PCS for HB 7027 — Act Relating to Hemp Consumable THC Products (Commerce Committee, 2025)
Summary
PCS for HB 7027 2025 is a bill to be entitled an act relating to hemp consumable THC products. It revises the definition of "food" in the Florida Statutes and the definitions in the state hemp program, and provides for distribution and retail sale of hemp consumable THC products, rulemaking by the Department of Agriculture and Consumer Services, and certification of independent laboratories. Created sections cover mail order, Internet and remote sales, seizure and destruction of contraband products, and a prohibition on ingestion near school properties. Section 9 amends the provision on retail nicotine product dealers so that the division may assess an administrative fine of up to $1,000 against a dealer for each violation.
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“PCS for HB 7027 — Act Relating to Hemp Consumable THC Products (Commerce Committee, 2025).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 7027 2025
1 A bill to be entitled
2 An act relating to hemp consumable THC products;
3 amending s. 500.03, F.S.; revising the definition of
4 the term "food"; amending s. 581.217, F.S.; revising
5 and providing definitions; providing for the
6 distribution and retail sale of hemp consumable THC
7 products; authorizing the Department of Agriculture
8 and Consumer Services to adopt rules; providing
9 penalties; providing for the certification of
10 independent laboratories by the department;
11 authorizing the department to take certain actions
12 against licensees and permittees; creating s. 581.218,
13 F.S.; providing definitions; providing for mail order,
14 Internet, and remote sales of hemp consumable THC
15 products; providing penalties; creating s. 581.219,
16 F.S.; providing for the seizure and destruction of
17 contraband hemp consumable THC products; creating s.
18 581.220, F.S.; prohibiting the ingestion of hemp
19 consumable THC products near school properties;
20 providing exceptions; providing penalties; amending
21 ss. 565.04 and 565.045, F.S.; authorizing specified
22 businesses to sell hemp consumable THC products;
23 amending ss. 569.006 and 569.35, F.S.; conforming
24 provisions to changes made by the act; providing
25 effective dates.
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26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (n) of subsection (1) of section
30 500.03, Florida Statutes, is amended to read:
31 500.03 Definitions; construction; applicability.—
32 (1) For the purpose of this chapter, the term:
33 (n) "Food" includes:
34 1. Articles used for food or drink for human consumption;
35 2. Chewing gum;
36 3. Articles used for components of any such article;
37 4. Articles for which health claims are made, which claims
38 are approved by the Secretary of the United States Department of
39 Health and Human Services and which claims are made in
40 accordance with s. 343(r) of the federal act, and which are not
41 considered drugs solely because their labels or labeling contain
42 health claims;
43 5. Dietary supplements as defined in 21 U.S.C. s.
44 321(ff)(1) and (2); and
45 6. Hemp consumable THC products extract as defined in s.
46 581.217(3) s. 581.217.
47
48 The term includes any raw, cooked, or processed edible
49 substance; ice; any beverage; or any ingredient used, intended
50 for use, or sold for human consumption.
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51 Section 2. Subsections (10) through (13) of section
52 581.217, Florida Statutes, are renumbered as subsections (11)
53 through (14), respectively, subsections (3) and (7) and present
54 subsections (10), (12), and (13) are amended, and a new
55 subsection (10) is added to that section, to read:
56 581.217 State hemp program.—
57 (3) DEFINITIONS.—As used in this section, the term:
58 (a) "Attractive to children" means manufactured in the
59 shape of or packaged in containers or packages displaying
60 humans, cartoons, or animals, toys, or other similar features
61 that target children; manufactured in a form or packaged in a
62 container or package that bears any reasonable resemblance to an
63 existing candy or snack product that is familiar to the public;
64 manufactured in a form or packaged in a container or package
65 that bears any reasonable resemblance to a as a widely
66 distributed, branded food product such that the a product could
67 be mistaken for the branded food product, especially by
68 children; or containing any color additives.
