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.