaming the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to the Division of Alcoholic Beverages, Marijuana, and Tobacco; amending s. 561.025, F.S.; renaming the Alcoholic Beverage and Tobacco Trust Fund to the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund; specifying distribution of funds; providing a directive to the Division of Law Revision; creating ch. 566, F.S., relating to recreational marijuana; defining terms; providing for the distribution of revenues; requiring the division to provide an annual report to the Legislature; 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; exempting certain activities involving marijuana from use and possession offenses; authorizing persons 21 years of age and over to engage in certain activities involving the personal use, possession, transport, and cultivation of marijuana in limited amounts; providing limits on where persons may engage in specified activities; hb1361-00 HB 1361 providing noncriminal penalties; preempting the regulation of possession of marijuana to the state; authorizing certain entities to engage in specified activities relating to marijuana; providing construction; 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 annual reports; providing for licensing of marijuana establishments; providing for a marijuana establishment licensing process; providing limits on the number of retail marijuana stores based on population in localities; 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; providing for submission of applications to localities if the division has not issued marijuana establishment licenses by a specified date; specifying duties of the Attorney General concerning certain federal subpoenas; providing an exemption from specified provisions for marijuana hb1361-00 HB 1361 research; specifying that the chapter does not apply to employer drug policies or laws governing operating under the influence; 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; providing applicability relating to compassionate use of low-THC cannabis; requiring the division to adopt certain rules; 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 for emergency rulemaking; amending s. 500.03, F.S.; providing that marijuana establishments that sell food containing marijuana are considered food establishments for the purposes of specified regulations; creating s. 500.105, F.S.; specifying that food products containing marijuana which 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 ss. 893.13 and 893.135, hb1361-00 HB 1361 F.S.; providing that conduct authorized under ch. 566, F.S., is not prohibited by specified controlled substance prohibitions; providing a contingent effective date.

AI Summary

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Christopher Benjamin (D)*, 

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

Official Document