Florida Senate - 2025 SB 1032 By Senator Davis 5-00905-25 20251032__ 1 A bill to be entitled 2 An act relating to licenses for marijuana for personal 3 use; creating s. 381.9881, F.S.; defining terms; 4 beginning on a specified date, requiring the 5 Department of Health to authorize medical marijuana 6 treatment centers (MMTCs) to operate as marijuana 7 cultivators, processors, distributors, and retailers; 8 exempting MMTCs from specified requirements and 9 limitations for such operations; requiring the 10 department to issue a specified number of marijuana 11 cultivator, processor, distributor, and retailer 12 licenses on specified dates; specifying application 13 requirements for such licensure; limiting the size of 14 the area used for cultivation of marijuana by licensed 15 cultivators to a specified square footage; limiting 16 licensed retailers to a specified number of retail 17 locations; providing that a person or entity may hold 18 only one type of such license at any given time; 19 requiring marijuana licensees to comply with specified 20 provisions and department rules at all times; 21 requiring marijuana licensees to request department 22 approval for any material modification to their 23 operation or ownership; providing requirements for 24 such approval process; providing applicability; 25 specifying requirements for change of ownership for 26 marijuana licenses; requiring the department to 27 conduct inspections of marijuana licensees; specifying 28 requirements for such inspections; requiring the 29 department to enter into an interagency agreement with 30 the Department of Agriculture and Consumer Services 31 for a specified purpose; authorizing the department to 32 enter into additional interagency agreements with the 33 Department of Highway Safety and Motor Vehicles and 34 the Department of Law Enforcement; requiring the 35 department to publish a list of all approved marijuana 36 licensees on its website; providing for administrative 37 penalties; authorizing the department to adopt rules; 38 preempting regulation of cultivation, processing, 39 dispensing, and delivery of marijuana by marijuana 40 licensees to the state, with an exception; providing 41 applicability; providing criminal penalties for 42 specified violations; defining the term “counterfeit”; 43 providing exceptions to specified criminal violations, 44 subject to the requirements of specified provisions 45 regulating the personal use of marijuana; defining 46 terms; exempting marijuana licensees and their owners, 47 managers, and employees from specified licensure 48 requirements and regulations; providing construction; 49 providing applicability; requiring that specified 50 fines and fees be deposited in the department’s Grants 51 and Donations Trust Fund; providing that certain rules 52 adopted before a specified date are not subject to 53 specified provisions; providing for future expiration 54 of a specified provision; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Section 381.9881, Florida Statutes, is created 59 to read: 60 381.9881 Personal use of marijuana.— 61 (1) DEFINITIONS.—As used in this section, the term: 62 (a) “Adult” means an individual 21 years of age or older. 63 (b) “Attractive to children” has the same meaning as in s. 64 381.986(1). 65 (c) “Cultivator” means a person or entity licensed by the 66 department to grow marijuana intended for retail sale to adults 67 for personal use. 68 (d) “Department” means the Department of Health. 69 (e) “Distributor” means a person or entity that holds a 70 license from the department to obtain marijuana from a processor 71 or another distributor and to distribute marijuana and marijuana 72 delivery devices at wholesale to retailers only, except that a 73 distributor may transfer marijuana and marijuana delivery 74 devices to another distributor for the wholesale sale to a 75 retailer. 76 (f) “Edibles” means commercially produced food items made 77 with marijuana oil, but no other form of marijuana. 78 (g) “Marijuana” means all parts of any plant of the genus 79 Cannabis, whether growing or not; the seeds thereof; the resin 80 extracted from any part of the plant; and every compound, 81 manufacture, salt, derivative, mixture, or preparation of the 82 plant or its seeds or resin. 83 (h) “Marijuana delivery device” means an object used, 84 intended for use, or designed for use in preparing, storing, 85 ingesting, inhaling, or otherwise introducing marijuana into the 86 human body. 87 (i) “Marijuana licensee” means a person or entity, other 88 than a medical marijuana treatment center licensed under s. 89 381.986, that holds a license as a cultivator, processor, 90 distributor, or retailer. 