Florida SB 1398: Florida ABLE Program Trust Fund/State Board of Administration

Bill Text

1398 
Availability of Marijuana for Adult Use 
2026-01-08T03:20:31Z 
Revising the sales tax exemption for the sale of marijuana and marijuana delivery devices to apply only to purchases by qualified patients and caregivers; revising background screening requirements for caregivers; revising provisions related to the licensure and functions of medical marijuana treatment centers (MMTCs); authorizing MMTCs licensed to cultivate or process marijuana to use contractors to assist with the cultivation and processing of marijuana; authorizing MMTCs licensed to cultivate and process marijuana to sell marijuana at wholesale to other registered MMTCs only if certain conditions are met; requiring an MMTC to obtain a facility permit before selling, dispensing, or storing marijuana in a facility, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1398 

 By Senator Smith 

 17-00091A-26 20261398__ 
 1 A bill to be entitled 
 2 An act relating to the availability of marijuana for 
 3 adult use; amending s. 212.08, F.S.; revising the 
 4 sales tax exemption for the sale of marijuana and 
 5 marijuana delivery devices to apply only to purchases 
 6 by qualified patients and caregivers; amending s. 
 7 381.986, F.S.; revising definitions; revising 
 8 background screening requirements for caregivers; 
 9 revising provisions related to the licensure and 
 10 functions of medical marijuana treatment centers 
 11 (MMTCs); requiring the Department of Health to adopt 
 12 by rule certain standards, procedures, and 
 13 requirements; requiring the department to adopt by 
 14 rule a specified MMTC registration form; providing 
 15 registration requirements; providing that a 
 16 registration expires after a specified time; requiring 
 17 an MMTC to obtain separate operating licenses to 
 18 perform certain operations; specifying application 
 19 requirements for MMTCs to obtain cultivation licenses 
 20 and processing licenses; providing for the expiration 
 21 and renewal of such licenses; requiring an MMTC to 
 22 obtain a facility permit before cultivating or 
 23 processing marijuana at the facility; authorizing 
 24 MMTCs licensed to cultivate or process marijuana to 
 25 use contractors to assist with the cultivation and 
 26 processing of marijuana; providing that a licensee is 
 27 ultimately responsible for all operations relating to 
 28 the cultivation and processing and for maintaining 
 29 physical possession of the marijuana at all times; 
 30 requiring that work done by contractors be performed 
 31 at permitted facilities; requiring licensees using a 
 32 contractor to register the contractor’s principals and 
 33 employees under certain circumstances; providing that 
 34 such principals and employees may not begin 
 35 participating in the operations until they have 
 36 received an identification card from the department; 
 37 providing for the destruction of certain marijuana 
 38 byproducts within a specified timeframe after their 
 39 production; authorizing MMTCs licensed to cultivate 
 40 and process marijuana to sell marijuana at wholesale 
 41 to other registered MMTCs only if certain conditions 
 42 are met; prohibiting an MMTC from transporting or 
 43 delivering marijuana outside of its property without a 
 44 transportation license; providing requirements for the 
 45 cultivation and processing of marijuana; deleting a 
 46 requirement that each MMTC produce and make available 
 47 for purchase at least one low-THC cannabis product; 
 48 deleting certain tetrahydrocannabinol limits for 
 49 edibles; requiring an MMTC that holds a license for 
 50 processing to test marijuana before it is sold in 
 51 addition to when it is dispensed; deleting obsolete 
 52 language; revising packaging requirements for 
 53 marijuana and edibles; providing application 
 54 requirements for an MMTC to obtain a retail license; 
 55 providing for the expiration and renewal of a retail 
 56 license; requiring an MMTC to obtain a facility permit 
 57 before selling, dispensing, or storing marijuana in a 
 58 facility; requiring an MMTC to cease certain 
 59 operations in a facility under certain circumstances; 
 60 prohibiting a dispensing facility from repackaging or 
 61 modifying marijuana that has already been packaged for 
 62 sale; providing exceptions; authorizing a retail 
 63 licensee to contract with an MMTC that has a 
 64 transportation license to transport marijuana for the 
 65 retail licensee under certain circumstances; 
 66 prohibiting onsite consumption or administration of 
 67 marijuana at a dispensing facility; revising 
 68 requirements for the dispensing of marijuana by an 
 69 MMTC licensed for retail; requiring an MMTC licensed 
 70 for retail to include specified information on the 
 71 label for marijuana or a marijuana delivery device 
 72 dispensed to a qualified patient or caregiver; 
 73 authorizing an MMTC to sell marijuana to an adult 21 
 74 years of age