an annual license has been issued to the applicant. A license issued by a county or municipality in accordance with this subsection shall have the
same force and effect as a license issued by the department in accordance with subsection (e)(7). A subsequent or renewed license may be issued
under this subsection on an annual basis if the department has not adopted regulations in accordance with subsection (e)(1) at least ninety days prior
to the date upon which such subsequent or renewed license would be effective or if the department has adopted regulations pursuant to subsection
(e)(1) but has not, at least ninety days after the adoption of such regulations, issued the license pursuant to subsection (e)(7) and has not notified the
applicant, in writing, of the specific reason for its denial.
(f) Employers, driving, minors, control of property, and federal law.
(1) Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display,
transportation, sale, or growing of cannabis in the workplace or to affect or repeal the ability of employers to have policies restricting the use of
cannabis by employees.
(2) Nothing in this section is intended to allow driving while impaired by cannabis, nor shall this section prevent the state from criminal penalties
pursuant to s. 316.193, Florida Statutes (2015) or as amended.
(3) Nothing in this section is intended to permit the transfer of cannabis, with or without remuneration, to a person under the age of twenty-one or to
allow a person under the age of twenty-one to purchase, possess, use, transport, grow, or consume cannabis, except as otherwise permitted under
state law or the Florida Constitution.
(4) Nothing in this section shall prohibit a person, employer, corporation or any other entity who occupies, owns or controls a residency or detention
facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling,
rehabilitation, correctional, or similar services; transient occupancy in a hotel, condominium, motel, rooming house, or similar public lodging, or
transient occupancy in a mobile home park; occupancy by a holder of a proprietary lease in a cooperative apartment; or occupancy by an owner of a
condominium unit from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or
growing of cannabis on or in that property.
(5) Nothing in this section purports to give immunity under federal law for possession, consumption, use, display, transfer, distribution, sale,
transportation, or growing of cannabis.
(g) Medical cannabis provisions unaffected. Nothing in this section shall be construed:
(1) To limit any privileges or rights of a medical cannabis dispensing organization licensed pursuant to Rule 64-4.002, a qualified patient, medical use,
or physician ordering as defined in s. 381.986(2), Florida Statutes (2015) or as amended (the Compassionate Use of low-THC Cannabis Act);
(2) To permit a medical cannabis dispensing organization to distribute cannabis to a person who is not a medical cannabis qualified patient;
(3) To permit a medical cannabis dispensing organization licensed pursuant to Rule 64-4.002, to purchase cannabis or cannabis products in a manner or
from a source not authorized under this section;
(4) To permit any medical cannabis dispensing organization licensed pursuant to Rule 64-4.002, Florida Administrative Code, or as amended, to operate
on the same premises as a retail cannabis store; or
(5) To discharge the Florida Department of Health, its Office of Compassionate Use, or successor agency from their statutory and constitutional duties to
regulate medical cannabis pursuant to Rules 64-4.001, .002, .004, .005, and .009, Florida Administrative Code, or as amended.
(h) The Florida Cannabis Act’s effect on other Florida laws relating to cannabis or marijuana.
(1) Nothing in this section shall be construed to affect or repeal s. 112.0455, Florida Statutes (2015) (the Drug-Free Workplace Act).
(2) Nothing in this section shall be construed to affect or repeal s. 327.38, Florida Statutes (2015) (use of water skis, aquaplane, or similar device from a
vessel while under the influence of marijuana).
(3) The Florida Legislature shall revise s. 775.087(2)(a)1(q), Florida Statutes (2015) (actual possession of a firearm or destructive device) to qualify the
word “cannabis” to accommodate possession consistent with this section.
(4) The Florida Legislature shall revise s. 775.087(3)(a)1(r), Florida Statutes (2015) or as amended (actual possession of a semiautomatic firearm and its
high capacity detachable box magazine, or a machine gun) to qualify the word “cannabis” to accommodate possession consistent with this section.
(5) The Florida Legislature shall revise s. 812.14(6)(b), Florida Statutes (2015) or as amended (use of utility services to grow marijuana indoors) to
accommodate use of utility services consistent with this section.
(6) The Florida Legislature shall revise ss. 893.145-893.147, Florida Statutes (2015) or as amended, to qualify the definition of “drug paraphernalia,” the
determination of paraphernalia, and the use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia
consistent with this section, and shall otherwise revise, Chapter 893, Florida Statutes (2015) (drug abuse prevention and control) as needed to qualify
and quantify cannabis possession and use consistent with this section.
(i) Self-executing, severability, conflicting provisions. All provisions of this section are self-executing except as specified herein. All
provisions of this section are severable, and, except where otherwise indicated in the text, shall supersede conflicting state statutory, local charter,
ordinance, or resolution, and other state and local provisions.
(j) Effective date. Except as otherwise provided herein, all provisions of this proposed amendment shall be effective
Ending Marijuana Prohibition
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