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A bill to be entitled 1
An act relating to hemp consumable THC products; 2
amending s. 500.03, F.S.; revising the definition of 3
the term "food"; amending s. 581.217, F.S.; revising 4
and providing definitions; providing for the 5
distribution and retail sale of hemp consumable THC 6
products; authorizing the Department of Agriculture 7
and Consumer Services to adopt rules; providing 8
penalties; providing for the certification of 9
independent laboratories by the department; 10
authorizing the department to take certain actions 11
against licensees and permittees; creating s. 581.218, 12
F.S.; providing definitions; providing for mail order, 13
Internet, and remote sales of hemp consumable THC 14
products; providing penalties; authorizing certain 15
legal actions; creating s. 581.219, F.S.; providing 16
for the seizure and destruction of contraband hemp 17
consumable THC products; creating s. 581.220, F.S.; 18
prohibiting the ingestion of hemp consumable THC 19
products near school properties; providing exceptions; 20
providing penalties; amending ss. 565.04 and 565.045, 21
F.S.; authorizing specified businesses to sell hemp 22
consumable THC products; amending ss. 569.006 and 23
569.35, F.S.; conforming provisions to changes made by 24
the act; providing an effective date. 25
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Paragraph (n) of subsection (1) of section 29
500.03, Florida Statutes, is amended to read: 30
500.03 Definitions; construction; applicability. — 31
(1) For the purpose of this chapter, the term: 32
(n) "Food" includes: 33
1. Articles used for food or drink for human consumption; 34
2. Chewing gum; 35
3. Articles used for components of any such article; 36
4. Articles for which health claims are made, which clai ms 37
are approved by the Secretary of the United States Department of 38
Health and Human Services and which claims are made in 39
accordance with s. 343(r) of the federal act, and which are not 40
considered drugs solely because their labels or labeling contain 41
health claims; 42
5. Dietary supplements as defined in 21 U.S.C. s. 43
321(ff)(1) and (2); and 44
6. Hemp consumable THC products extract as defined in s. 45
581.217(3) s. 581.217. 46
47
The term includes any raw, cooked, or processed edible 48
substance; ice; any beverage; o r any ingredient used, intended 49
for use, or sold for human consumption. 50
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Section 2. Subsections (10) through (13) of section 51
581.217, Florida Statutes, are renumbered as subsections (11) 52
through (14), respectively, subsections (3) and (7) and present 53
subsections (10), (12), and (13) are amended, and a new 54
subsection (10) is added to that section, to read: 55
581.217 State hemp program. — 56
(3) DEFINITIONS.—As used in this section, the term: 57
(a) "Attractive to children" means manufactured in the 58
shape of or packaged in containers or packages displaying 59
humans, cartoons, or animals, toys, or other similar features 60
that target children ; manufactured in a form or packaged in a 61
container or package that bears any reasonable resemblance to an 62
existing candy or snack product that is familiar to the public ; 63
manufactured in a form or packaged in a container or package 64
that bears any reasonable resemblance to a as a widely 65
distributed, branded food product such that the a product could 66
be mistaken for the branded food product, especially by 67
children; or containing any color additives . 68
(b) "Certifying agency" has the same meaning as in s. 69
578.011(8). 70
(c) "Cigarette" means any roll for smoking that contains 71
any hemp consumable THC products. 72
(d) "Consumer" means the end user of a hemp consumable THC 73
product who is a person in this state who comes into possession 74
of any hemp consumable THC products and who, at the time of 75
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possession, does not intend to sell or distribute the hemp 76
consumable THC products or is not a retailer. 77
(e)(c) "Contaminants unsafe for human consumption" 78
includes, but is not limited to, any microbe, fungus, yeast, 79
mildew, herbicide, pesticide, fungicide, residual solvent, 80
metal, or other contaminant found in any amount that exceeds any 81
of the accepted limitations as determined by rules adopted by 82
the Department of Health in accordance with s. 381.986, or other 83
limitation pursuant to the laws of this state, whichever amount 84
is less. 85
(f)(d) "Cultivate" means planting, watering, growing, or 86
harvesting hemp. 87
(g)(e) "Hemp" means the plant Cannabis sativa L. and any 88
part of that plant, including the seeds thereof, and all 89
derivatives, extracts, cannabinoids, isomers, acids, salts, and 90
salts of isomers thereof, whether growing or not, that has a 91
total delta-9-tetrahydrocannabinol concentration that does not 92
exceed 0.3 percent on a dry -weight basis, with the exception of 93
hemp consumable THC products extract, which may not exceed 0.3 94
percent total delta-9-tetrahydrocannabinol on a wet -weight 95
basis. 96
(h) "Hemp consumable THC product" means a substance or 97
compound intended for ingestion or inhalation, containing more 98
than trace amounts of a cannabinoid which is derived from, 99
consists of, or contains hemp or psychotropic cannabinoids. A 100
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hemp consumable THC product may not contain controlled 101
substances listed in s. 893.03. The term does not include 102
synthetic cannabidiol or seeds or seed -derived ingredients that 103
