The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: SB 1676
INTRODUCER: Senator Burton
SUBJECT: Hemp
DATE: March 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Becker Becker AG Pre-meeting
2. FP
I. Summary:
SB 1676 makes a number of changes to the regulation of hemp in this state. Specifically, the
bill:
Adds hemp extract to the definition of “food.”
Revises the definition of “hemp” to exempt hemp extract, which may not exceed 0.3 percent
total delta-9-tetrahydrocannabinol on a wet-weight basis and specifies the term does not
include synthetically derived cannabinoids.
Adds snuff, chewing gum, and smokeless products derived from or containing hemp to the
definition of “hemp extract.”
Defines “synthetically derived cannabinoid.”
Defines “total tetrahydrocannabinol.”
Modifies how hemp extract may be sold in this state, including:
o Requiring the batch to be processed in a facility that meets certain requirements;
o Requiring it to be sold in a container that meets certain requirements, one of which is that
the container is not attractive to children; and
o Requiring it to only be sold to businesses that meet certain requirements.
Prohibits hemp extract products intended for human ingestion from being sold to a person
who is under 21 years of age.
Specifies that hemp extract products may not exceed .5 milligrams of total
tetrahydrocannabinol per dose or 2 milligrams total per container.
Revises the Department of Agriculture and Consumer Services (department) rulemaking
authority to reflect the approval of the state hemp plan and to require the department to adopt
rules relating to the packaging of hemp extract products.
The bill shall take effect July 1, 2023.
REVISED: BILL: SB 1676 Page 2
II. Present Situation:
Industrial Hemp
Industrial hemp is a Cannabis sativa plant (cannabis) that has been cultivated for approximately
10,000 years as a fiber and grain crop. It is used for fiber, building materials, forages (animal feed),
and pain relief as a topical oil.
1
Cannabis
Cannabis is a Schedule I controlled substance.
2
It is a felony of the third degree
3
to sell,
manufacture, deliver, or possess with intent to sell, manufacture, or deliver, cannabis in Florida.
4
As a controlled substance in chapter 893, F.S., “cannabis” is defined to mean: all parts of any plant
of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, F.S., if
manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance
with s. 381.986, F.S., [the Compassionate Medical Cannabis Act of 2014], hemp as defined in
s. 581.217, F.S., [the state hemp program], or industrial hemp as defined in s. 1004.4473, F.S.,
[industrial hemp pilot projects].
5
Medical Marijuana
On November 4, 2016, Amendment 2 was approved by the electors and is codified in Article X,
section 29, of the Florida Constitution. This section of the constitution became effective on
January 3, 2017, and created several exemptions from criminal and civil liability for:
Qualifying patients medically using marijuana in compliance with the amendment;
Physicians, solely for issuing physician certifications with reasonable care and in compliance
with the amendment; and
Medical marijuana treatment centers (MMTCs), their agents, and employees for actions or
conduct under the amendment and in compliance with rules promulgated by the Florida
Department of Health.
Subsequently, the Legislature passed SB 8-A in Special Session A of 2017.
6
The bill revised the
Compassionate Medical Cannabis Act of 2014
7
in s. 381.986, F.S., to implement Article X,
section 29 of the Florida Constitution.
1
See University of Florida, UF/IFAS Industrial Hemp Pilot Project at: https://programs.ifas.ufl.edu/hemp/ (last visited
March 17, 2023).
2
Section 893.03(1)(c)7., F.S.
3
Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed
5 years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.
4
Section 893.13(1)(a)2., F.S.
5
Section 893.02(3), F.S.
6
Chapter 2017-232, Laws of Fla.
7
Chapter 2014-157, Laws of Fla. BILL: SB 1676 Page 3
The term medical marijuana includes two distinct forms of the plant genus Cannabis:
Marijuana without any limitation or restriction on the percentage of THC;
8
and
“Low-THC cannabis” in which the percentage of THC is limited to 0.8 percent or less and
has more than 10 percent of cannabidiol
9
weight for weight.
10
The Coalition for Medical Marijuana Research and Education located at the H. Lee Moffitt Cancer
Center and Research Institute, Inc., is authorized to conduct medical marijuana research and
education.
11
A MMTC and a qualified patient or caregiver are specifically exempt from the criminal prohibition
against the possession of cannabis.
12
2014 Federal Farm Bill and State Industrial Hemp Pilot Programs
The Agricultural Improvement Act of 2014 (2014 Farm Bill) defined industrial hemp and allowed
state departments of agriculture or universities to grow and produce industrial hemp as part of
research or pilot programs. Specifically, the law allowed universities and state departments of
agriculture to grow or cultivate industrial hemp if:
The industrial hemp is grown or cultivated for purposes of research conducted under an
agricultural pilot program or other agricultural or academic research; and
The growing or cultivating of industrial hemp is allowed under the laws of the state in which
such institution of higher education or state department of agriculture is located and such
research occurs.
13
The 2014 Farm Bill defines “industrial hemp” to mean:
…the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than
0.3 percent on a dry weight basis.
14
Section 1004.4473, F.S., authorizes the Florida Department of Agriculture and Consumer Services
(department) to oversee the development of industrial hemp pilot projects for the Institute of Food
and Agricultural Sciences (IFAS) at the University of Florida, Florida Agricultural and Mechanical
University, any land grant university in the state that has a college of agriculture, and any Florida
College System institution or state university that has an established agriculture, engineering, or
8
THC, or tetrahydrocannabinol, is the main active ingredient in cannabis and is responsible for most of the psychological
effects of cannabis.
9
Cannabidiol (CBD) is a chemical compound, known as a cannabinoid, found in cannabis. CBD does not have the same
psychoactivity as THC. See Michael J Breus, Despite What You May Think... CBD Is Not Weed (Sept. 20, 2018), Psychology
Today, available at: https://www.psychologytoday.com/us/blog/sleep-newzzz/201809/despite-what-you-may-think-cbd-is-
not-weed (last visited March 16, 2023).
10
See s. 381.986(1)(e) and (f), F.S.
11
Section 1004.4351, F.S.
12
See s. 381.986(14), F.S.
13
Agricultural Improvement Act of 2014, Pub. L. No. 113-79, s. 7606, 128 Stat. 912 (2014) (codified at 7 U.S.C. s. 5940).
14
Id. BILL: SB 1676 Page 4
pharmacy program.
15
The purpose of the pilot projects is to cultivate, process, test, research, create,
and market safe and effective commercial applications for industrial hemp in the agricultural sector
in this state. The department has adopted a rule addressing safety, compliance, and accountability
and other concerns.
16
2018 Federal Farm Bill
In the Agricultural Improvement Act of 2018 (2018 Farm Bill), the U.S. Congress legalized
industrial hemp as an agricultural product by removing hemp’s classification as a controlled
substance.
17
The 2018 Farm Bill defines “hemp” to mean:
…the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than
0.3 percent on a dry weight basis.
18
The 2018 Farm Bill allows a state department of agriculture or an Indian tribe to submit a plan to
the United States Secretary of Agriculture and apply for primary regulatory authority over the
production of hemp in their state or tribal territory. A state or tribal plan must include:
A procedure for tracking land upon which hemp will be produced;
Testing methods for determining THC concentration levels of hemp;
Methods for effective disposal of noncompliant products;
Enforcement procedures;
Inspection procedures; and
Certification procedures for the persons authorized to produce hemp producers, test hemp
products, inspect hemp producers, and enforce the provisions of the state or tribal plan.
19
State Hemp Program
The state hemp program was created within the department to regulate the cultivation of hemp in
Florida.
20
Section 581.217(3)(d), F.S., defines the term “hemp” to mean:
…the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof,
15
Section 1004.4473(2)(a), F.S.
16
Fla. Admin. Code R. 5B-57.013 (2018).
17
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 12619, 132 Stat. 409 (2018) (codified at
21 U.S.C 802(16)).
18
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C.
s. 1639o).
19
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C.
s. 1639p).
20
See s. 581.217, F.S. BILL: SB 1676 Page 5
whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that
does not exceed 0.3 percent on a dry-weight basis.
Section 581.217(3)(e), F.S., defines the term “hemp extract” to mean “a substance or compound
intended for ingestion, containing more than trace amounts of cannabinoid, or for inhalation which
is derived from or contains hemp and which does not contain other controlled substances.” The
term does not include synthetic CBD or seeds or seed-derived ingredients that are generally
recognized as safe by the United States Food and Drug Administration.
21
Products that are intended
for inhalation and contain hemp extract may not be sold in this state to a person who is under
21 years of age.
22
The department was required to seek federal approval of the state plan for the regulation of the
cultivation of hemp with the United States Secretary of Agriculture (USDA) in accordance with
the 2018 Farm Bill within 30 days of adopting rules.
23
A license is required to cultivate hemp
24
and to obtain a license, a person must apply to the department and submit a full set of fingerprints.
25
A person seeking to cultivate hemp must provide the department with a legal land description and
GPS coordinates of where the hemp will be cultivated.
26
The department must deny an application
under certain circumstances.
