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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. 581.217, F.S.; 2
revising legislative findings; revising definitions; 3
defining the term "total delta -9-tetrahydrocannabinol 4
concentration"; providing conditions for the 5
manufacture, delivery, hold, offer for sale, 6
distribution, or sale of hemp extract; prohibiting 7
businesses and food establishments from possessing 8
hemp extract products that are attractive to children; 9
prohibiting the Department of Agriculture and Consumer 10
Services from granting permission to remove or use 11
certain hemp extract products until it determines that 12
such hemp extract products comply with state law; 13
prohibiting event organizers from promoting, 14
advertising, or facilitating certain events; requiring 15
organizers of certain events to provide a list of 16
certain vendors to the department, verify that vendors 17
are only selling hemp products from approved sources, 18
and ensure that such vendors are properly permitted ; 19
providing for administrative fines; providing an 20
effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
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Section 1. Paragraph (b) of subsection (2), paragraphs 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
(a), (e), and (f) of subsection (3), and subsection (7) of 26
section 581.217, Florida Statutes, are amended, and paragraph 27
(h) is added to subsection (3) of that section, to read: 28
581.217 State hemp program. — 29
(2) LEGISLATIVE FINDINGS. —The Legislature finds that: 30
(b) Hemp and hemp extract as defined in this section Hemp-31
derived cannabinoids, including, but not limited to, 32
cannabidiol, are not controlled substances or adulterants if 33
they are in compliance with this section . 34
(3) DEFINITIONS.—As used in this section, the term: 35
(a) "Attractive to children" means manufa ctured in the 36
shape of or packaged in containers displaying humans, cartoons, 37
or animals, toys, novel shapes, animations, promotional 38
characters, licensed characters, or other features that 39
specifically target children ; manufactured in a form or packaged 40
in a container that bears any reasonable resemblance to an 41
existing candy or snack product that is familiar to the public ; 42
manufactured in a form or packaged in a container that bears any 43
reasonable resemblance to a as a widely distributed, branded 44
food product such that the a product could be mistaken for the 45
branded food product, especially by children; or containing any 46
color additives; or, for hemp extract intended for inhalation, 47
the addition of any flavoring . 48
(e) "Hemp" means the plant Cannabis sativa L. and any part 49
of that plant, including the seeds thereof, and all derivatives, 50
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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
extracts, cannabinoids, isomers, acids, salts, and salts of 51
isomers thereof, whether growing or not, that has a total delta -52
9-tetrahydrocannabinol concentration that does no t exceed 0.3 53
percent on a dry-weight basis, with the exception of hemp 54
extract, which may not exceed 0.3 percent total delta -9-55
tetrahydrocannabinol concentration on a wet-weight basis or that 56
does not exceed 2 milligrams per serving and 10 milligrams per 57
container on a wet-weight basis, whichever is less . 58
(f) "Hemp extract" means a substance or compound intended 59
for ingestion, containing more than trace amounts of a 60
cannabinoid, or for inhalation which is derived from or contains 61
hemp but and which does not contain synthetic or naturally 62
occurring versions of controlled substances listed in s. 893.03, 63
such as delta-8-tetrahydrocannabinol, delta -10-64
tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol 65
acetate, tetrahydrocannabiphorol, and tetrahyd rocannabivarin. 66
The term does not include synthetic cannabidiol or seeds or 67
seed-derived ingredients that are generally recognized as safe 68
by the United States Food and Drug Administration. 69
(h) "Total delta-9-tetrahydrocannabinol concentration" 70
means a concentration calculated as follows: [delta -9-71
tetrahydrocannabinol] + (0.877 x [delta -9-tetrahydrocannabinolic 72
acid]). 73
(7) MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE, 74
DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT. — 75
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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) Hemp extract may only be manufactured, delivered, 76
held, offered for sale, distributed, or and sold in this the 77
state if the product: 78
1. Has a certificate of analysis prepared by an 79
independent testing laboratory that states: 80
a. The hemp extract is the product of a batch tested by 81
the independent testing laboratory; 82
b. The batch contained a total delta -9-83
