The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1676
INTRODUCER: Fiscal Policy Committee, Agriculture Committee, Senator Burton, and others
SUBJECT: Hemp
DATE: April 21, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Becker Becker AG Fav/CS
2. Becker Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1676 makes a number of changes to the regulation of hemp in this state. Specifically,
the bill:
Adds hemp extract to the definition of “food.”
Defines “attractive to children.”
Revises the definition of “hemp” to exempt hemp extract, which may not exceed 0.3 percent
total delta-9-tetrahydrocannabinol on a wet-weight basis.
Modifies how hemp extract may be sold in this state, including:
o Requiring the batch to be processed in a facility that meets certain requirements;
o Requiring it to be sold in a container that meets certain requirements, one of which is that
the container is not attractive to children; and
o Requiring it to only be sold to businesses that meet certain requirements.
Prohibits hemp extract products intended for human ingestion, including, but not limited to,
snuff, gum, and other smokeless products, from being sold to a person who is under 21 years
of age. It provides penalties for a person who violates this prohibition.
Revises the Department of Agriculture and Consumer Services (department) rulemaking
authority to reflect the approval of the state hemp plan and to require the department to adopt
rules relating to the packaging, labeling, and advertising of hemp extract products.
The bill shall take effect July 1, 2023.
BILL: CS/CS/SB 1676 Page 2
II. Present Situation:
Industrial Hemp
Industrial hemp is a Cannabis sativa plant (cannabis) that has been cultivated for approximately
10,000 years as a fiber and grain crop. It is used for fiber, building materials, forages (animal feed),
and pain relief as a topical oil.1
Cannabis
Cannabis is a Schedule I controlled substance.2 It is a felony of the third degree3 to sell,
manufacture, deliver, or possess with intent to sell, manufacture, or deliver, cannabis in Florida.4
As a controlled substance in chapter 893, F.S., “cannabis” is defined to mean: all parts of any plant
of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, F.S., if
manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance
with s. 381.986, F.S., [the Compassionate Medical Cannabis Act of 2014], hemp as defined in
s. 581.217, F.S., [the state hemp program], or industrial hemp as defined in s. 1004.4473, F.S.,
[industrial hemp pilot projects].5
Medical Marijuana
On November 4, 2016, Amendment 2 was approved by the electors and is codified in Article X,
section 29, of the Florida Constitution. This section of the constitution became effective on
January 3, 2017, and created several exemptions from criminal and civil liability for:
Qualifying patients medically using marijuana in compliance with the amendment;
Physicians, solely for issuing physician certifications with reasonable care and in compliance
with the amendment; and
Medical marijuana treatment centers (MMTCs), their agents, and employees for actions or
conduct under the amendment and in compliance with rules promulgated by the Florida
Department of Health.
Subsequently, the Legislature passed SB 8-A in Special Session A of 2017.6 The bill revised the
Compassionate Medical Cannabis Act of 20147 in s. 381.986, F.S., to implement Article X,
section 29 of the Florida Constitution.
The term medical marijuana includes two distinct forms of the plant genus Cannabis:
1
See University of Florida, UF/IFAS Industrial Hemp Pilot Project at: https://programs.ifas.ufl.edu/hemp/ (last visited
March 17, 2023).
2
Section 893.03(1)(c)7., F.S.
3
Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed
5 years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.
4
Section 893.13(1)(a)2., F.S.
5
Section 893.02(3), F.S.
6
Chapter 2017-232, Laws of Fla.
7
Chapter 2014-157, Laws of Fla.
