Marijuana Legalization Initiative Campaign Starts In Florida

(4) “Cannabis plant” means a plant, including, but not limited to, a seedling or cutting. To determine if a piece or part of a cannabis plant severed from
the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root
hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not
be a dead harvested plant are not relevant in determining if the plant is a cannabis plant.
(5) “Cannabis product manufacturing facility” means an entity licensed to purchase cannabis; manufacture, prepare, and package cannabis products; and
sell cannabis and cannabis products to other cannabis product manufacturing facilities and to retail cannabis stores, but not to consumers.
(6) “Cannabis products” means concentrated cannabis products and cannabis products that are comprised of cannabis and other ingredients and are
intended for use or human consumption, such as, but not limited to, edible products, infused products, ointments, and tinctures.
(7) “Cannabis testing facility” means an entity licensed to analyze and certify the safety and potency of cannabis.
(8) “Consumer” means a person twenty-one years of age or older who purchases cannabis or cannabis products for personal use by persons twenty-one
years of age or older, but not for resale to others. Consumer does not include any form of business entity, partnership, or incorporation.
(9) “Corporation” means any form of business entity, partnership, joint venture, limited liability company, cooperative, or other manner of incorporation.
(10) “County” means a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution.
(11) “Department” means the Florida Department of Business & Professional Regulation or its successor agency.
(12) “Florida Cannabis Act” means this section of the Florida Constitution, and as may be codified.
(13) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State
Constitution.
(14) “Retail cannabis store” means an entity licensed to purchase cannabis from cannabis cultivation facilities and cannabis products from cannabis
product manufacturing facilities and to sell cannabis and cannabis products to consumers.
(c) Personal use of cannabis. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under
Florida law or the law of any county or municipality within Florida or be a basis for seizure or forfeiture of assets under Florida law for persons twentyone
years of age or older:
(1) Possessing, using, displaying, purchasing, or transporting one ounce or less of cannabis;
(2) Growing no more than six cannabis plants per household member twenty-one years of age or older, with three or fewer being mature or flowering
plants, within a household member’s primary residence, provided that the growing takes place in an enclosed, locked space, is not conducted openly
or publicly, and the cannabis so grown is not made available for sale;
(3) Transfer of one ounce or less of cannabis without remuneration to a person who is twenty-one years of age or older;
(4) Consumption of cannabis within a private business establishment or on its premises consistent with this section; or
(5) Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (1) through (5) of this subsection.
(d) Lawful operation of cannabis establishment. Notwithstanding any other provision of law, the following acts are not unlawful and shall not
be an offense under Florida law or be a basis for seizure or forfeiture of assets under Florida law for persons twenty-one years of age or older:
(1) Possessing, displaying, or transporting cannabis or cannabis products; purchase of cannabis from a cannabis cultivation facility; purchase of cannabis
or cannabis products from a cannabis product manufacturing facility; or sale of cannabis or cannabis product to consumers, if the person conducting
the activities described in this subsection has obtained a current, valid license to operate a retail cannabis store or is acting in his or her capacity as an
owner, employee or agent of a licensed retail cannabis store;
(2) Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing cannabis; delivery or transfer of cannabis to a cannabis testing
facility; selling cannabis to a cannabis cultivation facility, a cannabis product manufacturing facility, or a retail cannabis store; or the purchase of
cannabis from a cannabis cultivation facility, if the person conducting the activities described in this subsection has obtained a current, valid license
to operate a cannabis cultivation facility or is acting in his or her capacity as an owner, employee, or agent of a licensed cannabis cultivation facility;
(3) Packaging, processing, transporting, manufacturing, displaying, or possessing cannabis or cannabis products; delivery or transfer of cannabis or
cannabis products to a cannabis testing facility; selling cannabis or cannabis products to a retail cannabis store or a cannabis product manufacturing
facility; the purchase of cannabis from a cannabis cultivation facility; or the purchase of cannabis or cannabis products from a cannabis product
manufacturing facility, if the person conducting the activities described in this subsection has a current, valid license to operate a cannabis product
manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed cannabis product manufacturing facility;
(4) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering cannabis or cannabis products in
connection with testing activities, if the person has obtained a current, valid license to operate a cannabis testing facility or is acting in his or her
capacity as an owner, employee, or agent of a licensed cannabis testing facility; or
(5) Leasing or otherwise allowing the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities
conducted lawfully in accordance with paragraphs (1) through (5) of this subsection.
(e) Regulation of cannabis.
(1) Not later than July 1, 2017, the department shall adopt regulations necessary for implementation of this section. Such regulations shall include:
a. Procedures for the issuance, renewal, suspension, and revocation of a license to operate a cannabis establishment, with such procedures subject to all
requirements of s. 120.54, Florida Statutes (2015) or as amended;
b. That licenses shall be issued only to persons of good moral character who are not less than twenty-one years of age and who have resided in the state
for the preceding five years. Licenses to corporations shall be issued only to corporations whose officers and directors are of good moral character,
not less than twenty-one years of age, and who have resided in the state for the preceding five years;
c. That no license under this section shall be issued to any person who has been convicted within the last past five years in this state or any other state
or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal
violation of Chapter 893, Florida Statutes (2015) or as amended, or the controlled substance act of any other state or the Federal Government; or who
has been convicted in the last past 15 years of any felony in this state or any other state or the United States or to a corporation, any of the officers or
directors of which shall have been so convicted. The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or
the forfeiture of a bond when charged with a crime; and
d. County and municipality time, place, manner, and number of cannabis establishment operations minimum requirements for any county or
municipality that does not enact time, place, manner, and number of cannabis establishment operations by ordinances or regulations pursuant to
subsection (e)(5)(a).
e. The department may suspend or revoke a license under this section, or may refuse to issue a license under this section to: