FL H4041

Removes cannabis from Schedule I of Florida's controlled substances list (s. 893.03, F.S.) and strikes the statutory definition of "Cannabis" from s. 893.02, while retaining tetrahydrocannabinols (THC) as a Schedule I substance

Eliminates all cannabis-specific criminal penalties, including the first-degree misdemeanor for delivering 20 grams or less without consideration, the first-degree misdemeanor for possession of 20 grams or less, and the provision allowing warrantless arrest for cannabis possession

Strikes the entire cannabis trafficking provision (s. 893.135(1)(a)), which previously imposed mandatory minimum sentences of 3 years/$25,000 fine (25–2,000 lbs), 7 years/$50,000 fine (2,000–10,000 lbs), and 15 years/$200,000 fine (10,000+ lbs)

Removes the presumption that possession of 25 or more cannabis plants constitutes prima facie evidence of intent to sell or distribute

Eliminates cannabis-related entries from the Criminal Punishment Code offense severity ranking chart across Levels 1, 2, 3, 5, 7, 8, and 9, including cannabis purchase, possession over 20 grams, trafficking, sale/delivery near protected locations, and delivery to minors

Removes cannabis-specific items from the drug paraphernalia definition, including separation gins and sifters used for cleaning or refining cannabis, references to cannabis cigarettes in the roach clips definition, and cannabis from the ingestion/inhalation objects provision

Updates cross-references throughout 17 Florida Statutes sections — including those governing health care fraud disqualifications (s. 456.0635), the Drug Dealer Liability Act (s. 772.12), the Prescription Drug Monitoring Program (s. 893.055), and rehabilitation programs (s. 893.15) — to conform to renumbered subsections

Updates the controlled substance definition cross-reference from s. 893.02(4) to s. 893.02(3) in statutes governing county detention facilities, juvenile detention facilities and commitment programs, and exceptional students instruction

Effective date: July 1, 2015