"Ethics is knowing the difference between what you have a right to do and what is right to do."
FLORIDA LEGALIZES HEMP
Separates Hemp and Hemp Derivatives from Cannabis.
Allows government bodies to create regulations and licensing for cultivation, production, manufacturing, distribution, and sale of Hemp and Hemp Derivatives.
WHERE THE GOVERNMENT STANDS
Meet the public officials in the State.
See who's on your side.
Statutes & Regulation
The Florida Department of Agriculture has moved forward with issuing permits for Hemp Cultivation and Hemp in Food Products.
You can access the applications for Hemp Food Permits and Cultivation Permits below:
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
(1) CREATION AND PURPOSE.—The state hemp program is created within the department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of the cultivation of hemp for purposes of 7 U.S.C. s. 1639p.
(2) LEGISLATIVE FINDINGS.—The Legislature finds that:
(a) Hemp is an agricultural commodity.
(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.
(3) DEFINITIONS.—As used in this section, the term:
(a) “Certifying agency” has the same meaning as in s. 578.011(8).
(b) “Contaminants unsafe for human consumption” includes, but is not limited to, any microbe, fungus, yeast, mildew, herbicide, pesticide, fungicide, residual solvent, metal, or other contaminant found in any amount that exceeds any of the accepted limitations as determined by rules adopted by the Department of Health in accordance with s. 381.986, or other limitation pursuant to the laws of this state, whichever amount is less.
(c) “Cultivate” means planting, watering, growing, or harvesting hemp.
(d) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.
(e) “Hemp extract” means a substance or compound intended for ingestion that is derived from or contains hemp and that does not contain other controlled substances.
(f) “Independent testing laboratory” means a laboratory that:
1. Does not have a direct or indirect interest in the entity whose product is being tested;
2. Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells hemp or hemp extract in the state or in another jurisdiction or cultivates, processes, distributes, dispenses, or sells marijuana, as defined in s. 381.986; and
3. Is accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization.
(4) FEDERAL APPROVAL.—The department shall seek approval of the state plan for the regulation of the cultivation of hemp with the United States Secretary of Agriculture in accordance with 7 U.S.C. s. 1639p within 30 days after adopting rules. If the state plan is not approved by the United States Secretary of Agriculture, the Commissioner of Agriculture, in consultation with and with final approval from the Administration Commission, shall develop a recommendation to amend the state plan and submit the recommendation to the Legislature.
(a) It is unlawful for a person to cultivate hemp in this state without a license issued by the department.
(b) A person seeking to cultivate hemp must apply to the department for a license on a form prescribed by the department and must submit a full set of fingerprints to the department along with the application.
1. The department shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing.
2. Fingerprints submitted to the Department of Law Enforcement pursuant to this paragraph must be retained by the Department of Law Enforcement as provided in s. 943.05(2)(g) and (h) and must be retained as provided in s. 943.05(4) when the Department of Law Enforcement begins participation in the Federal Bureau of Investigation’s national retained fingerprint arrest notification program.
3. Any arrest record identified shall be reported to the department.
(c) The department shall adopt rules establishing procedures for the issuance and annual renewal of a hemp license.
(d) A person seeking to cultivate hemp must provide to the department the legal land description and global positioning coordinates of the area where hemp will be cultivated.
(e) The department shall deny the issuance of a hemp license to an applicant, or refuse to renew the hemp license of a licensee, if the department finds that the applicant or licensee:
1. Has falsified any information contained in an application for a hemp license or hemp license renewal; or
2. Has been convicted of a felony relating to a controlled substance under state or federal law. A hemp license may not be issued for 10 years following the date of the conviction.
(6) HEMP SEED.—A licensee may only use hemp seeds and cultivars certified by a certifying agency or a university conducting an industrial hemp pilot project pursuant to s. 1004.4473.
