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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to hemp; amending s. 500.03, F.S.; 2
revising the definition of the term "food"; providing 3
that hemp extract is considered a food subject to 4
certain requirements; amending s. 581.217, F.S.; 5
revising legislative findings for the state hemp 6
program; revising and defining terms; revising the 7
requirements that hemp extract must meet before being 8
distributed and sold in this state; providing that 9
hemp extract may only be sold to businesses in this 10
state which meet certain permitting requirements; 11
providing that hemp extract distributed or sold in 12
this state must meet certain requirements; prohibiting 13
products intended for human ingestion which contai n 14
hemp extract from being sold to persons under a 15
specified age and from exceeding specified 16
tetrahydrocannabinol limits; requiring the Department 17
of Agriculture and Consumer Services to adopt 18
specified rules; removing obsolete provisions; 19
reenacting s. 893.02(3), F.S., relating to the 20
definition of the term "cannabis," to incorporate the 21
amendment made to s. 581.217, F.S., in a reference 22
thereto; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Paragraph (n) of subsection (1) of section 27
500.03, Florida Statutes, is amended, and subsection (4) is 28
added to that section, to read: 29
500.03 Definitions; construction; applicability. — 30
(1) For the purpose of this chapter, the term: 31
(n) "Food" includes: 32
1. Articles used for food or drink for human consumption; 33
2. Chewing gum; 34
3. Articles used for components of any such article; 35
4. Articles for which health claims are made, which claims 36
are approved by the Secretary of the United States Department of 37
Health and Human Services and which claims are made in 38
accordance with s. 343(r) of the federal act, and which are not 39
considered drugs solely because their labels or labeling contain 40
health claims; and 41
5. Dietary supplements as defined in 21 U.S.C. s . 42
321(ff)(1) and (2); and 43
6. Hemp extract as defined in s. 581.217 . 44
45
The term includes any raw, cooked, or processed edible 46
substance; ice; any beverage; or any ingredient used, intended 47
for use, or sold for human consumption. 48
(4) For the purposes of t his chapter, hemp extract is 49
considered a food that requires time and temperature control for 50
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safety and integrity of product. 51
Section 2. Paragraph (b) of subsection (2), paragraphs (d) 52
and (e) of subsection (3), and subsections (7) and (12) of 53
section 581.217, Florida Statutes, are amended, and paragraphs 54
(g) and (h) are added to subsection (3) of that section, to 55
read: 56
581.217 State hemp program. — 57
(2) LEGISLATIVE FINDINGS. —The Legislature finds that: 58
(b) Hemp-derived cannabinoids, including, but not limited 59
to, cannabidiol, are not controlled substances or adulterants if 60
they are in compliance with this section . 61
(3) DEFINITIONS.—As used in this section, the term: 62
(d) "Hemp" means the plant Cannabis sativa L. and any part 63
of that plant, includ ing the seeds thereof, and all derivatives, 64
extracts, cannabinoids, isomers, acids, salts, and salts of 65
isomers thereof, whether growing or not, that has a total delta -66
9-tetrahydrocannabinol concentration that does not exceed 0.3 67
percent on a dry-weight basis, with the exception of hemp 68
extract, which may not exceed 0.3 percent total delta -9-69
tetrahydrocannabinol on a wet -weight basis. The term does not 70
include synthetically derived cannabinoids . 71
(e) "Hemp extract" means a substance or compound intended 72
for ingestion, containing more than trace amounts of a 73
cannabinoid, or for inhalation which is derived from or contains 74
hemp and which does not contain other controlled substances. The 75
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term includes snuff, chewing gum, and smokeless products derived 76
from or containing hemp, but does not include cannabinoids that 77
are synthetically derived synthetic CBD or seeds or seed-derived 78
ingredients that are generally recognized as safe by the United 79
States Food and Drug Administration. 80
(g) "Synthetically derived canna binoid" means any 81
cannabinoid created by any process other than direct extraction 82
from hemp and without further reacting with other chemicals to 83
increase the concentration of a present cannabinoid or to create 84
a new or different cannabinoid not originally found in the 85
extract. 86
(h) "Total tetrahydrocannabinol" means the sum of all 87
cannabinoids as defined by the department in milligrams. 88
(7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. — 89
(a) Hemp extract may only be distributed and sold in the 90
state if the product: 91
1. Has a certificate of analysis prepared by an 92
independent testing laboratory that states: 93
a. The hemp extract is the product of a batch tested by 94