69 (b) "Certifying agency" has the same meaning as in s.
70 578.011(8).
71 (c) "Cigarette" means any roll for smoking that contains
72 any hemp consumable THC products.
73 (d) “Consumer” means the end user of a hemp consumable THC
74 product who is a person in this state who comes into possession
75 of any hemp consumable THC products and who, at the time of
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76 possession, does not intend to sell or distribute the hemp
77 consumable THC products or is not a retailer.
78 (e)(c) "Contaminants unsafe for human consumption"
79 includes, but is not limited to, any microbe, fungus, yeast,
80 mildew, herbicide, pesticide, fungicide, residual solvent,
81 metal, or other contaminant found in any amount that exceeds any
82 of the accepted limitations as determined by rules adopted by
83 the Department of Health in accordance with s. 381.986, or other
84 limitation pursuant to the laws of this state, whichever amount
85 is less.
86 (f)(d) "Cultivate" means planting, watering, growing, or
87 harvesting hemp.
88 (g)(e) "Hemp" means the plant Cannabis sativa L. and any
89 part of that plant, including the seeds thereof, and all
90 derivatives, extracts, cannabinoids, isomers, acids, salts, and
91 salts of isomers thereof, whether growing or not, that has a
92 total delta-9-tetrahydrocannabinol concentration that does not
93 exceed 0.3 percent on a dry-weight basis, with the exception of
94 hemp consumable THC products extract, which may not exceed 0.3
95 percent total delta-9-tetrahydrocannabinol on a wet-weight
96 basis.
97 (h) "Hemp consumable THC product" means a substance or
98 compound intended for ingestion or inhalation, containing more
99 than trace amounts of a cannabinoid which is derived from,
100 consists of, or contains hemp or psychotropic cannabinoids. A
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101 hemp consumable THC product may not contain controlled
102 substances listed in 893.03. The term does not include synthetic
103 cannabidiol or seeds or seed-derived ingredients that are
104 generally recognized as safe by the United States Food and Drug
105 Administration or marijuana used for medical purposes under s.
106 381.986.
107 (f) "Hemp extract" means a substance or compound intended
108 for ingestion, containing more than trace amounts of a
109 cannabinoid, or for inhalation which is derived from or contains
110 hemp and which does not contain controlled substances. The term
111 does not include synthetic cannabidiol or seeds or seed-derived
112 ingredients that are generally recognized as safe by the United
113 States Food and Drug Administration.
114 (i)(g) "Independent testing laboratory" means a laboratory
115 that:
116 1. Does not have a direct or indirect interest in the
117 entity whose product is being tested;
118 2. Does not have a direct or indirect interest in a
119 facility that cultivates, processes, distributes, dispenses, or
120 sells hemp or hemp consumable THC products extract in the state
121 or in another jurisdiction or cultivates, processes,
122 distributes, dispenses, or sells marijuana, as defined in s.
123 381.986; and
124 3. Is certified by the Department of Health as a medical
125 marijuana testing laboratory pursuant to s. 381.988 or is
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126 certified by the department pursuant to subsection (10) as being
127 substantially equivalent to a medical marijuana testing
128 laboratory accredited by a third-party accrediting body as a
129 competent testing laboratory pursuant to ISO/IEC 17025 of the
130 International Organization for Standardization.
131 (j) “Inhalable” means any hemp consumable THC product
132 consumed through the mouth or nasal passages into the
133 respiratory system, including, cigarettes, vapor or aerosol
134 produced from vapor-generated electronic devices, and hemp
135 flower.
136 (k) “Logo” means a design, image, phrase, symbol, or
137 trademark used by an entity to identify or advertise its
138 products.
139 (l) "Manufacturer" means any person or entity that engages
140 in the process of manufacturing, preparing, or packaging hemp
141 consumable THC products. The term also includes any person or
142 entity involved in hemp extraction.