(7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—Hemp extract may only be distributed and sold in the state if the product:(a) Has a certificate of analysis prepared by an independent testing laboratory that states:
1. The hemp extract is the product of a batch tested by the independent testing laboratory;
2. The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis pursuant to the testing of a random sample of the batch; and
3. The batch does not contain contaminants unsafe for human consumption.
(b) Is distributed or sold in packaging that includes:
1. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory;
2. The batch number;
3. The Internet address of a website where batch information may be obtained;
4. The expiration date;
5. The number of milligrams of hemp extract; and
6. A statement that the product contains a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.
(8) LAND REGISTRY.—The department shall maintain a registry of land on which hemp is cultivated or has been cultivated within the past 3 calendar years, including the global positioning coordinates and legal land description for each location.
(9) DEPARTMENT REPORTING.—The department shall submit monthly to the United States Secretary of Agriculture a report of the locations in the state where hemp is cultivated or has been cultivated within the past 3 calendar years. The report must include the contact information for each licensee.
(10) VIOLATIONS.—(a) A licensee must complete a corrective action plan if the department determines that the licensee has negligently violated this section or department rules, including negligently:
1. Failing to provide the legal land description and global positioning coordinates pursuant to subsection (5);
2. Failing to obtain a proper license or other required authorization from the department; or
3. Producing Cannabis sativa L. that has a total delta-9-tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry-weight basis.
(b) The corrective action plan must include:
1. A reasonable date by which the licensee must correct the negligent violation; and
2. A requirement that the licensee periodically report to the department on compliance with this section and department rules for a period of at least 2 calendar years after the date of the violation.
(c) A licensee who negligently violates the corrective action plan under this subsection three times within 5 years is ineligible to cultivate hemp for 5 years following the date of the third violation.
(d) If the department determines that a licensee has violated this section or department rules with a culpable mental state greater than negligence, the department shall immediately report the licensee to the Attorney General and the United States Attorney General.
(a) The department shall enforce this section.
(b) Every state attorney, sheriff, police officer, and other appropriate county or municipal officer shall enforce, or assist any agent of the department in enforcing, this section and rules adopted by the department.
(c) The department, or its agent, is authorized to enter any public or private premises during regular business hours in the performance of its duties relating to hemp cultivation.
(d) The department shall conduct random inspections, at least annually, of each licensee to ensure that only certified hemp seeds are being used and that hemp is being cultivated in compliance with this section.
(12) RULES.—By August 1, 2019, the department, in consultation with the Department of Health and the Department of Business and Professional Regulation, shall initiate rulemaking to administer the state hemp program. The rules must provide for:
(a) A procedure that uses post-decarboxylation or other similarly reliable methods for testing the delta-9-tetrahydrocannabinol concentration of cultivated hemp.
(b) A procedure for the effective disposal of plants, whether growing or not, that are cultivated in violation of this section or department rules, and products derived from those plants.
(13) APPLICABILITY.—Notwithstanding any other law:
(a) This section does not authorize a licensee to violate any federal or state law or regulation.
(b) This section does not apply to a pilot project developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
(c) A licensee who negligently violates this section or department rules is not subject to any criminal or civil enforcement action by the state or a local government other than the enforcement of violations of this section as authorized under subsection (10).
(14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp Advisory Council, an advisory council as defined in s. 20.03, is established to provide advice and expertise to the department with respect to plans, policies, and procedures applicable to the administration of the state hemp program.
(a) The advisory council is adjunct to the department for administrative purposes.
(b) The advisory council shall be composed of all of the following members:
1. Two members appointed by the Commissioner of Agriculture.
2. Two members appointed by the Governor.
3. Two members appointed by the President of the Senate.
4. Two members appointed by the Speaker of the House of Representatives.
5. The dean for research of the Institute of Food and Agricultural Sciences of the University of Florida or his or her designee.
