HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 1 of 15
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 food and hemp products; amending s. 2
381.988, F.S.; providing that a marijuana testing 3
laboratory may acquire hemp and hemp extract only from 4
certain businesses; prohibiting a marijuana testing 5
laboratory from selling, distributing, or tr ansferring 6
hemp or hemp extract from certain businesses; 7
requiring a marijuana testing laboratory to separate 8
marijuana received from certain entities from hemp or 9
hemp extract received from certain entities; amending 10
s. 581.217, F.S.; revising legislative findings; 11
revising definitions; defining terms; revising 12
requirements for the sale and distribution of hemp 13
extract; deleting provisions related to the 14
distribution and sale of hemp extract; providing an 15
exception; prohibiting unpermitted business sales, 16
street sales, or festival sales of hemp extract; 17
prohibiting businesses and food establishments from 18
possessing hemp extract products that are attractive 19
to children; prohibiting a business permitted to sell 20
hemp or hemp extract from being located in certa in 21
areas; providing requirements for businesses permitted 22
to sell hemp or hemp extract; including THC -infused 23
beverages in the list of products prohibited for sale 24
to a person under 21 years of age; providing a penalty 25
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 2 of 15
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 hemp extract possessed, manufactu red, delivered, 26
held, offered for sale, distributed, or sold by 27
certain entities in violation of specified provisions; 28
prohibiting the Department of Agriculture and Consumer 29
Services from granting permission to remove or use 30
certain hemp extract products u ntil it has determined 31
that such hemp extract products comply with state law; 32
prohibiting event organizers from promoting, 33
advertising, or facilitating certain events; requiring 34
organizers of certain events to provide a list of 35
certain vendors to the depar tment, verify that such 36
vendors are selling hemp products only from approved 37
sources, and ensure that such vendors are properly 38
permitted; providing for administrative fines; 39
requiring that hemp extract be tested in a certified 40
marijuana testing laboratory before it may be sold in 41
this state; providing construction; requiring the 42
department to create procedures for the testing of 43
hemp extract that fails to meet specified 44
requirements; authorizing the department to select and 45
test samples of hemp extract fro m a retail store, hemp 46
distributor, or hemp cultivator for certain purposes; 47
requiring retail stores to recall hemp extract that 48
fails to meet specified requirements; requiring that 49
an independent testing laboratory retain records of 50
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 3 of 15
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
all tested and sampled hemp extract for a specified 51
timeframe; prohibiting the retail sale of THC -infused 52
beverages at certain locations; prohibiting THC -53
infused beverages from containing alcoholic or 54
intoxicating beverages; providing that THC -infused 55
beverages may be distribut ed only by certain 56
distributors; prohibiting distributors of THC -infused 57
beverages from taking certain actions; prohibiting a 58
retail vendor of THC -infused beverages from purchasing 59
or obtaining such beverages from a person not licensed 60
as a distributor; pr ohibiting a retail vendor of THC -61
infused beverages from attempting to return or 62
exchange a THC-infused beverage under certain 63
circumstances; providing for administrative fines; 64
providing an appropriation; reenacting s. 65
500.03(1)(n), F.S., relating to defin itions, to 66
incorporate the amendment made to s. 581.217, F.S., in 67
references thereto; providing an effective date. 68
69
Be It Enacted by the Legislature of the State of Florida: 70
71
Section 1. Subsection (4) of section 381.988, Florida 72
Statutes, is amended to read: 73
381.988 Medical marijuana testing laboratories; marijuana 74
tests conducted by a certified laboratory. — 75
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 4 of 15
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
(4) A marijuana testing laboratory may acquire marijuana 76
only from a medical marijuana treatment center and may acquire 77
hemp and hemp extract only from a business that is licensed or 78
permitted under s. 581.217 . A marijuana testing laboratory is 79
prohibited from selling, distributing, or transferring marijuana 80
received from a marijuana treatment center, or hemp or hemp 81
extract received from a business licensed or permitted under s. 82
581.217, except that a marijuana testing laboratory may transfer 83
a sample to another marijuana testing laboratory in this state. 84
A marijuana test laboratory must keep marijuana received from a 85
medical marijuana trea tment center separated from hemp or hemp 86
extract received from a business that is licensed or permitted 87
under s. 581.217. 88
Section 2. Present subsections (8) through (13) of section 89
581.217, Florida Statutes, are redesignated as subsections (10) 90
through (15), respectively, present paragraphs (b) through (f) 91
of subsection (3) are redesignated as paragraphs (c) through 92
(g), respectively, new subsections (8) and (9) are added to that 93
section, new paragraphs (b) and (i) are added to subsection (3) 94
of that section, and paragraph (b) of subsection (2), present 95
paragraphs (a), (e), (f), and (g) of subsection (3), subsection 96