are generally recognized as safe by the United States Food and 104
Drug Administration or marijuana used for medical purposes under 105
s. 381.986. 106
(f) "Hemp extract" means a substance or compound intended 107
for ingestion, containing more than trace amounts of a 108
cannabinoid, or for inhalation which is derived from or contains 109
hemp and which does not contain controlled substances. The term 110
does not include synthetic cannabidiol or seeds or seed -derived 111
ingredients that are generally recognized as safe by the United 112
States Food and Drug Administration. 113
(i)(g) "Independent testing laboratory" means a laborato ry 114
that: 115
1. Does not have a direct or indirect interest in the 116
entity whose product is being tested; 117
2. Does not have a direct or indirect interest in a 118
facility that cultivates, processes, distributes, dispenses, or 119
sells hemp or hemp consumable THC products extract in the state 120
or in another jurisdiction or cultivates, processes, 121
distributes, dispenses, or sells marijuana, as defined in s. 122
381.986; and 123
3. Is certified by the Department of Health as a medical 124
marijuana testing laboratory pursuant to s. 381.988 or is 125
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certified by the department pursuant to subsection (10) as being 126
substantially equivalent to a medical marijuana testing 127
laboratory accredited by a third -party accrediting body as a 128
competent testing laboratory pursuant to ISO/IEC 17025 of the 129
International Organization for Standardization . 130
(j) "Inhalable" means any hemp consumable THC product 131
consumed through the mouth or nasal passages into the 132
respiratory system, including cigarettes, vapor or aerosol 133
produced from vapor-generated electronic devices, and hemp 134
flower. 135
(k) "Logo" means a design, image, phrase, symbol, or 136
trademark used by an entity to identify or advertise its 137
products. 138
(l) "Manufacturer" means any person or entity that engages 139
in the process of manufacturing, prepari ng, or packaging hemp 140
consumable THC products. The term also includes any person or 141
entity involved in hemp extraction. 142
(m) "Nonpsychotropic cannabinoid" means any cannabinoid, 143
including synthetic cannabinoids, that does not cause a 144
psychotropic effect w hen ingested or inhaled. The term includes 145
cannabidiol and any other cannabinoid defined as nonpsychotropic 146
by department rule. 147
(n) "Psychotropic cannabinoid" means any cannabinoid, 148
including synthetic cannabinoids, that causes or may cause a 149
psychotropic effect when ingested or inhaled. The term includes 150
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delta-8-tetrahydrocannabinol, delta -10-tetrahydrocannabinol, 151
hexahydrocannabinol, tetrahydrocannabinol acetate, 152
tetrahydrocannabiphorol, tetrahydrocannabivarin, and any other 153
cannabinoid defined as psych otropic by department rule. 154
(o) "Retailer" means any person or entity that sells hemp 155
consumable THC products to consumers. 156
(p) "Synthetic cannabinoid" means any cannabinoid created 157
by any process, other than a direct derivative from hemp and 158
without further reacting with other chemicals to increase the 159
concentration of a present cannabinoid or to create a new or 160
different cannabinoid not originally found in the extract or 161
hemp plant. 162
(q) "Vapor-generating electronic device" means any device 163
or product that employs an electronic, chemical, or mechanical 164
means of producing vapor or aerosol from a hemp consumable THC 165
product or any other substance, including, but not limited to, 166
an electronic cigarette, electronic cigar, electronic cigarillo, 167
electronic pipe, or other similar device or product; any 168
replacement cartridge for such device or product; and any other 169
container of a solution or other substance intended to be used 170
with or within such device or product. 171
(r) "Wholesaler" means any person or entit y located within 172
or outside this state which delivers or sells hemp consumable 173
THC products to retailers or other persons for purposes of 174
resale. 175
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(7) DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC 176
PRODUCTS EXTRACT.— 177
(a) Hemp consumable THC product s extract may only be 178
distributed and sold in the state if the product in its final 179
form for sale at retail : 180
1. Has a certificate of analysis prepared by an 181
independent testing laboratory that states all of the following : 182
a. The hemp consumable THC product in its final form for 183
sale at retail was extract is the product of a batch tested by 184
the independent testing laboratory .; 185
b. The product in its final form for sale at retail batch 186
contained a total delta -9-tetrahydrocannabinol concentration 187
that did not exceed 0.3 percent pursuant to the testing of a 188
random sample of the product in its final form for sale at 189
retail. batch; 190
c. The product in its final form for sale at retail 191
contained hemp and psychotropic cannabinoids that did not exceed 192
the limitations in paragraph (b). 193
d.c. The product in its final form for sale at retail 194
batch does not contain contaminants unsafe for human 195
consumption.; and 196
e. The product in its final form for sale at retail was 197
tested for and shows the results for each of the following as 198
provided by department rule: 199
(I) Cannabinoids. 200
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(II) Heavy metals. 201
(III) Mycotoxins. 202
(IV) Pesticides. 203
