SESSION WATCH
Died SENATE · SESSION 2026

No. SB 1398

Availability of Marijuana for Adult Use
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SPONSOR
Smith
FILED BY
Carlos Guillermo Smith — District 17, Democrat [search donations]
EFFECTIVE
Except as otherwise expressly provided in this act and except for this section, which shall take effect upon becoming a law, this act shall take effect January 1, 2027
DIED IN
Health Policy

Filed under Criminal Justice.

PROVIDED SUMMARY

Availability of Marijuana for Adult Use; 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.

Full bill text →

Plain English Summary

AI-GENERATED
Legalizes adult marijuana sales and tightens medical marijuana licensing.

The bill allows medical marijuana treatment centers to sell marijuana to adults 21 and older, expanding access beyond the current medical-only framework. This creates a new retail market regulated by the state.

It replaces the old medical marijuana licensing system with a new structure requiring registration, operating licenses, and facility permits before any business can cultivate, process, or sell marijuana. This increases compliance requirements for existing operators.

The bill restricts the sales tax exemption for marijuana to purchases made by qualified patients and caregivers, meaning adults buying for personal use will now pay sales tax on their purchases.

It allows licensed medical marijuana centers to hire contractors for cultivation and processing, and to sell marijuana at wholesale to other licensed centers, creating a more complex supply chain for the industry.

KEY PROVISIONS
§ 1 Sales Tax Exemption Limited to Medical Purchases majors. 212.08(2)(l)

AIThe sales tax exemption for marijuana and delivery devices now applies only to purchases made by qualified patients or caregivers, removing the exemption for other buyers.

“exempt from the taxes imposed under this chapter if they are purchased by a qualified patient or a caregiver, as those terms are defined in s. 381.986” bill text, line 315 →
§ 2 Caregivers face stricter background checks majors. 381.986(2)(7)(6)

AICaregivers must pass a level 2 background screening and are barred from serving if they have certain pending arrests or convictions, unless they are a close relative of the patient.

“Pass a level 2 background screening pursuant to chapter 435, unless the patient is a close relative of the caregiver.”
§ 3 MMTCs may use contractors for cultivation and processing majors. 381.986(2)(8)(c)

AILicensed MMTCs can hire contractors to help cultivate or process marijuana, but the MMTC remains responsible for all operations and must maintain physical possession of the marijuana at all times.

“A licensee under this subsection may use contractors to assist with the cultivation or processing of marijuana” bill text, line 785 →
§ 4 Wholesale sales between MMTCs are permitted majors. 381.986(2)(8)(c)

AIMMTCs licensed to cultivate or process may sell marijuana at wholesale to other registered MMTCs, provided the seller provides documentation that the marijuana meets testing, packaging, and labeling requirements.

“A licensee under this subsection may sell marijuana at wholesale only to other registered MMTCs.” bill text, line 803 →
§ 5 New registration and licensing structure replaces old licensure majors. 381.986(2)(8)(b)

AIThe bill replaces the old MMTC licensure process with a new system requiring registration, operating licenses for each operation, and facility permits before beginning cultivation, processing, or dispensing.

“In addition to obtaining registration pursuant to this paragraph, an MMTC must obtain an operating license for each operation it will perform” bill text, line 748 →
§ 6 Retail Sales to Adults 21+ majors. 381.986(3)(d)(16)(g)

AIPermits MMTCs to sell marijuana to adults 21+ with age verification, expanding beyond medical patients only.

“May sell marijuana to an adult 21 years of age or older pursuant to s. 381.9901” bill text, line 1182 →
§ 7 Retail License and Facility Permit majors. 381.986(3)(d)(16)(3)

AIRequires MMTCs to obtain a retail license and a facility permit before selling, dispensing, or storing marijuana at any location.

“Before beginning to sell, dispense, or store marijuana, the retail licensee must obtain a facility permit from the department” bill text, line 1125 →
§ 8 Transportation License and Vehicle Permits majors. 381.986(3)(f)(6)

AICreates a transportation license and vehicle permit system, allowing MMTCs to use contractors for delivery and transport.

“An MMTC with a transportation license may deliver, or contract for the delivery of, marijuana” bill text, line 1309 →
TIMELINE
3/13/2026
Died in Health Policy
1/22/2026
Introduced
1/16/2026
Referred to Health Policy; Finance and Tax; Appropriations
1/8/2026
Filed
STATUTES IT CHANGES
s. 212.08
+19 / −0
s. 381.9901
+316 / −0
s. 604.71
+155 / −0
s. 893.13
+285 / −133
s. 893.1352
+626 / −0
s. 893.147
+140 / −0