A Florida lawmaker has introduced a new bill to legalize recreational marijuana that also aims to break up what he calls “monopolies” in the state’s current medical cannabis program by revising the business licensing structure.
The legislation, filed by Sen. Carlos Guillermo Smith (D), comes as the state Supreme Court reviews the constitutionality of proposed adult-use legalization initiative that an industry-funded campaign is seeking to place on the November ballot.
Under the new bill, adults over 21 years of age could legally possess up to four ounces of smokable marijuana or cannabis products containing up to 2,000 milligrams of THC. Medical cannabis patients would be allowed to grow up to six flowering plants at home for personal use.
Medical marijuana businesses that apply for adult-use licenses could begin selling cannabis for recreational purposes beginning next January.
“We can’t call ourselves the ‘Free State of Florida’ while continuing to criminalize cannabis use by grown adults,” Smith told Marijuana Moment on Thursday, adding that a majority of voters approved a legalization initiative at the ballot in 2024 that wasn’t enacted after “falling just short of the state’s arbitrary 60 percent threshold.”
“The message from voters was unmistakable: they want change,” he said. “Senate Bill 1398 answers that call by legalizing cannabis for adults 21 and over in a safe, responsible, and tightly regulated way.”
“It also ends state-created medical marijuana monopolies by opening the market to small businesses and gives Floridians the freedom to cultivate their own cannabis if they choose,” the senator said. “It’s time for the Legislature to stop ignoring the will of the people, end draconian criminalization laws, and finally deliver a fair, legal, and accountable cannabis system for Florida.”
Under the new bill, current medical cannabis dispensaries—known as medical marijuana treatment centers (MMTCs)—could apply for retail licenses to sell recreational marijuana. And only cannabis purchased from licensed businesses would be legal to possess.
People with prior convictions for activity made legal under the bill would also be given an opportunity for resentencing and expungement.
The legislation stipulates marijuana and paraphernalia would be exempt from being taxed—but only for medical cannabis patients and caregivers. Additionally, local governments would be able to levy a business tax on dispensing facilities.
There’s been some criticism among advocates about the current medical marijuana system, specifically around the idea that vertical integration and licensing caps have effectively created a marijuana monopoly in the state.
In an attempt to address that issue, the bill would break out licensing categories. In contrast to the current system of seed-to-sale businesses, regulators would offer individual licenses to cultivate, manufacture, transport and sell cannabis products.
There isn’t a specific mandate for an increase in the number of licensed marijuana businesses, but the measure would direct the state Department of Health to adopt rules on “procedures and requirements for…the registration and registration renewal of MMTCs.” Depending on the outcome of that rulemaking process, new businesses could enter the market.
Also, registered cultivator and processors would be able to do wholesale transactions with other MMTCs, which is not currently permitted under Florida’s medical cannabis program.
The legislation would also task the Department of Agriculture and Consumer Services to adopt rules adopt “regulating the cultivation of marijuana by members of the public for their private use, including rules regulating the use of a cooperative model for cultivation.”
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Here’s an overview of additional Florida marijuana developments:
- A state lawmaker recently introduced a bill that would protect the parental rights of medical cannabis patients, preventing them from losing custody of their children for using their medicine in accordance with state law.
- A pro-legalization GOP lawmaker filed legislation to amend state law to codify that the public use of marijuana is prohibited. Rep. Alex Andrade (R), the sponsor, said last year that embracing cannabis reform is a way for the Republican party to secure more votes from young people.
- Last month, a Florida Republican senator filed a bill to expand the state’s medical marijuana program, in part by increasing supply limits for patients and waiving registration fees for honorably discharged military veterans. A similar version of legislation was introduced in the House.
- Other recently filed bills in the legislature for 2026 would more incrementally reduce medical cannabis patient registration fees for military veterans and clarify that smoking or vaping marijuana in public places is prohibited.
- A Florida Democratic senator introduced legislation for the 2026 session that would legalize home cultivation of marijuana for registered medical cannabis patients in the state.
In the background, a campaign is working against the clock to collect enough signatures to again put the question of adult-use marijuana legalization to voters at the ballot. But there have been complications.
Most recently, the Republican attorney general of Florida and several business and anti-marijuana groups urged the state Supreme Court to block the legalization initiative, calling it “fatally flawed” and unconstitutional.
The attorney general’s office last month asked the state Supreme Court to review the constitutionality of the legalization initiative. The court accepted the request and set a schedule for state officials and the cannabis campaign to file briefs this month. Proponents of the measure have until January 12 to submit response briefs, then the opposition has until January 20 to reply.
The briefs were filed days after Smart and Safe Florida filed a new lawsuit against state officials, alleging that they improperly directed the invalidation of about 71,000 signatures as a turn-in deadline approaches.
In March, meanwhile, two Democratic members of Congress representing Florida asked the federal government to investigate what they described as “potentially unlawful diversion” of millions in state Medicaid funds via a group with ties to Gov. Ron DeSantis (R). The money was used to fight against the 2024 citizen ballot initiative, vehemently opposed by the governor, that would have legalized marijuana for adults.
The lawmakers’ letter followed allegations that a $10 million donation from a state legal settlement was improperly made to the Hope Florida Foundation, which later sent the money to two political nonprofits, which in turn sent $8.5 million to a campaign opposing Amendment 3.
The governor said last February that the newest marijuana legalization measure is in “big time trouble” with the state Supreme Court, predicting it would be blocked from going before voters this year.
“There’s a lot of different perspectives on on marijuana,” DeSantis said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back candidates that you believe will be able to deliver what your vision is on that.”
“But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. I think it’s going to have big time trouble getting through the Florida Supreme Court,” he said.
In 2023, the governor accurately predicted that the 2024 cannabis measure from the campaign would survive a legal challenge from the state attorney general. It’s not entirely clear why he feels this version would face a different outcome.
While there’s uncertainty around how the state’s highest court will navigate the measure, a poll released last February showed overwhelming bipartisan voter support for the reform—with 67 percent of Florida voters backing legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans.
Separately, Florida medical marijuana officials are actively revoking the registrations of patients and caregivers with drug-related criminal records. The policy is part of broad budget legislation signed into law last year by DeSantis. The provisions in question direct the state Department of Health (DOH) to cancel registrations of medical marijuana patients and caregivers if they’re convicted of—or plead guilty or no contest to—criminal drug charges.
The post New Florida Bill Would Legalize Recreational Marijuana And End ‘Monopolies’ In Medical Cannabis With Expanded Business Licensing appeared first on Marijuana Moment.
