CS/HB 1613 2024
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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
24
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 mee t 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 regulatory 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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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 ea ch marketed cannabinoid 107
per serving; and 108
f. The toll-free telephone number for the national Poison 109
Control Help line, (800) 222 -1222. 110
3. Is manufactured, delivered, held, offered for sale, 111
distributed, or sold in a container that: 112
a. Is suitable to contain products for human consumption; 113
b. Is composed of materials designed to minimize exposure 114
to light; 115
c. Mitigates exposure to high temperatures; 116
d. Is not attractive to children; and 117
e. Is compliant with the United States Poison Prevention 118
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 119
regard to provided exemptions. 120
(b) Hemp extract may only be sold to or procured by a 121
business in this state if that business is properly permitted as 122
required by this section. A business or food e stablishment may 123
not possess hemp extract products that are attractive to 124
children. 125
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(c) Hemp extract manufactured, delivered, held, offered 126
for sale, distributed, or sold in this state is subject to the 127
applicable requirements of chapter 500, chapter 502 , or chapter 128
580. 129
(d) Products that are intended for human ingestion or 130
inhalation and that contain hemp extract, including, but not 131
limited to, snuff, chewing gum, and other smokeless products, 132
may not be sold in this state to a person who is under 21 y ears 133
of age. A person who violates this paragraph commits a 134
misdemeanor of the second degree, punishable as provided in s. 135
775.082 or s. 775.083. A person who commits a second or 136
subsequent violation of this paragraph within 1 year after the 137
initial violation commits a misdemeanor of the first degree, 138
punishable as provided in s. 775.082 or s. 775.083. 139
(e) Hemp extract possessed, manufactured, delivered, held, 140
offered for sale, distributed, or sold in violation of this 141
subsection by an entity regulated un der chapter 500 is subject 142
to s. 500.172 and penalties as provided in s. 500.121. Hemp 143
extract products found to be mislabeled or attractive to 144
children are subject to an immediate stop -sale order. The 145
department may not grant permission to remove or use, except for 146
disposal, hemp extract products subject to a stop -sale order 147
which are attractive to children until the department determines 148
that the hemp extract products comply with state law. 149
(f)1. An event organizer may not promote, advertise, or 150
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facilitate an event where: 151
a. Hemp extract products that do not comply with general 152
law, including hemp extract products that are not from an 153
approved source as provided in sub -subparagraph (a)1.d, are sold 154
or marketed; or 155
b. Hemp extract products are sold or marketed by 156
businesses that are not properly permitted as required by this 157
section and chapter 500. 158
2. Before an event where hemp extract products are sold or 159
marketed, an event organizer must provide to the department a 160
list of the businesses selling o r marketing hemp extract 161
products at the event and verify that each business is only 162
selling hemp products from an approved source. The event 163
organizer must ensure that each participating business is 164
properly permitted as required by this section and chapt er 500. 165
3. A person who violates this paragraph is subject to an 166
administrative fine in the Class III category under s. 570.971 167
for each violation. 168
Section 2. This act shall take effect July 1, 2024. 169