(V) Residual solvents. 204
(VI) Any other controlled substance listed in s. 893.03. 205
f.d. The product in its final form for sale at retail 206
batch was processed in a facility that holds a current and valid 207
permit issued by a human health or food safety regulatory entity 208
with authority over the facility, and that facil ity meets the 209
human health or food safety sanitization requirements of the 210
regulatory entity. Such compliance must be documented by a 211
report from the regulatory entity confirming that the facility 212
meets such requirements. 213
g. The entity that hired the ind ependent testing agency to 214
test the hemp consumable THC product in its final form for sale 215
at retail. Manufacturers, wholesalers, and retailers are 216
required to have their hemp consumable THC products tested by an 217
independent testing laboratory in complianc e with this 218
paragraph. A wholesaler or retailer is not required to have its 219
hemp consumable THC products tested if the product: 220
(I) Is packaged in a manner that may be sold to the 221
consumer when the wholesaler or retailer receives the product 222
from the manufacturer or wholesaler; 223
(II) Was tested in accordance with this paragraph by the 224
manufacturer or wholesaler; and 225
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(III) Has not been opened by the wholesaler or retailer. 226
2. Is distributed or sold in a container and package that 227
includes: 228
a. A scannable barcode or quick response code linked to 229
the certificate of analysis of the hemp consumable THC product 230
extract batch by an independent testing laboratory; 231
b. The hemp consumable THC product batch number; 232
c. The Internet address of a we bsite where hemp consumable 233
THC product batch information may be obtained; 234
d. The expiration date of the hemp consumable THC product ; 235
and 236
e. The total number of milligrams of cannabinoids in the 237
container and package and the number of milligrams of 238
cannabinoids each marketed cannabinoid per serving in a clear 239
and conspicuous manner . 240
f. The toll-free telephone number for the national Poison 241
Help line. 242
3. Is distributed or sold in a container and package that: 243
a. Is suitable to contain products for human consumption; 244
b. Is composed of materials designed to minimize exposure 245
to light; 246
c. Mitigates exposure to high temperatures; 247
d. Is a single color and not transparent. However, the 248
universal symbol, scannable barcode, quick response code, and 249
any text must be a different color than the container and 250
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package, and any text must be in black or white. This sub -251
subparagraph does not apply to beverage containers and packages; 252
e. Does not contain any pictures or images other than a 253
single logo. The logo may not be attractive to children and may 254
not cover more than 20 percent of the container or package. This 255
sub-subparagraph does not apply to beverage containers and 256
packages. However, beverage containers and packages may not 257
contain a logo that is attr active to children; 258
f. Does not contain any text, pictures, or images that 259
directly or indirectly markets the product as causing or may 260
cause an intoxicating or psychotropic effect. This sub -261
subparagraph does not apply to the warning and symbol 262
requirements provided in sub-subparagraphs g. and h.; 263
g. Contains a clear and conspicuous warning on the front 264
of the package and container which is developed by the 265
department and states the product contains cannabinoids. The 266
warning is not required for hemp consumable THC products that 267
only contain nonpsychotropic cannabinoids; 268
h. Contains a hemp consumable THC product universal symbol 269
as provided in ASTM D8441/D8441M -22; 270
i.d. Is not attractive to children; and 271
j.e. Is compliant with the United States P oison Prevention 272
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 273
regard to provided exemptions. However, for purposes of this 274
sub-subparagraph, a beverage in a sealed container is considered 275
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compliant. 276
(b) Hemp consumable THC products may only be sold at 277
retail in the following consumable forms and subject to the 278
following limitations: 279
1. Beverages, which may not: 280
a. Contain a ratio of more than 5 milligrams of hemp and 281
psychotropic cannabinoids per 6 fluid ounces. 282
b. Be in a container th at holds more than 10 milligrams of 283
hemp and psychotropic cannabinoids. 284
c. Be in a package that contains more than 100 miligrams 285
of hemp and psychotropic cannabinoids. 286
2. Inhalables, which may not: 287
a. Contain a ratio of more than 2.5 milligrams of he mp and 288
psychotropic cannabinoids per gram. 289
b. Contain more than 5 milligrams of hemp and psychotropic 290
cannabinoids per inhalable. 291
c. Be in a package that contains more than 100 miligrams 292
of hemp and psychotropic cannabinoids. 293
3. Edibles, which may no t: 294
a. Contain a ratio of more than 2.5 milligrams of hemp and 295
psychotropic cannabinoids per gram. 296
b. Contain more than 5 milligrams of hemp and psychotropic 297
cannabinoids per edible. 298
c. Be in a package that contains more than one 100 299
milligrams of hemp and psychotropic cannabinoids. 300
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301
This paragraph does not apply to nonpsychotropic cannabinoids. 302
(c) The retail sale and delivery of hemp consumable THC 303
products for off premises consumption is prohibited, except: 304
