FL
Florida House Bill H1613

Florida 2024 Regular Session

Florida House Bill H1613 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to hemp; amending s. 581.217, F.S.; 2
1616 revising legislative findings; revising definitions; 3
1717 defining the term "total delta -9-tetrahydrocannabinol 4
1818 concentration"; providing conditions for the 5
1919 manufacture, delivery, hold, offer for sale, 6
2020 distribution, or sale of hemp extract; prohibiting 7
2121 businesses and food establishments from possessing 8
2222 hemp extract products that are attractive to children; 9
2323 prohibiting the Department of Agriculture and Consumer 10
2424 Services from granting permission to remove or use 11
2525 certain hemp extract products until it determines that 12
2626 such hemp extract products comply with state law; 13
2727 prohibiting event organizers from promoting, 14
2828 advertising, or facilitating certain events; requiring 15
2929 organizers of certain events to provide a list of 16
3030 certain vendors to the department, verify that vendors 17
3131 are only selling hemp products from approved sources, 18
3232 and ensure that such vendors are properly permitted ; 19
3333 providing for administrative fines; providing an 20
34-appropriation; providing an effective date. 21
34+effective date. 21
3535 22
3636 Be It Enacted by the Legislature of the State of Florida: 23
3737 24
3838 Section 1. Paragraph (b) of subsection (2), paragraphs 25
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4747 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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5151 (a), (e), and (f) of subsection (3), and subsection (7) of 26
5252 section 581.217, Florida Statutes, are amended, and paragraph 27
5353 (h) is added to subsection (3) of that section, to read: 28
5454 581.217 State hemp program. — 29
5555 (2) LEGISLATIVE FINDINGS. —The Legislature finds that: 30
5656 (b) Hemp and hemp extract as defined in this section Hemp-31
5757 derived cannabinoids, including, but not limited to, 32
5858 cannabidiol, are not controlled substances or adulterants if 33
5959 they are in compliance with this section . 34
6060 (3) DEFINITIONS.—As used in this section, the term: 35
6161 (a) "Attractive to children" means manufa ctured in the 36
6262 shape of or packaged in containers displaying humans, cartoons, 37
63-or animals, toys, or other features that target children ; 38
64-manufactured in a form or packaged in a container that bears any 39
65-reasonable resemblance to a n existing candy or snack product 40
66-that is familiar to the public ; manufactured in a form or 41
67-packaged in a container that bears any reasonable resemblance to 42
68-a as a widely distributed, branded food product such that the a 43
69-product could be mistaken for the b randed food product, 44
70-especially by children; or containing any color additives ; or, 45
71-for hemp extract intended for inhalation, the addition of any 46
72-flavoring. 47
73- (e) "Hemp" means the plant Cannabis sativa L. and any part 48
74-of that plant, including the seeds the reof, and all derivatives, 49
75-extracts, cannabinoids, isomers, acids, salts, and salts of 50
63+or animals, toys, novel shapes, animations, promotional 38
64+characters, licensed characters, or other features that 39
65+specifically target children ; manufactured in a form or packaged 40
66+in a container that bears any reasonable resemblance to an 41
67+existing candy or snack product that is familiar to the public ; 42
68+manufactured in a form or packaged in a container that bears any 43
69+reasonable resemblance to a as a widely distributed, branded 44
70+food product such that the a product could be mistaken for the 45
71+branded food product, especially by children; or containing any 46
72+color additives; or, for hemp extract intended for inhalation, 47
73+the addition of any flavoring . 48
74+ (e) "Hemp" means the plant Cannabis sativa L. and any part 49
75+of that plant, including the seeds thereof, and all derivatives, 50
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8484 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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88-isomers thereof, whether growing or not, that has a total delta -51
89-9-tetrahydrocannabinol concentration that does not exceed 0.3 52
90-percent on a dry-weight basis, with the exc eption of hemp 53
91-extract, which may not exceed 0.3 percent total delta -9-54
92-tetrahydrocannabinol concentration on a wet-weight basis or that 55
93-does not exceed 2 milligrams per serving and 10 milligrams per 56
94-container on a wet-weight basis, whichever is less . 57
95- (f) "Hemp extract" means a substance or compound intended 58
96-for ingestion, containing more than trace amounts of a 59
97-cannabinoid, or for inhalation which is derived from or contains 60
