Bill Text: FL S1020 | 2019 | Regular Session | Enrolled

Bill Title: State Hemp Program

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-26 - Chapter No. 2019-132 [S1020 Detail]

Download: Florida-2019-S1020-Enrolled.html
       2019 Legislature            CS for CS for SB 1020, 2nd Engrossed
    2         An act relating to the state hemp program; creating s.
    3         581.217, F.S.; creating the state hemp program within
    4         the Department of Agriculture and Consumer Services;
    5         providing legislative findings; providing definitions;
    6         directing the department to submit a plan for the
    7         state program to the United States Secretary of
    8         Agriculture for approval; providing licensure
    9         requirements; requiring licensees to use specified
   10         hemp seeds and cultivars; providing requirements for
   11         the distribution and sale of hemp extract; directing
   12         the department to maintain a land registry and submit
   13         monthly reports to the United States Secretary of
   14         Agriculture; providing for violations and corrective
   15         measures; providing for enforcement of the state hemp
   16         program; directing the department, in consultation
   17         with the Department of Health and the Department of
   18         Business and Professional Regulation, to adopt
   19         specified rules; providing applicability;
   20         establishing, adjunct to the department, the
   21         Industrial Hemp Advisory Council; providing for
   22         council purpose, membership, and meetings; amending s.
   23         893.02, F.S.; revising the definition of the term
   24         “cannabis”; amending s. 1004.4473, F.S.; revising the
   25         colleges and universities at which the department is
   26         required to authorize and oversee the development of
   27         industrial hemp pilot projects; removing a condition
   28         for the implementation of industrial hemp
   29         commercialization projects; providing an effective
   30         date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 581.217, Florida Statutes, is created to
   35  read:
   36         581.217 State hemp program.—
   37         (1) CREATION AND PURPOSE.-The state hemp program is created
   38  within the department to regulate the cultivation of hemp in the
   39  state. This section constitutes the state plan for the
   40  regulation of the cultivation of hemp for purposes of 7 U.S.C.
   41  s. 1639p.
   42         (2) LEGISLATIVE FINDINGS.-The Legislature finds that:
   43         (a) Hemp is an agricultural commodity.
   44         (b) Hemp-derived cannabinoids, including, but not limited
   45  to, cannabidiol, are not controlled substances or adulterants.
   46         (3) DEFINITIONS.—As used in this section, the term:
   47         (a) “Certifying agency” has the same meaning as in s.
   48  578.011(8).
   49         (b) “Contaminants unsafe for human consumption” includes,
   50  but is not limited to, any microbe, fungus, yeast, mildew,
   51  herbicide, pesticide, fungicide, residual solvent, metal, or
   52  other contaminant found in any amount that exceeds any of the
   53  accepted limitations as determined by rules adopted by the
   54  Department of Health in accordance with s. 381.986, or other
   55  limitation pursuant to the laws of this state, whichever amount
   56  is less.
   57         (c) “Cultivate” means planting, watering, growing, or
   58  harvesting hemp.
   59         (d) “Hemp” means the plant Cannabis sativa L. and any part
   60  of that plant, including the seeds thereof, and all derivatives,
   61  extracts, cannabinoids, isomers, acids, salts, and salts of
   62  isomers thereof, whether growing or not, that has a total delta
   63  9 tetrahydrocannabinol concentration that does not exceed 0.3
   64  percent on a dry-weight basis.
   65         (e) “Hemp extract” means a substance or compound intended
   66  for ingestion that is derived from or contains hemp and that
   67  does not contain other controlled substances.
   68         (f) “Independent testing laboratory” means a laboratory
   69  that:
   70         1. Does not have a direct or indirect interest in the
   71  entity whose product is being tested;
   72         2. Does not have a direct or indirect interest in a
   73  facility that cultivates, processes, distributes, dispenses, or
   74  sells hemp or hemp extract in the state or in another
   75  jurisdiction or cultivates, processes, distributes, dispenses,
   76  or sells marijuana, as defined in s. 381.986; and
   77         3. Is accredited by a third-party accrediting body as a
   78  competent testing laboratory pursuant to ISO/IEC 17025 of the
   79  International Organization for Standardization.
   80         (4) FEDERAL APPROVAL.—The department shall seek approval of
   81  the state plan for the regulation of the cultivation of hemp
   82  with the United States Secretary of Agriculture in accordance
   83  with 7 U.S.C. s. 1639p within 30 days after adopting rules. If
   84  the state plan is not approved by the United States Secretary of
   85  Agriculture, the Commissioner of Agriculture, in consultation
   86  with and with final approval from the Administration Commission,
   87  shall develop a recommendation to amend the state plan and
   88  submit the recommendation to the Legislature.