1. At establishments that have a food permit from the 305
department and prohibit the presence of persons under 21 years 306
of age on the establishment's premises; 307
2. At establishments that have a food permit from the 308
department and have a quota license issued under s. 309
565.02(1)(a)-(f). Establishments with a quota license issued 310
under s. 565.02(1)(a) -(f) that allow the presence of persons 311
under 21 years of age on the establishment's premises must place 312
hemp consumable THC products, not including beverages, in an 313
area inaccessible to customers. Such establishments may place 314
hemp consumable THC products, not including beverages, in an 315
open display unit as long as the unit is located in an area that 316
is inaccessible to customers; 317
3. At establishments that have a food permit from the 318
department, allow the presence of persons under 21 years of age 319
on the premises, and have a permit or license issued by the 320
Division of Alcoholic Beverages and Tobacco of the Department of 321
Business and Professional Regulation but do not have a quota 322
license issued under s. 5 65.02(1)(a)-(f). Such establishments 323
may only sell hemp consumable THC beverages, which must be in an 324
area inaccessible to customers. Such establishments may place 325
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hemp consumable THC beverages in an open display unit as long as 326
the unit is located in an a rea that is inaccessible to 327
customers; or 328
4. In accordance with the mail order, Internet, and remote 329
sales of hemp consumable THC products requirements in s. 330
581.218. 331
(d) Hemp consumable THC products may not be sold, given, 332
bartered, furnished, or deli vered to consumers at wholesale. 333
Hemp consumable THC products may not be sold, given, bartered, 334
furnished, or delivered to consumers at festivals, fairs, trade 335
shows, farmers' markets, expositions, or pop -up retail 336
establishments unless the festival, fair, trade show, farmers' 337
market, exposition, or pop -up retail establishment prohibits 338
persons under 21 years of age from attending and every retailer 339
selling hemp consumable THC products at the festival, fair, 340
trade show, farmers' market, exposition, or pop -up retail 341
establishment has a food permit from the department. 342
(e) The sale or delivery of hemp consumable THC products 343
for consumption on a retailer's premises is prohibited. If a 344
retailer discovers a consumer is consuming hemp consumable THC 345
products on the retailer's premises, the retailer must 346
immediately notify the consumer to immediately leave the 347
retailer's premises. 348
(f)(b) Hemp consumable THC products extract may only be 349
sold to a business in this state if that business is properly 350
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permitted as required by this section. 351
(g)(c) Hemp consumable THC products extract distributed or 352
sold in this state are is subject to the applicable requirements 353
of chapter 500, chapter 502, or chapter 580. 354
(h) A person or entity may not sell, deliver, barter, 355
give, or furnish hemp consumable THC products that total more 356
than 100 milligrams of hemp and psychotropic cannabinoids to a 357
person in a 24-hour period unless the person receiving the hemp 358
consumable THC products is receiving the products on behalf of a 359
cultivator, manufacturer, wholesaler, or retailer for resale. 360
There is a rebuttable presumption that a person or entity 361
complied with this paragraph if the person receiving the hemp 362
consumable THC products affirms in writing or electronically 363
that by receiving such products he or she will not have received 364
hemp consumable THC products that total more than 100 milligrams 365
of hemp and psychotropic cannabinoids within a 24 -hour period or 366
he or she is receiving the products on behalf of a cultivator, 367
manufacturer, wholesaler, or retailer for resale. This paragraph 368
does not apply to nonpsychotropic cannabinoids. 369
(i)(d) Hemp consumable THC products that are intended for 370
human ingestion or inhalation and that contain hemp extract , 371
including, but not limited to, snuff, chewing gum, and other 372
smokeless products, may not be sold , delivered, bartered, given, 373
or furnished in this state to a person who is under 21 years of 374
age. 375
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(j) For a first violation of this subsection, a person who 376
violates this paragraph commits a misdemeanor of the second 377
degree, punishable as provided in s. 775.082 or s. 775.083. A 378
person who commits a second or subsequent violation of this 379
subsection paragraph within 12 months 1 year after the first 380
initial violation commits a misdemeanor of the firs t degree, 381
punishable as provided in s. 775.082 or s. 775.083. A person who 382
commits a third or subsequent violation within 12 months after 383
the second violation commits a felony of the third degree, 384
punishable as provided in s. 775.082 or s. 775.083. 385
(k)(e) In addition to paragraph (j), hemp consumable THC 386
products extract distributed or sold in violation of this 387
subsection are is subject to s. 500.172 and penalties as 388
provided in s. 500.121. Hemp consumable THC extract products 389
found to be mislabeled or in violation of subsection (7) 390
attractive to children are subject to an immediate stop -sale 391
order. 392
(l) Subparagraph (a)3. and paragraph (b) do not apply to 393
hemp consumable THC products produced in this state that are 394
