Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1876
Senate . House
Floor: 1/AD/2R .
03/06/2020 03:41 PM .
Senator Montford moved the following:
1 Senate Amendment (with title amendment)
3 Delete lines 96 - 205
4 and insert:
5 cannabinoid, or for inhalation which
that is derived from or
6 contains hemp and which that does not contain other controlled
7 substances. The term does not include synthetic CBD or seeds or
8 seed-derived ingredients that are generally recognized as safe
9 by the United States Food and Drug Administration.
10 (4) FEDERAL APPROVAL.—The department shall seek approval of
11 the state plan for the regulation of the cultivation of hemp
12 with the United States Secretary of Agriculture in accordance
13 with 7 U.S.C. s. 1639p within 30 days after adopting rules. If
14 the state plan is not approved by the United States Secretary of
15 Agriculture, the Commissioner of Agriculture, in consultation
16 with and with final approval from the Administration Commission,
17 shall develop a recommendation to amend the state plan and
18 submit the recommendation to the Legislature. If revisions to
19 the state plan may be made without statutory changes, the
20 department, in consultation with and with final approval from
21 the Administration Commission, must submit an amended plan to
22 the United States Secretary of Agriculture.
23 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—
24 (a) Hemp extract may only be distributed and sold in the
25 state if the product:
26 1. (a) Has a certificate of analysis prepared by an
27 independent testing laboratory that states:
28 a. 1. The hemp extract is the product of a batch tested by
29 the independent testing laboratory;
30 b. 2. The batch contained a total delta-9
31 tetrahydrocannabinol concentration that did not exceed 0.3
32 percent on a dry-weight basis pursuant to the testing of a
33 random sample of the batch; and
34 c. 3. The batch does not contain contaminants unsafe for
35 human consumption.
36 2. (b) Is distributed or sold in a container packaging that
38 a. 1. A scannable barcode or quick response code linked to
39 the certificate of analysis of the hemp extract batch by an
40 independent testing laboratory;
41 b. 2. The batch number;
42 c. 3. The Internet address of a website where batch
43 information may be obtained;
44 d. 4. The expiration date; and
45 e. 5. The number of milligrams of each marketed cannabinoid
46 per serving hemp extract ; and
47 6. A statement that the product contains a total delta-9
48 tetrahydrocannabinol concentration that does not exceed 0.3
49 percent on a dry-weight basis.
50 (b) Hemp extract distributed or sold in violation of this
51 section shall be considered adulterated or misbranded pursuant
52 to chapter 500, chapter 502, or chapter 580.
53 (c) Products that are intended for inhalation and contain
54 hemp extract may not be sold in this state to a person who is
55 under 21 years of age.
56 (9) DEPARTMENT REPORTING.—The department shall submit
57 monthly to the United States Secretary of Agriculture a report
58 of the locations in the state where hemp is cultivated or has
59 been cultivated within the past 3 calendar years. The report
60 must include the contact information for each licensee and the
61 total acreage of hemp planted, harvested, and, if applicable,
62 disposed of by each licensee.
63 (11) ENFORCEMENT.—
64 (a) The department shall enforce this section.
65 (b) Every state attorney, sheriff, police officer, and
66 other appropriate county or municipal officer shall enforce, or
67 assist any agent of the department in enforcing, this section
68 and rules adopted by the department.
69 (c) The department, or its agent, is authorized to enter
70 any public or private premises during regular business hours in
71 the performance of its duties relating to hemp cultivation.
72 (d) The department shall conduct random inspections, at
73 least annually, of each licensee to ensure that only certified
74 hemp seeds are being used and that hemp is being cultivated in
75 compliance with this section. The department may contract with
76 entities to provide sample collection, laboratory testing, and
77 disposal services to implement this section.
78 (12) RULES.— By August 1, 2019, The department, in
79 consultation with the Department of Health and the Department of
80 Business and Professional Regulation, shall initiate rulemaking
81 to administer the state hemp program. The rules must provide
83 (a) A procedure that uses post-decarboxylation or other
84 similarly reliable methods for testing the delta-9
85 tetrahydrocannabinol concentration of cultivated hemp. The
86 sample must be taken no more than 15 days before the anticipated
87 harvest by a federal, state, local, or tribal law enforcement
89 (b) A procedure for the effective disposal of plants,
90 whether growing or not, that are cultivated in violation of this
91 section or department rules, and products derived from those
93 (14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp
94 Advisory Council, an advisory council as defined in s. 20.03, is
95 established to provide information, advice, and expertise to the
96 department with respect to plans, policies, and procedures
97 applicable to the administration of the state hemp program.
98 Notwithstanding ss. 377.6015 and 570.232, the Industrial Hemp
99 Advisory Council is the sole advisory body to provide
100 information, advice, and expertise related to the state hemp
101 program to the department, and no other advisory body may be
102 created for such purpose.
104 ================= T I T L E A M E N D M E N T ================
105 And the title is amended as follows:
106 Delete lines 23 - 34
107 and insert:
108 requiring samples to be taken within a specified
109 timeframe before the anticipated harvest; providing
110 that the Industrial Hemp Advisory Council is the sole
111 advisory body to provide information, advice, and
112 expertise regarding the program to the department;
113 prohibiting the creation of other advisory bodies for
114 such purpose; providing terms for advisory