Florida Senate - 2025 SB 334
By Senator Gruters
22-00412A-25 2025334__
1 A bill to be entitled
2 An act relating to marijuana products; amending s.
3 381.986, F.S.; conforming a cross-reference;
4 authorizing certain qualified patients to apply to the
5 Department of Agriculture and Consumer Services for a
6 certificate to cultivate up to two cannabis plants for
7 personal consumption; requiring the department to
8 adopt rules related to such certificates, including
9 rules for inspection and registration of each cannabis
10 plant; requiring an applicant to provide certain
11 documentation if he or she is leasing a residence;
12 providing that no more than two cannabis plants may be
13 cultivated at a single residence regardless of the
14 number of eligible qualified patients who reside
15 there; specifying limitations on and requirements for
16 the cultivation of cannabis plants for personal use;
17 providing criminal penalties; amending s. 581.217,
18 F.S.; revising legislative findings; revising
19 definitions; defining the term “total delta-9
20 tetrahydrocannabinol concentration”; providing
21 conditions for the manufacture, delivery, holding,
22 offering for sale, distribution, and sale of hemp
23 extract; prohibiting the sale of hemp extract at
24 unpermitted businesses or establishments or at retail
25 stalls on the street or at festivals; prohibiting
26 businesses and food establishments from possessing
27 hemp extract products that are attractive to children
28 or from being located within a specified distance of
29 certain properties; specifying conditions for the
30 advertising of hemp extract products; requiring the
31 department to preapprove all advertisements for
32 business and food establishments selling hemp extract;
33 providing requirements for recordkeeping, recall
34 procedures, and storage for businesses and food
35 establishments selling hemp extract products;
36 providing that such establishments are subject to
37 random, unannounced inspections by the Department of
38 Law Enforcement and the Department of Agriculture and
39 Consumer Services; prohibiting the sale of hemp in a
40 form for smoking; providing administrative penalties;
41 prohibiting the Department of Agriculture and Consumer
42 Services from granting permission to remove or use
43 certain hemp extract products until it determines
44 whether such hemp extract products comply with state
45 law; prohibiting any person or entity in this state
46 from engaging in a process that converts hemp
47 extract’s cannabidiol in a specified manner;
48 prohibiting event organizers from promoting,
49 advertising, or facilitating certain events; providing
50 for administrative fines; reenacting ss. 500.03(1)(n),
51 893.02(3), 916.1085(1)(a), 944.47(1)(a), 951.22(1)(h),
52 and 985.711(1)(a), F.S., relating to the definition of
53 “food”; the definition of “cannabis”; introduction or
54 removal of certain articles unlawful; introduction,
55 removal, or possession of contraband; county detention
56 facilities and contraband articles; and introduction,
57 removal, or possession of certain articles unlawful,
58 respectively, to incorporate the amendments made to s.
59 581.217, F.S., in references thereto; providing an
60 appropriation; providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Present subsections (10) through (17) of section
65 381.986, Florida Statutes, are redesignated as subsections (11)
66 through (18), respectively, a new subsection (10) is added to
67 that section, and paragraph (f) of subsection (4) of that
68 section is amended, to read:
69 381.986 Medical use of marijuana.—
70 (4) PHYSICIAN CERTIFICATION.—
71 (f) A qualified physician may not issue a physician
72 certification for more than three 70-day supply limits of
73 marijuana or more than six 35-day supply limits of marijuana in
74 a form for smoking. The department shall quantify by rule a
75 daily dose amount with equivalent dose amounts for each
76 allowable form of marijuana dispensed by a medical marijuana
77 treatment center. The department shall use the daily dose amount
78 to calculate a 70-day supply.
79 1. A qualified physician may request an exception to the
80 daily dose amount limit, the 35-day supply limit of marijuana in
81 a form for smoking, and the 4-ounce possession limit of
82 marijuana in a form for smoking established in paragraph (15)(a)
83 (14)(a). The request must shall be made electronically on a form
84 adopted by the department in rule and must include, at a
85 minimum:
86 a. The qualified patient’s qualifying medical condition.
87 b. The dosage and route of administration that was
88 insufficient to provide relief to the qualified patient.
89 c. A description of how the patient will benefit from an
90 increased amount.
