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. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 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 49 ESTABLISHING ADULT RIGHT TO CANNABIS.—Proposing an 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.