BILL: CS/CS/SB 1676 Page 3
Marijuana without any limitation or restriction on the percentage of THC;8 and
“Low-THC cannabis” in which the percentage of THC is limited to 0.8 percent or less and
has more than 10 percent of cannabidiol9 weight for weight.10
The Coalition for Medical Marijuana Research and Education located at the H. Lee Moffitt Cancer
Center and Research Institute, Inc., is authorized to conduct medical marijuana research and
education.11
A MMTC and a qualified patient or caregiver are specifically exempt from the criminal prohibition
against the possession of cannabis.12
2014 Federal Farm Bill and State Industrial Hemp Pilot Programs
The Agricultural Improvement Act of 2014 (2014 Farm Bill) defined industrial hemp and allowed
state departments of agriculture or universities to grow and produce industrial hemp as part of
research or pilot programs. Specifically, the law allowed universities and state departments of
agriculture to grow or cultivate industrial hemp if:
The industrial hemp is grown or cultivated for purposes of research conducted under an
agricultural pilot program or other agricultural or academic research; and
The growing or cultivating of industrial hemp is allowed under the laws of the state in which
such institution of higher education or state department of agriculture is located and such
research occurs.13
The 2014 Farm Bill defines “industrial hemp” to mean:
…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, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than
0.3 percent on a dry weight basis.14
Section 1004.4473, F.S., authorizes the Florida Department of Agriculture and Consumer Services
(department) to oversee the development of industrial hemp pilot projects for the Institute of Food
and Agricultural Sciences (IFAS) at the University of Florida, Florida Agricultural and Mechanical
University, any land grant university in the state that has a college of agriculture, and any Florida
College System institution or state university that has an established agriculture, engineering, or
8
THC, or tetrahydrocannabinol, is the main active ingredient in cannabis and is responsible for most of the psychological
effects of cannabis.
9
Cannabidiol (CBD) is a chemical compound, known as a cannabinoid, found in cannabis. CBD does not have the same
psychoactivity as THC. See Michael J Breus, Despite What You May Think... CBD Is Not Weed (Sept. 20, 2018), Psychology
Today, available at: https://www.psychologytoday.com/us/blog/sleep-newzzz/201809/despite-what-you-may-think-cbd-is-
not-weed (last visited March 16, 2023).
10
See s. 381.986(1)(e) and (f), F.S.
11
Section 1004.4351, F.S.
12
See s. 381.986(14), F.S.
13
Agricultural Improvement Act of 2014, Pub. L. No. 113-79, s. 7606, 128 Stat. 912 (2014) (codified at 7 U.S.C. s. 5940).
14
Id.
BILL: CS/CS/SB 1676 Page 4
pharmacy program.15 The purpose of the pilot projects is to cultivate, process, test, research, create,
and market safe and effective commercial applications for industrial hemp in the agricultural sector
in this state. The department has adopted a rule addressing safety, compliance, and accountability
and other concerns.16
2018 Federal Farm Bill
In the Agricultural Improvement Act of 2018 (2018 Farm Bill), the U.S. Congress legalized
industrial hemp as an agricultural product by removing hemp’s classification as a controlled
substance.17 The 2018 Farm Bill defines “hemp” to mean:
…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, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than
0.3 percent on a dry weight basis.18
The 2018 Farm Bill allows a state department of agriculture or an Indian tribe to submit a plan to
the United States Secretary of Agriculture and apply for primary regulatory authority over the
production of hemp in their state or tribal territory. A state or tribal plan must include:
A procedure for tracking land upon which hemp will be produced;
Testing methods for determining THC concentration levels of hemp;
Methods for effective disposal of noncompliant products;
Enforcement procedures;
Inspection procedures; and
Certification procedures for the persons authorized to produce hemp producers, test hemp
products, inspect hemp producers, and enforce the provisions of the state or tribal plan.19
State Hemp Program
The state hemp program was created within the department to regulate the cultivation of hemp in
Florida.20
Section 581.217(3)(d), F.S., defines the term “hemp” to mean:
…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,
15
Section 1004.4473(2)(a), F.S.
16
Fla. Admin. Code R. 5B-57.013 (2018).
17
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 12619, 132 Stat. 409 (2018) (codified at
21 U.S.C 802(16)).
18
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C.
s. 1639o).
19
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C.
s. 1639p).
20
See s. 581.217, F.S.
BILL: CS/CS/SB 1676 Page 5
whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that
does not exceed 0.3 percent on a dry-weight basis.