98-hemp but and which does not contain synthetic or naturally 61
99-occurring versions of controlled substances listed in s. 893.03, 62
100-such as delta-8-tetrahydrocannabinol, delta -10-63
101-tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol 64
102-acetate, tetrahydrocannabiphorol, and tetrahydrocannabivarin . 65
103-The term does not include synthetic cann abidiol or seeds or 66
104-seed-derived ingredients that are generally recognized as safe 67
105-by the United States Food and Drug Administration. 68
106- (h) "Total delta-9-tetrahydrocannabinol concentration" 69
107-means a concentration calculated as follows: [delta -9-70
108-tetrahydrocannabinol] + (0.877 x [delta -9-tetrahydrocannabinolic 71
109-acid]). 72
110- (7) MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE, 73
111-DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT. — 74
112- (a) Hemp extract may only be manufactured, delivered, 75
88+extracts, cannabinoids, isomers, acids, salts, and salts of 51
89+isomers thereof, whether growing or not, that has a total delta -52
90+9-tetrahydrocannabinol concentration that does no t exceed 0.3 53
91+percent on a dry-weight basis, with the exception of hemp 54
92+extract, which may not exceed 0.3 percent total delta -9-55
93+tetrahydrocannabinol concentration on a wet-weight basis or that 56
94+does not exceed 2 milligrams per serving and 10 milligrams per 57
95+container on a wet-weight basis, whichever is less . 58
96+ (f) "Hemp extract" means a substance or compound intended 59
97+for ingestion, containing more than trace amounts of a 60
98+cannabinoid, or for inhalation which is derived from or contains 61
99+hemp but and which does not contain synthetic or naturally 62
100+occurring versions of controlled substances listed in s. 893.03, 63
101+such as delta-8-tetrahydrocannabinol, delta -10-64
102+tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol 65
103+acetate, tetrahydrocannabiphorol, and tetrahyd rocannabivarin. 66
104+The term does not include synthetic cannabidiol or seeds or 67
105+seed-derived ingredients that are generally recognized as safe 68
106+by the United States Food and Drug Administration. 69
107+ (h) "Total delta-9-tetrahydrocannabinol concentration" 70
108+means a concentration calculated as follows: [delta -9-71
109+tetrahydrocannabinol] + (0.877 x [delta -9-tetrahydrocannabinolic 72
110+acid]). 73
111+ (7) MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE, 74
112+DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT. — 75
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121121 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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125-held, offered for sale, distributed, or and sold in this the 76
126-state if the product: 77
127- 1. Has a certificate of analysis prepared by an 78
128-independent testing laboratory that states: 79
129- a. The hemp extract is the product of a batch tested by 80
130-the independent testing laboratory; 81
131- b. The batch contained a total delta-9-82
132-tetrahydrocannabinol concentration that did not exceed 0.3 83
133-percent pursuant to the testing of a random sample of the batch . 84
134-However, if the batch is sold at retail, the batch must meet the 85
135-total delta-9-tetrahydrocannabinol concentration l imits set 86
136-forth in paragraph (3)(e) for hemp extract ; 87
137- c. The batch does not contain contaminants unsafe for 88
138-human consumption; and 89
139- d. The batch was processed in a facility that holds a 90
140-current and valid permit issued by a human health or food safety 91
141-regulatory entity with authority over the facility, and that 92
142-facility meets the human health or food safety sanitization 93
143-requirements of the regulatory entity. Such compliance must be 94
144-documented by a report from the regulatory entity confirming 95
145-that the facility meets such requirements. 96
146- 2. Is manufactured, delivered, held, offered for sale, 97
147-distributed, or sold in a container that includes: 98
148- a. A scannable barcode or quick response code linked to 99
149-the certificate of analysis of the hemp extract batch by an 100
125+ (a) Hemp extract may only be manufactured, delivered, 76
126+held, offered for sale, distributed, or and sold in this the 77
127+state if the product: 78
128+ 1. Has a certificate of analysis prepared by an 79
129+independent testing laboratory that states: 80
130+ a. The hemp extract is the product of a batch tested by 81
131+the independent testing laboratory; 82
132+ b. The batch contained a total delta -9-83
133+tetrahydrocannabinol concentration that did not exceed 0.3 84
134+percent pursuant to the testing of a random sample of the batch . 85
135+However, if the batch is sold at retail, the batch must mee t the 86
