HB 601 2025
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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 extract products; amending s. 2
581.217, F.S.; revising legislative findings; revising 3
and providing definitions; revising and providing 4
conditions for the manufacture, delivery, hold, offer 5
for sale, distribution, and retail sale of hemp 6
extract products; providing penalties; requiring 7
manufacturers, distributors, and retailers of hemp 8
extract products to maintain certain records; 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
providing appropriations; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Paragraph (b) of subsection (2) and subsections 18
(3) and (7) of section 581.217, Florida Statutes, are amended to 19
read: 20
581.217 State hemp program. — 21
(2) LEGISLATIVE FINDINGS. —The Legislature finds that: 22
(b) Hemp and hemp extract Hemp-derived cannabinoids, 23
including, but not limited to, cannabidiol, are not controlled 24
substances or adulterants if they are in compliance with this 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
section. 26
(3) DEFINITIONS.—As used in this section, the term: 27
(a) "Attractive to children" means manufactured in the 28
shape of or packaged in containers displaying humans, cartoons, 29
or animals, toys, or other features that appeal to children ; 30
manufactured in a form or packaged in a container that bears any 31
reasonable resemblance to an existing candy or snack product 32
that is familiar to children; manufactured in a form or packaged 33
in a container that bears any reasonable resemblance to a the 34
public as a widely distributed, branded snack or food product 35
marketed to children such that the a product could be mistaken 36
for the branded snack or food product, especially by children; 37
or containing any color additives. 38
(b) "Certifying agency" has the same meaning as in s. 39
578.011(8). 40
(c) "Contaminants unsafe for human consumption" includes, 41
but is not limited to, any microbe, fungus, yeast, mildew, 42
herbicide, pesticide, fungicide, residual solvent, metal, or 43
other contaminant found in any amount that exceeds any of the 44
accepted limitations as determined by rules adopted by the 45
Department of Health in accordance with s. 381.986, or other 46
limitation pursuant to the laws of this state, whichever amount 47
is less. 48
(d) "Convenience business" means any place of business 49
that is primarily engaged in the retail sale of groceries and 50
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gasoline and licensed by the Division of Alcoholic Beverages and 51
Tobacco within the Department of Business and Professional 52
Regulation pursuant to chapter 210, chapter 561, chapter 562, 53
chapter 563, chapter 564, chapter 565, or chapter 569. 54
(e) "Counter" means the point of purchase at a retail 55
establishment. 56
(f)(d) "Cultivate" means planting, watering, growing, or 57
harvesting hemp. 58
(g) "Exit package" means an opaque bag provided at the 59
point of purchase for a hemp extract product that satisfies the 60
child-resistant effectiveness standards under 16 C.F.R. s. 61
1700.15(b)(1) when te sted in accordance with the requirements of 62
16 C.F.R. s. 1700.20. 63
(h)(e) "Hemp" means the plant Cannabis sativa L. and any 64
part of that plant, including the seeds thereof, and all 65
derivatives, extracts, cannabinoids, isomers, acids, salts, and 66
salts of isomers thereof, whether growing or not, that has a 67
total delta-9-tetrahydrocannabinol concentration that does not 68
exceed 0.3 percent on a dry -weight basis, with the exception of 69
hemp extract, which may not exceed : 70
1. Zero point 3 0.3 percent total delta-9-71
tetrahydrocannabinol concentration on a wet-weight basis; 72
2. Twenty-five milligrams per serving or 500 milligrams 73
per container on a dry -weight basis for edible products; or 74
3. Three milliliters for a product that uses an 75
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electronic, chemical, or mechanical means to produce vapor. 76
(i)(f) "Hemp extract" means a s ubstance or compound 77
intended for ingestion, containing more than trace amounts of a 78
cannabinoid, or for inhalation which is derived from or contains 79
hemp and which does not contain controlled substances. The term 80
does not include synthetic cannabidiol or seeds or seed-derived 81
ingredients that are generally recognized as safe by the United 82
States Food and Drug Administration. 83
(j)(g) "Independent testing laboratory" means a laboratory 84
that: 85
1. Does not have a direct or indirect interest in the 86
entity whose product is being tested; 87
2. Does not have a direct or indirect interest in a 88
facility that cultivates, processes, distributes, dispenses, or 89
sells hemp or hemp extract in the state or in another 90
jurisdiction or cultivates, processes, distributes, disp enses, 91
or sells marijuana, as defined in s. 381.986; and 92
3. Is accredited by a third -party accrediting body as a 93
competent testing laboratory pursuant to ISO/IEC 17025 of the 94
International Organization for Standardization. 95
(k) "Retail establishment" me ans a place of business 96
licensed to sell hemp extract products which is open to the 97
public for the sale of goods or services. 98
(l) "Safe harbor hemp extract product" means a finished 99
hemp extract product or a hemp extract product in the process of 100
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being manufactured which is permitted to be manufactured, 101
processed, produced, packaged, prepared, treated, transported, 102
or held for distribution in this state for the exclusive purpose 103
of being exported from this state. 104
(7) MANUFACTURE, DELIVERY, HOLD, OFFER F OR SALE, 105
DISTRIBUTION, AND RETAIL SALE OF HEMP EXTRACT PRODUCTS.— 106
(a) Hemp extract products may only be sold at retail to a 107
person 21 years of age or older. A person who violates this 108
paragraph commits a misdemeanor of the second degree, punishable 109
as provided in s. 775.082 or s. 775.083. A person who commits a 110
second or subsequent violation of this paragraph within 1 year 111
after an initial violation commits a misdemeanor of the first 112
degree, punishable as provided in s. 775.082 or s. 775.083. 113
(b)(a) Hemp extract may only be distributed , offered for 114
retail sale, and sold at retail in this the state if the 115
product: 116
1. Has a certificate of analysis prepared by an 117
independent testing laboratory which that states: 118
a. The hemp extract is the product of a b atch tested by 119
the independent testing laboratory; 120