6. The president of Florida Agricultural and Mechanical University or his or her designee.
7. The executive director of the Department of Law Enforcement or his or her designee.
8. The president of the Florida Sheriffs Association or his or her designee.
9. The president of the Florida Police Chiefs Association or his or her designee.
10. The president of the Florida Farm Bureau Federation or his or her designee.
11. The president of the Florida Fruit and Vegetable Association or his or her designee.
(c) The advisory council shall elect by a two-thirds vote of the members one member to serve as chair of the council.
(d) A majority of the members of the advisory council constitutes a quorum.
(e) The advisory council shall meet at least once annually at the call of the chair.
(f) Advisory council members shall serve without compensation and are not entitled to reimbursement for per diem or travel expenses.
(1) Products. Hemp or Hemp Extract intended to be ingested is a Food as defined in Section 500.03, F.S., and are subject to the requirements of Chapter 500, F.S., and Rules 5K-4.002; 5K-4.004; 5K-4.020; 5K-4.021, and 5K-4.035, F.A.C., in addition to the requirements of this rule.
(2) Definitions. The definitions provided in Sections 500.03 and 581.217, F.S., and the following shall apply to this rule:
(a) “Approved Source” for the purposes of this rule means a food establishment manufacturing, processing, packing, holding, or preparing food or selling food at wholesale or retail that meets local, state, or federal food safety standards from the jurisdiction of origin.
(b) “Batch Number” or “Lot Number” means the Hemp Extract produced during a period of time under similar conditions and identified by a specific code that allows traceability.
(c) “Expiration Date” means the month and year as determined by the manufacturer, packer, or distributor on the basis of tests or other information showing that the product, until that date, under the conditions of handling, storage, preparation, and use per label directions, will when consumed, contain not less than the quantity of each ingredient as set forth on its label.
(d) “Hemp” is defined in Section 581.217(3)(d), F.S.
(e) “Hemp Extract” is defined in Section 581.217(3)(e), F.S. Hemp Extract does not include any material, compound, mixture or preparation that contains any quantity of Synthetic Cannabinoids as defined in Section 893.03(1)(c)190., F.S.
(f) “Hemp Food Establishment” means an establishment as defined in Section 500.03(1)(p), F.S., manufacturing, processing, packing, holding, preparing, or selling Food consisting of or containing Hemp Extract at wholesale or retail.
(g) “Ingestion” means the process of taking Food into the body through the mouth and into the gastrointestinal tract through eating or drinking.
(h) “Total delta-9 tetrahydrocannabinol concentration” means [delta-9 tetrahydrocannabinol] + (0.877 x [tetrahydrocannabinolic acid]).
(3) Food Permit Fees. Hemp Food Establishments shall obtain a food permit as required in Rule 5K-4.020, F.A.C., and shall pay an annual fee of $650.
(a) Food consisting of or containing Hemp or Hemp Extract must be obtained from an Approved Source. The Hemp Food Establishment shall provide to the department, upon request, a valid food license/permit and the most recent food safety inspection report from the Approved Source.
(b) Food consisting of or containing Hemp Extract may not be manufactured, processed, packed, held, prepared, or sold under the Cottage Food Operations Law in Section 500.80, F.S.
(c) If a Food is considered a Potentially Hazardous Food (PHF) or a Food requiring Time and Temperature Control for Safety (TCS Food) as defined in Rule 5K-4.0010, F.A.C., it must be stored in accordance with Rule 5K-4.002, F.A.C. All Food products consisting of or containing Hemp Extract must be packaged in containers minimizing the exposure to light to prevent degradation of the Cannabinoids.
(d) Food consisting of or containing Hemp Extract shall not contain a Total delta-9 tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis.
(5) Contaminants. In addition to the requirements listed in Chapter 500, F.S., and Rule 5K-4.002, F.A.C., Food consisting of or containing Hemp Extract shall be considered adulterated pursuant to Section 500.10(1)(a), F.S., if contaminants are detected at levels greater than those listed in this rule.
