Florida Senate - 2019 CS for SB 1020 By the Committee on Agriculture; and Senators Bradley, Albritton, Hutson, and Bracy 575-03461-19 20191020c1 1 A bill to be entitled 2 An act relating to the state hemp program; creating s. 3 581.217, F.S.; creating the state hemp program within 4 the Department of Agriculture and Consumer Services; 5 providing the purpose of the program; providing 6 legislative findings; defining terms; providing 7 requirements for program registration and for the 8 distribution and retail sale of hemp and hemp 9 products; requiring the department to administer a 10 certified hemp seed program; providing the purpose and 11 requirements of the program; requiring the department, 12 in consultation with the Department of Health and the 13 Department of Business and Professional Regulation, to 14 adopt specified rules within a specified timeframe; 15 directing the Commissioner of Agriculture, in 16 consultation with the Governor and Attorney General, 17 to submit a specified plan within a specified 18 timeframe to the United States Secretary of 19 Agriculture; creating an Industrial Hemp Advisory 20 Board for a specified purpose; providing that the 21 board is adjunct to the department for administrative 22 purposes; providing the membership and meetings of the 23 board; prohibiting the board from receiving 24 compensation; amending s. 1004.4473, F.S.; revising 25 the schools at which the department is required to 26 authorize and oversee the development of industrial 27 hemp pilot projects; authorizing universities to 28 implement industrial hemp pilot projects pursuant to 29 the state hemp program; providing a directive to the 30 Division of Law Revision; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 581.217, Florida Statutes, is created to 35 read: 36 581.217 State hemp program.— 37 (1) CREATION AND PURPOSE.—The state hemp program is created 38 within the department to promote the cultivation, handling, 39 processing, and sale of hemp, hemp products, and hemp extract in 40 the state. 41 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 42 (a) Hemp is an agricultural commodity. 43 (b) Hemp-derived cannabinoids, including, but not limited 44 to, cannabidiol, are not controlled substances or adulterants. 45 (c) Products containing one or more hemp-derived 46 cannabinoids, including, but not limited to, cannabidiol, 47 intended for ingestion are foods and not controlled substances 48 or adulterated products. 49 (d) The addition of hemp derivatives, including, but not 50 limited to, hemp-derived cannabidiol, to cosmetics, personal 51 care products, and products intended for human or animal 52 consumption is not an adulteration of such products. 53 (3) DEFINITIONS.—As used in this section, the term: 54 (a) “Cannabidiol” means the compound by the same name 55 derived from the hemp variety of the Cannabis sativa L. plant. 56 (b) “Cultivate” means planting, watering, growing, and 57 harvesting a hemp plant or a hemp crop. The term does not 58 include the transport of a hemp plant or a hemp crop. 59 (c) “Federally defined THC level for hemp” means a total 60 delta-9-tetrahydrocannabinol concentration, including immediate 61 precursors, that does not exceed 0.3 percent on a dry-weight 62 basis, or the tetrahydrocannabinol concentration for hemp 63 defined in 7 U.S.C. s. 5940, whichever is greater. 64 (d) “Handle” means possessing or storing hemp plants for 65 any period of time on premises owned, operated, or controlled by 66 a person or an entity registered to cultivate or process hemp, 67 including the possession or storage of hemp plants in a vehicle 68 for any period of time other than during the actual transport 69 from the premises of a person registered to cultivate or process 70 hemp or industrial hemp to the premises of another registered 71 person. The term does not include the possession or storage of 72 finished hemp products. 73 (e) “Hemp” means the plant Cannabis sativa L. and any part 74 of that plant, including seeds, derivatives, extracts, 75 cannabinoids, isomers, acids, salts, and salts of isomers 76 thereof, whether growing or not, that has the federally defined 77 THC level for hemp. The term includes industrial hemp as defined 78 in s. 1004.4473. 