27
CDC Health Advisory
In September 2021, the Center for Disease Control (CDC) sent out a Health Alert Network (HAN)
Health Advisory alerting public health departments and the public about the increased availability
of cannabis products containing delta-8-THC and the potential for adverse events due to
insufficient labeling of products containing THC and cannabidiol (CBD).
28
The advisory reports
that there is an increase in delta-8 THC products appearing in both marijuana and hemp
marketplaces and are also available online.
29
The advisory suggests that some products containing
delta-8 THC are only labeled as containing delta-9 THC, which leads consumers to underestimate
the psychoactive potential. Consumers may get confused at businesses that sell delta-8 THC in the
same place that sell hemp or CBD, products that are not intoxicating, and may experience
unexpected or increased THC intoxication.
30
Delta-8 THC-involved adverse events
In 2021, the American Association of Poison Control Centers (AAPCC) introduced a delta-8 THC
product code into its National Poison Data System (NPDS), to monitor adverse events. From
January 1 to July 31, 2021, 660 delta-8 THC exposures were recorded with the new product code,
21
Section 581.219(3)(e), F.S.
22
Section 581.217(7)(c), F.S.
23
Section 581.217(4), F.S.
24
Section 581.217(5)(a), F.S.
25
Section 581.217(5)(b), F.S.
26
Section 581.217(5)(d), F.S.
27
Section 581.217(5)(e), F.S.
28
See https://emergency.cdc.gov/han/2021/pdf/CDC_HAN__451.pdf (last visited March 17, 2023).
29
Id.
30
Id. BILL: SB 1676 Page 6
and one additional case was recoded as a delta-8 THC exposure from October 2020. Eighteen
percent of exposures (119 of 661 cases) required hospitalization, and 39% (258 of 661 cases)
involved pediatric patients less than 18 years of age.
31
The advisory warned that delta-8 intoxication can cause adverse effects similar to those observed
during delta-9 THC intoxication, which may include:
Lethargy,
Uncoordinated movements and decreased psychomotor activity,
Slurred speech,
Increased heart rate progressing to slowed heart rate,
Low blood pressure,
Difficulty breathing,
Sedation, and
Coma.
32
CDC Recommendations
The CDC also provided recommendations for consumers, public health departments/poison
control centers, retailers and healthcare providers. The recommendations included, but are not
limited to:
Consumers should be aware of possible limitations in the labeling of products containing THC
and CBD even from approved marijuana and hemp retailers. Products reporting only delta-9
THC concentration, but not total THC, may underestimate the psychoactive potential for
consumers.
Consumers should be aware that products labeled as hemp or CBD may contain delta-8 THC,
and that products containing delta-8 THC can result in psychoactive effects. Delta-8 THC
products are currently being sold in many states, territories, and tribal nations where non-
medical adult cannabis use is not permitted by law. In addition, retailers may sell products
outside of regulated dispensaries in states, territories, and tribal nations where cannabis use is
permitted by law. This may provide consumers with a false sense of safety, as delta-8 THC
products may be labeled as hemp or CBD, which consumers may not associate with
psychoactive ingredients.
States, territories, and tribal nations that have passed laws allowing non-medical use of adult
cannabis or that may allow such use in the future may consider requiring the reporting of total
THC content, including ingredients like delta-8 THC and other compounds that may be
synthetically produced, on product labeling.
Retailers selling cannabis products should report total THC content on product labeling,
including ingredients like delta-8 THC that may be synthetically produced to create a
psychoactive effect.
31
Id.
32
Id. BILL: SB 1676 Page 7
Healthcare providers should be vigilant in observing patients presenting with THC-like
intoxication symptoms who do not report an exposure to marijuana or history of use.
Symptomatic patients should be questioned about their use of CBD or delta-8 THC products.
33
FDA Consumer Update: Delta-8 THC
In 2022, the Food and Drug Administration (FDA) released a consumer report to inform the public
about Delta-8 THC.
34
The consumer report outlined five points on delta-8 THC:
Products containing delta-8 THC have not been approved by the FDA and may be marketed
as “hemp products,” which consumers associate with being “non-psychoactive.”
The FDA has received 104 reports of adverse events in patients who consumed delta-8 THC
products between December 1, 2020, and February 28, 2022. Additionally, national poison
control centers received 2,362 exposure cases of delta-8 THC products between January 2021
and February 2022.
Delta-8 THC contains psychoactive and intoxicating effects, similar to delta-9 THC (i.e., the
component responsible for the “high” people may experience from using cannabis).
The natural amount of delta-8 THC in hemp is very low, and additional chemicals are needed
to convert other cannabinoids in hemp, like CBD, into delta-8 THC (i.e., synthetic conversion).
