CS/CS/HB 1269 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to potency for adult personal use of 2
marijuana; creating s. 381.9861, F.S.; providing 3
definitions; specifying the authorized potency of 4
tetrahydrocannabinol when consuming marijuana for 5
personal use; providing exceptions; prohibiting 6
edibles for personal use from containing more than a 7
specified amount of tetrahydrocannabinol or from 8
having a potency variance greater than a specified 9
percentage; prohibiting a container for marijuana 10
products prepackaged for use in a vapor -generating 11
electronic device from exceeding a specified size; 12
amending chapter 2017 -232, Laws of Florida; abrogating 13
the contingent future repeal of specified provisions; 14
providing a contingent effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Section 381.9861, Florida Statutes, is created 19
to read: 20
381.9861 Potency limits for adult personal use of 21
marijuana.— 22
(1) As used in this section, the term: 23
(a) "Edibles" means commercially produced food items made 24
with marijuana oil, but no other form of marijuana. 25
CS/CS/HB 1269 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "Marijuana" means all parts of any plant of the genus 26
Cannabis, whether growing or not; the seeds thereof; the resi n 27
extracted from any part of the plant; and every compound, 28
manufacture, salt, derivative, mixture, or preparation of the 29
plant or its seeds or resin, including low -THC cannabis. 30
(c) "Marijuana delivery device" means an object used, 31
intended for use, or designed for use in preparing, storing, 32
ingesting, inhaling, or otherwise introducing marijuana into the 33
human body. 34
(d) "Personal use" means possession, purchase, or use of 35
marijuana or a marijuana delivery device by an adult 21 years of 36
age or older for nonmedical consumption. 37
(e) "Potency" means the relative strength of cannabinoids, 38
and the total amount, in milligrams, of tetrahydrocannabinol as 39
the sum of delta-9-tetrahydrocannabinol, plus 0.877 multiplied 40
by tetrahydrocannabinolic acid, plus delta -8-41
tetrahydrocannabinol and cannabidiol as the sum of cannabidiol, 42
plus 0.877 multiplied by cannabidiolic acid in the final 43
product. 44
(2)(a) Marijuana for personal use may not have a 45
tetrahydrocannabinol potency, by weight or volume, of greater 46
than 30 percent for marijuana in a form for smoking or greater 47
than 60 percent in the final product for all other forms of 48
marijuana, excluding edibles and marijuana products prepackaged 49
for use in a vapor-generating electronic device, as defined in 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 386.203. 51
(b) Edibles for personal use may not contain more than 200 52
milligrams of tetrahydrocannabinol and a single serving portion 53
of an edible may not exceed 10 milligrams of 54
tetrahydrocannabinol. Edibles may have a potency variance of no 55
greater than 15 percent. 56
(c) A container for marijuana products prepackaged for use 57
in a vapor-generating electronic device, as defined in s. 58
386.203, may not exceed more than 1,000 milligrams total volume. 59
Section 2. Section 1 of chapter 2017 -232, Laws of Florida, 60
is amended to read: 61
Section 1. Legislative intent. —It is the intent of the 62
Legislature to implement s. 29, Article X of the State 63
Constitution by creating a unified regulatory structure. If s. 64
29, Article X of the State Constitution is amended or a 65
constitutional amendment related to cannabis or marijuana is 66
adopted, this act shall expire 6 months after the effective date 67
of such amendment. 68
Section 3. This act shall take effect 30 days after 69
passage of an amendment to the State Constitution authorizing 70
adult personal use of marijuana . 71