136+total delta-9-tetrahydrocannabinol concentration limits set 87
137+forth in paragraph (3)(e) for hemp extract ; 88
138+ c. The batch does not contain contaminants unsafe for 89
139+human consumption; and 90
140+ d. The batch was processed in a facility that holds a 91
141+current and valid permit issued by a human health or food safety 92
142+regulatory entity with authority over the facility, and that 93
143+facility meets the human health or food safety sanitization 94
144+requirements of the regulatory entity. Such compliance must be 95
145+documented by a report from the regulatory entity confirming 96
146+that the facility meets such requirements. 97
147+ 2. Is manufactured, delivered, held, offered for sale, 98
148+distributed, or sold in a container that includes: 99
149+ a. A scannable barcode or quick response code linked to 100
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158158 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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162-independent testing laboratory; 101
163- b. The batch number; 102
164- c. The Internet address of a website where batch 103
165-information may be obtained; 104
166- d. The expiration date; and 105
167- e. The number of milligrams of each marketed cannabinoid 106
168-per serving; and 107
169- f. The toll-free telephone number for the national Poison 108
170-Control Help line, (800) 222 -1222. 109
171- 3. Is manufactured, delivered, held, offered for sale, 110
172-distributed, or sold in a container that: 111
173- a. Is suitable to contain products for human consumption; 112
174- b. Is composed of materials designed to minimize exposure 113
175-to light; 114
176- c. Mitigates exposure to high temperatures; 115
177- d. Is not attractive to children; and 116
178- e. Is compliant with the United States Poison Prevention 117
179-Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 118
180-regard to provided exemptions. 119
181- (b) Hemp extract may only be sold to or procured by a 120
182-business in this state if that business is properly permitted as 121
183-required by this section. A business or food establishment may 122
184-not possess hemp extract products that a re attractive to 123
185-children. 124
186- (c) Hemp extract manufactured, delivered, held, offered 125
162+the certificate of analysis of the hemp extract batch by an 101
163+independent testing laboratory; 102
164+ b. The batch number; 103
165+ c. The Internet address of a website where batch 104
166+information may be obtained; 105
167+ d. The expiration date; and 106
168+ e. The number of milligrams of ea ch marketed cannabinoid 107
169+per serving; and 108
170+ f. The toll-free telephone number for the national Poison 109
171+Control Help line, (800) 222 -1222. 110
172+ 3. Is manufactured, delivered, held, offered for sale, 111
173+distributed, or sold in a container that: 112
174+ a. Is suitable to contain products for human consumption; 113
175+ b. Is composed of materials designed to minimize exposure 114
176+to light; 115
177+ c. Mitigates exposure to high temperatures; 116
178+ d. Is not attractive to children; and 117
179+ e. Is compliant with the United States Poison Prevention 118
180+Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 119
181+regard to provided exemptions. 120
182+ (b) Hemp extract may only be sold to or procured by a 121
183+business in this state if that business is properly permitted as 122
184+required by this section. A business or food e stablishment may 123
185+not possess hemp extract products that are attractive to 124
186+children. 125
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195195 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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199-for sale, distributed, or sold in this state is subject to the 126
200-applicable requirements of chapter 500, chapter 502, or chapter 127
201-580. 128
202- (d) Products that are intended for hu man ingestion or 129
203-inhalation and that contain hemp extract, including, but not 130
204-limited to, snuff, chewing gum, and other smokeless products, 131
205-may not be sold in this state to a person who is under 21 years 132
206-of age. A person who violates this paragraph commits a 133
207-misdemeanor of the second degree, punishable as provided in s. 134
208-775.082 or s. 775.083. A person who commits a second or 135
209-subsequent violation of this paragraph within 1 year after the 136
210-initial violation commits a misdemeanor of the first degree, 137
211-punishable as provided in s. 775.082 or s. 775.083. 138
212- (e) Hemp extract possessed, manufactured, delivered, held, 139
213-offered for sale, distributed, or sold in violation of this 140
214-subsection by an entity regulated under chapter 500 is subject 141
215-to s. 500.172 and penalties as provided in s. 500.121. Hemp 142