91 (j) “Marijuana testing laboratory” means a facility that 92 collects and analyzes marijuana samples from a cultivator or 93 processor and has been certified by the department pursuant to 94 s. 381.988. 95 (k) “Medical marijuana treatment center” means a person or 96 entity licensed under s. 381.986 to cultivate, process, 97 transport, and dispense medical marijuana and marijuana delivery 98 devices. 99 (l) “Personal use” means the possession, purchase, or use 100 of marijuana or a marijuana delivery device by an adult for 101 nonmedical personal consumption by smoking, inhalation, 102 ingestion, or otherwise. For purposes of this definition, an 103 individual’s possession of marijuana for personal use may not 104 exceed 2.0 ounces of marijuana, except that not more than 5 105 grams of marijuana may be in the form of concentrate. The term 106 does not include: 107 1. Possession or use of marijuana that was not purchased or 108 acquired from a retailer. 109 2. Transfer of marijuana to a person other than the adult 110 to whom it was dispensed. 111 3. Use of marijuana in the following locations: 112 a. On any form of public transportation. 113 b. In any public place. 114 c. In the adult’s place of employment, except when 115 permitted by his or her employer. 116 d. In a state correctional institution as defined in s. 117 944.02 or a correctional institution as defined in s. 944.241. 118 e. On the grounds of a preschool, primary school, or 119 secondary school, except as provided in s. 1006.062. 120 f. In a school bus, a vehicle, an aircraft, or a motorboat. 121 4. The smoking of marijuana in an enclosed indoor workplace 122 as defined in s. 386.203. 123 (m) “Processor” means a person or entity that holds a 124 license from the department to obtain marijuana from a 125 cultivator or another processor and to process such marijuana 126 into a product intended for retail sale. 127 (n) “Retailer” means a person or entity that holds a 128 license from the department to obtain marijuana from a processor 129 or distributor and to engage in the retail sale of marijuana and 130 marijuana delivery devices to adults for personal use. 131 (o) “Smoking” means burning or igniting a substance and 132 inhaling the smoke. 133 (2) LICENSURE AS A MARIJUANA LICENSEE.— 134 (a) Effective July 1, 2025, the department shall authorize 135 each medical marijuana treatment center to operate as a 136 cultivator, processor, distributor, and retailer under this 137 section. A medical marijuana treatment center is not required to 138 submit an application or pay a fee, other than any fees due 139 under s. 381.986, to obtain such authorization under this 140 section. Medical marijuana treatment centers may not be included 141 in the count of licenses issued under paragraph (b), are not 142 subject to the cultivation square footage limit in paragraph 143 (e), and are not subject to the retailer location limit in 144 paragraph (h). 145 (b) On July 1, 2025, and again on July 1, 2027, the 146 department shall initiate an application process to issue 5 147 cultivator licenses, 5 processor licenses, 3 distributor 148 licenses, and 10 retailer licenses. The licenses issued under 149 this paragraph may not be issued to any person or entity holding 150 a medical marijuana treatment center license. 151 (c) An applicant for licensure as a marijuana licensee must 152 apply to the department on a form prescribed by department rule. 153 The department shall adopt rules pursuant to ss. 120.536(1) and 154 120.54 establishing a procedure for the issuance and biennial 155 renewal of licenses, including initial application and biennial 156 renewal fees sufficient to cover the costs of implementing and 157 administering this section. Subject to the limitations in 158 paragraph (b), the department shall issue a license to an 159 applicant if the applicant meets the requirements of this 160 section and pays the initial application fee. The department 161 shall renew the licensure of a marijuana licensee biennially if 162 the licensee meets the requirements of this section and pays the 163 biennial renewal fee. Medical marijuana treatment centers are 164 exempt from payment of the biennial renewal fee. 165 (d) An applicant for licensure as a marijuana licensee 166 must: 167 1. Demonstrate the technical and technological ability to 168 operate as a cultivator, processor, distributor, or retailer, as 169 applicable. 170 2. Demonstrate the ability to secure the premises, 171 resources, and personnel necessary to operate as a cultivator, 172 processor, distributor, or retailer, as applicable. 173 3. Demonstrate the ability to maintain accountability of 174 all marijuana and any byproducts to prevent diversion or 175 unlawful access to or possession of such substances. 