91 d. The minimum daily dose amount of marijuana that would be
92 sufficient for the treatment of the qualified patient’s
93 qualifying medical condition.
94 2. A qualified physician must provide the qualified
95 patient’s records upon the request of the department.
96 3. The department shall approve or disapprove the request
97 within 14 days after receipt of the complete documentation
98 required by this paragraph. The request is shall be deemed
99 approved if the department fails to act within this time period.
100 (10) HOME CULTIVATION.—
101 (a) A qualified patient who is at least 21 years of age may
102 apply to the Department of Agriculture and Consumer Services for
103 a certificate authorizing the qualified patient to cultivate up
104 to two cannabis plants at his or her residence for personal
105 consumption. The Department of Agriculture and Consumer Services
106 shall adopt rules pursuant to ss. 120.536(1) and 120.54
107 establishing procedures for the issuance, renewal, suspension,
108 replacement, surrender, and revocation of such certificates,
109 including rules providing for the inspection and registration of
110 each cannabis plant by the Department of Agriculture and
111 Consumer Services. For any residence that is leased, the
112 certificate applicant must provide documentation demonstrating
113 that the property owner consents to marijuana cultivation on the
114 property. If two or more qualified patients at least 21 years of
115 age reside at the same residence, no more than two cannabis
116 plants may be cultivated at that residence.
117 (b) Cannabis plants may not be cultivated in a location
118 where the plants are subject to public view, including a view
119 from another private property, without the use of binoculars,
120 aircraft, or other special aids.
121 (c) A qualified patient who cultivates cannabis shall
122 ensure the plants are located in an enclosed, locked space to
123 prevent access by unauthorized persons and persons younger than
124 21 years of age. The use of cannabis cultivated for personal
125 consumption is subject to the limitations on use or
126 administration of marijuana as specified in subparagraph
127 (1)(k)5.
128 (d) A person who violates this subsection commits a
129 misdemeanor of the first degree, punishable as provided in s.
130 775.082 or s. 775.083.
131 Section 2. Paragraph (b) of subsection (2), paragraphs (a),
132 (e), (f), and (g) of subsection (3), and subsection (7) of
133 section 581.217, Florida Statutes, are amended, and paragraph
134 (h) is added to subsection (3) of that section, to read:
135 581.217 State hemp program.—
136 (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
137 (b) Hemp and hemp extract Hemp-derived cannabinoids,
138 including, but not limited to, cannabidiol, are not controlled
139 substances or adulterants if they are in compliance with this
140 section.
141 (3) DEFINITIONS.—As used in this section, the term:
142 (a) “Attractive to children” means manufactured in the
143 shape of or packaged in containers that display humans,
144 cartoons, or animals, toys, or other features that appeal to
145 children; manufactured in a form or packaged in a container that
146 bears any reasonable resemblance to an existing candy or snack
147 product that is familiar to children; manufactured in a form or
148 packaged in a container that bears any resemblance to a the
149 public as a widely distributed, branded food product marketed to
150 children, such that the a product could be mistaken for the
151 branded food product, especially by children; or containing any
152 color additives.
153 (e) “Hemp” means the plant Cannabis sativa L. and any part
154 of that plant, including the seeds thereof, and all derivatives,
155 extracts, cannabinoids, isomers, acids, salts, and salts of
156 isomers thereof, whether growing or not, that has a total delta
157 9-tetrahydrocannabinol concentration that does not exceed 0.3
158 percent on a dry-weight basis, with the exception of hemp
159 extract, which may not exceed 0.3 percent total delta-9
160 tetrahydrocannabinol concentration on a wet-weight basis or that
161 does not exceed 2 milligrams per serving and 20 milligrams per
162 container on a wet-weight basis, whichever is less.
163 (f) “Hemp extract” means hemp that is a substance or
164 compound intended for ingestion or inhalation and that contains,
165 containing more than trace amounts of a cannabinoid but, or for
166 inhalation which is derived from or contains hemp and which does
167 not contain any controlled substance listed in s. 893.03; any
168 quantity of synthetic cannabinoids; or any delta-8
169 tetrahydrocannabinol, delta-10-tetrahydrocannabinol,
170 hexahydrocannabinol, tetrahydrocannabinol acetate,
171 tetrahydrocannabiphorol, or tetrahydrocannabivarin substances.