b. The batch contained a total delta -9-121
tetrahydrocannabinol concentration that did not exceed 0.3 122
percent pursuant to the testing of a random sample of the batch , 123
or if the batch is sold at retail, the b atch meets the total 124
delta-9-tetrahydrocannabinol concentration limits for hemp 125
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extract set forth in paragraph (3)(h) ; 126
c. The batch does not contain contaminants unsafe for 127
human consumption; and 128
d. The batch was processed in a facility that holds a 129
current and valid permit issued by a human health or food safety 130
regulatory entity with authority over the facility, and that 131
facility meets the human health or food safety sanitization 132
requirements of the regulatory entity. Such compliance must be 133
documented by a report from the regulatory entity confirming 134
that the facility meets such requirements. 135
2. Is distributed, offered for retail sale, or sold at 136
retail with a label that does not make any claims related to the 137
health benefits of the product unless e xpressly authorized by 138
the United States Food and Drug Administration and in a 139
container that includes: 140
a. A scannable barcode or quick response code linked to 141
the certificate of analysis of the hemp extract batch by an 142
independent testing laboratory; 143
b. The batch number; 144
c. The Internet address of a website where batch 145
information may be obtained; 146
d. The expiration date; and 147
e. The number of milligrams of each marketed cannabinoid 148
per serving; 149
f. The concentration of cannabinoids contained in t he 150
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product; 151
g. The recommended amount of product per serving; and 152
h. The toll-free telephone number for the national Poison 153
Help line. 154
3. Is distributed, offered for retail sale, or sold at 155
retail in a container that: 156
a. Is suitable to contain products for human consumption; 157
b. Is composed of materials designed to minimize exposure 158
to light; 159
c. Mitigates exposure to high temperatures; 160
d. Is not attractive to children; and 161
e. Is compliant with the United States Poison Prevention 162
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 163
regard to provided exemptions ; and 164
f. Is child-resistant and satisfies the child -resistant 165
effectiveness standards under 16 C.F.R. s. 1700.15(b)(1) when 166
tested in accordance with the requirements of 16 C.F.R. s. 167
1700.20. 168
(c) The labeling, packaging design, and advertising or 169
marketing materials for any hemp extract product may not be 170
attractive to children or engage in infringement under s. 171
495.131, trade dress, trademarks, branding or other related 172
materials, or any imagery or scenery that depicts or signifies 173
characters or symbols known to appeal primarily to persons under 174
21 years of age, including, but not limited to, superheroes, 175
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comic book characters, video game characters, and mythical 176
creatures. 177
(d) A hemp extract product, other than a beverage , must be 178
maintained behind the counter of a retail establishment in an 179
area that is inaccessible to customers. 180
(e) A convenience business may only sell hemp extract 181
products in the form of beverages. 182
(f) Hemp extract products must be placed in an exit 183
package at the point of sale. 184
(g)(b) Hemp extract may only be sold to a business in this 185
state if that business is properly permitted as required by this 186
section. 187
(h)(c) Hemp extract distributed or s old in this state is 188
subject to the applicable requirements of chapter 500, chapter 189
502, or chapter 580. 190
(i) Manufacturers, distributors, and retailers of hemp 191
extract products shall maintain a readily accessible written or 192
electronic record of all hemp extract products in their 193
inventory for 3 years after the product is sold or otherwise 194
disposed of. The record must contain the name of the product, 195
the manufacturer of the product, the third -party laboratory test 196
for the product, the date the product was placed in inventory, 197
the date the product was removed from inventory, and the current 198
disposition of the product. 199
(j)1. Safe harbor hemp extract products may not be sold at 200
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a retail establishment in this state. 201
2. Safe harbor hemp extract products in c ompliance with 202
this section must be physically segregated from other products, 203
including hemp extract products, by a manufacturer or storage 204
facility. 205
(d) Products that are intended for human ingestion or 206
inhalation and that contain hemp extract, includi ng, but not 207
limited to, snuff, chewing gum, and other smokeless products, 208
may not be sold in this state to a person who is under 21 years 209
of age. A person who violates this paragraph commits a 210
misdemeanor of the second degree, punishable as provided in s. 211
775.082 or s. 775.083. A person who commits a second or 212
subsequent violation of this paragraph within 1 year after the 213
initial violation commits a misdemeanor of the first degree, 214
punishable as provided in s. 775.082 or s. 775.083. 215
(k)(e) Hemp extract possessed, manufactured, delivered, 216
held, offered for sale, distributed, or sold in violation of 217
this subsection is subject to s. 500.172 and penalties as 218
provided in s. 500.121. Hemp extract products found to be 219
mislabeled or attractive to children are subj ect to an immediate 220
stop-sale order. The department may not grant permission to 221
remove or use, except for disposal, hemp extract products 222
subject to a stop-sale order which are attractive to children 223
until the department determines that the hemp extract pr oducts 224
comply with state law. 225
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Section 2. (1) For the 2025-2026 fiscal year, the sum of 226
$2 million in nonrecurring funds is appropriated from the 227
General Revenue Fund to the Department of Law Enforcement for 228
the purchase of testing equipment necessary to implement this 229
act. 230
(2) For the 2025-2026 fiscal year, the sum of $25 million 231
in nonrecurring funds is appropriated from the General Revenue 232
Fund to the Department of Legal Affairs for the investigation of 233
hemp and hemp extract products manufactured i n a foreign country 234
of concern as defined in s. 692.201, Florida Statutes, and 235
imported into this state. 236
Section 3. This act shall take effect October 1, 2025. 237