   89         (5) LICENSURE.-
   90         (a) It is unlawful for a person to cultivate hemp in this
   91  state without a license issued by the department.
   92         (b) A person seeking to cultivate hemp must apply to the
   93  department for a license on a form prescribed by the department
   94  and must submit a full set of fingerprints to the department
   95  along with the application.
   96         1. The department shall forward the fingerprints to the
   97  Department of Law Enforcement for state processing and the
   98  Department of Law Enforcement shall forward the fingerprints to
   99  the Federal Bureau of Investigation for national processing.
  100         2. Fingerprints submitted to the Department of Law
  101  Enforcement pursuant to this paragraph must be retained by the
  102  Department of Law Enforcement as provided in s. 943.05(2)(g) and
  103  (h) and must be retained as provided in s. 943.05(4) when the
  104  Department of Law Enforcement begins participation in the
  105  Federal Bureau of Investigation’s national retained fingerprint
  106  arrest notification program.
  107         3. Any arrest record identified shall be reported to the
  108  department.
  109         (c) The department shall adopt rules establishing
  110  procedures for the issuance and annual renewal of a hemp
  111  license.
  112         (d) A person seeking to cultivate hemp must provide to the
  113  department the legal land description and global positioning
  114  coordinates of the area where hemp will be cultivated.
  115         (e) The department shall deny the issuance of a hemp
  116  license to an applicant, or refuse to renew the hemp license of
  117  a licensee, if the department finds that the applicant or
  118  licensee:
  119         1. Has falsified any information contained in an
  120  application for a hemp license or hemp license renewal; or
  121         2. Has been convicted of a felony relating to a controlled
  122  substance under state or federal law. A hemp license may not be
  123  issued for 10 years following the date of the conviction.
  124         (6) HEMP SEED.—A licensee may only use hemp seeds and
  125  cultivars certified by a certifying agency or a university
  126  conducting an industrial hemp pilot project pursuant to s.
  127  1004.4473.
  129  extract may only be distributed and sold in the state if the
  130  product:
  131         (a) Has a certificate of analysis prepared by an
  132  independent testing laboratory that states:
  133         1. The hemp extract is the product of a batch tested by the
  134  independent testing laboratory;
  135         2. The batch contained a total delta-9-tetrahydrocannabinol
  136  concentration that did not exceed 0.3 percent on a dry-weight
  137  basis pursuant to the testing of a random sample of the batch;
  138  and
  139         3. The batch does not contain contaminants unsafe for human
  140  consumption.
  141         (b) Is distributed or sold in packaging that includes:
  142         1. A scannable barcode or quick response code linked to the
  143  certificate of analysis of the hemp extract by an independent
  144  testing laboratory;
  145         2. The batch number;
  146         3. The Internet address of a website where batch
  147  information may be obtained;
  148         4. The expiration date;
  149         5. The number of milligrams of hemp extract; and
  150         6. A statement that the product contains a total delta-9
  151  tetrahydrocannabinol concentration that does not exceed 0.3
  152  percent on a dry-weight basis.
  153         (8) LAND REGISTRY.—The department shall maintain a registry
  154  of land on which hemp is cultivated or has been cultivated
  155  within the past 3 calendar years, including the global
  156  positioning coordinates and legal land description for each
  157  location.
  158         (9) DEPARTMENT REPORTING.—The department shall submit
  159  monthly to the United States Secretary of Agriculture a report
  160  of the locations in the state where hemp is cultivated or has
  161  been cultivated within the past 3 calendar years. The report
  162  must include the contact information for each licensee.
  163         (10) VIOLATIONS.—
  164         (a) A licensee must complete a corrective action plan if
  165  the department determines that the licensee has negligently
  166  violated this section or department rules, including
  167  negligently:
  168         1. Failing to provide the legal land description and global
  169  positioning coordinates pursuant to subsection (5);
  170         2. Failing to obtain a proper license or other required
  171  authorization from the department; or
  172         3. Producing Cannabis sativa L. that has a total delta-9
  173  tetrahydrocannabinol concentration that exceeds 0.3 percent on a
  174  dry-weight basis.