shipped or transported outside of this state for sale or use 395
outside this state. 396
1. Hemp consumable THC products produced in this state 397
that are shipped or transported outside of this state for sale 398
or use outside of this state: 399
a. May not be sold, shipped, or transported to a consumer 400
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in this state, a retailer's establishment located in this state, 401
or to a person who sells or intends to sell such products to a 402
consumer in this state; 403
b. Must be in a package marked "NOT FOR USE OR RETAIL SALE 404
IN FLORIDA" in a bold font size of at least 36 points; and 405
c. Must be physically separated from hemp consumable THC 406
products that are, or intended to be, sold or used in this 407
state. 408
2. The department may adopt rules to implement this 409
paragraph. 410
(10) CERTIFICATION OF INDEPENDENT LABORATORIES BY TH E 411
DEPARTMENT.— 412
(a) The department shall certify any laboratory located in 413
this state or another state which meets the qualifications of an 414
independent testing laboratory. However, a medical marijuana 415
testing laboratory certified pursuant to s. 381.988 is not 416
required to receive certification by the department. 417
(b) The department shall adopt rules establishing the 418
standards for certification and for the testing and reporting on 419
the certificate of analysis of hemp consumable THC products 420
under this section. The rules for the certification of 421
independent testing laboratories must include, but are not 422
limited to: 423
1. Security standards. 424
2. Minimum standards for personnel. 425
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3. Sample collection method and process standards. 426
4. Proficiency testing for cannabinoid concentration and 427
contaminants unsafe for human consumption, as determined by 428
department rule. 429
5. Reporting content, format, and frequency. 430
6. Audits and onsite inspections. 431
7. Quality assurance. 432
8. Equipment and methodology. 433
9. Chain of custody. 434
10. Any other standard the department deems necessary. 435
(c) The department shall adopt rules establishing a 436
procedure for initial certification and biennial renewal. The 437
department shall renew the certification biennially if the 438
laboratory meets the requirements of this section or any rules 439
adopted under this subsection. 440
(d) The department shall publish on its website a list of 441
all laboratories that have received certification. 442
(e) The department may refuse to issue or renew, or may 443
suspend or revoke, the certification of a laboratory that is 444
found to be in violation of this section or any rules adopted 445
under this subsection. 446
(f) Any laboratory that receives certification under this 447
subsection from the department agrees to random unanno unced 448
audits and onsite inspections by the department or agents 449
thereof. 450
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(11)(10) VIOLATIONS.— 451
(a) A licensee must complete a corrective action plan if 452
the department determines that the licensee has negligently 453
violated this section or department rule s, including 454
negligently: 455
1. Failing to provide the legal land description and 456
global positioning coordinates pursuant to subsection (5); 457
2. Failing to obtain a proper license or other required 458
authorization from the department; or 459
3. Producing Cannabis sativa L. that has a total delta -9-460
tetrahydrocannabinol concentration that exceeds 0.3 percent on a 461
dry-weight basis. 462
(b) The corrective action plan must include: 463
1. A reasonable date by which the licensee must correct 464
the negligent violation; and 465
2. A requirement that the licensee periodically report to 466
the department on compliance with this section and department 467
rules for a period of at least 2 calendar years after the date 468
of the violation. 469
(c) A licensee who negligently violates the co rrective 470
action plan under this subsection three times within 5 years is 471
ineligible to cultivate hemp for 5 years following the date of 472
the third violation. 473
(d) If the department determines that a licensee has 474
violated this section or department rules wi th a culpable mental 475
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state greater than negligence, the department shall immediately 476
report the licensee to the Attorney General and the United 477
States Attorney General. 478
(e) In addition to any other penalties provided by law, 479
the department may take any o f the following actions against any 480
person licensed or permitted by the department for a violation 481
of this section: 482
1. Place on probation or reprimand the licensee or 483
permittee. 484
2. Revoke, suspend, or deny the issuance or renewal of the 485
license or permit. 486
3. Impose an administrative fine not to exceed $5,000 per 487
violation or assess costs associated with investigation and 488
prosecution. 489
(13)(12) RULES.—The department shall adopt rules to 490
administer the state hemp program. The rules must provide for: 491
(a) A procedure that uses post -decarboxylation or other 492
similarly reliable methods for testing the delta -9-493
tetrahydrocannabinol concentration of cultivated hemp. 494
(b) A procedure for the effective disposal of plants, 495
whether growing or not, that are culti vated in violation of this 496
section or department rules, and products derived from those 497
plants. 498
(c) Packaging and labeling requirements that ensure that 499
hemp consumable THC products are not in violation of subsection 500