(a) Pesticide Limits. The following list of contaminants does not constitute authorization to use or apply any of the following during Hemp cultivation or processing.
1. Abamectin, 300 parts per billion.
2. Acephate, 3,000 parts per billion.
3.Acequinocyl, 2,000 parts per billion.
4. Acetamiprid, 3,000 parts per billion.
5. Aldicarb, 100 parts per billion.
6. Azoxystrobin, 3,000 parts per billion.
7. Bifenazate, 3,000 parts per billion.
8. Bifenthrin, 500 parts per billion.
9. Boscalid, 3,000 parts per billion.
10. Captan, 3,000 parts per billion.
11. Carbaryl, 500 parts per billion.
12. Carbofuran, 100 parts per billion.
13. Chlorantraniliprole, 3,000 parts per billion.
14. Chlordane, 100 parts per billion.
15. Chlorfenapyr, 100 parts per billion.
16. Chlormequat chloride, 3,000 parts per billion
17. Chlorpyrifos, 100 parts per billion.
18. Clofentezine, 500 parts per billion.
19. Coumaphos, 100 parts per billion.
20. Cyfluthrin, 1,000 parts per billion.
21. Cypermethrin, 1,000 parts per billion.
22. Daminozide, 100 parts per billion.
23. DDVP (Dichlorvos), 100 parts per billion.
24. Diazinon, 200 parts per billion.
25. Dimethoate, 100 parts per billion.
26. Dimethomorph, 3,000 parts per billion.
27. Ethoprop(hos), 100 parts per billion.
28. Etofenprox, 100 parts per billion.
29. Etoxazole, 1,500 parts per billion.
30. Fenhexamid, 3,000 parts per billion.
31. Fenoxycarb, 100 parts per billion.
32. Fenpyroximate, 2,000 parts per billion.
33. Fipronil, 100 parts per billion.
34. Flonicamid, 2,000 parts per billion.
35. Fludioxonil, 3,000 parts per billion.
36. Hexythiazox, 2,000 parts per billion.
37. Imazalil, 100 parts per billion.
38. Imidacloprid, 3,000 parts per billion.
39. Kresoxim-methyl, 1,000 parts per billion.
40. Malathion, 2,000 parts per billion.
41. Metalaxyl, 3,000 parts per billion.
42. Methiocarb, 100 parts per billion.
43. Methomyl, 100 parts per billion.
44. Methyl parathion, 100 parts per billion.
45. Mevinphos, 100 parts per billion.
46. Myclobutanil, 3,000 parts per billion.
47. Naled, 500 parts per billion.
48. Oxamyl, 500 parts per billion.
49. Paclobutrazol, 100 parts per billion.
50. Pentachloronitrobenzene, 200 parts per billion.
51. Permethrin, 1,000 parts per billion.
52. Phosmet, 200 parts per billion.
53. Piperonyl butoxide, 3,000 parts per billion.
54. Prallethrin, 400 parts per billion.
55. Propiconazole, 1,000 parts per billion.
56. Propoxur, 100 parts per billion.
57. Pyrethrins, 1,000 parts per billion.
58. Pyridaben, 3,000 parts per billion.
59. Spinetoram, 3,000 parts per billion.
60. Spinosad A & D, 3,000 parts per billion.
61. Spiromesifen, 3,000 parts per billion.
62. Spirotetramat, 3,000 parts per billion.
63. Spiroxamine, 100 parts per billion.
64. Tebuconazole, 1,000 parts per billion.
65. Thiacloprid, 100 parts per billion.
66. Thiamethoxam, 1,000 parts per billion.
67. Trifloxystrobin, 3,000 parts per billion.
(b) Residual Solvent Limits.