216-extract products found to be mislabeled or attractive to 143
217-children are subject to an immediate stop -sale order. The 144
218-department may not grant permission to remove or use, except for 145
219-disposal, hemp extract products subject to a s top-sale order 146
220-which are attractive to children until the department determines 147
221-that the hemp extract products comply with state law. 148
222- (f)1. An event organizer may not promote, advertise, or 149
223-facilitate an event where: 150
199+ (c) Hemp extract manufactured, delivered, held, offered 126
200+for sale, distributed, or sold in this state is subject to the 127
201+applicable requirements of chapter 500, chapter 502 , or chapter 128
202+580. 129
203+ (d) Products that are intended for human ingestion or 130
204+inhalation and that contain hemp extract, including, but not 131
205+limited to, snuff, chewing gum, and other smokeless products, 132
206+may not be sold in this state to a person who is under 21 y ears 133
207+of age. A person who violates this paragraph commits a 134
208+misdemeanor of the second degree, punishable as provided in s. 135
209+775.082 or s. 775.083. A person who commits a second or 136
210+subsequent violation of this paragraph within 1 year after the 137
211+initial violation commits a misdemeanor of the first degree, 138
212+punishable as provided in s. 775.082 or s. 775.083. 139
213+ (e) Hemp extract possessed, manufactured, delivered, held, 140
214+offered for sale, distributed, or sold in violation of this 141
215+subsection by an entity regulated un der chapter 500 is subject 142
216+to s. 500.172 and penalties as provided in s. 500.121. Hemp 143
217+extract products found to be mislabeled or attractive to 144
218+children are subject to an immediate stop -sale order. The 145
219+department may not grant permission to remove or use, except for 146
220+disposal, hemp extract products subject to a stop -sale order 147
221+which are attractive to children until the department determines 148
222+that the hemp extract products comply with state law. 149
223+ (f)1. An event organizer may not promote, advertise, or 150
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232232 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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236- a. Hemp extract products that do no t comply with general 151
237-law, including hemp extract products that are not from an 152
238-approved source as provided in sub -subparagraph (a)1.d, are sold 153
239-or marketed; or 154
240- b. Hemp extract products are sold or marketed by 155
241-businesses that are not properly permitted a s required by this 156
242-section and chapter 500. 157
243- 2. Before an event where hemp extract products are sold or 158
244-marketed, an event organizer must provide to the department a 159
245-list of the businesses selling or marketing hemp extract 160
246-products at the event and verify that each business is only 161
247-selling hemp products from an approved source. The event 162
248-organizer must ensure that each participating business is 163
249-properly permitted as required by this section and chapter 500. 164
250- 3. A person who violates this paragraph is subj ect to an 165
251-administrative fine in the Class III category under s. 570.971 166
252-for each violation. 167
253- Section 2. For the 2024-2025 fiscal year, the sum of $2 168
254-million in nonrecurring funds is appropriated from the General 169
255-Revenue Fund to the Department of Law En forcement for the 170
256-purchase of testing equipment necessary to implement this act. 171
257- Section 3. This act shall take effect October 1, 2024. 172
236+facilitate an event where: 151
237+ a. Hemp extract products that do not comply with general 152
238+law, including hemp extract products that are not from an 153
239+approved source as provided in sub -subparagraph (a)1.d, are sold 154
240+or marketed; or 155
241+ b. Hemp extract products are sold or marketed by 156
242+businesses that are not properly permitted as required by this 157
243+section and chapter 500. 158
244+ 2. Before an event where hemp extract products are sold or 159
245+marketed, an event organizer must provide to the department a 160
246+list of the businesses selling o r marketing hemp extract 161
247+products at the event and verify that each business is only 162
248+selling hemp products from an approved source. The event 163
249+organizer must ensure that each participating business is 164
250+properly permitted as required by this section and chapt er 500. 165
251+ 3. A person who violates this paragraph is subject to an 166
252+administrative fine in the Class III category under s. 570.971 167
253+for each violation. 168
254+ Section 2. This act shall take effect July 1, 2024. 169