143 (m) “Non-psychotropic cannabinoid” means any cannabinoid,
144 including synthetic cannabinoids, that does not cause a
145 psychotropic effect when ingested or inhaled. The term includes
146 cannabidiol and any other cannabinoid defined as non-
147 psychotropic by department rule.
148 (n) “Psychotropic cannabinoid” means any cannabinoid,
149 including synthetic cannabinoids, that causes or may cause a
150 psychotropic effect when ingested or inhaled. The term includes
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151 delta-8-tetrahydrocannabinol, delta-10-tetrahydrocannabinol,
152 hexahydrocannabinol, tetrahydrocannabinol acetate,
153 tetrahydrocannabiphorol, tetrahydrocannabivarin, and any other
154 cannabinoid defined as psychotropic by department rule.
155 (o) "Retailer" means any person or entity that sells hemp
156 consumable THC products to consumers.
157 (p) “Synthetic cannabinoid” means any cannabinoid created
158 by any process, other than a direct derivative from hemp and
159 without further reacting with other chemicals to increase the
160 concentration of a present cannabinoid or to create a new or
161 different cannabinoid not originally found in the extract or
162 hemp plant.
163 (q) "Vapor-generating electronic device" means any device
164 or product that employs an electronic, chemical, or mechanical
165 means of producing vapor or aerosol from a hemp consumable THC
166 product or any other substance, including, but not limited to,
167 an electronic cigarette, electronic cigar, electronic cigarillo,
168 electronic pipe, or other similar device or product; any
169 replacement cartridge for such device or product; and any other
170 container of a solution or other substance intended to be used
171 with or within such device or product.
172 (r) "Wholesaler" means any person or entity located within
173 or outside this state which delivers or sells hemp consumable
174 THC products to retailers or other persons for purposes of
175 resale.
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176 (7) DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC
177 PRODUCTS EXTRACT.—
178 (a) Hemp consumable THC products extract may only be
179 distributed and sold in the state if the product in its final
180 form for sale at retail:
181 1. Has a certificate of analysis prepared by an
182 independent testing laboratory that states all of the following:
183 a. The hemp consumable THC product in its final form for
184 sale at retail was extract is the product of a batch tested by
185 the independent testing laboratory.;
186 b. The product in its final form for sale at retail batch
187 contained a total delta-9-tetrahydrocannabinol concentration
188 that did not exceed 0.3 percent pursuant to the testing of a
189 random sample of the product in its final form for sale at
190 retail. batch;
191 c. The product in its final form for sale at retail
192 contained hemp and psychotropic cannabinoids that did not exceed
193 the limitations in paragraph (b).
194 d.c. The product in its final form for sale at retail
195 batch does not contain contaminants unsafe for human
196 consumption.; and
197 e. The product in its final form for sale at retail was
198 tested for and shows the results for each of the following as
199 provided by department rule:
200 (I) Cannabinoids.
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201 (II) Heavy metals.
202 (III) Mycotoxins.
203 (IV) Pesticides.
204 (V) Residual solvents.
205 (VI) Any other controlled substance listed in s. 893.03.
206 f.d. The product in its final form for sale at retail
207 batch was processed in a facility that holds a current and valid
208 permit issued by a human health or food safety regulatory entity
209 with authority over the facility, and that facility meets the
210 human health or food safety sanitization requirements of the
211 regulatory entity. Such compliance must be documented by a
212 report from the regulatory entity confirming that the facility
213 meets such requirements.
214 g. The entity that hired the independent testing agency to
215 test the hemp consumable THC product in its final form for sale
216 at retail. Manufacturers, wholesalers, and retailers are
217 required to have their hemp consumable THC products tested by an
218 independent testing laboratory in compliance with this
219 paragraph. A wholesaler or retailer is not required to have its
220 hemp consumable THC products tested if the product:
221 (I) Is packaged in a manner that may be sold to the
222 consumer when the wholesaler or retailer receives the product
223 from the manufacturer or wholesaler;
224 (II) Was tested in accordance with this paragraph by the
225 manufacturer or wholesaler; and
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226 (III) Has not been opened by the wholesaler or retailer.