(7), and paragraph (c) of present subsection (13) of that 97
section are amended to read: 98
581.217 State hemp program. — 99
(2) LEGISLATIVE FIND INGS.—The Legislature finds that: 100
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 5 of 15
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
(b) Hemp and hemp extract Hemp-derived cannabinoids, 101
including, but not limited to, cannabidiol, are not controlled 102
substances or adulterants if they are in compliance with this 103
section. 104
(3) DEFINITIONS.—As used in this section, the term: 105
(a) "Attractive to children" means manufactured in the 106
shape of or packaged in containers displaying humans, cartoons, 107
or animals, toys, or other features that target children ; 108
manufactured in a form or packaged in a container that bears any 109
reasonable resemblance to an existing candy or snack product 110
that is familiar to the public ; manufactured in a form or 111
packaged in a container that bears any reasonable resemblance to 112
a as a widely distributed, branded food product such that the a 113
product could be mistaken for the branded food product, 114
especially by children; or containing any color additives. 115
(b) "Certified marijuana testing laboratory" means a 116
laboratory that is certified by the Department of Health 117
pursuant to s. 381.988. 118
(f)(e) "Hemp" means the plant Cannabis sativa L. and any 119
part of that plant, including the seeds thereof, and all 120
derivatives, extracts, cannabinoids, isomers, acids, salts, and 121
salts of isomers thereof, whether growing or not, that has a 122
total delta-9-tetrahydrocannabinol concentration that does not 123
exceed 0.3 percent on a dry -weight basis, with the exception of 124
hemp extract, which may not exceed 0.3 percent total delta -9-125
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 6 of 15
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
tetrahydrocannabinol concentration on a wet-weight basis or 126
which does not exceed 5 mil ligrams per serving and 50 milligrams 127
per container on a wet -weight basis, whichever is less, except 128
that a THC-infused beverage may not contain more than 5 129
milligrams per unopened can or bottle or in any other sealed 130
container. 131
(g)(f) "Hemp extract" means hemp that is a substance or 132
compound intended for ingestion or inhalation and that contains , 133
containing more than trace amounts of a cannabinoid but, or for 134
inhalation which is derived from or contains hemp and which does 135
not contain controlled substanc es listed in s. 893.03; any 136
quantity of synthetic cannabinoids; or delta -8-137
tetrahydrocannabinol, delta -10-tetrahydrocannabinol, 138
hexahydrocannabinol, tetrahydrocannabinol acetate, 139
tetrahydrocannabiphorol, or tetrahydrocannabivarin . The term 140
does not include synthetic cannabidiol or seeds or seed -derived 141
ingredients that are generally recognized as safe by the United 142
States Food and Drug Administration. 143
(h)(g) "THC-infused beverage" means a soft drink, soda, 144
juice, tea, or other beverage intended for ingest ion which 145
contains hemp extract in an amount not to exceed 5 milligrams 146
per unopened can or bottle or in any other sealed container 147
"Independent testing laboratory" means a laboratory that: 148
1. Does not have a direct or indirect interest in the 149
entity whose product is being tested; 150
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 7 of 15
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
2. Does not have a direct or indirect interest in a 151
facility that cultivates, processes, distributes, dispenses, or 152
sells hemp or hemp extract in the state or in another 153
jurisdiction or cultivates, processes, distributes, dispenses, 154
or sells marijuana, as defined in s. 381.986; and 155
3. Is accredited by a third -party accrediting body as a 156
competent testing laboratory pursuant to ISO/IEC 17025 of the 157
International Organization for Standardization . 158
(i) "Total delta-9-tetrahydrocannabinol concentration" 159
means a concentration calculated as follows: [delta -9-160
tetrahydrocannabinol] + (0.877 x [delta -9-tetrahydrocannabinolic 161
acid]). 162
(7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. — 163
(a) Hemp extract may only be distributed an d sold in this 164
the state if the product meets all of the following 165
requirements: 166
1. Is in compliance with the testing requirements set 167
forth in subsection (8). Has a certificate of analysis prepared 168
by an independent testing laboratory that states: 169
a. The hemp extract is the product of a batch tested by 170
the independent testing laboratory; 171
b. The batch contained a total delta -9-172
tetrahydrocannabinol concentration that did not exceed 0.3 173
percent pursuant to the testing of a random sample of the batch; 174
c. The batch does not contain contaminants unsafe for 175
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 8 of 15
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
human consumption; and 176
2.d. The batch Was processed in a facility that holds a 177
current and valid permit issued by a human health or food safety 178
regulatory entity with authority over the facility, and that 179
facility meets the human health or food safety sanitization 180
requirements of the regulatory entity. Such compliance must be 181
documented by a report from the regulatory entity confirming 182
that the facility meets such requirements. 183
3.2. Is distributed or sold in a container that includes: 184
a. A scannable barcode or quick response code linked to 185
the certificate of analysis of the hemp extract batch by a 186