the independent testing laboratory; 95
b. The batch contained a total delta -9-96
tetrahydrocannabinol concentration that did not exceed 0.3 97
percent pursuant to the testing of a random sample of the batch; 98
and 99
c. The batch does not contain contaminants unsafe for 100
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human consumption; and 101
d. The batch was processed in a facility that holds a 102
current and valid permit issued by a human health or food safety 103
regulatory entity with authority over the facility, and that 104
facility meets the human health or food safety sanitization 105
requirements of the regulatory entity. Such compliance must be 106
documented by a report from the regulatory entity confirming 107
that the facility meets such requirements . 108
2. Is distributed or sold in a container that includes: 109
a. A scannable barcode or quick response code linked to 110
the certificate of analysis of the hemp extract ba tch by an 111
independent testing laboratory; 112
b. The batch number; 113
c. The Internet address of a website where batch 114
information may be obtained; 115
d. The expiration date; and 116
e. The number of milligrams of each marketed cannabinoid 117
per serving. 118
3. Is distributed or sold in a container that: 119
a. Is suitable to contain products for human consumption; 120
b. Is composed of materials designed to minimize exposure 121
to light; 122
c. Mitigates exposure to high temperatures; 123
d. Is not attractive to children; and 124
e. Is compliant with the United States Poison Prevention 125
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Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq, without regard 126
to provided exemptions. 127
(b) Hemp extract may only be sold to a business in this 128
state if that business is properly permitted as re quired by this 129
section. 130
(c) Hemp extract distributed or sold in this state is 131
subject to the applicable requirements of violation of this 132
section shall be considered adulterated or misbranded pursuant 133
to chapter 500, chapter 502, or chapter 580. 134
(d)(c) Products that are intended for human ingestion or 135
inhalation and contain hemp extract may not : 136
1. Be sold in this state to a person who is under 21 years 137
of age; or 138
2. Exceed 5 milligrams total tetrahydrocannabinol per 139
serving or 50 milligrams total tetrahydrocannabinol per package . 140
(12) RULES.— 141
(a) By August 1, 2019, The department shall adopt rules, 142
in consultation with the Department of Health and the Department 143
of Business and Professional Regulation, shall initiate 144
rulemaking to administer the state hemp program. The rules must 145
provide for: 146
1.(a) A procedure that uses post -decarboxylation or other 147
similarly reliable methods for testing the delta -9-148
tetrahydrocannabinol concentration of cultivated hemp. 149
2.(b) A procedure for the effective disposal of plants, 150
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whether growing or not, that are cultivated in violation of this 151
section or department rules, and products derived from those 152
plants. 153
3. Packaging and labeling requirements that ensure that 154
hemp extract intended for hum an ingestion or inhalation is not 155
attractive to children. 156
4. Advertising regulations that ensure that hemp extract 157
intended for human ingestion or inhalation is not marketed or 158
advertised in a manner that specifically targets or is 159
attractive to children . 160
(b) The department shall adopt rules pursuant to ss. 161
120.54 and 120.56 establishing the cannabinoids to include in 162
calculating total cannabinoids, which must include, at a 163
minimum, delta-8 tetrahydrocannabinol, delta -9 164
tetrahydrocannabinol, delta -9 tetrahydrocannalibonic acid, 165
delta-10 tetrahydrocannabinol, delta -9,11 tetrahydrocannabinol, 166
exo-tetrahydrocannabinol, and hexahydrocannabinol. 167
Section 3. For the purpose of incorporating the amendment 168
made by this act to section 581.217, Florida Statutes , in a 169
reference thereto, subsection (3) of section 893.02, Florida 170
Statutes, is reenacted to read: 171
893.02 Definitions. —The following words and phrases as 172
used in this chapter shall have the following meanings, unless 173
the context otherwise requires: 174
(3) "Cannabis" means all parts of any plant of the genus 175
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Cannabis, whether growing or not; the seeds thereof; the resin 176
extracted from any part of the plant; and every compound, 177
manufacture, salt, derivative, mixture, or preparation of the 178
plant or its seeds or resin. The term does not include 179
"marijuana," as defined in s. 381.986, if manufactured, 180
possessed, sold, purchased, delivered, distributed, or 181
dispensed, in conformance with s. 381.986. The term does not 182
include hemp as defined in s. 581.217 or indust rial hemp as 183
defined in s. 1004.4473. 184
Section 4. This act shall take effect July 1, 2023. 185