1. 1,2-Dichloroethene, 5 parts per million
2. 1,1-Dichloroethene, 8 parts per million
3. Acetone, 5,000 parts per million
4. Acetonitrile, 410 parts per million
5. Benzene, 2 parts per million
6. Butane, 2,000 parts per million
7. Chloroform, 60 parts per million
8. Ethanol, 5,000 parts per million
9. Ethyl Acetate, 5,000 parts per million
10. Ethyl Ether, 5,000 parts per million
11. Ethylene Oxide, 5 parts per million
12. Heptane, 5,000 parts per million
13. Hexane, 290 parts per million
14. Isopropyl Alcohol, 500 parts per million
15. Methanol, 3,000 parts per million
16. Methylene Chloride, 600 parts per million
17. Pentane, 5,000 parts per million
18. Propane, 2,100 parts per million
19. Toluene, 890 parts per million
20. Trichloroethylene (1,1,2-Trichloroethene), 80 parts per million
21. Xylenes, Total (ortho-, meta-, para-), 2170 parts per million
(c) Metals Limits.
1. Cadmium, 0.5 micrograms/gram.
2. Lead, 0.5 micrograms/gram.
3. Arsenic, 1.5 micrograms/gram.
4. Mercury, 3.0 micrograms/gram.
(d) Biological Limits.
1. Shiga toxin-producing Escherichia coli (STEC E. coli) and other pathogenic E. coli, none present.
2. Listeria monocytogenes, none present.
3. Salmonella, none present.
(e) Mycotoxin Limits.
1. Total Aflatoxin (B1, B2, G1, G2), 20 parts per billion.
2. Ochratoxin, 20 parts per billion.
(f) Cannabinoid Limits. Total delta-9 tetrahydrocannabinol concentration shall not exceed 0.3% on a dry weight basis.
(g) If a testing sample is found to contain levels of any pathogen, toxicant, residual solvent, metal, or pesticide not enumerated in this rule or by Florida law, then the Food shall be considered adulterated.
(a) Food consisting of or containing Hemp Extract must be labeled as required by Chapter 500, F.S., Section 581.217(7), F.S., and 21 CFR 101, as incorporated by reference in Section 5K-4.002(4), F.A.C., and must declare the number of milligrams of Hemp Extract.
(b) If specific cannabinoids are marketed, the number of milligrams of each cannabinoid per serving must be declared on the label. The serving size shall be displayed on the nutrition facts label of the product.
(c) The label and advertisement shall not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease, rendering it a drug as defined in 21 U.S.C. 321(g)(1). Pursuant to Section 500.03(1)(n)4., F.S., such articles are not considered Food and shall be considered misbranded as Food.
(a) Laboratory samples found to contain more than a Total delta-9 tetrahydrocannabinol concentration of 0.3% on a dry weight basis shall be disposed of in accordance with 21 CFR 1317. 21 CFR 1317 (Revised April 1, 2019) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11452.
(b) Food containing a Total delta-9 tetrahydrocannabinol concentration that exceeds 0.3% on a dry weight basis shall be detained pursuant to Section 500.172, F.S. Food containing a Total delta-9 tetrahydrocannabinol concentration that exceeds 0.3% on a dry weight basis which has been detained pursuant to Section 500.172, F.S. shall not be further subdivided or renumbered such that the integrity of the lot is not maintained. The establishment shall not dispose of the Food in any manner until written permission is given by the department or a court of competent jurisdiction.
(c) Upon receipt of written permission by the department or a court of competent jurisdiction, the Food shall be disposed of in accordance with the Hemp Waste Disposal Manual FDACS-08115, 10/19, incorporated in paragraph 5B-57.014(6)(b), F.A.C., or in a manner approved by a court of competent jurisdiction. Upon destruction of the product, the Hemp Food Establishment shall notify the department via Notice of Disposal FDACS-14419, 10/19, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11458.
(8) Penalties. Violations of this rule will be evaluated and penalties imposed in accordance with Rule 5K-4.035, F.A.C.
Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.172, 581.217 FS. History–New 1-1-20.