79 (f) “Hemp extract” means a no-THC or low-THC substance or 80 compound that: 81 1. Is derived from or contains any part of the plant 82 Cannabis sativa L. that meets the definition of industrial hemp 83 under s. 1004.4473; 84 2. Contains a total delta-9-tetrahydrocannabinol 85 concentration, including immediate precursors, that does not 86 exceed 0.3 percent on a dry-weight basis; and 87 3. Does not contain other controlled substances. 88 (g) “Hemp products” means all products with the federally 89 defined THC level for hemp derived from or made by processing 90 hemp plants or plant parts that are prepared in a form available 91 for retail sale, including, but not limited to cosmetics, 92 personal care products, food intended for animal or human 93 consumption, cloth, cordage, fiber, fuel, paint, paper, 94 particleboard, plastics, and any product containing one or more 95 hemp-derived cannabinoids, such as cannabidiol. 96 (h) “Process” means the conversion of hemp into a 97 marketable form. 98 (4) REGISTRATION.—A person or entity: 99 (a) Seeking to cultivate, handle, process, or sell hemp, 100 hemp products, or hemp extract must register with the department 101 and complete a background check every 2 years. The department 102 may deny an application. 103 (b) May not cultivate, handle, process, or sell hemp, hemp 104 products, or hemp extract in the state without being registered 105 with the department. 106 (c) Seeking to cultivate hemp must provide to the 107 department the legal land description and global positioning 108 coordinates of the area where hemp will be cultivated. 109 (d) Seeking to cultivate, handle, process, or sell hemp 110 must provide to the department prior written consent allowing 111 representatives of the department, the state police, and other 112 state and local law enforcement agencies to enter onto all 113 premises where hemp is cultivated, handled, or processed for the 114 purpose of conducting physical inspections and ensuring 115 compliance with the requirements of this section and department 116 rules. 117 (5) INDUSTRIAL HEMP PILOT PROJECTS.—Notwithstanding s. 118 1004.4473, an existing industrial hemp project approved by a 119 university under s. 1004.4473 is eligible to cultivate, handle, 120 and process hemp and may register with the department to 121 participate in the state hemp program. 122 (6) DISTRIBUTION AND RETAIL SALE OF HEMP AND HEMP 123 PRODUCTS.— 124 (a) The distribution and retail sale of hemp and hemp 125 products may be conducted when the hemp or the hemp used in 126 products are legally cultivated in another state or jurisdiction 127 and meet the same or substantially the same requirements for 128 cultivating, handling, and processing hemp and hemp products 129 under this section. 130 (b) Hemp and hemp products may be legally transported 131 across state lines and exported to foreign nations consistent 132 with federal laws and the laws of respective foreign nations. 133 (7) HEMP SEED PROGRAM.—The department shall administer a 134 certified hemp seed program that identifies seeds and cultivars 135 that are suitable for hemp production. The seeds or cultivars 136 must be certified as industrial hemp by one of the following: 137 (a) The department. 138 (b) A university conducting an industrial hemp pilot 139 project pursuant to s. 1004.4473. 140 (c) A member of the Association of Official Seed Certifying 141 Agencies. 142 (8) RULES.—Within 90 days after the effective date of this 143 act, the department shall, in consultation with the Department 144 of Health and the Department of Business and Professional 145 Regulation, adopt rules to administer the state hemp program. 146 The rules must ensure that the application process and 147 registration requirements are reasonable and attainable for 148 small farmers, small businesses, and private individuals. The 149 rules must provide for: 150 (a) Sampling and testing measures to ensure that hemp, hemp 151 products, and hemp extract cultivated, handled, and processed 152 under this section do not exceed the federally defined THC level 153 for hemp; 154 (b) Due process and an appeals process; 155 (c) Enforcement of this section and department rules; 156 (d) A civil penalty schedule for violations; 157 (e) A schedule of nonrefundable fees for administering the 158 program; and 159 (f) Inclusion of the state hemp program in the Florida 160 Agricultural Promotional Campaign and for promotion and labeling 161 of hemp, hemp products, and hemp extract as “Fresh From 162 Florida.” 163 (9) DEPARTMENT PLAN.