Florida Senate - 2019                                   SJR 1298
       By Senator Bracy
       11-01397-19                                           20191298__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article I of the State Constitution to establish
    4         the right of persons over a specified age in this
    5         state to possess, use, and cultivate cannabis.
    7  Be It Resolved by the Legislature of the State of Florida:
    9         That the following creation of Section 28 of Article I of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                              ARTICLE I                            
   15                        DECLARATION OF RIGHTS                      
   16         SECTION 28. Adult right to cannabis.—
   17         (a) As used in this section, the term:
   18         (1) “Cannabis” means all parts of any plant of the genus
   19  Cannabis, whether growing or not, and the seeds thereof; the
   20  resin extracted from any part of the plant; and every compound,
   21  manufacture, salt, derivative, mixture, or preparation of the
   22  plant or its seeds or resin.
   23         (2) “Cultivation” means the planting, tending, improving,
   24  or harvesting of crops or plants and the preparation of ground
   25  or growing medium to promote their growth.
   26         (3) “Possession” means having, owning, or controlling
   27  cannabis. The term includes actual and constructive possession
   28  and sole and joint possession, including the joint control with
   29  any other person.
   30         (4) “Use” means the application, ingestion, consumption, or
   31  inhalation of cannabis including, but not limited to, eating,
   32  drinking, vaporizing, and smoking.
   33         (b) Any person in this state of twenty-one years of age or
   34  older has the right to the possession of, the use of, and the
   35  cultivation of cannabis. This right may not be infringed, except
   36  that the transfer of cannabis by purchase or sale may be
   37  regulated by law as necessary to ensure public health and
   38  safety.
   39         (c) If any provision of this section or its application to
   40  any person or circumstance is held invalid, the invalidity does
   41  not affect the remaining provisions or applications of this
   42  section which can be given effect without the invalid provision
   43  or application, and to this end the provisions of this section
   44  are severable.
   45         BE IT FURTHER RESOLVED that the following statement be
   46  placed on the ballot:
   47                      CONSTITUTIONAL AMENDMENT                     
   48                        ARTICLE I, SECTION 28                      
   50  amendment to the State Constitution to establish the right for
   51  persons in this state who are 21 years of age or older to
   52  cultivate, possess, or use cannabis. The amendment specifies
   53  that the right to cannabis may not be infringed, except that the
   54  transfer of cannabis by purchase or sale may be regulated by
   55  law.