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(7) extract intended for human ingest ion or inhalation is not 501
attractive to children . 502
(d) Advertising regulations that ensure that hemp 503
consumable THC products extract intended for human ingestion or 504
inhalation are is not marketed or advertised in a manner that 505
specifically targets or is at tractive to children. 506
(14)(13) APPLICABILITY.—Notwithstanding any other law: 507
(a) This section does not authorize a licensee to violate 508
any federal or state law or regulation. 509
(b) This section does not apply to a pilot project 510
developed in accordance with 7 U.S.C. 5940 and s. 1004.4473. 511
(c) A licensee who negligently violates this section or 512
department rules is not subject to any criminal or civil 513
enforcement action by the state or a local government other than 514
the enforcement of violations of this s ection as authorized 515
under subsection (11) (10). 516
Section 3. Section 581.218, Florida Statutes, is created 517
to read: 518
581.218 Mail order, Internet, and remote sales of hemp 519
consumable THC products. — 520
(1) As used in this section, the term: 521
(a) "Consumer" has the same meaning as in s. 581.217(3). 522
(b) "Delivery sale" means any sale of a hemp consumable 523
THC product to a consumer in the state for which: 524
1. The consumer submits the order for the sale by 525
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telephonic or other voice transmission, mail, deli very service, 526
or the Internet or other online service; or 527
2. The hemp consumable THC products are delivered by use 528
of mail or a delivery service. 529
(c) "Delivery service" means any person engaged in the 530
commercial delivery of letters, packages, or other containers. 531
(d) "Hemp consumable THC product" has the same meaning as 532
in s. 581.217(3). 533
(e) "Retailer" has the same meaning as in s. 581.217(3). 534
(f) "Shipping container" means a container in which hemp 535
consumable THC products are shipped in connection with a 536
delivery sale. 537
(g) "Shipping document" means a bill of lading, airbill, 538
United States Postal Service form, or any other document used to 539
verify the undertaking by a delivery service to deliver letters, 540
packages, or other containers. 541
(h) "Wholesaler" has the same meaning as in s. 581.217(3). 542
(2)(a) The sale of hemp consumable THC products 543
constituting a delivery sale under paragraph (1)(b) is a 544
delivery sale regardless of whether the person accepting the 545
order for the delivery sale is located within or outside this 546
state. 547
(b) A person must obtain a food permit from the department 548
under chapter 500 before accepting an order for a delivery sale 549
of hemp consumable THC products. A person outside this state who 550
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engages in delivery sales t o consumers in this state may apply 551
for a food permit from the department under chapter 500, be 552
granted such a permit by the department, and thereafter be 553
subject to all the provisions of this chapter and chapters 500 554
and 502 and be entitled to act as a pe rmitted retailer. 555
(c) A person may not make a delivery sale of hemp 556
consumable THC products to any individual who is not 21 years of 557
age or older. 558
(d) Each person accepting an order for a delivery sale of 559
hemp consumable THC products must comply with a ll of the 560
following: 561
1. The age verification requirements of subsection (3). 562
2. The disclosure requirements of subsection (4). 563
3. The shipping requirements of subsection (5). 564
(3) A person may not mail, ship, or otherwise deliver hemp 565
consumable THC products in connection with an order for a 566
delivery sale unless, before the first delivery to the consumer, 567
the person accepting the order for the delivery sale does all of 568
the following: 569
(a) Obtains from the person submitting the order a 570
certification that includes: 571
1. Reliable confirmation that the person is 21 years of 572
age or older; and 573
2. A statement signed by the person in writing and under 574
penalty of perjury which: 575
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a. Certifies the address and date of birth of the person; 576
and 577
b. Confirms that the person wants to receive delivery 578
sales from a hemp consumable THC product retailer and 579
understands that, under the laws of the state, the following 580
actions are illegal: 581
(I) Signing another person's name to the certification. 582
(II) Selling hemp co nsumable THC products to individuals 583
who are not 21 years of age or older. 584
(III) Purchasing hemp consumable THC products if the 585
person making the purchase is not 21 years of age or older. 586
(b) Makes a good faith effort to verify the information 587
contained in the certification provided by the individual 588
pursuant to paragraph (a) against a commercially available 589
database that may be reasonably relied upon for accurate age 590
information or obtains a photocopy or other image of a valid 591
government-issued identification card stating the date of birth 592
or age of the individual. 593
(c) Provides to the individual, by electronic mail or 594
other means, a notice meeting the requirements of subsection 595
(4). 596
(d) If an order for hemp consumable THC products is made 597
pursuant to an advertisement on the Internet, receives payment 598
for the delivery sale from the consumer by a credit or debit 599
card issued in the name of the consumer, or by personal or 600