— 164 (a) Within 90 days after the effective date of this act, 165 the Commissioner of Agriculture, in consultation with the 166 Governor and Attorney General, shall submit to the United States 167 Secretary of Agriculture the department plan for regulating hemp 168 production. The plan must include: 169 1. A procedure for maintaining relevant information 170 regarding the locations in the state where hemp is cultivated, 171 handled, and processed for not less than 3 calendar years; 172 2. A procedure that uses post-decarboxylation or other 173 similarly reliable methods for testing delta-9 174 tetrahydrocannabinol concentration levels of hemp cultivated, 175 handled, and processed in the state; 176 3. A procedure for the effective disposal of hemp, hemp 177 products, and hemp extract cultivated, handled, and processed in 178 violation of this section and department rules; and 179 4. Guidance for compliance with enforcement procedures. 180 (b) If the department plan for regulating hemp production 181 is not approved by the United States Secretary of Agriculture, 182 the Commissioner of Agriculture, in consultation with the 183 Governor and Attorney General, shall submit an amended plan. 184 (10) INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp 185 Advisory Board is created to provide advice and expertise as 186 needed by a university or the department with respect to plans, 187 policies, and procedures applicable to the administration of 188 their respective industrial hemp pilot programs. 189 (a) The Industrial Hemp Advisory Board shall be adjunct to 190 the department for administrative purposes. 191 (b) The Industrial Hemp Advisory Board shall be composed of 192 all of the following members: 193 1. Two members appointed by the commissioner. 194 2. Two members appointed by the Governor. 195 3. Two members appointed by the President of the Senate. 196 4. Two members appointed by the Speaker of the House of 197 Representatives. 198 5. The dean for extension of the Institute of Food and 199 Agricultural Sciences of the University of Florida or his or her 200 designee. 201 6. The executive director of the Department of Law 202 Enforcement or his or her designee. 203 7. The president of the Florida Sheriffs Association or his 204 or her designee. 205 8. The president of the Florida Police Chiefs Association 206 or his or her designee. 207 9. The president of the Florida Farm Bureau Federation or 208 his or her designee. 209 10. The president of the Florida Fruit and Vegetable 210 Association or his or her designee. 211 (c) The board shall elect by a two-thirds vote of the 212 members one member to serve as chair of the board. 213 (d) A majority of the members of the board shall constitute 214 a quorum. 215 (e) The board shall meet at least once annually at the call 216 of the chair. 217 (f) Board members shall receive no compensation but shall 218 be reimbursed for any actual travel expense incurred while 219 attending meetings of the board. 220 Section 2. Paragraph (a) of subsection (2) of section 221 1004.4473, Florida Statutes, is amended, and subsection (8) is 222 added to that section, to read: 223 1004.4473 Industrial hemp pilot projects.— 224 (2)(a) The department shall authorize and oversee the 225 development of industrial hemp pilot projects for the Institute 226 of Food and Agricultural Sciences at the University of Florida, 227 Florida Agricultural and Mechanical University,
andany land 228 grant university in the state that has a college of agriculture, 229 and any Florida College System institution or state university 230 that has an established agriculture or pharmacy program. The 231 department shall adopt rules as required under the Agricultural 232 Act of 2014, 7 U.S.C. s. 5940, to implement this section, 233 including rules for the certification and registration of sites 234 used for growth or cultivation. The purpose of the pilot 235 projects is to cultivate, process, test, research, create, and 236 market safe and effective commercial applications for industrial 237 hemp in the agricultural sector in this state. 238 (8) Notwithstanding this section, a university may choose 239 to implement an industrial hemp pilot project pursuant to s. 240 581.217. 241 Section 3. The Division of Law Revision is directed to 242 replace the phrase “the effective date of this act” wherever it 243 occurs in this act with the date this act becomes a law. 244 Section 4. This act shall take effect upon becoming a law.