Florida Senate - 2024                   (Proposed Bill) SPB 7050
       
       
        
       FOR CONSIDERATION By the Committee on Health Policy
       
       
       
       
       
       588-02755A-24                                         20247050pb
    1                        A bill to be entitled                      
    2         An act relating to marijuana; creating s. 381.9861,
    3         F.S.; defining terms; prohibiting medical marijuana
    4         treatment centers from selling, delivering, or
    5         distributing marijuana with greater than a specified
    6         potency; providing an exception for edibles;
    7         prohibiting edibles for personal use from containing
    8         more than a specified amount of tetrahydrocannabinol;
    9         amending chapter 2017-232, Laws of Florida; abrogating
   10         the contingent future repeal of specified provisions;
   11         providing a contingent effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 381.9861, Florida Statutes, is created
   16  to read:
   17         381.9861 Limitations on the personal use of marijuana.—
   18         (1) As used in this section, the term:
   19         (a) “Edibles” means commercially produced food items made
   20  with marijuana oil, but no other form of marijuana.
   21         (b) “Marijuana” means all parts of any plant of the genus
   22  Cannabis, whether growing or not; the seeds thereof; the resin
   23  extracted from any part of the plant; and every compound,
   24  manufacture, salt, derivative, mixture, or preparation of the
   25  plant or its seeds or resin, including low-THC cannabis.
   26         (c) “Marijuana delivery device” means an object used,
   27  intended for use, or designed for use in preparing, storing,
   28  ingesting, inhaling, or otherwise introducing marijuana into the
   29  human body.
   30         (d) “Personal use” means possession, purchase, or use of
   31  marijuana or a marijuana delivery device by an adult 21 years of
   32  age or older for nonmedical consumption.
   33         (e) “Potency” means the relative strength of cannabinoids,
   34  and the total amount, in milligrams, of tetrahydrocannabinol as
   35  the sum of delta-9-tetrahydrocannabinol, plus 0.877 multiplied
   36  by tetrahydrocannabinolic acid, plus delta-8
   37  tetrahydrocannabinol and cannabidiol as the sum of cannabidiol,
   38  plus 0.877 multiplied by cannabidiolic acid in the final
   39  product.
   40         (2) A medical marijuana treatment center may not sell,
   41  deliver, or distribute marijuana for personal use which has a
   42  potency, by weight or volume, of greater than 30 percent
   43  tetrahydrocannabinol for marijuana in a form for smoking or
   44  greater than 60 percent tetrahydrocannabinol in the final
   45  product for all other forms of marijuana, excluding edibles.
   46  Edibles for personal use may not contain more than 200
   47  milligrams of tetrahydrocannabinol, and a single serving portion
   48  of an edible may not exceed 10 milligrams of
   49  tetrahydrocannabinol.
   50         Section 2. Section 1 of chapter 2017-232, Laws of Florida,
   51  is amended to read:
   52         Section 1. Legislative intent.—It is the intent of the
   53  Legislature to implement s. 29, Article X of the State
   54  Constitution by creating a unified regulatory structure. If s.
   55  29, Article X of the State Constitution is amended or a
   56  constitutional amendment related to cannabis or marijuana is
   57  adopted, this act shall expire 6 months after the effective date
   58  of such amendment.
   59         Section 3. This act shall take effect 30 days after passage
   60  of an amendment to the State Constitution authorizing adult
   61  personal use of marijuana.