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company check of the consumer. 601
(e) Submits, to each credit card acquiring company with 602
which the person has credit card sales, identification 603
information in an appropriate form and format so that the words 604
"Hemp consumable THC product" may be printed in the purchaser's 605
credit card statement when a purchase of hemp consumable THC 606
products is made by credit card payment. 607
608
In addition to the requirements of this subsection, a person 609
accepting an order for a delivery sale of hemp consumable THC 610
products may request that a consumer provide an e -mail address. 611
(4) The notice under paragraph (3)(c) must include 612
prominent and clearly legible statements that sales of hemp 613
consumable THC products are: 614
(a) Illegal if made to individuals who are not 21 years of 615
age or older. 616
(b) Restricted to those individuals who provide verifiable 617
proof of age pursuant to subsection (3). 618
(5) Each person who mails, ships, or otherwise delivers 619
hemp consumable THC products in connection with an order for a 620
delivery sale must: 621
(a) Ship hemp consumable THC products that comply with the 622
limitations on the retail sale of such products in s. 581.217. 623
(b) Ship hemp consumable THC products in a container and 624
package that complies with the container and package 625
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requirements of s. 518.217. 626
(c) Include as part of the shipping documents, in a clear 627
and conspicuous manner, the following statement: "Hemp 628
consumable THC product: Florida law prohibits shipping to 629
individuals under 21 years of age." 630
(d) Use a method of mailing, shipping, or delivery that 631
obligates the delivery service to require proof that the pers on 632
accepting the order for the delivery sale is 21 years of age or 633
older and resides at the address listed on the order label, by 634
reviewing a valid government -issued identification card bearing 635
a photograph of the person who signs to accept delivery of the 636
shipping container. 637
638
If the person accepting a purchase order for a delivery sale 639
delivers the hemp consumable THC products without using a 640
delivery service, the person must comply with all of the 641
requirements of this section which apply to a delivery ser vice. 642
Any failure to comply with a requirement of this section 643
constitutes a violation thereof. 644
(6) This section does not apply to delivery sales of hemp 645
consumable THC products to a retailer or wholesaler. 646
(7) An individual who is 21 years of age or o lder who 647
knowingly violates any provision of this section commits a 648
misdemeanor of the second degree, punishable as provided in s. 649
775.082 or s. 775.083. 650
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(8) The Attorney General, the Attorney General's designee, 651
or a state attorney may bring an action i n the appropriate court 652
in the state to prevent or restrain violations of this section 653
by any person. 654
Section 4. Section 581.219, Florida Statutes, is created 655
to read: 656
581.219 Seizure and destruction of contraband hemp 657
consumable THC products. —All hemp consumable THC products, as 658
defined in s. 581.217(3), sold, offered for sale, delivered, or 659
distributed contrary to any provision of ss. 581.217 and 581.218 660
are declared to be contraband, are subject to seizure and 661
confiscation under the Florida Contrab and Forfeiture Act by any 662
person whose duty it is to enforce those sections, and must be 663
disposed of as follows: 664
(1) A court having jurisdiction shall order the hemp 665
consumable THC products forfeited upon a showing that, by a 666
preponderance of the evidenc e, the products were sold, offered 667
for sale, delivered, or distributed contrary to any provision of 668
ss. 581.217 and 581.218. Upon completion of any chapter 120 669
proceedings related to the seized hemp consumable THC products, 670
the court shall order the produc ts destroyed except as provided 671
by applicable court orders. The officer who destroys the 672
products shall keep a record of the location where the products 673
were seized, the kinds and quantities of the products destroyed, 674
and the time, place, and manner of the destruction of the 675
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products and shall make a return under oath reporting such 676
destruction. 677
(2) The department or seizing law enforcement agency shall 678
keep a full and complete record of all products seized under 679
this section showing: 680
(a) The exact kinds, quantities, and forms of the 681
products. 682
(b) The persons from whom the products were seized and to 683
whom they were delivered. 684
(c) By whose authority the products were seized, 685
delivered, and destroyed. 686
(d) The dates of the seizure, disposal, and destr uction of 687
the products. 688
689
Records under this subsection must be open to inspection by all 690
persons charged with the enforcement of ss. 581.217 and 581.218. 691
(3) The cost of seizure, confiscation, and destruction of 692
contraband hemp consumable THC products is borne by the person 693
from whom the products are seized. 694
(4) Except as otherwise provided in this section, the 695
procedures of the Florida Contraband Forfeiture Act apply to 696
this section. 697
Section 5. Section 581.220, Florida Statutes, is created 698
to read: 699
581.220 Ingesting hemp consumable THC products prohibited 700
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near school property. — 701