certified marijuana an independent testing laboratory; 187
b. The batch number; 188
c. The Internet address of a website where batch 189
information may be obtained; 190
d. The expiration date; and 191
e. The number of milligrams of each marketed cannabinoid 192
per serving; and 193
f. The toll-free telephone number for the national Poison 194
Help line. 195
4.3. Is distributed or sold in a container that: 196
a. Is suitable to contain products for human consumption; 197
b. Is composed of materials designed to minimize exposure 198
to light; 199
c. Mitigates exposure to high temperatures; 200
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 9 of 15
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
d. Is not attractive to children; and 201
e. Is compliant with the United States Poison Prevention 202
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 203
regard to provided exemptions. 204
(b) Except as required under this section for the retail 205
sale of THC-infused beverages, hemp extract may only be sold to 206
or procured by a business in this state if that business is 207
properly permitted as required by chapter 500 this section. A 208
business or food establishment may not possess hemp extract 209
products that are attractive to children. Unpermitted business 210
sales, street sales, or festival sales are not allowed. A 211
business or food establishment may not possess hemp or hemp 212
extract products that are attractive to children. A business or 213
food establishment permitted to sell hemp or hemp extract may 214
not be located withi n 500 feet of a school or daycare facility, 215
a retail outlet engaged in the business of selling motor fuel, 216
or a retail facility in possession of a valid permit to sell 217
hemp or hemp extract. Businesses and food establishments 218
permitted to sell hemp or hemp extract: 219
1. May not advertise the availability of such products in 220
a manner that is visible to members of the public from any 221
street, sidewalk, park, or other public place. A business or 222
food establishment permitted to sell hemp extract may not use a 223
trade name, a logo, or advertising that contains wording or 224
images that are attractive to children; that implies that such 225
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 10 of 15
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
products confer health or medical benefits that are 226
unsubstantiated; or that suggests that the business or food 227
establishment is affilia ted with a medical office or other 228
health care facility. Advertising may not use the terms "THC" or 229
"medical card" or similar terms. 230
2. Shall keep records pertaining to lab testing results 231
and the suppliers of hemp extract products for a minimum of 3 232
years and shall have procedures in place to effect a recall of 233
any hemp extract later determined to be unsafe for human 234
consumption. 235
3. Shall store all such products out of reach of 236
customers, either in a controlled area accessible only to 237
employees or in a locked display case excluding hemp -infused 238
beverages. 239
(c) Hemp extract distributed or sold in this state is 240
subject to the applicable requirements of chapter 500, chapter 241
502, or chapter 580. 242
(d) Products that are intended for human ingestion or 243
inhalation and that contain hemp extract, including, but not 244
limited to, THC-infused beverages, snuff, chewing gum, and other 245
smokeless products, may not be sold in this state to a person 246
who is under 21 years of age. A person who violates this 247
paragraph commits a misdemeanor of the second degree, punishable 248
as provided in s. 775.082 or s. 775.083. A person who commits a 249
second or subsequent violation of this paragraph within 1 year 250
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 11 of 15
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
after the initial vi olation commits a misdemeanor of the first 251
degree, punishable as provided in s. 775.082 or s. 775.083. 252
(e) Hemp extract possessed, manufactured, delivered, held, 253
offered for sale, distributed, or sold in violation of this 254
subsection by an entity regulate d under chapter 500 is subject 255
to s. 500.172 and penalties as provided in s. 500.121. Hemp 256
extract products found to be mislabeled or attractive to 257
children are subject to an immediate stop -sale order. The 258
department may not grant permission to remove or u se, except for 259
disposal, hemp extract products subject to a stop -sale order 260
which are attractive to children until the department has 261
determined that the hemp extract products comply with state law. 262
(f)1. An event organizer may not promote, advertise, or 263
facilitate an event where: 264
a. Hemp extract products that do not comply with general 265
law, including hemp extract products that are not from an 266
approved source as provided in sub -subparagraph (a)2., are sold 267
or marketed; or 268
b. Hemp extract products are sold or marketed by 269
businesses that are not properly permitted as required by this 270
section and chapter 500. 271
2. Before an event where hemp extract products are sold or 272
marketed, an event organizer must provide to the department a 273
list of the businesses se lling or marketing hemp extract 274
products at the event and verify that each business is selling 275
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 12 of 15
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
hemp products only from an approved source. The event organizer 276
must ensure that each participating business is properly 277
permitted as required by this section an d chapter 500. 278
