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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
appropriation; providing an 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), a nd 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 a s 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 manufactured in the 36
shape of or packaged in containers displaying humans, cartoons, 37
or animals, toys, or other features that target children ; 38
manufactured in a form or packaged in a container that bears any 39
reasonable resemblance to a n existing candy or snack product 40
that is familiar to the public ; manufactured in a form or 41
packaged in a container that bears any reasonable resemblance to 42
a as a widely distributed, branded food product such that the a 43
product could be mistaken for the b randed food product, 44
especially by children; or containing any color additives ; or, 45
for hemp extract intended for inhalation, the addition of any 46
flavoring. 47
(e) "Hemp" means the plant Cannabis sativa L. and any part 48
of that plant, including the seeds the reof, and all derivatives, 49
extracts, cannabinoids, isomers, acids, salts, and salts of 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
isomers thereof, whether growing or not, that has a total delta -51
9-tetrahydrocannabinol concentration that does not exceed 0.3 52
percent on a dry-weight basis, with the exc eption of hemp 53
extract, which may not exceed 0.3 percent total delta -9-54
tetrahydrocannabinol concentration on a wet-weight basis or that 55
does not exceed 2 milligrams per serving and 10 milligrams per 56
container on a wet-weight basis, whichever is less . 57
(f) "Hemp extract" means a substance or compound intended 58
for ingestion, containing more than trace amounts of a 59
cannabinoid, or for inhalation which is derived from or contains 60
hemp but and which does not contain synthetic or naturally 61
occurring versions of controlled substances listed in s. 893.03, 62
such as delta-8-tetrahydrocannabinol, delta -10-63
tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol 64
acetate, tetrahydrocannabiphorol, and tetrahydrocannabivarin . 65
The term does not include synthetic cann abidiol or seeds or 66
seed-derived ingredients that are generally recognized as safe 67
by the United States Food and Drug Administration. 68
(h) "Total delta-9-tetrahydrocannabinol concentration" 69
means a concentration calculated as follows: [delta -9-70
tetrahydrocannabinol] + (0.877 x [delta -9-tetrahydrocannabinolic 71
acid]). 72
(7) MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE, 73
DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT. — 74
(a) Hemp extract may only be manufactured, delivered, 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
held, offered for sale, distributed, or and sold in this the 76
state if the product: 77
1. Has a certificate of analysis prepared by an 78
independent testing laboratory that states: 79
a. The hemp extract is the product of a batch tested by 80
the independent testing laboratory; 81
b. The batch contained a total delta-9-82
tetrahydrocannabinol concentration that did not exceed 0.3 83
percent pursuant to the testing of a random sample of the batch . 84
However, if the batch is sold at retail, the batch must meet the 85
total delta-9-tetrahydrocannabinol concentration l imits set 86
forth in paragraph (3)(e) for hemp extract ; 87
c. The batch does not contain contaminants unsafe for 88
human consumption; and 89
d. The batch was processed in a facility that holds a 90
current and valid permit issued by a human health or food safety 91
regulatory entity with authority over the facility, and that 92
facility meets the human health or food safety sanitization 93
requirements of the regulatory entity. Such compliance must be 94
documented by a report from the regulatory entity confirming 95
that the facility meets such requirements. 96
2. Is manufactured, delivered, held, offered for sale, 97
distributed, or sold in a container that includes: 98
a. A scannable barcode or quick response code linked to 99
the certificate of analysis of the hemp extract batch by an 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
independent testing laboratory; 101
b. The batch number; 102
c. The Internet address of a website where batch 103
information may be obtained; 104
d. The expiration date; and 105
e. The number of milligrams of each marketed cannabinoid 106
per serving; and 107
f. The toll-free telephone number for the national Poison 108
Control Help line, (800) 222 -1222. 109
3. Is manufactured, delivered, held, offered for sale, 110
distributed, or sold in a container that: 111
a. Is suitable to contain products for human consumption; 112
b. Is composed of materials designed to minimize exposure 113
to light; 114
c. Mitigates exposure to high temperatures; 115
d. Is not attractive to children; and 116
e. Is compliant with the United States Poison Prevention 117
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 118
regard to provided exemptions. 119
(b) Hemp extract may only be sold to or procured by a 120
business in this state if that business is properly permitted as 121
required by this section. A business or food establishment may 122
not possess hemp extract products that a re attractive to 123
children. 124
(c) Hemp extract manufactured, delivered, held, offered 125
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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
for sale, distributed, or sold in this state is subject to the 126
applicable requirements of chapter 500, chapter 502, or chapter 127
580. 128
(d) Products that are intended for hu man ingestion or 129
inhalation and that contain hemp extract, including, but not 130
limited to, snuff, chewing gum, and other smokeless products, 131
may not be sold in this state to a person who is under 21 years 132
of age. A person who violates this paragraph commits a 133
misdemeanor of the second degree, punishable as provided in s. 134
775.082 or s. 775.083. A person who commits a second or 135
subsequent violation of this paragraph within 1 year after the 136
initial violation commits a misdemeanor of the first degree, 137
punishable as provided in s. 775.082 or s. 775.083. 138
(e) Hemp extract possessed, manufactured, delivered, held, 139
offered for sale, distributed, or sold in violation of this 140
subsection by an entity regulated under chapter 500 is subject 141
to s. 500.172 and penalties as provided in s. 500.121. Hemp 142
extract products found to be mislabeled or attractive to 143
children are subject to an immediate stop -sale order. The 144
department may not grant permission to remove or use, except for 145
disposal, hemp extract products subject to a s top-sale order 146
which are attractive to children until the department determines 147
that the hemp extract products comply with state law. 148
(f)1. An event organizer may not promote, advertise, or 149
facilitate an event where: 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
a. Hemp extract products that do no t comply with general 151
law, including hemp extract products that are not from an 152
approved source as provided in sub -subparagraph (a)1.d, are sold 153
or marketed; or 154
b. Hemp extract products are sold or marketed by 155
businesses that are not properly permitted a s required by this 156
section and chapter 500. 157
2. Before an event where hemp extract products are sold or 158
marketed, an event organizer must provide to the department a 159
list of the businesses selling or marketing hemp extract 160
products at the event and verify that each business is only 161
selling hemp products from an approved source. The event 162
organizer must ensure that each participating business is 163
properly permitted as required by this section and chapter 500. 164
3. A person who violates this paragraph is subj ect to an 165
administrative fine in the Class III category under s. 570.971 166
for each violation. 167
Section 2. For the 2024-2025 fiscal year, the sum of $2 168
million in nonrecurring funds is appropriated from the General 169
Revenue Fund to the Department of Law En forcement for the 170
purchase of testing equipment necessary to implement this act. 171
Section 3. This act shall take effect October 1, 2024. 172