(1) A person may not ingest hemp consumable THC products, 702
as defined in s. 581.217(3), in, on, or within 1,000 feet of the 703
real property comprising a public or private el ementary, middle, 704
or secondary school between the hours of 6 a.m. and midnight. 705
This section does not apply to a person who is in a moving 706
vehicle or within a private residence. 707
(2) A law enforcement officer may issue a citation in such 708
form as prescribed by a county or municipality to any person who 709
violates this section. The citation must contain all of the 710
following: 711
(a) The date and time of issuance. 712
(b) The name and address of the person cited. 713
(c) The date and time the civil infraction was com mitted. 714
(d) The statute violated. 715
(e) The facts constituting the violation. 716
(f) The name and authority of the law enforcement officer. 717
(g) The procedure for the person to follow to pay the 718
civil penalty, to contest the citation, or to appear in court. 719
(h) The applicable civil penalty if the person elects not 720
to contest the citation. 721
(3) Any person issued a citation pursuant to this section 722
is charged with a civil infraction, punishable by a civil 723
penalty of up to $25, 50 hours of community se rvice, or, where 724
available, successful completion of a school -approved, anti-725
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drug, alternative-to-suspension program. 726
(4) Any person who fails to comply with the directions on 727
the citation waives his or her right to contest the citation, 728
and an order to show cause may be issued by the court. 729
Section 6. Subsection (1) of section 565.04, Florida 730
Statutes, is amended to read: 731
565.04 Package store restrictions. — 732
(1) Vendors licensed under s. 565.02(1)(a) shall not in 733
said place of business sell, offer , or expose for sale any 734
merchandise other than such beverages, and such places of 735
business shall be devoted exclusively to such sales; provided, 736
however, that such vendors shall be permitted to sell bitters; 737
grenadine; nonalcoholic mixer -type beverages, not to include 738
fruit juices produced outside this state; fruit juices produced 739
in this state; home bar and party supplies and equipment, 740
including but not limited to glassware and party -type foods; 741
miniatures of no alcoholic content; nicotine products; and 742
tobacco products. Such places of business may not shall have no 743
openings permitting direct access to any other building or room, 744
except to a private office or storage room of the place of 745
business from which patrons are excluded. Vendors licensed under 746
s. 565.02(1)(a) may sell hemp consumable THC products for off -747
premises consumption in accordance with ss. 581.217 and 581.218. 748
Section 7. Paragraph (a) of subsection (2) of section 749
565.045, Florida Statutes, is amended to read: 750
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565.045 Regulations for c onsumption on premises; penalty; 751
exemptions.— 752
(2)(a) There may shall not be sold at such places of 753
business anything other than the beverages permitted, home bar 754
and party supplies and equipment (including , but not limited to, 755
glassware and party-type foods), cigarettes, hemp consumable THC 756
products for off-premises consumption in accordance with ss. 757
581.217 and 581.218, and what is customarily sold in a 758
restaurant. 759
Section 8. Section 569.006, Florida Statutes, is amended 760
to read: 761
569.006 Retail tobacco products dealers; administrative 762
penalties.—The division may suspend or revoke the permit of the 763
dealer upon sufficient cause appearing of the violation of any 764
of the provisions of s. 581.217, s. 581.218, or this chapter, 765
including part II of this cha pter if the dealer deals, at 766
retail, in nicotine products within the state or allows a 767
nicotine products vending machine to be located on its premises 768
within the state, by a dealer or by a dealer's agent or 769
employee. The division may also assess and accept administrative 770
fines of up to $1,000 against a dealer for each violation. The 771
division shall deposit all fines collected into the General 772
Revenue Fund as collected. An order imposing an administrative 773
fine becomes effective 15 days after the date of the o rder. The 774
division may suspend the imposition of a penalty against a 775
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dealer, conditioned upon the dealer's compliance with terms the 776
division considers appropriate. 777
Section 9. Section 569.35, Florida Statutes, is amended to 778
read: 779
569.35 Retail nicoti ne product dealers; administrative 780
penalties.—The division may suspend or revoke the permit of a 781
dealer, including the retail tobacco products dealer permit of a 782
retail tobacco products dealer as defined in s. 569.002(4), upon 783
sufficient cause appearing of the violation of any of the 784
provisions of s. 581.217, s. 581.218, or this part, by a dealer, 785
or by a dealer's agent or employee. The division may also assess 786
and accept an administrative fine of up to $1,000 against a 787
dealer for each violation. The divisi on shall deposit all fines 788
collected into the General Revenue Fund as collected. An order 789
imposing an administrative fine becomes effective 15 days after 790
the date of the order. The division may suspend the imposition 791
of a penalty against a dealer, conditio ned upon the dealer's 792
compliance with terms the division considers appropriate. 793
Section 10. This act shall take effect January 1, 2026. 794