3. A person who violates this paragraph is subject to an 279
administrative fine in the Class III category under s. 570.971 280
for each violation. 281
(8) TESTING.— 282
(a) Hemp extract must be tested using a certified 283
marijuana testing laboratory be fore it may be sold in this 284
state. Test results must be verified and signed by two 285
laboratory employees. The certified marijuana testing laboratory 286
must determine whether the test results indicate that the 287
product meets the definition of hemp and hemp extr act, the 288
labeling of the concentration of tetrahydrocannabinol and 289
cannabidiol is accurate, and the product is free from 290
contaminants that are unsafe for human consumption. 291
(b) The department shall create procedures for the 292
treatment of hemp extract that fails to meet the testing 293
requirements of this section or department rule. 294
(c) The department may select and test samples of hemp 295
extract from a retail store, hemp distributor, or hemp 296
cultivator to determine whether the product meets the 297
requirements of this section, is safe for human consumption, and 298
is accurately labeled. 299
(d) A retail store must recall hemp extract that fails to 300
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 13 of 15
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
meet the requirements of this section, is unsafe for human 301
consumption, or is mislabeled. 302
(e) The independent testing la boratory must retain records 303
of all testing and samples of each batch of hemp extract for 9 304
months. 305
(9) SALE OF THC-INFUSED BEVERAGES.— 306
(a) It is unlawful to sell, at retail, THC -infused 307
beverages at a location other than premises licensed to sell 308
alcoholic beverages under s. 565.02(1)(a) -(g). THC-infused 309
beverages may not contain alcoholic beverages or intoxicating 310
beverages as defined in s. 561.01(4) and (5), respectively. 311
(b) THC-infused beverages may only be distributed in this 312
state by a distributor licensed under the Beverage law, as 313
described in s. 561.14(2). A distributor of THC -infused 314
beverages may not: 315
1. Assist any retail vendor by any gift or loan of money 316
or property of any description, including equipment, fixtures, 317
or furnishings. 318
2. Sell or provide THC -infused beverages to a retail 319
vendor who does not hold an active permit required under 320
paragraph (7)(b). 321
3. Make consignment sales to retail vendors of THC -infused 322
beverages, including any right of return or exchange because the 323
product is over-stocked or slow-moving. 324
4. Give a retailer of THC -infused beverages anything of 325
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 14 of 15
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
value to promote THC -infused beverages, or to provide shelf 326
space or floor space to stock or promote THC -infused beverages. 327
(c) A retail vendor of THC -infused beverages may not 328
purchase or otherwise obtain such beverages from a person not 329
licensed as a distributor licensed under the Beverage Law as 330
described in s. 561.14(2). 331
(d) A retail vendor of THC -infused beverages may not 332
attempt to return or exchange to a distributor any THC -infused 333
beverage because the product is over -stocked or slow-moving. 334
(e) A person regulated under the Beverage Law who 335
possesses, delivers, holds, offers for sale, or distributes THC -336
infused beverages is subject to discipline un der s. 561.29, and 337
such beverages are subject to s. 500.172. A person who violates 338
this subsection is subject to an administrative fine in the 339
Class III category under s. 570.971 for each violation. 340
(15)(13) APPLICABILITY.—Notwithstanding any other law: 341
(c) A licensee who negligently violates this section or 342
department rules is not subject to any criminal or civil 343
enforcement action by the state or a local government other than 344
the enforcement of violations of this section as authorized 345
under subsection (12) (10). 346
Section 3. For the 2025-2026 fiscal year, the sum of $2 347
million in nonrecurring funds is appropriated from the General 348
Revenue Fund to the Department of Law Enforcement for the 349
purchase of testing equipment necessary to implement this act. 350
HB 1597 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1597-00
Page 15 of 15
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 4. For the purpose of incorporating the amendment 351
made by this act to section 581.217, Florida Statutes, in a 352
reference thereto, paragraph (n) of subsection (1) of section 353
500.03, Florida Statutes, is reenacted to read: 354
500.03 Definitions; co nstruction; applicability. — 355
(1) For the purpose of this chapter, the term: 356
(n) "Food" includes: 357
1. Articles used for food or drink for human consumption; 358
2. Chewing gum; 359
3. Articles used for components of any such article; 360
4. Articles for which health claims are made, which claims 361
are approved by the Secretary of the United States Department of 362
Health and Human Services and which claims are made in 363
accordance with s. 343(r) of the federal act, and which are not 364
considered drugs solely because th eir labels or labeling contain 365
health claims; 366
5. Dietary supplements as defined in 21 U.S.C. s. 367
321(ff)(1) and (2); and 368
6. Hemp extract as defined in s. 581.217. 369
370
The term includes any raw, cooked, or processed edible 371
substance; ice; any beverage; or a ny ingredient used, intended 372
for use, or sold for human consumption. 373
Section 5. This act shall take effect October 1, 2025. 374