The FDA reports that some manufacturers may use potentially unsafe household chemicals to
make delta-8 THC through a chemical synthesis process.
Some Delta-8 THC marketing may appeal to children and may be purchased online. As such
the FDA is recommending keeping delta-8 THC products out of the reach of children and due
to pets to decrease the potential occurrence of adverse events.
35
III. Effect of Proposed Changes:
SB 1676 makes a number of changes to the regulation of hemp in the state. The bill adds hemp
extract as defined in s. 581.217, F.S., to the definition of “food” and specifies that hemp extract is
considered a food that requires time and temperature control for safety and integrity of the product.
Current law provides that hemp-derived cannabinoids, including, but not limited, to cannabidiol,
are not controlled substances.
36
The bill changes cannabidiol to cannabinol and specifies these are
not controlled substances if they are in compliance with s. 581.217, F.S. The bill revises the
definition of “hemp” to exempt hemp extract, which may not exceed 0.3 percent total delta-9-
tetrahydrocannabinol on a wet-weight basis and specifies the term does not include synthetically
derived cannabinoids.
It adds snuff, chewing gum, and smokeless products derived from or containing hemp, excluding
cannabinoids that are synthetically derived, to the definition of “hemp extract.” It defines
“synthetically derived cannabinoid” as any cannabinoid created by reacting a cannabis- or
noncannabis-derived extract with solvent or acid to increase the concentration of a present
33
Id.
34
See https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc (last
visited March 17, 2023).
35
Id.
36
Section 581.217(2)(b), F.S. BILL: SB 1676 Page 8
cannabinoid or to create a new cannabinoid not originally found in the extract. It defines “total
tetrahydrocannabinol” as the sum of all tetrahydrocannabinol isomers, with a concentration of
tetrahydrocannabinol-A multiplied by 0.877, in milligrams per gram multiplied by the weight of
the product.
Current law provides regulation of how hemp extract may be sold in this state.
37
The bill adds a
requirement that the batch be processed in a facility that holds a current and valid permit issued by
a human health or food safety regulatory entity with authority over the facility, and that facility
meets the human health or food sanitization requirements of the regulatory entity. Such compliance
must be documented by a report from the regulatory entity confirming that the facility meets such
requirements.
The bill adds a requirement that hemp extract be distributed or sold in a container that:
Is suitable to contain products for human consumption;
Is composed of materials designed to minimize exposure to light;
Mitigates exposure to high temperatures;
Is not attractive to children; and
Is compliant with the United States Poison Prevention Packaging Act of 1970.
The bill requires that hemp extract only be sold to a business in this state if that business is properly
permitted by s. 581.217(7), F.S. It clarifies that hemp extract distributed or sold in this state is
subject to the applicable requirements of ch. 500, ch. 502, or ch. 508, removing the specification
that a violation of this shall be considered adulterated or misbranded.
Current law provides that hemp extract products that are intended for inhalation may not be sold
to a person who is under 21 years of age.
38
The bill adds a requirement that such products intended
for human ingestion may not be sold to a person who is under 21 years of age. It also specifies that
such products may not exceed .5 milligrams of total tetrahydrocannabinol per dose or 2 milligrams
total per container.
The bill revises the department’s rulemaking authority, granting it the authority to adopt rules to
administer the state hemp program. It also requires the department to adopt rules to provide for
packaging and labeling requirements that ensure that hemp extract intended for human ingestion
or inhalation is not attractive to children and for advertising regulations that ensure hemp extract
intended for human ingestion or inhalation is not marketed or advertised in a manner that
specifically targets or is attractive to children.
The bill requires the department to adopt rules pursuant to s. 120.54, F.S., and s. 120.536, F.S., to
establish tetrahydrocannabinol isomers to include in calculating total tetrahydrocannabinol, which
must include, at a minimum, delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10
tetrahydrocannabinol, exo tetrahydrocannabinol, and hexahydrocannabinol.
The bill reenact s. 893.02(3), F.S., the definition of “cannabis,” to reflect changes made by the
bill.
37
Section 581.217(7), F.S.
38
Section 581.217 (7)(c), F.S. BILL: SB 1676 Page 9
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Businesses may be impacted by the additional regulations, specifically packaging
requirements and THC limits.
C. Government Sector Impact:
The department will be able to inspect and regulate hemp extract as a food product. It is
unclear whether or not this will have a fiscal impact to the department.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: SB 1676 Page 10
VIII. Statutes Affected:
This bill substantially amends sections 500.03 and 581.217 of the Florida Statutes.
This bill reenacts section 893.02 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.