Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1876
                              LEGISLATIVE ACTION                        
                    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.
   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
   37  includes:
   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
   82  for:
   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
   88  agency.
   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
   92  plants.
   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