Florida Senate - 2021                                    SB 1766
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00477-21                                           20211766__
    1                        A bill to be entitled                      
    2         An act relating to the sale of hemp-derived delta-8
    3         tetrahydrocannabinol; creating s. 581.218, F.S.;
    4         defining terms; prohibiting retailers from selling
    5         hemp-derived delta-8-tetrahydrocannabinol products to
    6         individuals who are under 21 years of age; providing
    7         requirements for the delivery of such products;
    8         providing civil and criminal penalties; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 581.218, Florida Statutes, is created to
   14  read:
   15         581.218 Delivery sale of hemp-derived delta-8
   16  tetrahydrocannabinol products; penalty.—
   17         (1)As used in this section, the term:
   18         (a)“Consumer” means a person in this state who possesses a
   19  hemp-derived delta-8-tetrahydrocannabinol product and who is not
   20  a retailer, a wholesaler, or a distributor intending to sell or
   21  distribute the product.
   22         (b)“Delivery sale” means any sale of hemp-derived delta-8
   23  tetrahydrocannabinol products to a consumer for which:
   24         1.The consumer submits an order for the sale by telephone
   25  or other voice transmission device, mail, delivery service, or
   26  the Internet service; or
   27         2.The products are delivered by mail or delivery service.
   28         (c)“Delivery service” means any person engaged in the
   29  commercial delivery of letters, packages, or other containers.
   30         (d) “Hemp” has the same meaning as in s. 581.217.
   31         (e)“Hemp-derived delta-8-tetrahydrocannabinol” means the
   32  cannabinoid delta-8-tetrahydrocannabinol as a derivative,
   33  extract, isomer, acid, salt, or salt of isomers of hemp, whether
   34  growing or not, which has a total delta-9-tetrahydrocannabinol
   35  concentration that does not exceed 0.3 percent on a dry weight
   36  basis pursuant to a certification analysis that confirms such
   37  concentration.
   38         (f)“Mail” means the shipment of hemp-derived delta-8
   39  tetrahydrocannabinol products through the United States Postal
   40  Service or other letter carrier.
   41         (g)“Retailer” means a person who is not a licensed
   42  distributor but is in possession of hemp-derived delta-8
   43  tetrahydrocannabinol products for the purpose of selling the
   44  products to a consumer.
   45         (h)“Shipping document” means a bill of lading, air-bill,
   46  United States Postal Service form, or any other document used to
   47  verify the delivery service’s delivery of letters, packages, or
   48  other containers.
   49         (2)A sale of hemp-derived delta-8-tetrahydrocannabinol
   50  products constitutes a delivery sale regardless of whether the
   51  person accepting the order for the delivery sale is located
   52  inside or outside of this state. A retailer may not sell hemp
   53  derived delta-8-tetrahydrocannabinol products to a consumer who
   54  is under 21 years of age. The retailer must provide notice to
   55  their customers, in a prominent and clearly legible statement,
   56  specifying that customers must be 21 years of age or older to
   57  buy such products.
   58         (3)A retailer who mails or ships any hemp-derived delta-8-
   59  tetrahydrocannabinol products to fulfill an order for a delivery
   60  sale must:
   61         (a)Obtain a certification from the consumer who is
   62  purchasing the product that he or she is 21 years of age or
   63  older;
   64         (b)Include as part of the order’s shipping documents, in a
   65  clear and conspicuous manner, the following statement: “Hemp
   66  derived Delta-8-Tetrahydrocannabinol Products: Florida law
   67  prohibits shipping to individuals under 21 years of age and
   68  requires the payment of all applicable taxes; and
   69         (c)Be in compliance with any labeling requirements,
   70  pursuant to department rule for the state hemp program.
   71         (4)(a)A person who violates this section who is 21 years
   72  of age or older commits a misdemeanor of the first degree,
   73  punishable as provided in s. 775.082 or s. 775.083, and:
   74         1.For a first violation of this section, the person shall
   75  be fined $1,000 or 5 times the retail value of the product
   76  involved in the violation, whichever is greater.
   77         2.For a second or subsequent violation, the person shall
   78  be fined $5,000 or 5 times the retail value of the product
   79  involved in the violation, whichever is greater.
   80         (b)A person who is 21 years of age or older and knowingly
   81  submits a false certification of a consumer’s age commits a
   82  misdemeanor of the first degree, punishable as provided in s.
   83  775.082 or s. 775.083. For each offense, the individual shall be
   84  fined $5,000 or 5 times the retail value of the product involved
   85  in the violation, whichever is greater.
   86         (c)A person who, in connection with a delivery sale,
   87  delivers a hemp-derived delta-8-tetrahydrocannabinol product on
   88  behalf of a delivery service to an individual who is not 21
   89  years of age or older commits a misdemeanor of the first degree,
   90  punishable as provided in s. 775.082 or s. 775.083.
   91         (d)A person who is under 21 years of age and who knowingly
   92  violates this section commits a misdemeanor of the first degree,
   93  punishable as provided in s. 775.082 or s. 775.083.
   94         Section 2. This act shall take effect July 1, 2021.