HB 1297 - Recreational Marijuana Summary

• Renames the Division of Alcoholic Beverages and Tobacco to include Marijuana; establishes the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund to receive revenues from marijuana taxes and licensing fees.

• Imposes a $50 per ounce excise tax on marijuana sales from cultivation facilities to retailers or manufacturers, with annual inflation adjustments beginning in 2017; 15% of revenue transfers to the trust fund and 5% goes to the Department of Health for marijuana research until January 1, 2024.

• Authorizes persons 21 and older to possess up to 2.5 ounces of marijuana, grow up to 6 plants, and consume marijuana in nonpublic places; establishes licensing system for marijuana cultivation, testing, manufacturing, and retail establishments with division oversight and local regulation authority.

• Requires marijuana establishments to implement security measures, maintain records, prevent sales to minors, and comply with licensing standards; prohibits sales between 1 a.m. and 6 a.m., and prohibits free merchandise or gifts to consumers.

• Makes violations of marijuana prohibitions regarding false identification and public consumption noncriminal violations subject to civil penalties ($100-$600); exempts conduct authorized under Chapter 566 from existing controlled substance laws (sections 893.13 and 893.135).