Florida Senate - 2025 SB 438 By Senator Burton 12-00477B-25 2025438__ 1 A bill to be entitled 2 An act relating to food and hemp products; amending s. 3 381.988, F.S.; providing that a marijuana testing 4 laboratory may acquire hemp and hemp extract only from 5 certain businesses; prohibiting a marijuana testing 6 laboratory from selling, distributing, or transferring 7 hemp or hemp extract from certain businesses; 8 requiring a marijuana testing laboratory to separate 9 marijuana received from certain entities from hemp or 10 hemp extract received from certain entities; amending 11 s. 581.217, F.S.; revising legislative findings; 12 revising definitions; defining terms; revising 13 requirements for the sale and distribution of hemp 14 extract; deleting provisions related to the 15 distribution and sale of hemp extract; providing an 16 exception; prohibiting unpermitted business sales, 17 street sales, or festival sales of hemp extract; 18 prohibiting businesses and food establishments from 19 possessing hemp extract products that are attractive 20 to children; prohibiting a business permitted to sell 21 hemp or hemp extract from being located in certain 22 areas; providing requirements for businesses permitted 23 to sell hemp or hemp extract; including THC-infused 24 beverages in the list of products prohibited for sale 25 to a person under 21 years of age; providing a penalty 26 for hemp extract possessed, manufactured, delivered, 27 held, offered for sale, distributed, or sold by 28 certain entities in violation of specified provisions; 29 prohibiting the Department of Agriculture and Consumer 30 Services from granting permission to remove or use 31 certain hemp extract products until it has determined 32 that such hemp extract products comply with state law; 33 prohibiting event organizers from promoting, 34 advertising, or facilitating certain events; requiring 35 organizers of certain events to provide a list of 36 certain vendors to the department, verify that such 37 vendors are selling hemp products only from approved 38 sources, and ensure that such vendors are properly 39 permitted; providing for administrative fines; 40 requiring that hemp extract be tested in a certified 41 marijuana testing laboratory before it may be sold in 42 this state; providing construction; requiring the 43 department to create procedures for the testing of 44 hemp extract that fails to meet specified 45 requirements; authorizing the department to select and 46 test samples of hemp extract from a retail store, hemp 47 distributor, or hemp cultivator for certain purposes; 48 requiring retail stores to recall hemp extract that 49 fails to meet specified requirements; requiring that 50 an independent testing laboratory retain records of 51 all tested and sampled hemp extract for a specified 52 timeframe; prohibiting the retail sale of THC-infused 53 beverages at certain locations; prohibiting THC 54 infused beverages from containing alcoholic or 55 intoxicating beverages; providing that THC-infused 56 beverages may be distributed only by certain 57 distributors; prohibiting distributors of THC-infused 58 beverages from taking certain actions; prohibiting a 59 retail vendor of THC-infused beverages from purchasing 60 or obtaining such beverages from a person not licensed 61 as a distributor; prohibiting a retail vendor of THC 62 infused beverages from attempting to return or 63 exchange a THC-infused beverage under certain 64 circumstances; providing for administrative fines; 65 providing an appropriation; reenacting s. 66 500.03(1)(n), F.S., relating to definitions, to 67 incorporate the amendment made to s. 581.217, F.S., in 68 references thereto; providing an effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1.Subsection (4) of section 381.988, Florida 73 Statutes, is amended to read: 74 381.988Medical marijuana testing laboratories; marijuana 75 tests conducted by a certified laboratory. 76 (4)A marijuana testing laboratory may acquire marijuana 77 only from a medical marijuana treatment center and may acquire 78 hemp and hemp extract only from a business that is licensed or 79 permitted under s. 581.217. A marijuana testing laboratory is 80 prohibited from selling, distributing, or transferring marijuana 81 received from a marijuana treatment center, or hemp or hemp 82 extract received from a business licensed or permitted under s. 83 581.217, except that a marijuana testing laboratory may transfer 84 a sample to another marijuana testing laboratory in this state. 85 A marijuana test laboratory must keep marijuana received from a 86 medical marijuana treatment center separated from hemp or hemp 87 extract received from a business that is licensed or permitted 88 under s. 581.217. 89 Section 2.Present subsections (8) through (13) of section 90 581.217, Florida Statutes, are redesignated as subsections (10) 91 through (15), respectively, present paragraphs (b) through (f) 92 of subsection (3) are redesignated as paragraphs (c) through 93 (g), respectively, new subsections (8) and (9) are added to that 94 section, new paragraphs (b) and (i) are added to subsection (3) 95 of that section, and paragraph (b) of subsection (2), present 96 paragraphs (a), (e), (f), and (g) of subsection (3), subsection 97 (7), and paragraph (c) of present subsection (13) of that 98 section are amended to read: 99 581.217State hemp program. 