172 The term does not include synthetic cannabidiol or seeds or
173 seed-derived ingredients that are generally recognized as safe
174 by the United States Food and Drug Administration.
175 (g) “Independent testing laboratory” means a laboratory
176 that:
177 1. Does not have a direct or indirect interest in the
178 entity whose product is being tested;
179 2. Does not have a direct or indirect interest in a
180 facility that cultivates, processes, distributes, dispenses, or
181 sells hemp or hemp extract in the state or in another
182 jurisdiction or cultivates, processes, distributes, dispenses,
183 or sells marijuana, as defined in s. 381.986; and
184 3. Is accredited by a third-party accrediting body as a
185 competent testing laboratory pursuant to ISO/IEC 17025 of the
186 International Organization for Standardization and has been
187 certified by the department, which may adopt rules governing the
188 certification of testing laboratories.
189 (h) “Total delta-9-tetrahydrocannabinol concentration”
190 means a concentration calculated as follows: [delta-9-70
191 tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic
192 acid]).
193 (7) MANUFACTURE, DELIVERY, HOLDING, OFFERING FOR SALE,
194 DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT.—
195 (a) Hemp extract may only be manufactured, delivered, held,
196 offered for sale, distributed, or and sold in this the state
197 only if the product:
198 1. Has a certificate of analysis prepared by an independent
199 testing laboratory certified by the department which that
200 states:
201 a. The hemp extract is the product of a batch tested by the
202 independent testing laboratory;
203 b. The batch contained a total delta-9-tetrahydrocannabinol
204 concentration that did not exceed 0.3 percent pursuant to the
205 testing of a random sample of the batch. However, if the batch
206 is sold at retail, the batch must meet the total delta-9-
207 tetrahydrocannabinol concentration limits set forth in paragraph
208 (3)(e) for hemp extract;
209 c. The batch does not contain contaminants unsafe for human
210 consumption; and
211 d. The batch was processed in a facility that holds a
212 current and valid permit issued by a human health or food safety
213 regulatory entity with authority over the facility, and that
214 facility meets the human health or food safety sanitization
215 requirements of the regulatory entity. Such compliance must be
216 documented by a report from the regulatory entity confirming
217 that the facility meets such requirements.
218 2. Is manufactured, delivered, held, offered for sale,
219 distributed, or sold in a container that includes:
220 a. A scannable barcode or quick response code linked to the
221 certificate of analysis of the hemp extract batch by an
222 independent testing laboratory;
223 b. The batch number;
224 c. The Internet address of a website where batch
225 information may be obtained;
226 d. The expiration date; and
227 e. The number of milligrams of each marketed cannabinoid
228 per serving.
229 3. Is manufactured, delivered, held, offered for sale,
230 distributed, or sold in a container that:
231 a. Is suitable to contain products for human consumption;
232 b. Is composed of materials designed to minimize exposure
233 to light;
234 c. Mitigates exposure to high temperatures;
235 d. Is not attractive to children; and
236 e. Is compliant with the United States Poison Prevention
237 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
238 regard to provided exemptions.
239 (b) Hemp extract may only be sold to or procured by a
240 business in this state if that business is properly permitted as
241 required by this section. The sale of hemp extract at
242 unpermitted businesses or establishments or at retail stalls on
243 the street or at festivals is prohibited. A business or food
244 establishment may not possess hemp or hemp extract products that
245 are attractive to children and may not be located within 500
246 feet of the real property that comprises a school or day care
247 facility, a retail outlet as defined in s. 526.303, or any other
248 retail facility in possession of a valid permit to sell hemp
249 extract. Businesses and food establishments permitted to sell
250 hemp extract:
251 1. May not advertise the availability of such products in a
252 manner that is visible to members of the public from any street,
253 sidewalk, park, or other public place. A business or food
254 establishment permitted to sell hemp extract may not use a trade
255 name, logo, or advertising that contains wording or images that
256 are attractive to children; imply that such products confer
257 health or medical benefits that are unsubstantiated; or suggest
258 that the business or food establishment is affiliated with a
259 medical office or other health care facility. Any advertising
260 may not include the terms “THC” or “medical card” or similar
261 terms. All advertisements must be preapproved by the department.
