Florida Senate - 2019                   (PROPOSED BILL) SPB 7102
       FOR CONSIDERATION By the Committee on Innovation, Industry, and
       580-03561C-19                                         20197102pb
    1                        A bill to be entitled                      
    2         An act relating to hemp; creating s. 581.218, F.S.;
    3         providing legislative findings; defining terms;
    4         providing requirements for the distribution and retail
    5         sale of hemp extract; amending s. 893.02, F.S.;
    6         revising the term “cannabis” to exclude hemp for
    7         purposes of ch. 893, F.S.; providing a contingent
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 581.218, Florida Statutes, is created to
   13  read:
   14         581.218 Hemp extract.—
   15         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
   16         (a)Hemp is an agricultural commodity.
   17         (b)Hemp-derived cannabinoids, including, but not limited
   18  to, cannabidiol, are not controlled substances or adulterants.
   19         (c)Products containing one or more hemp-derived
   20  cannabinoids, including, but not limited to, cannabidiol,
   21  intended for ingestion are foods and not controlled substances
   22  or adulterated products.
   23         (d)The addition of hemp derivatives, including, but not
   24  limited to, hemp-derived cannabidiol, to cosmetics, personal
   25  care products, and products intended for human or animal
   26  consumption is not an adulteration of such products.
   27         (2)DEFINITIONS.—As used in this section, the term:
   28         (a)“Cannabidiol” means the compound by the same name,
   29  which is derived from the hemp variety of the plant Cannabis
   30  sativa L.
   31         (b)“Contaminants unsafe for human consumption” includes,
   32  but is not limited to, any microbe, fungus, yeast, mildew,
   33  herbicide, pesticide, fungicide, residual solvent, metal, or
   34  other contaminant found in any amount that exceeds any of the
   35  Department of Health’s accepted limitations as determined by
   36  rules promulgated in accordance with s. 381.986, or other
   37  limitation pursuant to Florida law, whichever is lowest.
   38         (c)“Hemp” means the plant Cannabis sativa L. and any part
   39  of that plant, including seeds, derivatives, extracts,
   40  cannabinoids, isomers, acids, salts, and salts of isomers
   41  thereof, whether growing or not, which does not exceed the
   42  concentration of THC authorized under subparagraph (d)2. and in
   43  7 U.S.C. s. 5940. The term includes industrial hemp as defined
   44  in s. 1004.4473.
   45         (d)“Hemp extract” means a no-THC or low-THC substance or
   46  compound that:
   47         1.Is derived from or contains any part of the plant
   48  Cannabis sativa L. which meets the definition of industrial hemp
   49  under s. 1004.4473;
   50         2.Contains a total delta-9-tetrahydrocannabinol
   51  concentration, including immediate precursors, that does not
   52  exceed 0.3 percent on a dry-weight basis; and
   53         3.Does not contain other controlled substances.
   54         (e)“Independent testing laboratory” means a laboratory
   55  that:
   56         1.Does not have a direct or indirect interest in the
   57  entity whose product is being tested;
   58         2.Does not have a direct or indirect interest in a
   59  facility that cultivates, processes, distributes, dispenses, or
   60  sells no-THC or low-THC hemp extract or a substantially similar
   61  substance in another jurisdiction; cultivates, processes,
   62  distributes, dispenses, or sells marijuana as defined in s.
   63  381.986; or cultivates, processes, distributes, dispenses, or
   64  sells industrial hemp; and
   65         3.Is accredited by a third-party accrediting body, such as
   66  the American Association for Laboratory Accreditation or Assured
   67  Calibration and Laboratory Accreditation Select Services, as a
   68  competent testing laboratory pursuant to standard ISO/IEC 17025
   69  of the International Organization for Standardization.
   71  extract may be distributed and sold in this state only if the
   72  product:
   73         (a)Has a certificate of analysis that is prepared by an
   74  independent testing laboratory which states:
   75         1.The hemp extract is the product of a batch tested by the
   76  independent testing laboratory;
   77         2.The batch contained a total delta-9-tetrahydrocannabinol
   78  concentration, including immediate precursors, which does not
   79  exceed 0.3 percent on a dry-weight basis pursuant to the testing
   80  of a random sample of the batch; and
   81         3.The batch does not contain contaminants unsafe for human
   82  consumption.
   83         (b)Is distributed or sold in packaging that includes:
   84         1.A scannable barcode or quick response code linked to the
   85  certificate of analysis of the hemp strain extract by an
   86  independent testing laboratory;
   87         2.The batch number;
   88         3.The Internet address of a website where batch
   89  information may be obtained;
   90         4.The expiration date;
   91         5.The number of milligrams of no-THC or low-THC hemp
   92  extract; and
   93         6.A statement that the product contains a total delta-9
   94  tetrahydrocannabinol concentration, including immediate
   95  precursors, which does not exceed 0.3 percent on a dry-weight
   96  basis.
   97         Section 2. Subsection (3) of section 893.02, Florida
   98  Statutes, is amended to read:
   99         893.02 Definitions.—The following words and phrases as used
  100  in this chapter shall have the following meanings, unless the
  101  context otherwise requires:
  102         (3) “Cannabis” means all parts of any plant of the genus
  103  Cannabis, whether growing or not; the seeds thereof; the resin
  104  extracted from any part of the plant; and every compound,
  105  manufacture, salt, derivative, mixture, or preparation of the
  106  plant or its seeds or resin. The term does not include
  107  “marijuana,” as defined in s. 381.986, if manufactured,
  108  possessed, sold, purchased, delivered, distributed, or
  109  dispensed, in conformance with s. 381.986. The term does not
  110  include hemp as defined in s. 581.218 or industrial hemp as
  111  defined in s. 1004.4473.
  112         Section 3. This act shall take effect on the same date that
  113  SB 1020 or similar legislation takes effect, if such legislation
  114  is adopted in the same legislation session or an extension
  115  thereof and becomes a law.