Florida Senate - 2024                                      SB 94
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00101-24                                             202494__
    1                        A bill to be entitled                      
    2         An act relating to cannabis offenses; amending s.
    3         893.13, F.S.; reducing criminal penalties for a first,
    4         second, or third violation if the offense is the
    5         possession of 20 grams or less of cannabis;
    6         prohibiting the possession of any drug paraphernalia
    7         discovered in connection with and intended for use
    8         with such violations from being considered a criminal
    9         act or being prosecuted as such; making technical
   10         changes; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (a) and (b) of subsection (6) of
   15  section 893.13, Florida Statutes, are amended, and paragraph (f)
   16  is added to that subsection, to read:
   17         893.13 Prohibited acts; penalties.—
   18         (6)(a) A person may not be in actual or constructive
   19  possession of a controlled substance, except as provided in
   20  paragraph (b), unless the such controlled substance was lawfully
   21  obtained from a practitioner or pursuant to a valid prescription
   22  or order of a practitioner while acting in the course of his or
   23  her professional practice or to be in actual or constructive
   24  possession of a controlled substance except as otherwise
   25  authorized by this chapter. A person who violates this paragraph
   26  provision commits a felony of the third degree, punishable as
   27  provided in s. 775.082, s. 775.083, or s. 775.084.
   28         (b)1. If the offense is the possession of 20 grams or less
   29  of cannabis, as defined in this chapter, the person commits a
   30  noncriminal violation misdemeanor of the first degree,
   31  punishable by a fine of $100 for a first violation, by a fine of
   32  $250 for a second violation, or by a fine of $500 for a third
   33  violation as provided in s. 775.082 or s. 775.083. For a fourth
   34  or subsequent violation of this paragraph, the person commits a
   35  misdemeanor of the first degree, punishable as provided in s.
   36  775.082 or s. 775.083.
   37         2. Notwithstanding any other law, the possession of any
   38  drug paraphernalia as defined in s. 893.145 which is discovered
   39  in connection with a first, second, or third violation of this
   40  paragraph and is intended for use with such noncriminal
   41  violation may not be considered a criminal act or prosecuted as
   42  such As used in this subsection, the term “cannabis” does not
   43  include the resin extracted from the plants of the genus
   44  Cannabis, or any compound manufacture, salt, derivative,
   45  mixture, or preparation of such resin.
   46         (f) As used in this subsection, the term “cannabis” does
   47  not include the resin extracted from the plants of the genus
   48  Cannabis, or any compound manufacture, salt, derivative,
   49  mixture, or preparation of such resin.
   50         Section 2. This act shall take effect July 1, 2024.