  175         (b) The corrective action plan must include:
  176         1. A reasonable date by which the licensee must correct the
  177  negligent violation; and
  178         2. A requirement that the licensee periodically report to
  179  the department on compliance with this section and department
  180  rules for a period of at least 2 calendar years after the date
  181  of the violation.
  182         (c) A licensee who negligently violates the corrective
  183  action plan under this subsection three times within 5 years is
  184  ineligible to cultivate hemp for 5 years following the date of
  185  the third violation.
  186         (d) If the department determines that a licensee has
  187  violated this section or department rules with a culpable mental
  188  state greater than negligence, the department shall immediately
  189  report the licensee to the Attorney General and the United
  190  States Attorney General.
  191         (11) ENFORCEMENT.—
  192         (a) The department shall enforce this section.
  193         (b) Every state attorney, sheriff, police officer, and
  194  other appropriate county or municipal officer shall enforce, or
  195  assist any agent of the department in enforcing, this section
  196  and rules adopted by the department.
  197         (c) The department, or its agent, is authorized to enter
  198  any public or private premises during regular business hours in
  199  the performance of its duties relating to hemp cultivation.
  200         (d) The department shall conduct random inspections, at
  201  least annually, of each licensee to ensure that only certified
  202  hemp seeds are being used and that hemp is being cultivated in
  203  compliance with this section.
  204         (12) RULES.—By August 1, 2019, the department, in
  205  consultation with the Department of Health and the Department of
  206  Business and Professional Regulation, shall initiate rulemaking
  207  to administer the state hemp program. The rules must provide
  208  for:
  209         (a) A procedure that uses post-decarboxylation or other
  210  similarly reliable methods for testing the delta-9
  211  tetrahydrocannabinol concentration of cultivated hemp.
  212         (b) A procedure for the effective disposal of plants,
  213  whether growing or not, that are cultivated in violation of this
  214  section or department rules, and products derived from those
  215  plants.
  216         (13) APPLICABILITY.-Notwithstanding any other law:
  217         (a) This section does not authorize a licensee to violate
  218  any federal or state law or regulation.
  219         (b) This section does not apply to a pilot project
  220  developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
  221         (c) A licensee who negligently violates this section or
  222  department rules is not subject to any criminal or civil
  223  enforcement action by the state or a local government other than
  224  the enforcement of violations of this section as authorized
  225  under subsection (10).
  226         (14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp
  227  Advisory Council, an advisory council as defined in s. 20.03, is
  228  established to provide advice and expertise to the department
  229  with respect to plans, policies, and procedures applicable to
  230  the administration of the state hemp program.
  231         (a) The advisory council is adjunct to the department for
  232  administrative purposes.
  233         (b) The advisory council shall be composed of all of the
  234  following members:
  235         1. Two members appointed by the Commissioner of
  236  Agriculture.
  237         2. Two members appointed by the Governor.
  238         3. Two members appointed by the President of the Senate.
  239         4. Two members appointed by the Speaker of the House of
  240  Representatives.
  241         5. The dean for research of the Institute of Food and
  242  Agricultural Sciences of the University of Florida or his or her
  243  designee.
  244         6. The president of Florida Agricultural and Mechanical
  245  University or his or her designee.
  246         7. The executive director of the Department of Law
  247  Enforcement or his or her designee.
  248         8. The president of the Florida Sheriffs Association or his
  249  or her designee.
  250         9. The president of the Florida Police Chiefs Association
  251  or his or her designee.
  252         10. The president of the Florida Farm Bureau Federation or
  253  his or her designee.
  254         11. The president of the Florida Fruit and Vegetable
  255  Association or his or her designee.
  256         (c) The advisory council shall elect by a two-thirds vote
  257  of the members one member to serve as chair of the council.
  258         (d) A majority of the members of the advisory council
  259  constitutes a quorum.
  260         (e) The advisory council shall meet at least once annually
  261  at the call of the chair.
  262         (f) Advisory council members shall serve without
  263  compensation and are not entitled to reimbursement for per diem
  264  or travel expenses.
