Bill > S1398

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 and caregivers; amending s. 381.986, F.S.; revising definitions; revising background screening requirements for caregivers; 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, procedures, and requirements; requiring the department to adopt by rule a specified MMTC registration form; providing registration requirements; providing that a registration expires after a specified time; requiring an MMTC to obtain separate operating licenses to perform certain operations; specifying application requirements for MMTCs to obtain cultivation licenses and processing licenses; providing for the expiration and renewal of such licenses; requiring an MMTC to obtain a facility permit before cultivating or processing marijuana at the facility; authorizing MMTCs licensed to cultivate or process marijuana to use contractors to assist with the cultivation and processing of marijuana; providing that a licensee is ultimately responsible for all operations relating to the cultivation and processing and for maintaining physical possession of the marijuana at all times; requiring that work done by contractors be performed at permitted facilities; requiring licensees using a contractor to register the contractor’s principals and employees under certain circumstances; providing that such principals and employees may not begin participating in the operations until they have received an identification card from the department; providing for the destruction of certain marijuana byproducts within a specified timeframe after their production; authorizing MMTCs licensed to cultivate and process marijuana to sell marijuana at wholesale to other registered MMTCs only if certain conditions are met; prohibiting an MMTC from transporting or delivering marijuana outside of its property without a transportation license; providing requirements for the cultivation and 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 packaging requirements for marijuana and edibles; providing application requirements for an MMTC to obtain a retail license; providing for the expiration and renewal of a retail license; requiring an MMTC to obtain a facility permit before selling, dispensing, or storing marijuana in a facility; requiring an MMTC to cease certain operations in a facility under certain circumstances; prohibiting a dispensing facility from repackaging or modifying marijuana that has already been packaged for sale; providing 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 by an MMTC licensed for retail; requiring an MMTC licensed for retail to include specified information on the 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 a buyer’s personal information other than that needed to verify the buyer’s age; revising a provision prohibiting an MMTC from dispensing or selling specified products; revising safety and security requirements for MMTCs; providing application requirements for an MMTC to obtain a transportation license; prohibiting the transportation of marijuana on certain properties; requiring that marijuana be transported only in vehicles owned or leased by a licensee or the licensee’s contractor and appropriately permitted by the department; providing a process and requirements for MMTCs to obtain a vehicle permit; requiring MMTCs to designate a registered employee or contract employee as the driver for each permitted vehicle; requiring proof of such designation to be displayed in the vehicle at all times; requiring that each permitted vehicle be monitored using GPS technology; providing for the expiration and cancellation of vehicle permits; providing that specified persons may inspect and search a permitted vehicle transporting marijuana without a search warrant; authorizing an MMTC licensed to transport marijuana and marijuana delivery devices to deliver or contract for the delivery of marijuana and marijuana delivery devices to other MMTCs within this state, to qualified patients and caregivers within this state, and to adults 21 years of age or older within this state; specifying that a county or municipality may not prohibit deliveries of marijuana or marijuana delivery devices to qualified patients and caregivers within that 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 or its contractor delivering marijuana to an adult 21 years of age or older to verify his or her age; providing requirements for such verification; requiring the department to adopt certain rules for the delivery of marijuana; authorizing MMTCs to use contractors to assist with the transportation of marijuana; specifying that an MMTC is responsible for a contractor’s actions and operations 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 an 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 whose facility permit expires or is suspended or revoked to cease applicable operations until the department takes certain actions; requiring cultivation facilities and processing facilities to be insured with specified hazard and liability insurance; providing requirements for the location of cultivation facilities and processing facilities; preempting to the state all matters regarding the permitting and regulation of cultivation facilities and processing facilities; requiring dispensing facilities and storage facilities to be insured with specified hazard and liability insurance; providing requirements for the location of dispensing facilities and storage facilities; clarifying that the governing body of a county or a municipality may prohibit or limit the number of dispensing facilities located within its jurisdiction but may not prohibit an MMTC licensed for retail 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; prohibiting counties and municipalities from requiring, requesting, or accepting financial contributions or similar benefits from MMTCs, except for levying local business taxes; 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 such persons; requiring the department to adopt by rule a registration form that includes specified information; requiring the department to register persons who satisfy specified conditions and issue them MMTC employee identification cards; providing requirements for the 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; revising administrative penalties; authorizing the department to suspend, revoke, or refuse to renew an MMTC’s registration, operating licenses, vehicle permits, or facility permits 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 criminal and civil penalties and fees to conform to changes made by the act; providing applicability; deleting obsolete language; creating s. 381.9901, F.S.; authorizing a person 21 years of age or older to purchase marijuana products, marijuana in a form for smoking, and marijuana delivery devices under certain circumstances; requiring that such products be purchased only 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 for criminal penalties; authorizing a person 21 years of age or older to possess, use, transport, or transfer to another person 21 years of age or older marijuana products, marijuana in a form for smoking, and marijuana delivery devices under certain circumstances; providing limitations and criminal penalties; clarifying that a private property owner may restrict the smoking or vaping of marijuana on his or her property but a landlord 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; amending s. 604.71, F.S.; authorizing certain qualified patients to cultivate up to six flowering cannabis plants for personal consumption and noncommercial purposes; authorizing certain qualified patients to purchase medical marijuana seeds and clones from a licensed medical marijuana treatment center; requiring a qualified patient who cultivates cannabis to take specified precautions; providing that the personal consumption of cannabis cultivated at a qualified patient’s residence is subject to specified limitations; providing for penalties; requiring the Department of Agriculture and Consumer Services, by a specified date, to adopt rules regulating the cultivation of marijuana by members of the public for private use, including rules regulating the use of a specified model for cultivation; amending s. 893.13, F.S.; authorizing a person 21 years of age or older to deliver marijuana products to another person 21 years of age or older and to possess marijuana products in a specified amount 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 construction; providing for the retroactive applicability of s. 893.13, F.S.; requiring certain sentences for specified offenses; requiring that individuals serving certain sentences for specified crimes receive sentence review hearings, if requested; providing requirements for sentence review and resentencing; requiring that certain conviction-related fines, fees, and costs be waived 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 another person 21 years of age or older; providing criminal penalties for the possession, use, transport, or delivery, without consideration, of a marijuana delivery device by a person younger than 21 years of age under certain circumstances; creating s. 943.0586, F.S.; defining terms; authorizing an individual convicted of certain crimes to petition the court for expunction of his or her criminal history record under specified circumstances; requiring such individual to first obtain a certificate of eligibility for expunction from the Department of Law Enforcement; requiring the department to adopt rules establishing procedures for applying for and issuing such certificates; requiring the department to issue a certificate of eligibility for expunction under specified circumstances; providing that the certificate is valid for a specified timeframe; providing for reapplication for such 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 requirements for processing expunction petitions and orders; providing that expunction orders that do not comply with specified provisions are not required to be acted on; providing a process to remedy such noncompliant orders; providing that no cause of action may rise against any criminal justice agency for failure to act on an expunction order if the petitioner failed to obtain a certificate of eligibility or while the order is noncompliant; 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; amending s. 893.15, F.S.; conforming a provision to changes made by the act; providing effective dates.

AI Summary

Carlos Smith (D)*, 

Introduced (on 01/22/2026)

Official Document