Bill > H0467

Introduced Session

An act relating to legalization of recreational marijuana; amending s. 20.14, F.S.; establishing the Division of Cannabis Management under the Department of Agriculture and Consumer Services; 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 products, or marijuana accessories to a consumer; specifying duties of the Division Cannabis Management; providing for enforcement of regulatory provisions; authorizing agreements with other entities for certain hb0467-00 HB 467 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 requirements for marijuana establishments; 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; 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 hb0467-00 HB 467 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; creating s. 570.551, F.S.; providing duties of the Division of Cannabis Management; providing that the director of the division be appointed by, and serve at the pleasure of, the Commissioner of the Department of Agriculture and Consumer Services; providing that the director of the division shall perform specified activities of the division, exercise certain powers and duties as authorized by the commissioner, and enforce specified provisions and rules as authorized by the department; creating s. 570.552, F.S.; providing for emergency rulemaking; requiring the division to undertake rulemaking by a specified date; 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 hb0467-00 HB 467 certain marijuana establishments 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 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

Committee Categories

Yvonne Hinson (D)*,  Anna Eskamani (D),  Geri Thompson (D), 

Died in Regulatory Reform Subcommittee (on 03/14/2022)

Official Document