100 (2)LEGISLATIVE FINDINGS.The Legislature finds that: 101 (b)Hemp and hemp extract Hemp-derived cannabinoids, 102 including, but not limited to, cannabidiol, are not controlled 103 substances or adulterants if they are in compliance with this 104 section. 105 (3)DEFINITIONS.As used in this section, the term: 106 (a)Attractive to children means manufactured in the 107 shape of or packaged in containers displaying humans, cartoons, 108 or animals, toys, or other features that target children; 109 manufactured in a form or packaged in a container that bears any 110 reasonable resemblance to an existing candy or snack product 111 that is familiar to the public; manufactured in a form or 112 packaged in a container that bears any reasonable resemblance to 113 a as a widely distributed, branded food product such that the a 114 product could be mistaken for the branded food product, 115 especially by children; or containing any color additives. 116 (b)Certified marijuana testing laboratory means a 117 laboratory that is certified by the Department of Health 118 pursuant to s. 381.988. 119 (f)(e)Hemp means the plant Cannabis sativa L. and any 120 part of that plant, including the seeds thereof, and all 121 derivatives, extracts, cannabinoids, isomers, acids, salts, and 122 salts of isomers thereof, whether growing or not, that has a 123 total delta-9-tetrahydrocannabinol concentration that does not 124 exceed 0.3 percent on a dry-weight basis, with the exception of 125 hemp extract, which may not exceed 0.3 percent total delta-9 126 tetrahydrocannabinol concentration on a wet-weight basis or 127 which does not exceed 5 milligrams per serving and 50 milligrams 128 per container on a wet-weight basis, whichever is less, except 129 that a THC-infused beverage may not contain more than 5 130 milligrams per unopened can or bottle or in any other sealed 131 container. 132 (g)(f)Hemp extract means hemp that is a substance or 133 compound intended for ingestion or inhalation and that contains, 134 containing more than trace amounts of a cannabinoid but, or for 135 inhalation which is derived from or contains hemp and which does 136 not contain controlled substances listed in s. 893.03; any 137 quantity of synthetic cannabinoids; or delta-8 138 tetrahydrocannabinol, delta-10-tetrahydrocannabinol, 139 hexahydrocannabinol, tetrahydrocannabinol acetate, 140 tetrahydrocannabiphorol, or tetrahydrocannabivarin. The term 141 does not include synthetic cannabidiol or seeds or seed-derived 142 ingredients that are generally recognized as safe by the United 143 States Food and Drug Administration. 144 (h)(g)THC-infused beverage means a soft drink, soda, 145 juice, tea, or other beverage intended for ingestion which 146 contains hemp extract in an amount not to exceed 5 milligrams 147 per unopened can or bottle or in any other sealed container 148 Independent testing laboratory means a laboratory that: 149 1.Does not have a direct or indirect interest in the 150 entity whose product is being tested; 151 2.Does not have a direct or indirect interest in a 152 facility that cultivates, processes, distributes, dispenses, or 153 sells hemp or hemp extract in the state or in another 154 jurisdiction or cultivates, processes, distributes, dispenses, 155 or sells marijuana, as defined in s. 381.986; and 156 3.Is accredited by a third-party accrediting body as a 157 competent testing laboratory pursuant to ISO/IEC 17025 of the 158 International Organization for Standardization. 159 (i)Total delta-9-tetrahydrocannabinol concentration 160 means a concentration calculated as follows: [delta-9 161 tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic 162 acid]). 163 (7)DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT. 164 (a)Hemp extract may only be distributed and sold in this 165 the state if the product meets all of the following 166 requirements: 167 1.Is in compliance with the testing requirements set forth 168 in subsection (8). Has a certificate of analysis prepared by an 169 independent testing laboratory that states: 170 a.The hemp extract is the product of a batch tested by the 171 independent testing laboratory; 172 b.The batch contained a total delta-9-tetrahydrocannabinol 173 concentration that did not exceed 0.3 percent pursuant to the 174 testing of a random sample of the batch; 175 c.The batch does not contain contaminants unsafe for human 176 consumption; and 177 2.d.The batch Was processed in a facility that holds a 178 current and valid permit issued by a human health or food safety 179 regulatory entity with authority over the facility, and that 180 facility meets the human health or food safety sanitization 181 requirements of the regulatory entity. Such compliance must be 182 documented by a report from the regulatory entity confirming 183 that the facility meets such requirements. 