tetrahydrocannabinol concentration that did not exceed 0.3 84
percent pursuant to the testing of a random sample of the batch . 85
However, if the batch is sold at retail, the batch must meet the 86
total delta-9-tetrahydrocannabinol concentration limits set 87
forth in paragraph (3)(e) for hemp extract ; 88
c. The batch does not contain contaminants unsafe for 89
human consumption; and 90
d. The batch was processed in a facility that holds a 91
current and valid permit issued by a human health or food safety 92
regulatory entity with authority over the facility, and that 93
facility meets the human health or food safety sanitization 94
requirements of the re gulatory entity. Such compliance must be 95
documented by a report from the regulatory entity confirming 96
that the facility meets such requirements. 97
2. Is manufactured, delivered, held, offered for sale, 98
distributed, or sold in a container that includes: 99
a. A scannable barcode or quick response code linked to 100
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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
the certificate of analysis of the hemp extract batch by an 101
independent testing laboratory; 102
b. The batch number; 103
c. The Internet address of a website where batch 104
information may be obtained; 105
d. The expiration date; and 106
e. The number of milligrams of each marketed cannabinoid 107
per serving. 108
3. Is manufactured, delivered, held, offered for sale, 109
distributed, or sold in a container that: 110
a. Is suitable to contain products for human consumption; 111
b. Is composed of materials designed to minimize exposure 112
to light; 113
c. Mitigates exposure to high temperatures; 114
d. Is not attractive to children; and 115
e. Is compliant with the United States Poison Prevention 116
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 117
regard to provided exemptions. 118
(b) Hemp extract may only be sold to or procured by a 119
business in this state if that business is properly permitted as 120
required by this section. A business or food establishment may 121
not possess hemp extract products that are attractive to 122
children. 123
(c) Hemp extract manufactured, delivered, held, offered 124
for sale, distributed, or sold in this state is subject to the 125
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applicable requirements of chapter 500, chapter 502, or chapter 126
580. 127
(d) Products that are intended for human ingestion or 128
inhalation and that contain hemp extract, including, but not 129
limited to, snuff, chewing gum, and other smokeless products, 130
may not be sold in this state to a person who is under 21 years 131
of age. A person who violates this paragraph commits a 132
misdemeanor of the second degree, punishable as provided in s. 133
775.082 or s. 775.083. A person who commits a second or 134
subsequent violation of this paragraph within 1 year after the 135
initial violation commits a misde meanor of the first degree, 136
punishable as provided in s. 775.082 or s. 775.083. 137
(e) Hemp extract possessed, manufactured, delivered, held, 138
offered for sale, distributed, or sold in violation of this 139
subsection by an entity regulated under chapter 500 is subject 140
to s. 500.172 and penalties as provided in s. 500.121. Hemp 141
extract products found to be mislabeled or attractive to 142
children are subject to an immediate stop -sale order. The 143
department may not grant permission to remove or use, except for 144
disposal, hemp extract products subject to a stop -sale order 145
which are attractive to children until the department determines 146
that the hemp extract products comply with state law. 147
(f)1. An event organizer may not promote, advertise, or 148
facilitate an event where: 149
a. Hemp extract products that do not comply with general 150
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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
law, including hemp extract products that are not from an 151
approved source as provided in sub -subparagraph (a)1.d, are sold 152
or marketed; or 153
b. Hemp extract products are sold or marketed by 154
businesses that are not properly permitted as required by this 155
section and chapter 500. 156
2. Before an event where hemp extract products are sold or 157
marketed, an event organizer must provide to the department a 158
list of the businesses selling or marketing hemp ex tract 159
products at the event and verify that each business is only 160
selling hemp products from an approved source. The event 161
organizer must ensure that each participating business is 162
properly permitted as required by this section and chapter 500. 163
3. A person who violates this paragraph is subject to an 164
administrative fine in the Class III category under s. 570.971 165
for each violation. 166
Section 2. This act shall take effect July 1, 2024. 167