Section 581.217(3)(e), F.S., defines the term “hemp extract” to mean “a substance or compound
intended for ingestion, containing more than trace amounts of cannabinoid, or for inhalation which
is derived from or contains hemp and which does not contain other controlled substances.” The
term does not include synthetic CBD or seeds or seed-derived ingredients that are generally
recognized as safe by the United States Food and Drug Administration.21 Products that are intended
for inhalation and contain hemp extract may not be sold in this state to a person who is under
21 years of age.22
The department was required to seek federal approval of the state plan for the regulation of the
cultivation of hemp with the United States Secretary of Agriculture (USDA) in accordance with
the 2018 Farm Bill within 30 days of adopting rules.23 A license is required to cultivate hemp24
and to obtain a license, a person must apply to the department and submit a full set of fingerprints.25
A person seeking to cultivate hemp must provide the department with a legal land description and
GPS coordinates of where the hemp will be cultivated.26 The department must deny an application
under certain circumstances.27
CDC Health Advisory
In September 2021, the Center for Disease Control (CDC) sent out a Health Alert Network (HAN)
Health Advisory alerting public health departments and the public about the increased availability
of cannabis products containing delta-8-THC and the potential for adverse events due to
insufficient labeling of products containing THC and cannabidiol (CBD). 28 The advisory reports
that there is an increase in delta-8 THC products appearing in both marijuana and hemp
marketplaces and are also available online.29 The advisory suggests that some products containing
delta-8 THC are only labeled as containing delta-9 THC, which leads consumers to underestimate
the psychoactive potential. Consumers may get confused at businesses that sell delta-8 THC in the
same place that sell hemp or CBD, products that are not intoxicating, and may experience
unexpected or increased THC intoxication.30
Delta-8 THC-involved adverse events
In 2021, the American Association of Poison Control Centers (AAPCC) introduced a delta-8 THC
product code into its National Poison Data System (NPDS), to monitor adverse events. From
January 1 to July 31, 2021, 660 delta-8 THC exposures were recorded with the new product code,
and one additional case was recoded as a delta-8 THC exposure from October 2020. Eighteen
21
Section 581.219(3)(e), F.S.
22
Section 581.217(7)(c), F.S.
23
Section 581.217(4), F.S.
24
Section 581.217(5)(a), F.S.
25
Section 581.217(5)(b), F.S.
26
Section 581.217(5)(d), F.S.
27
Section 581.217(5)(e), F.S.
28
See https://emergency.cdc.gov/han/2021/pdf/CDC_HAN__451.pdf (last visited March 17, 2023).
29
Id.
30
Id.
BILL: CS/CS/SB 1676 Page 6
percent of exposures (119 of 661 cases) required hospitalization, and 39% (258 of 661 cases)
involved pediatric patients less than 18 years of age.31
The advisory warned that delta-8 intoxication can cause adverse effects similar to those observed
during delta-9 THC intoxication, which may include:
Lethargy,
Uncoordinated movements and decreased psychomotor activity,
Slurred speech,
Increased heart rate progressing to slowed heart rate,
Low blood pressure,
Difficulty breathing,
Sedation, and
Coma.32
CDC Recommendations
The CDC also provided recommendations for consumers, public health departments/poison
control centers, retailers and healthcare providers. The recommendations included, but are not
limited to:
Consumers should be aware of possible limitations in the labeling of products containing THC
and CBD even from approved marijuana and hemp retailers. Products reporting only delta-9
THC concentration, but not total THC, may underestimate the psychoactive potential for
consumers.
Consumers should be aware that products labeled as hemp or CBD may contain delta-8 THC,
and that products containing delta-8 THC can result in psychoactive effects. Delta-8 THC
products are currently being sold in many states, territories, and tribal nations where non-
medical adult cannabis use is not permitted by law. In addition, retailers may sell products
outside of regulated dispensaries in states, territories, and tribal nations where cannabis use is
permitted by law. This may provide consumers with a false sense of safety, as delta-8 THC
products may be labeled as hemp or CBD, which consumers may not associate with
psychoactive ingredients.
States, territories, and tribal nations that have passed laws allowing non-medical use of adult
cannabis or that may allow such use in the future may consider requiring the reporting of total
THC content, including ingredients like delta-8 THC and other compounds that may be
synthetically produced, on product labeling.
Retailers selling cannabis products should report total THC content on product labeling,
including ingredients like delta-8 THC that may be synthetically produced to create a
psychoactive effect.
Healthcare providers should be vigilant in observing patients presenting with THC-like
intoxication symptoms who do not report an exposure to marijuana or history of use.
Symptomatic patients shoul