184 3.2.Is distributed or sold in a container that includes: 185 a.A scannable barcode or quick response code linked to the 186 certificate of analysis of the hemp extract batch by a certified 187 marijuana an independent testing laboratory; 188 b.The batch number; 189 c.The Internet address of a website where batch 190 information may be obtained; 191 d.The expiration date; and 192 e.The number of milligrams of each marketed cannabinoid 193 per serving; and 194 f.The toll-free telephone number for the national Poison 195 Help line. 196 4.3.Is distributed or sold in a container that: 197 a.Is suitable to contain products for human consumption; 198 b.Is composed of materials designed to minimize exposure 199 to light; 200 c.Mitigates exposure to high temperatures; 201 d.Is not attractive to children; and 202 e.Is compliant with the United States Poison Prevention 203 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 204 regard to provided exemptions. 205 (b)Except as required under this section for the retail 206 sale of THC-infused beverages, hemp extract may only be sold to 207 or procured by a business in this state if that business is 208 properly permitted as required by chapter 500 this section. A 209 business or food establishment may not possess hemp extract 210 products that are attractive to children. Unpermitted business 211 sales, street sales, or festival sales are not allowed. A 212 business or food establishment may not possess hemp or hemp 213 extract products that are attractive to children. A business or 214 food establishment permitted to sell hemp or hemp extract may 215 not be located within 500 feet of a school or daycare facility, 216 a retail outlet engaged in the business of selling motor fuel, 217 or a retail facility in possession of a valid permit to sell 218 hemp or hemp extract. Businesses and food establishments 219 permitted to sell hemp or hemp extract: 220 1.May not advertise the availability of such products in a 221 manner that is visible to members of the public from any street, 222 sidewalk, park, or other public place. A business or food 223 establishment permitted to sell hemp extract may not use a trade 224 name, a logo, or advertising that contains wording or images 225 that are attractive to children; that implies that such products 226 confer health or medical benefits that are unsubstantiated; or 227 that suggests that the business or food establishment is 228 affiliated with a medical office or other health care facility. 229 Advertising may not use the terms THC or medical card or 230 similar terms. 231 2.Shall keep records pertaining to lab testing results and 232 the suppliers of hemp extract products for a minimum of 3 years 233 and shall have procedures in place to effect a recall of any 234 hemp extract later determined to be unsafe for human 235 consumption. 236 3.Shall store all such products out of reach of customers, 237 either in a controlled area accessible only to employees or in a 238 locked display case excluding hemp-infused 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 after the initial violation 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 regulated 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 use, 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 businesses 269 that are not properly permitted as required by this section and 270 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 selling or marketing hemp extract 274 products at the event and verify that each business is selling 275 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 and 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 marijuana 283 testing laboratory before it may be sold in this state. Test 284 results must be verified and signed by two laboratory employees. 285 The certified marijuana testing laboratory must determine 286 whether the test results indicate that the product meets the 287 definition of hemp and hemp extract, the labeling of the 288 concentration of tetrahydrocannabinol and cannabidiol is 289 accurate, and the product is free from contaminants that are 290 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 meet the requirements of this section, is unsafe for human 301 consumption, or is mislabeled. 302 (e)The independent testing laboratory 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 or 316 property of any description, including equipment, fixtures, or 317 furnishings. 318 2. Sell or provide THC-infused beverages to a retail vendor 319 who does not hold an active permit required under paragraph 320 (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 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 under 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 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: 354 500.03Definitions; construction; 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 their 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 any ingredient used, intended 372 for use, or sold for human consumption. 373 Section 5.This act shall take effect October 1, 2025.