  265         Section 2. Subsection (3) of section 893.02, Florida
  266  Statutes, is amended to read:
  267         893.02 Definitions.—The following words and phrases as used
  268  in this chapter shall have the following meanings, unless the
  269  context otherwise requires:
  270         (3) “Cannabis” means all parts of any plant of the genus
  271  Cannabis, whether growing or not; the seeds thereof; the resin
  272  extracted from any part of the plant; and every compound,
  273  manufacture, salt, derivative, mixture, or preparation of the
  274  plant or its seeds or resin. The term does not include
  275  “marijuana,” as defined in s. 381.986, if manufactured,
  276  possessed, sold, purchased, delivered, distributed, or
  277  dispensed, in conformance with s. 381.986. The term does not
  278  include hemp as defined in s. 581.217 or industrial hemp as
  279  defined in s. 1004.4473.
  280         Section 3. Paragraph (a) of subsection (2) and subsections
  281  (3) through (7) of section 1004.4473, Florida Statutes, are
  282  amended to read:
  283         1004.4473 Industrial hemp pilot projects.—
  284         (2)(a) The department shall authorize and oversee the
  285  development of industrial hemp pilot projects for the Institute
  286  of Food and Agricultural Sciences at the University of Florida,
  287  Florida Agricultural and Mechanical University, and any land
  288  grant university in the state that has a college of agriculture,
  289  and any Florida College System institution or state university
  290  that has an established agriculture, engineering, or pharmacy
  291  program. The department shall adopt rules as required under the
  292  Agricultural Act of 2014, 7 U.S.C. s. 5940, to implement this
  293  section, including rules for the certification and registration
  294  of sites used for growth or cultivation. The purpose of the
  295  pilot projects is to cultivate, process, test, research, create,
  296  and market safe and effective commercial applications for
  297  industrial hemp in the agricultural sector in this state.
  298         (3) An institution or a university must obtain the
  299  authorization of its board of trustees before implementing an
  300  industrial hemp pilot project. A pilot project authorized by an
  301  institution or a university must be registered with the
  302  department and must comply with rules adopted by the department.
  303         (4) An institution or a university that implements an
  304  industrial hemp pilot project shall develop partnerships with
  305  qualified project partners to attract experts and investors
  306  experienced with agriculture and may develop the pilot project
  307  in partnership with public, nonprofit, and private entities in
  308  accordance with this section and all applicable state and
  309  federal laws.
  310         (5) The research office of an institution or a university
  311  that implements an industrial hemp pilot project shall oversee
  312  the pilot project and ensure compliance with rules adopted by
  313  the department. The office must identify a contact person who is
  314  responsible for oversight of the pilot project and shall adopt
  315  procedures and guidelines to ensure the proper operation of the
  316  pilot project, the proper handling of hemp material and
  317  products, compliance with state and federal law, and the safety
  318  and security of the pilot project facility. At a minimum, the
  319  guidelines must:
  320         (a) Designate the physical location, global positioning
  321  system position, and map of the pilot project facility. Areas
  322  within the facility must be designated as general access or
  323  limited access. An area where hemp material is cultivated,
  324  processed, stored, or packaged or where industrial hemp research
  325  is conducted must be designated as limited access. Limited
  326  access areas must be restricted to entry by qualified program
  327  personnel and authorized visitors accompanied at all times by
  328  qualified program personnel. All other areas of the facility may
  329  be designated as general access and are open to authorized
  330  visitors, regardless of whether accompanied by qualified program
  331  personnel.
  332         (b) Identify the qualified program personnel involved in
  333  the pilot project who meet the requirements of 21 CFR s. 1301.18
  334  pursuant to the Agricultural Act of 2014, 7 U.S.C. s. 5940.
  335         (c) Authorize the qualified program personnel to handle,
  336  grow, cultivate, process, and manufacture hemp materials.
  337         (d) Establish a testing program and protocols to ensure the
  338  proper labeling of hemp material.
  339         (6)  An industrial hemp commercialization project may only
  340  be conducted after an industrial hemp pilot project has been in
  341  place for 2 years to determine if there are any adverse impacts
  342  of hemp cultivation on current indigenous crops in the state.
  343         (6)(7)An institution or a university that implements an
  344  industrial hemp pilot project shall submit a report to the
  345  Governor, the President of the Senate, and the Speaker of the
  346  House of Representatives on the status of its pilot project and
  347  any research related to the cultivation, harvesting, processing,
  348  and uses of industrial hemp. The report must be prepared and
  349  submitted within 2 years after the pilot project is implemented
  350  project’s creation.
  351         Section 4. This act shall take effect July 1, 2019.