227 2. Is distributed or sold in a container and package that
228 includes:
229 a. A scannable barcode or quick response code linked to
230 the certificate of analysis of the hemp consumable THC product
231 extract batch by an independent testing laboratory;
232 b. The hemp consumable THC product batch number;
233 c. The Internet address of a website where hemp consumable
234 THC product batch information may be obtained;
235 d. The expiration date of the hemp consumable THC product;
236 and
237 e. The total number of milligrams of cannabinoids in the
238 container and package and the number of milligrams of
239 cannabinoids each marketed cannabinoid per serving in a clear
240 and conspicuous manner.
241 f. The toll-free telephone number for the national Poison
242 Help line.
243 3. Is distributed or sold in a container and package that:
244 a. Is suitable to contain products for human consumption;
245 b. Is composed of materials designed to minimize exposure
246 to light;
247 c. Mitigates exposure to high temperatures;
248 d. Is a single color and not transparent. However, the
249 universal symbol, scannable barcode, quick response code, and
250 any text must be a different color than the container and
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251 package. Any text must be black or white. This sub-subparagraph
252 does not apply to beverage containers and packages;
253 e. Does not contain any pictures or images other than a
254 single logo, which may not be attractive to children and may not
255 cover more than 20 percent of the container or package. This
256 sub-subparagraph does not apply to beverage containers and
257 packages. However, beverage containers and packages may not
258 contain a logo that is attractive to children;
259 f. Does not contain any text, pictures, or images that
260 directly or indirectly markets the product as causing or may
261 cause an intoxicating or psychotropic effect. This sub-
262 subparagraph does not apply to the warning and symbol
263 requirements provided in sub-subparagraphs g. and h.;
264 g. Contains a clear and conspicuous warning on the front
265 of the package and container which is developed by the
266 department and states the product contains cannabinoids. The
267 warning is not required for hemp consumable THC products that
268 only contain non-psychotropic cannabinoids;
269 h. Contains a hemp consumable THC product universal symbol
270 as provided in ASTM D8441/D8441M-22;
271 i.d. Is not attractive to children; and
272 j.e. Is compliant with the United States Poison Prevention
273 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
274 regard to provided exemptions. However, for purposes of this
275 sub-subparagraph, a beverage in a sealed container is considered
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276 compliant.
277 (b) Hemp consumable THC products may only be sold at
278 retail in the following consumable forms and subject to the
279 following limitations:
280 1. Beverages, which may not:
281 a. Contain a ratio of more than 5 milligrams of hemp and
282 psychotropic cannabinoids per 6 fluid ounces.
283 b. Be in a container that holds more than 10 milligrams of
284 hemp and psychotropic cannabinoids.
285 c. Be in a package that contains more than 100 miligrams
286 of hemp and psychotropic cannabinoids.
287 2. Inhalables, which may not:
288 a. Contain a ratio of more than 2.5 milligrams of hemp and
289 psychotropic cannabinoids per gram.
290 b. Contain more than 5 milligrams of hemp and psychotropic
291 cannabinoids per inhalable.
292 c. Be in a package that contains more than 100 miligrams
293 of hemp and psychotropic cannabinoids.
294 3. Edibles, which may not:
295 a. Contain a ratio of more than 2.5 milligrams of hemp and
296 psychotropic cannabinoids per gram.
297 b. Contain more than 5 milligrams of hemp and psychotropic
298 cannabinoids per edible.
299 c. Be in a package that contains more than one 100
300 milligrams of hemp and psychotropic cannabinoids.
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301 (c) Paragraph (b) does not apply to non-psychotropic
302 cannabinoids.
303 (d) The retail sale and delivery of hemp consumable THC
304 products for off premises consumption is prohibited, except:
305 1. At establishments that have a food permit from the
306 department and prohibit the presence of persons under 21 years
307 of age on the establishment's premises;
308 2. At establishments that have a food permit from the
309 department and have a quota license issued under s.