262 2. Shall keep records pertaining to lab testing results and
263 their suppliers of hemp extract products for a minimum of 3
264 years and shall have procedures in place to implement a recall
265 of any hemp extract later determined to be unsafe for human
266 consumption.
267 3. Shall store all such products out of reach of customers,
268 either in a controlled area accessible only to employees or in a
269 locked display case.
270 4. Are subject to random, unannounced inspections by the
271 Department of Law Enforcement and the department.
272 (c) Hemp extract manufactured, delivered, held, offered for
273 sale, distributed, or sold in this state is subject to the
274 applicable requirements of chapter 500, chapter 502, or chapter
275 580.
276 (d) Products that are intended for human ingestion or
277 inhalation and that contain hemp extract, including, but not
278 limited to, snuff, chewing gum, and other smokeless products,
279 may not be sold in this state to a person who is under 21 years
280 of age. Hemp and hemp extract may not be sold in a form for
281 smoking. A person who violates this paragraph commits a
282 misdemeanor of the second degree, punishable as provided in s.
283 775.082 or s. 775.083. A person who commits a second or
284 subsequent violation of this paragraph within 1 year after the
285 initial violation commits a misdemeanor of the first degree,
286 punishable as provided in s. 775.082 or s. 775.083.
287 Additionally, after the third violation, the department shall
288 revoke the violator’s license, permit, authorization,
289 certificate, or registration, as applicable.
290 (e) Hemp extract possessed, manufactured, delivered, held,
291 offered for sale, distributed, or sold in violation of this
292 subsection by an entity regulated under chapter 500 is subject
293 to s. 500.172 and penalties as provided in s. 500.121. Hemp
294 extract products found to be mislabeled or attractive to
295 children are subject to an immediate stop-sale order. The
296 department may not grant permission to remove or use, except for
297 disposal, hemp extract products subject to a stop-sale order
298 which are attractive to children until the department determines
299 whether the hemp extract products comply with state law.
300 (f) No person or entity may engage in any process that
301 converts hemp extract’s cannabidiol into delta-9, delta-8,
302 delta-10-tetrahydrocannabinol, or other tetrahydrocannabinol
303 isomers, analogs, or derivatives.
304 (g)1. An event organizer may not promote, advertise, or
305 facilitate an event where:
306 a. Hemp extract products that do not comply with general
307 law, including hemp extract products that are not from an
308 approved source as provided in sub-subparagraph (a)1.d., are
309 sold or marketed; or
310 b. Hemp extract products are sold or marketed by businesses
311 that are not properly permitted as required by this section and
312 chapter 500.
313 2. A person who violates this paragraph is subject to an
314 administrative fine in the Class IV category under s. 570.971
315 for each violation.
316 Section 3. For the purpose of incorporating the amendment
317 made by this act to section 581.217, Florida Statutes, in a
318 reference thereto, paragraph (n) of subsection (1) of section
319 500.03, Florida Statutes, is reenacted to read:
320 500.03 Definitions; construction; applicability.—
321 (1) For the purpose of this chapter, the term:
322 (n) “Food” includes:
323 1. Articles used for food or drink for human consumption;
324 2. Chewing gum;
325 3. Articles used for components of any such article;
326 4. Articles for which health claims are made, which claims
327 are approved by the Secretary of the United States Department of
328 Health and Human Services and which claims are made in
329 accordance with s. 343(r) of the federal act, and which are not
330 considered drugs solely because their labels or labeling contain
331 health claims;
332 5. Dietary supplements as defined in 21 U.S.C. s.
333 321(ff)(1) and (2); and
334 6. Hemp extract as defined in s. 581.217.
335
336 The term includes any raw, cooked, or processed edible
337 substance; ice; any beverage; or any ingredient used, intended
338 for use, or sold for human consumption.
