Bill Text: FL S0094 | 2024 | Regular Session | Introduced
Bill Title: Cannabis Offenses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0094 Detail]
Download: Florida-2024-S0094-Introduced.html
Florida Senate - 2024 SB 94 By Senator Jones 34-00101-24 202494__ 1 A bill to be entitled 2 An act relating to cannabis offenses; amending s. 3 893.13, F.S.; reducing criminal penalties for a first, 4 second, or third violation if the offense is the 5 possession of 20 grams or less of cannabis; 6 prohibiting the possession of any drug paraphernalia 7 discovered in connection with and intended for use 8 with such violations from being considered a criminal 9 act or being prosecuted as such; making technical 10 changes; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraphs (a) and (b) of subsection (6) of 15 section 893.13, Florida Statutes, are amended, and paragraph (f) 16 is added to that subsection, to read: 17 893.13 Prohibited acts; penalties.— 18 (6)(a) A person may not be in actual or constructive 19 possession of a controlled substance, except as provided in 20 paragraph (b), unless thesuchcontrolled substance was lawfully 21 obtained from a practitioner or pursuant to a valid prescription 22 or order of a practitioner while acting in the course of his or 23 her professional practice or to be in actual or constructive 24 possession of a controlled substance except as otherwise 25 authorized by this chapter. A person who violates this paragraph 26provisioncommits a felony of the third degree, punishable as 27 provided in s. 775.082, s. 775.083, or s. 775.084. 28 (b)1. If the offense is the possession of 20 grams or less 29 of cannabis,as defined in this chapter,the person commits a 30 noncriminal violationmisdemeanor of the first degree, 31 punishable by a fine of $100 for a first violation, by a fine of 32 $250 for a second violation, or by a fine of $500 for a third 33 violationas provided in s. 775.082 or s. 775.083. For a fourth 34 or subsequent violation of this paragraph, the person commits a 35 misdemeanor of the first degree, punishable as provided in s. 36 775.082 or s. 775.083. 37 2. Notwithstanding any other law, the possession of any 38 drug paraphernalia as defined in s. 893.145 which is discovered 39 in connection with a first, second, or third violation of this 40 paragraph and is intended for use with such noncriminal 41 violation may not be considered a criminal act or prosecuted as 42 suchAs used in this subsection, the term “cannabis” does not43include the resin extracted from the plants of the genus44Cannabis, or any compound manufacture, salt, derivative,45mixture, or preparation of such resin. 46 (f) As used in this subsection, the term “cannabis” does 47 not include the resin extracted from the plants of the genus 48 Cannabis, or any compound manufacture, salt, derivative, 49 mixture, or preparation of such resin. 50 Section 2. This act shall take effect July 1, 2024.