176 4. Demonstrate the financial ability to maintain operations 177 for the duration of the 2-year approval cycle, including the 178 provision of certified financial statements to the department. 179 a. Upon approval, the applicant must post a performance 180 bond in the following amount issued by an authorized surety 181 insurance company rated in one of the three highest rating 182 categories by a nationally recognized rating service: 183 (I) Cultivator license – $500,000. 184 (II) Processor license – $500,000. 185 (III) Distributor license – $500,000. 186 (IV) Retailer license – $250,000. 187 b. In lieu of the performance bond, the applicant may 188 provide an irrevocable letter of credit in the applicable amount 189 prescribed under subparagraph a., payable to the department. 190 5. Ensure all owners, officers, board members, managers, 191 and employees have passed a background screening under s. 192 381.986(9). 193 6. Use the department’s seed-to-sale tracking system. 194 (e) In addition to the requirements of paragraphs (c) and 195 (d), an applicant for licensure as a cultivator must: 196 1. Possess a valid certificate of registration issued by 197 the Department of Agriculture and Consumer Services pursuant to 198 s. 581.131. 199 2. Comply with the applicable requirements of s. 200 381.986(8), and any applicable rules adopted pursuant thereto, 201 as determined by department rule. 202 203 A cultivator may not exceed 100,000 square feet of total canopy 204 space for marijuana plants. A person or entity licensed as a 205 cultivator may not be licensed as a distributor, processor, or 206 retailer. 207 (f) In addition to the requirements of paragraphs (c) and 208 (d), an applicant for licensure as a processor must: 209 1. Demonstrate that all of its proposed processing 210 facilities have passed a Food Safety Good Manufacturing 211 Practices inspection or an equivalent inspection by a nationally 212 accredited certifying body such as the Global Food Safety 213 Initiative. 214 2. If the processor intends on producing edibles, possess a 215 permit to operate as a food establishment pursuant to chapter 216 500, the Florida Food Safety Act. 217 3. Comply with the applicable requirements of s. 218 381.986(8), and any applicable rules adopted pursuant thereto, 219 as determined by department rule. 220 221 A person or entity licensed as a processor may not be licensed 222 as a cultivator, distributor, or retailer. 223 (g) In addition to the requirements of paragraphs (c) and 224 (d), an applicant for licensure as a distributor must: 225 1. Maintain warehouse space, which is either owned or 226 leased by the distributor, of at least 2,500 square feet to 227 store marijuana and marijuana delivery devices. 228 2. Comply with the applicable requirements of s. 229 381.986(8), and any applicable rules adopted pursuant thereto, 230 as determined by department rule. 231 232 A person or entity licensed as a distributor may not be licensed 233 as a cultivator, processor, or retailer. 234 (h) In addition to the requirements of paragraphs (c) and 235 (d), an applicant for licensure as a retailer must comply with 236 the applicable requirements of s. 381.986(8), and any applicable 237 rules adopted pursuant thereto, as determined by department 238 rule. A retailer licensee may operate up to three retail 239 locations under its license. A person or entity licensed as a 240 retailer may not be licensed as a cultivator, processor, or 241 distributor. 242 (i) A person or an entity may not have an interest in more 243 than one marijuana license at any given time. 244 (3) MODIFICATION TO OPERATIONS OR OWNERSHIP.—A marijuana 245 licensee shall, at all times, maintain compliance with the 246 requirements of this section and the applicable requirements of 247 s. 381.986 and department rules. A marijuana licensee must 248 request department approval of a material modification to its 249 operations or ownership, as determined by department rule, 250 before implementation of such modification. The department shall 251 approve a material modification upon a determination that the 252 proposed modification will comply with the requirements of this 253 section, the applicable requirements of s. 381.986, and the 254 applicable department rules. A request for approval of a 255 material modification under this subsection is governed by s. 256 120.60. Upon a medical marijuana treatment center’s licensure as 257 a marijuana licensee, this subsection applies to modifications 258 to the medical marijuana treatment center’s operations and 259 ownership, and the variance provisions of s. 381.986(8) no 260 longer apply. 261 (4) CHANGE OF OWNERSHIP.