339 Section 4. For the purpose of incorporating the amendment
340 made by this act to section 581.217, Florida Statutes, in a
341 reference thereto, subsection (3) of section 893.02, Florida
342 Statutes, is reenacted to read:
343 893.02 Definitions.—The following words and phrases as used
344 in this chapter shall have the following meanings, unless the
345 context otherwise requires:
346 (3) “Cannabis” means all parts of any plant of the genus
347 Cannabis, whether growing or not; the seeds thereof; the resin
348 extracted from any part of the plant; and every compound,
349 manufacture, salt, derivative, mixture, or preparation of the
350 plant or its seeds or resin. The term does not include
351 “marijuana,” as defined in s. 381.986, if manufactured,
352 possessed, sold, purchased, delivered, distributed, or
353 dispensed, in conformance with s. 381.986. The term does not
354 include hemp as defined in s. 581.217 or industrial hemp as
355 defined in s. 1004.4473.
356 Section 5. For the purpose of incorporating the amendment
357 made by this act to section 581.217, Florida Statutes, in a
358 reference thereto, paragraph (a) of subsection (1) of section
359 916.1085, Florida Statutes, is reenacted to read:
360 916.1085 Introduction or removal of certain articles
361 unlawful; penalty.—
362 (1)(a) Except as authorized by law or as specifically
363 authorized by the person in charge of a facility, it is unlawful
364 to introduce into or upon the grounds of any facility under the
365 supervision or control of the department or agency, or to take
366 or attempt to take or send therefrom, any of the following
367 articles, which are declared to be contraband for the purposes
368 of this section:
369 1. Any intoxicating beverage or beverage which causes or
370 may cause an intoxicating effect;
371 2. Any controlled substance as defined in chapter 893,
372 marijuana as defined in s. 381.986, hemp as defined in s.
373 581.217, or industrial hemp as defined in s. 1004.4473;
374 3. Any firearm or deadly weapon;
375 4. Any cellular telephone or other portable communication
376 device as described in s. 944.47(1)(a)6., intentionally and
377 unlawfully introduced inside the secure perimeter of any
378 forensic facility under the operation and control of the
379 department or agency. As used in this subparagraph, the term
380 “portable communication device” does not include any device that
381 has communication capabilities which has been approved or issued
382 by the person in charge of the forensic facility;
383 5. Any vapor-generating electronic device as defined in s.
384 386.203, intentionally and unlawfully introduced inside the
385 secure perimeter of any forensic facility under the operation
386 and control of the department or agency; or
387 6. Any other item as determined by the department or the
388 agency, and as designated by rule or by written institutional
389 policies, to be hazardous to the welfare of clients or the
390 operation of the facility.
391 Section 6. For the purpose of incorporating the amendment
392 made by this act to section 581.217, Florida Statutes, in a
393 reference thereto, paragraph (a) of subsection (1) of section
394 944.47, Florida Statutes, is reenacted to read:
395 944.47 Introduction, removal, or possession of contraband;
396 penalty.—
397 (1)(a) Except through regular channels as authorized by the
398 officer in charge of the correctional institution, it is
399 unlawful to introduce into or upon the grounds of any state
400 correctional institution, or to take or attempt to take or send
401 or attempt to send therefrom, any of the following articles
402 which are hereby declared to be contraband for the purposes of
403 this section, to wit:
404 1. Any written or recorded communication or any currency or
405 coin given or transmitted, or intended to be given or
406 transmitted, to any inmate of any state correctional
407 institution.
408 2. Any article of food or clothing given or transmitted, or
409 intended to be given or transmitted, to any inmate of any state
410 correctional institution.
411 3. Any intoxicating beverage or beverage which causes or
412 may cause an intoxicating effect.
413 4. Any controlled substance as defined in s. 893.02(4),
414 marijuana as defined in s. 381.986, hemp as defined in s.
415 581.217, industrial hemp as defined in s. 1004.4473, or any
416 prescription or nonprescription drug having a hypnotic,
417 stimulating, or depressing effect.
418 5. Any firearm or weapon of any kind or any explosive
419 substance.
