Florida Senate - 2015                                     SB 902
       By Senator Clemens
       27-01100-15                                            2015902__
    1                        A bill to be entitled                      
    2         An act relating to hemp production; providing a short
    3         title; creating s. 581.301, F.S.; providing a
    4         definition; providing that hemp is an agricultural
    5         crop; providing legislative intent; requiring
    6         registration of hemp producers; providing registration
    7         requirements; providing exemptions; requiring
    8         rulemaking; providing for an affirmative defense to
    9         certain charges relating to cannabis; providing
   10         exceptions to other laws; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. This act may be cited as the “Hemp Industry
   15  Development Act.”
   16         Section 2. Section 581.301, Florida Statutes, is created to
   17  read:
   18         581.301 Hemp.—
   19         (1) DEFINITION.—As used in this section, the term “hemp”
   20  means all parts of any plant of the genus Cannabis containing no
   21  more than 0.3 percent delta-9 tetrahydrocannabinol.
   22         (2) AGRICULTURAL CROP.—Hemp is considered an agricultural
   23  crop in this state which produces a viable, environmentally
   24  sound crop that requires less irrigation, fewer pesticides, and
   25  fewer toxic refinery processes than alternative materials and
   26  has multiple applications that include a wide variety of
   27  manufactured and fabricated products. The Legislature intends to
   28  promote economic development and job growth through the
   29  cultivation, processing, distribution, manufacturing, and sale
   30  of hemp. Upon meeting the requirements of subsection (3), an
   31  individual in this state may plant, grow, or harvest hemp.
   32         (3) REGISTRATION.—
   33         (a) Except as provided in this section, an individual
   34  intending to grow hemp shall register with the department
   35  through submission of a form provided by the department
   36  containing:
   37         1. The name and address of the individual.
   38         2. A statement that the seeds obtained for planting are of
   39  a type and variety containing no more than 0.3 percent delta-9
   40  tetrahydrocannabinol.
   41         3. The location and acreage of all parcels sown with hemp
   42  and other field identification as may be required by the
   43  department.
   44         (b) An individual registered with the department pursuant
   45  to this section must allow hemp crops to be inspected and tested
   46  by and at the discretion of the department throughout sowing,
   47  growing season, harvest, storage, processing, manufacturing, and
   48  distribution.
   49         (c) The department may assess an annual registration fee on
   50  growers of up to $100 for the performance of its duties under
   51  this section.
   52         (d) The registration requirements of this section do not
   53  apply to employees of the Experiment Station of the University
   54  of Florida, Extension Service of the University of Florida, or
   55  the State University System involved in research or extension
   56  related activities.
   57         (4) RULEMAKING.—The department shall adopt rules that
   58  include, but are not limited to:
   59         (a) Testing of the hemp during growth to determine delta-9
   60  tetrahydrocannabinol levels.
   61         (b) Inspection of the hemp during sowing, growing season,
   62  harvest, storage, processing, manufacturing, and distribution.
   63         (c) Assessment of a fee that is commensurate with the costs
   64  of the department’s activities in testing and inspection of hemp
   65  production.
   66         (d) The department may not adopt under this chapter, or any
   67  other provision of law, a rule that prohibits an individual from
   68  growing, processing, distributing, manufacturing, or selling
   69  hemp based on its legal status under federal law.
   70         (e) Any other rules and procedures necessary to carry out
   71  this section.
   73  affirmative defense to a charge or prosecution for the
   74  possession, cultivation, manufacturing, delivery, distribution,
   75  or sale of cannabis under chapter 893 that:
   76         (a) The defendant was growing, processing, distributing,
   77  manufacturing, or selling hemp pursuant to this section; or
   78         (b) The defendant had valid applicable controlled
   79  substances registrations from the United States Drug Enforcement
   80  Administration.
   81         (6) EXCEPTIONS TO OTHER LAWS.—It is not a violation of
   82  state or local law for an individual to grow, process,
   83  distribute, move, manufacture, dispose of, sell, purchase, or
   84  possess hemp.
   85         Section 3. This act shall take effect July 1, 2015.