310 565.02(1)(a)-(f). Establishments with a quota license issued
311 under s. 565.02(1)(a)-(f) which allow the presence of persons
312 under 21 years of age on the establishment's premises must place
313 hemp consumable THC products, not including beverages, in an
314 area inaccessible to customers. Such establishments may place
315 hemp consumable THC products, not including beverages, in an
316 open display unit as long as the unit is located in an area that
317 is inaccessible to customers;
318 3. At establishments that have a food permit from the
319 department, allow the presence of persons under 21 years of age
320 on the establishments premises, and have a permit or license
321 issued by the Division of Alcoholic Beverages and Tobacco of the
322 Department of Business and Professional Regulation but do not
323 have a quota license issued under s. 565.02(1)(a)-(f). Such
324 establishments may only sell hemp consumable THC beverages,
325 which must be in an area inaccessible to customers. Such
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326 establishments may place hemp consumable THC beverages in an
327 open display unit as long as the unit is located in an area that
328 is inaccessible to customers; or
329 4. In accordance with the mail order, Internet, and remote
330 sales of hemp consumable THC products requirements in s.
331 581.218.
332 (e) Hemp consumable THC products may not be sold, given,
333 bartered, furnished, or delivered to consumers at wholesale.
334 Hemp consumable THC products may not be sold, given, bartered,
335 furnished, or delivered to consumers at festivals, fairs, trade
336 shows, farmers’ markets, expositions, or pop-up retail
337 establishments unless the festival, fair, trade show, farmers’
338 market, exposition, or pop-up prohibits patrons under 21 years
339 of age from attending and every retailer selling hemp consumable
340 THC products at the festival, fair, trade show, farmers’ market,
341 exposition, or pop-up has a food permit from the Department.
342 (f) The sale or delivery of hemp consumable THC products
343 for consumption on a retailer’s premises is prohibited. If a
344 retailer discovers a consumer is consuming hemp consumable THC
345 products on the retailer’s premises, the retailer must
346 immediately notify the consumer to immediately leave the
347 retailer’s premises.
348 (g)(b) Hemp consumable THC products extract may only be
349 sold to a business in this state if that business is properly
350 permitted as required by this section.
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351 (h)(c) Hemp consumable THC products extract distributed or
352 sold in this state are is subject to the applicable requirements
353 of chapter 500, chapter 502, or chapter 580.
354 (i) A person or entity may not sell, deliver, barter,
355 give, or furnish hemp consumable THC products that total more
356 than 100 milligrams of hemp and psychotropic cannabinoids to a
357 person in a 24-hour period unless the person receiving the hemp
358 consumable THC products is receiving the products on behalf of a
359 cultivator, manufacturer, wholesaler, or retailer for resale.
360 There is a rebuttable presumption that a person or entity
361 complied with this paragraph if the person receiving the hemp
362 consumable THC products affirms in writing or electronically
363 that by receiving such products he or she will not have received
364 hemp consumable THC products that total more than 100 milligrams
365 of hemp and psychotropic cannabinoids within a 24-hour period or
366 he or she is receiving the products on behalf of a cultivator,
367 manufacturer, wholesaler, or retailer for resale. This paragraph
368 does not apply to non-psychotropic cannabinoids.
369 (j)(d) Hemp consumable THC products that are intended for
370 human ingestion or inhalation and that contain hemp extract,
371 including, but not limited to, snuff, chewing gum, and other
372 smokeless products, may not be sold, delivered, bartered, given,
373 or furnished in this state to a person who is under 21 years of
374 age.