—A marijuana licensee may transfer 262 ownership of the license to an individual or entity that meets 263 the requirements of this section. A publicly traded corporation 264 or publicly traded company that meets the requirements of this 265 section is not precluded from ownership of a marijuana license. 266 A change of ownership must be in accordance with the procedure 267 specified in s. 381.986(8)(e)1. 268 (5) MARIJUANA LICENSEE INSPECTIONS; ADMINISTRATIVE 269 ACTIONS.— 270 (a) The department shall conduct announced or unannounced 271 inspections of marijuana licensees to determine compliance with 272 this section and rules adopted pursuant to this section. 273 (b) Upon receiving a complaint or notice that a retailer 274 has dispensed marijuana containing mold, bacteria, or other 275 contaminant that may cause or has caused an adverse effect to 276 human health or the environment, the department shall inspect 277 all marijuana licensees involved in the cultivation, processing, 278 distributing, and retail sale of the marijuana. 279 (c) The department shall conduct at least a biennial 280 inspection of each marijuana licensee to evaluate the licensee’s 281 records, personnel, equipment, processes, security measures, 282 sanitation practices, and quality assurance practices. 283 (d) The department and the Department of Agriculture and 284 Consumer Services shall enter into an interagency agreement to 285 ensure cooperation and coordination in the performance of their 286 obligations under this section and their respective regulatory 287 and authorizing laws. The department, the Department of Highway 288 Safety and Motor Vehicles, and the Department of Law Enforcement 289 may also enter into interagency agreements for the purposes 290 specified in this section. 291 (e) The department shall publish a list of all approved 292 marijuana licensees on its website. 293 (f) The department may impose reasonable fines not to 294 exceed $10,000 on a marijuana licensee for any of the following 295 violations: 296 1. Violating this section or an applicable department rule. 297 2. Failing to maintain qualifications for approval. 298 3. Endangering the health, safety, or welfare of an adult. 299 4. Attempting to procure a marijuana license by bribery, 300 fraudulent misrepresentation, or extortion. 301 5. Being convicted or found guilty of, or entering a plea 302 of guilty or nolo contendere to, regardless of adjudication, a 303 crime in any jurisdiction which directly relates to the business 304 of the marijuana licensee. 305 6. Making or filing a report or record that the marijuana 306 licensee knows to be false. 307 7. Willfully failing to maintain a record required by this 308 section or department rule. 309 8. Willfully impeding or obstructing an employee or agent 310 of the department in the furtherance of his or her official 311 duties. 312 9. Engaging in fraud or deceit, negligence, incompetence, 313 or misconduct in the business practices of the marijuana 314 licensee. 315 10. Making misleading, deceptive, or fraudulent 316 representations in or related to the business practices of the 317 marijuana licensee. 318 11. Having a license or the authority to engage in any 319 regulated profession, occupation, or business that is related to 320 the business practices of the marijuana licensee suspended, 321 revoked, or otherwise acted against by the licensing authority 322 of any jurisdiction, including its agencies or subdivisions, for 323 a violation that would constitute a violation under the laws of 324 this state. 325 12. Violating a lawful order of the department or an agency 326 of the state, or failing to comply with a lawfully issued 327 subpoena of the department or an agency of the state. 328 (g) The department may suspend, revoke, or refuse to renew 329 a marijuana licensee if the licensee commits a violation 330 specified in paragraph (f). 331 (h) The department may adopt rules pursuant to ss. 332 120.536(1) and 120.54 to implement this subsection. 333 (6) PREEMPTION.—Regulation of cultivation, processing, 334 dispensing, and delivery of marijuana by marijuana licensees is 335 preempted to the state, except as provided in s. 381.986(11). 336 Section 381.986(11) applies to marijuana licensees with the same 337 force and to the same extent as to medical marijuana treatment 338 centers. 339 (7) PENALTIES.— 340 (a) A person younger than 21 years of age who fraudulently 341 represents his or her age for purposes of obtaining marijuana or 342 a marijuana delivery device for personal use commits a 343 misdemeanor of the first degree, punishable as provided in s. 344 775.082 or s. 775.083. 