Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1676
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                

       The Committee on Agriculture (Burton) recommended the following:
    1         Senate Amendment 
    3         Delete lines 60 - 165
    4  and insert:
    5  to, cannabidiol, are not controlled substances or adulterants if
    6  they are in compliance with this section.
    7         (3) DEFINITIONS.—As used in this section, the term:
    8         (d) “Hemp” means the plant Cannabis sativa L. and any part
    9  of that plant, including the seeds thereof, and all derivatives,
   10  extracts, cannabinoids, isomers, acids, salts, and salts of
   11  isomers thereof, whether growing or not, that has a total delta
   12  9-tetrahydrocannabinol concentration that does not exceed 0.3
   13  percent on a dry-weight basis, with the exception of hemp
   14  extract, which may not exceed 0.5 milligrams total cannabinoids
   15  per container, and 0.3 percent total delta-9
   16  tetrahydrocannabinol on a wet-weight basis. The term does not
   17  include synthetically derived cannabinoids.
   18         (e) “Hemp extract” means a substance or compound intended
   19  for ingestion, containing more than trace amounts of a
   20  cannabinoid, or for inhalation which is derived from or contains
   21  hemp and which does not contain other controlled substances. The
   22  term includes snuff, chewing gum, and smokeless products derived
   23  from or containing hemp, but does not include cannabinoids that
   24  are synthetically derived synthetic CBD or seeds or seed-derived
   25  ingredients that are generally recognized as safe by the United
   26  States Food and Drug Administration.
   27         (g)“Synthetically derived cannabinoid” means any
   28  cannabinoid created by any process other than direct extraction
   29  from hemp and without further reacting with other chemicals to
   30  increase the concentration of a present cannabinoid or to create
   31  a new or different cannabinoid not originally found in the
   32  extract.
   33         (h)“Total tetrahydrocannabinol” means the sum of all
   34  cannabinoids as defined by the department in milligrams.
   36         (a) Hemp extract may only be distributed and sold in the
   37  state if the product:
   38         1. Has a certificate of analysis prepared by an independent
   39  testing laboratory that states:
   40         a. The hemp extract is the product of a batch tested by the
   41  independent testing laboratory;
   42         b. The batch contained 0.5 milligrams total cannabinoids
   43  per serving a total delta-9-tetrahydrocannabinol concentration
   44  that did not exceed 0.3 percent pursuant to the testing of a
   45  random sample of the batch; and
   46         c. The batch does not contain contaminants unsafe for human
   47  consumption; and
   48         d.The batch was processed in a facility that holds a
   49  current and valid permit issued by a human health or food safety
   50  regulatory entity with authority over the facility, and that
   51  facility meets the human health or food safety sanitization
   52  requirements of the regulatory entity. Such compliance must be
   53  documented by a report from the regulatory entity confirming
   54  that the facility meets such requirements.
   55         2. Is distributed or sold in a container that includes:
   56         a. A scannable barcode or quick response code linked to the
   57  certificate of analysis of the hemp extract batch by an
   58  independent testing laboratory;
   59         b. The batch number;
   60         c. The Internet address of a website where batch
   61  information may be obtained;
   62         d. The expiration date; and
   63         e. The number of milligrams of each marketed cannabinoid
   64  per serving.
   65         3.Is distributed or sold in a container that:
   66         a.Is suitable to contain products for human consumption;
   67         b.Is composed of materials designed to minimize exposure
   68  to light;
   69         c.Mitigates exposure to high temperatures;
   70         d.Is not attractive to children; and
   71         e.Is compliant with the United States Poison Prevention
   72  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq, without regard
   73  to provided exemptions.
   74         (b) Hemp extract may only be sold to a business in this
   75  state if that business is properly permitted as required by this
   76  section.
   77         (c) Hemp extract distributed or sold in this state is
   78  subject to the applicable requirements of violation of this
   79  section shall be considered adulterated or misbranded pursuant
   80  to chapter 500, chapter 502, or chapter 580.
   81         (d)(c) Products that are intended for human ingestion or
   82  inhalation and contain hemp extract may not:
   83         1. Be sold in this state to a person who is under 21 years
   84  of age; or.
   85         2.Exceed 0.5 milligrams total tetrahydrocannabinol per
   86  serving or 2 milligrams total tetrahydrocannabinol per package.
   87         (12) RULES.—
   88         (a)By August 1, 2019, The department shall adopt rules, in
   89  consultation with the Department of Health and the Department of
   90  Business and Professional Regulation, shall initiate rulemaking
   91  to administer the state hemp program. The rules must provide
   92  for:
   93         1.(a) A procedure that uses post-decarboxylation or other
   94  similarly reliable methods for testing the delta-9
   95  tetrahydrocannabinol concentration of cultivated hemp.
   96         2.(b) A procedure for the effective disposal of plants,
   97  whether growing or not, that are cultivated in violation of this
   98  section or department rules, and products derived from those
   99  plants.
  100         3.Packaging and labeling requirements that ensure that
  101  hemp extract intended for human ingestion or inhalation is not
  102  attractive to children.
  103         4.Advertising regulations that ensure hemp extract
  104  intended for human ingestion or inhalation is not marketed or
  105  advertised in a manner that specifically targets or is
  106  attractive to children.
  107         (b)The department shall adopt rules pursuant to ss. 120.54
  108  and 120.56, establishing the cannabinoids to include in
  109  calculating total cannabinoids, which must include, at a
  110  minimum, delta-8 tetrahydrocannabinol, delta-9
  111  tetrahydrocannabinol, delta-9 tetrahydrocannalibonic acid,
  112  delta-10 tetrahydrocannabinol, delta-9,11 tetrahydrocannabinol,
  113  exo-tetracannabinol, and hexahydrocannabinol.