375 (k) For a first violation of this subsection, a person who
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376 violates this paragraph commits a misdemeanor of the second
377 degree, punishable as provided in s. 775.082 or s. 775.083. A
378 person who commits a second or subsequent violation of this
379 subsection paragraph within 12 months 1 year after the first
380 initial violation commits a misdemeanor of the first degree,
381 punishable as provided in s. 775.082 or s. 775.083. A person who
382 commits a third or subsequent violation within 12 months after
383 the second violation commits a felony of the third degree,
384 punishable as provided in s. 775.082 or s. 775.083.
385 (l)(e) In addition to paragraph (k), hemp consumable THC
386 products extract distributed or sold in violation of this
387 subsection are is subject to s. 500.172 and penalties as
388 provided in s. 500.121. Hemp consumable THC extract products
389 found to be mislabeled or in violation of subsection (7)
390 attractive to children are subject to an immediate stop-sale
391 order.
392 (m) Subparagraph 3. of paragraph (a) and paragraph (b) do
393 not apply to hemp consumable THC products produced in this state
394 that are shipped or transported outside of this state for sale
395 or use outside this state. Hemp consumable THC products produced
396 in this state that are shipped or transported outside of this
397 state for sale or use outside of this state:
398 1. May not be sold, shipped, or transported to a consumer
399 in this state, a retailer’s establishment located in this state,
400 or to a person who sells or intends to sell such products to a
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401 consumer in this state;
402 2. Must be in a package marked “NOT FOR USE OR RETAIL
403 SALE IN FLORIDA” in bold font with a font size of at least 36
404 points; and
405 3. Must be physically separated from hemp consumable THC
406 products that are or intended to be sold or used in this state.
407 The department may adopt rules to implement this paragraph.
408 (10) CERTIFICATION OF INDEPENDENT LABORATORIES BY THE
409 DEPARTMENT.—
410 (a) The department must certify any laboratory located in
411 this state or another state which meets the qualifications of an
412 independent testing laboratory. However, a medical marijuana
413 testing laboratory certified pursuant to s. 381.988 is not
414 required to receive certification by the department.
415 (b) The department must adopt rules establishing the
416 standards for certification and must adopt rules for the testing
417 and reporting on the certificate of analysis of hemp consumable
418 THC products under this section. The department must develop
419 rules for the certification of independent testing laboratories,
420 which must include, but are not limited to:
421 1. Security standards.
422 2. Minimum standards for personnel.
423 3. Sample collection method and process standards.
424 4. Proficiency testing for cannabinoid concentration and
425 contaminants unsafe for human consumption, as determined by
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426 department rule.
427 5. Reporting content, format, and frequency.
428 6. Audits and onsite inspections.
429 7. Quality assurance.
430 8. Equipment and methodology.
431 9. Chain of custody.
432 10. Any other standard the department deems necessary.
433 (c) The department shall adopt rules establishing a
434 procedure for initial certification and biennial renewal. The
435 department shall renew the certification biennially if the
436 laboratory meets the requirements of this section or any rules
437 adopted under this subsection.
438 (d) The department shall publish on its website a list of
439 all laboratories that have received certification.
440 (e) The department may refuse to issue or renew, or may
441 suspend or revoke, the certification of a laboratory that is
442 found to be in violation of this section or any rules adopted
443 under this subsection.
444 (f) Any laboratory that receives certification under this
445 subsection from the department agrees to random unannounced
446 audits and onsite inspections by the department or agents
447 thereof.
448 (11)(10) VIOLATIONS.—
449 (a) A licensee must complete a corrective action plan if
450 the department determines that the licensee has negligently
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451 violated this section or department rules, including
452 negligently:
453 1. Failing to provide the legal land description and
454 global positioning coordinates pursuant to subsection (5);
455 2. Failing to obtain a proper license or other required
456 authorization from the department; or
457 3. Producing Cannabis sativa L. that has a total delta-9-
458 tetrahydrocannabinol concentration that exceeds 0.3 percent on a
459 dry-weight basis.
460 (b) The corrective action plan must include:
461 1. A reasonable date by which the licensee must correct
462 the negligent violation; and
463 2. A requirement that the licensee periodically report to
464 the department on compliance with this section and department
465 rules for a period of at least 2 calendar years after the date
466 of the violation.
