Florida Senate - 2020                                     SB 242
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-00283-20                                            2020242__
    1                        A bill to be entitled                      
    2         An act relating to cannabis offenses; amending s.
    3         893.13, F.S.; reducing criminal penalties for
    4         delivery, without consideration, of a specified amount
    5         of cannabis; reducing criminal penalties for
    6         possession of specified amounts of cannabis and
    7         products containing specified amounts of THC;
    8         specifying that juvenile violators of certain
    9         provisions are eligible for civil citation or similar
   10         prearrest diversion programs; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) and paragraphs (a) and (b) of
   16  subsection (6) of section 893.13, Florida Statutes, are amended
   17  to read:
   18         893.13 Prohibited acts; penalties.—
   19         (3) A person who delivers, without consideration, 20 grams
   20  or less of cannabis, as defined in this chapter, commits a
   21  noncriminal violation misdemeanor of the first degree,
   22  punishable as provided in s. 775.082 or s. 775.083. As used in
   23  this subsection, the term “cannabis” does not include the resin
   24  extracted from the plants of the genus Cannabis or any compound
   25  manufacture, salt, derivative, mixture, or preparation of such
   26  resin.
   27         (6)(a)1. A person may not be in actual or constructive
   28  possession of a controlled substance, other than 20 grams or
   29  less of cannabis, as defined in this chapter, or 600 milligrams
   30  or less of THC in cannabis products, unless the such controlled
   31  substance was lawfully obtained from a practitioner or pursuant
   32  to a valid prescription or order of a practitioner while acting
   33  in the course of his or her professional practice, or to be in
   34  actual or constructive possession of a controlled substance
   35  except as otherwise authorized by this chapter. A person who
   36  violates this provision commits a felony of the third degree,
   37  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   38         2. A person in possession of more than 20 grams of
   39  cannabis, as defined in this chapter, or more than 600
   40  milligrams of THC in cannabis products, commits a misdemeanor of
   41  the first degree, punishable as provided in s. 775.082 or s.
   42  775.083. A juvenile who violates this subparagraph for the first
   43  time is eligible for a civil citation or similar prearrest
   44  diversion program as provided under s. 985.12.
   45         (b) If the offense is the possession of 20 grams or less of
   46  cannabis, as defined in this chapter, the person commits a
   47  noncriminal violation misdemeanor of the first degree,
   48  punishable as provided in s. 775.082 or s. 775.083. As used in
   49  this subsection, the term “cannabis” does not include the resin
   50  extracted from the plants of the genus Cannabis, or any compound
   51  manufacture, salt, derivative, mixture, or preparation of such
   52  resin.
   53         Section 2. This act shall take effect July 1, 2020.