420 6. Any cellular telephone or other portable communication
421 device intentionally and unlawfully introduced inside the secure
422 perimeter of any state correctional institution without prior
423 authorization or consent from the officer in charge of such
424 correctional institution. As used in this subparagraph, the term
425 “portable communication device” means any device carried, worn,
426 or stored which is designed or intended to receive or transmit
427 verbal or written messages, access or store data, or connect
428 electronically to the Internet or any other electronic device
429 and which allows communications in any form. Such devices
430 include, but are not limited to, portable two-way pagers, hand
431 held radios, cellular telephones, Blackberry-type devices,
432 personal digital assistants or PDA’s, laptop computers, or any
433 components of these devices which are intended to be used to
434 assemble such devices. The term also includes any new technology
435 that is developed for similar purposes. Excluded from this
436 definition is any device having communication capabilities which
437 has been approved or issued by the department for investigative
438 or institutional security purposes or for conducting other state
439 business.
440 7. Any vapor-generating electronic device as defined in s.
441 386.203, intentionally and unlawfully introduced inside the
442 secure perimeter of any state correctional institution.
443 Section 7. For the purpose of incorporating the amendment
444 made by this act to section 581.217, Florida Statutes, in a
445 reference thereto, paragraph (h) of subsection (1) of section
446 951.22, Florida Statutes, is reenacted to read:
447 951.22 County detention facilities; contraband articles.—
448 (1) It is unlawful, except through regular channels as duly
449 authorized by the sheriff or officer in charge, to introduce
450 into or possess upon the grounds of any county detention
451 facility as defined in s. 951.23 or to give to or receive from
452 any inmate of any such facility wherever said inmate is located
453 at the time or to take or to attempt to take or send therefrom
454 any of the following articles, which are contraband:
455 (h) Any narcotic, hypnotic, or excitative drug or drug of
456 any kind or nature, including nasal inhalators, sleeping pills,
457 barbiturates, marijuana as defined in s. 381.986, hemp as
458 defined in s. 581.217, industrial hemp as defined in s.
459 1004.4473, or controlled substances as defined in s. 893.02(4).
460 Section 8. For the purpose of incorporating the amendment
461 made by this act to section 581.217, Florida Statutes, in a
462 reference thereto, paragraph (a) of subsection (1) of section
463 985.711, Florida Statutes, is reenacted to read:
464 985.711 Introduction, removal, or possession of certain
465 articles unlawful; penalty.—
466 (1)(a) Except as authorized through program policy or
467 operating procedure or as authorized by the facility
468 superintendent, program director, or manager, a person may not
469 introduce into or upon the grounds of a juvenile detention
470 facility or commitment program, or take or send, or attempt to
471 take or send, from a juvenile detention facility or commitment
472 program, any of the following articles, which are declared to be
473 contraband under this section:
474 1. Any unauthorized article of food or clothing given or
475 transmitted, or intended to be given or transmitted, to any
476 youth in a juvenile detention facility or commitment program.
477 2. Any intoxicating beverage or any beverage that causes or
478 may cause an intoxicating effect.
479 3. Any controlled substance as defined in s. 893.02(4),
480 marijuana as defined in s. 381.986, hemp as defined in s.
481 581.217, industrial hemp as defined in s. 1004.4473, or any
482 prescription or nonprescription drug that has a hypnotic,
483 stimulating, or depressing effect.
484 4. Any firearm or weapon of any kind or any explosive
485 substance.
486 5. Any cellular telephone or other portable communication
487 device as described in s. 944.47(1)(a)6., intentionally and
488 unlawfully introduced inside the secure perimeter of any
489 juvenile detention facility or commitment program. As used in
490 this subparagraph, the term “portable communication device” does
491 not include any device that has communication capabilities which
492 has been approved or issued by the facility superintendent,
493 program director, or manager.
494 6. Any vapor-generating electronic device as defined in s.
495 386.203, intentionally and unlawfully introduced inside the
496 secure perimeter of any juvenile detention facility or
497 commitment program.
498 7. Any currency or coin given or transmitted, or intended
499 to be given or transmitted, to any youth in any juvenile
500 detention facility or commitment program.
501 8. Any cigarettes, as defined in s. 210.01(1), or tobacco
502 products, as defined in s. 210.25, given, or intended to be
503 given, to any youth in a juvenile detention facility or
504 commitment program.
505 Section 9. For the 2025-2026 fiscal year, the sum of $2
506 million in nonrecurring funds is appropriated from the General
507 Revenue Fund to the Department of Law Enforcement for the
508 purchase of testing equipment necessary to implement this act.
509 Section 10. This act shall take effect July 1, 2025.