Bill Text: FL S1312 | 2019 | Regular Session | Introduced

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Bill Title: Cannabis

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-03 - Withdrawn from further consideration [S1312 Detail]

Download: Florida-2019-S1312-Introduced.html

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       Florida Senate - 2019                                    SB 1312
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01675-19                                           20191312__
    1                        A bill to be entitled                      
    2         An act relating to cannabis; amending s. 893.13, F.S.;
    3         providing reduced criminal penalties for distribution
    4         or possession of certain amounts of cannabis
    5         concentrate or THC in cannabis products or edibles;
    6         reenacting ss. 772.12(2)(a) and 893.15, F.S., relating
    7         to the Drug Dealer Liability Act and rehabilitation,
    8         respectively, to incorporate changes made by the act;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (3) and paragraph (b) of subsection
   14  (6) of section 893.13, Florida Statutes, are amended to read:
   15         893.13 Prohibited acts; penalties.—
   16         (3) A person who delivers, without consideration, up to 1
   17  unit of the following substances in any combination, commits a
   18  misdemeanor of the first degree, punishable as provided in s.
   19  775.082 or s. 775.083:
   20         (a) Twenty 20 grams or less of cannabis, as defined in this
   21  chapter, in which 20 grams constitutes 1 unit and any lesser
   22  amount is a ratio with 20 grams as the denominator, commits a
   23  misdemeanor of the first degree, punishable as provided in s.
   24  775.082 or s. 775.083;
   25         (b) Six grams or less of cannabis concentrate in which 6
   26  grams constitutes 1 unit and any lesser amount is a ratio with 6
   27  grams as the denominator; or
   28         (c) Six hundred milligrams or less of THC in cannabis
   29  products or edibles in which 600 milligrams constitutes 1 unit
   30  and any lesser amount is a ratio with 600 milligrams as the
   31  denominator.
   32  
   33  As used in paragraph (a) this subsection, the term “cannabis”
   34  does not include the resin extracted from the plants of the
   35  genus Cannabis or any compound manufacture, salt, derivative,
   36  mixture, or preparation of such resin.
   37         (6)
   38         (b) If the offense is the possession of up to 1 unit of the
   39  following substances in any combination, a person commits a
   40  misdemeanor of the first degree, punishable as provided in s.
   41  775.082 or s. 775.083:
   42         1. Twenty 20 grams or less of cannabis, as defined in this
   43  chapter, in which 20 grams constitutes 1 unit and any lesser
   44  amount is a ratio with 20 grams as the denominator, the person
   45  commits a misdemeanor of the first degree, punishable as
   46  provided in s. 775.082 or s. 775.083.;
   47         2. Six grams or less of cannabis concentrate in which 6
   48  grams constitutes 1 unit and any lesser amount is a ratio with 6
   49  grams as the denominator; or
   50         3. Six hundred milligrams or less of THC in cannabis
   51  products or edibles in which 600 milligrams constitutes 1 unit
   52  and any lesser amount is a ratio with 600 milligrams as the
   53  denominator.
   54  
   55  As used in subparagraph 1. this subsection, the term “cannabis”
   56  does not include the resin extracted from the plants of the
   57  genus Cannabis, or any compound manufacture, salt, derivative,
   58  mixture, or preparation of such resin.
   59         Section 2. For the purpose of incorporating the amendment
   60  made by this act to section 893.13, Florida Statutes, in a
   61  reference thereto, paragraph (a) of subsection (2) of section
   62  772.12, Florida Statutes, is reenacted to read:
   63         772.12 Drug Dealer Liability Act.—
   64         (2) A person, including any governmental entity, has a
   65  cause of action for threefold the actual damages sustained and
   66  is entitled to minimum damages in the amount of $1,000 and
   67  reasonable attorney’s fees and court costs in the trial and
   68  appellate courts, if the person proves by the greater weight of
   69  the evidence that:
   70         (a) The person was injured because of the defendant’s
   71  actions that resulted in the defendant’s conviction for:
   72         1. A violation of s. 893.13, except for a violation of s.
   73  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
   74         2. A violation of s. 893.135; and
   75         Section 3. For the purpose of incorporating the amendment
   76  made by this act to section 893.13, Florida Statutes, in a
   77  reference thereto, Section 893.15, Florida Statutes, is
   78  reenacted to read:
   79         893.15 Rehabilitation.—Any person who violates s.
   80  893.13(6)(a) or (b) relating to possession may, in the
   81  discretion of the trial judge, be required to participate in a
   82  substance abuse services program approved or regulated by the
   83  Department of Children and Families pursuant to the provisions
   84  of chapter 397, provided the director of such program approves
   85  the placement of the defendant in such program. Such required
   86  participation shall be imposed in addition to any penalty or
   87  probation otherwise prescribed by law. However, the total time
   88  of such penalty, probation, and program participation shall not
   89  exceed the maximum length of sentence possible for the offense.
   90         Section 4. This act shall take effect July 1, 2019.