345 (b) A person who uses marijuana in plain view of or in a 346 place open to the general public; in a school bus, a vehicle, an 347 aircraft, or a motorboat; or on the grounds of a school, except 348 as provided in s. 1006.062, commits a misdemeanor of the first 349 degree, punishable as provided in s. 775.082 or s. 775.083. 350 (c) Except as provided in s. 381.986, a person who 351 purchases or acquires marijuana from any person or entity other 352 than a retailer violates s. 893.13 and is subject to the 353 penalties provided therein. 354 (d) Except as provided in s. 381.986, a person or entity 355 that cultivates, processes, distributes, sells, or dispenses 356 marijuana, as defined in s. 29(b)(4), Art. X of the State 357 Constitution, and is not properly licensed as a marijuana 358 licensee violates s. 893.13 and is subject to the penalties 359 provided therein. 360 (e) A person who manufactures, distributes, sells, gives, 361 or possesses with the intent to manufacture, distribute, sell, 362 or give marijuana or a marijuana delivery device that he or she 363 holds out to have originated from a marijuana licensee but that 364 is counterfeit commits a felony of the third degree, punishable 365 as provided in s. 775.082, s. 775.083, or s. 775.084. For 366 purposes of this paragraph, the term “counterfeit” means 367 marijuana; a marijuana delivery device; or a marijuana or 368 marijuana delivery device container, seal, or label that, 369 without authorization, bears the trademark, trade name, or other 370 identifying mark, imprint, or device, or any likeness thereof, 371 of a marijuana licensee and that thereby falsely purports or is 372 represented to be the product of that marijuana licensee. 373 (8) EXCEPTIONS TO OTHER LAWS.— 374 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 375 any other law, but subject to the requirements of this section, 376 an adult may obtain from a retailer, use, and possess at any 377 given time marijuana delivery devices and up to 2.0 ounces of 378 marijuana for personal use, except that no more than 5 grams of 379 marijuana may be in the form of concentrate, and all marijuana 380 obtained must remain in its original packaging. 381 (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 382 any other law, but subject to the requirements of this section, 383 a marijuana licensee and its owners, managers, and employees may 384 manufacture, possess, sell, deliver, distribute, dispense, or 385 lawfully dispose of marijuana or a marijuana delivery device in 386 accordance with the applicable license and the requirements of 387 this section, s. 381.988, and department rule. For the purposes 388 of this subsection, the terms “deliver,” “distribute,” 389 “dispense” “manufacture,” and “possession,” have the same 390 meanings as provided in s. 893.02. 391 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 392 any other law, but subject to the requirements of this section, 393 a certified marijuana testing laboratory, including an employee 394 of a certified marijuana testing laboratory acting within the 395 scope of his or her employment, may acquire, possess, test, 396 transport, and lawfully dispose of marijuana as provided in this 397 section, in s. 381.988, and by department rule. 398 (d) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 399 any other law, but subject to the requirements of this section, 400 the department, including an employee of the department acting 401 within the scope of his or her employment, may acquire, possess, 402 test, transport, and lawfully dispose of marijuana and marijuana 403 delivery devices as provided in this section, in s. 381.988, and 404 by department rule. 405 (e) A marijuana licensee and its owners, managers, and 406 employees are not subject to licensure or regulation under 407 chapter 465 or chapter 499 for manufacturing, possessing, 408 selling, delivering, distributing, dispensing, or lawfully 409 disposing of marijuana or a marijuana delivery device, as 410 provided in this section, in s. 381.988, and by department rule. 411 (f) This subsection does not exempt a person from 412 prosecution for a criminal offense related to impairment or 413 intoxication resulting from the personal use of marijuana or 414 relieve a person from any requirement under law to submit to a 415 breath, blood, urine, or other test to detect the presence of a 416 controlled substance. 417 (9) APPLICABILITY.—Section 381.986(13) and (15) apply to 418 this section. 419 (10) FINES AND FEES.—Fines and fees collected by the 420 department under this section must be deposited in the Grants 421 and Donations Trust Fund within the department. 422 (11) RULES.—Rules adopted pursuant to this section before 423 July 1, 2026, are not subject to ss. 120.54(3)(b) and 120.541. 424 This subsection expires July 1, 2026. 425 Section 2. This act shall take effect July 1, 2025.