467 (c) A licensee who negligently violates the corrective
468 action plan under this subsection three times within 5 years is
469 ineligible to cultivate hemp for 5 years following the date of
470 the third violation.
471 (d) If the department determines that a licensee has
472 violated this section or department rules with a culpable mental
473 state greater than negligence, the department shall immediately
474 report the licensee to the Attorney General and the United
475 States Attorney General.
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476 (e) In addition to any other penalties provided by law,
477 the department may take any of the following actions against any
478 person licensed or permitted by the department for a violation
479 of this section:
480 1. Place on probation or reprimand the licensee or
481 permittee.
482 2. Revoke, suspend, or deny the issuance or renewal of the
483 license or permit.
484 3. Impose an administrative fine not to exceed $5,000 per
485 violation or assess costs associated with investigation and
486 prosecution.
487 (13)(12) RULES.—The department shall adopt rules to
488 administer the state hemp program. The rules must provide for:
489 (a) A procedure that uses post-decarboxylation or other
490 similarly reliable methods for testing the delta-9-
491 tetrahydrocannabinol concentration of cultivated hemp.
492 (b) A procedure for the effective disposal of plants,
493 whether growing or not, that are cultivated in violation of this
494 section or department rules, and products derived from those
495 plants.
496 (c) Packaging and labeling requirements that ensure that
497 hemp consumable THC products are not in violation of subsection
498 (7) extract intended for human ingestion or inhalation is not
499 attractive to children.
500 (d) Advertising regulations that ensure that hemp
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501 consumable THC products extract intended for human ingestion or
502 inhalation are is not marketed or advertised in a manner that
503 specifically targets or is attractive to children.
504 (14)(13) APPLICABILITY.—Notwithstanding any other law:
505 (a) This section does not authorize a licensee to violate
506 any federal or state law or regulation.
507 (b) This section does not apply to a pilot project
508 developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
509 (c) A licensee who negligently violates this section or
510 department rules is not subject to any criminal or civil
511 enforcement action by the state or a local government other than
512 the enforcement of violations of this section as authorized
513 under subsection (11) (10).
514 Section 3. Section 581.218, Florida Statutes, is created
515 to read:
516 581.218 Mail order, Internet, and remote sales of hemp
517 consumable THC products.—
518 (1) As used in this section, the term:
519 (a) "Consumer" has the same meaning as in s. 581.217(3).
520 (b) "Delivery sale" means any sale of a hemp consumable
521 THC product to a consumer in the state for which:
522 1. The consumer submits the order for the sale by
523 telephonic or other voice transmission, mail, delivery service,
524 or the Internet or other online service; or
525 2. The hemp consumable THC products are delivered by use
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526 of mail or a delivery service.
527 (c) "Delivery service" means any person engaged in the
528 commercial delivery of letters, packages, or other containers.
529 (d) "Hemp consumable THC product" has the same meaning as
530 in s. 581.217(3).
531 (e) "Retailer" has the same meaning as in s. 581.217(3).
532 (f) "Shipping container" means a container in which hemp
533 consumable THC products are shipped in connection with a
534 delivery sale.
535 (g) "Shipping document" means a bill of lading, airbill,
536 United States Postal Service form, or any other document used to
537 verify the undertaking by a delivery service to deliver letters,
538 packages, or other containers.
539 (h) "Wholesaler" has the same meaning as in s. 581.217(3).
540 (2)(a) The sale of hemp consumable THC products
541 constituting a delivery sale under paragraph (1)(b) is a
542 delivery sale regardless of whether the person accepting the
543 order for the delivery sale is located within or outside this
544 state.
545 (b) A person must obtain a food permit from the department
546 under chapter 500 before accepting an order for a delivery sale
547 of hemp consumable THC products. A person outside this state who
548 engages in delivery sales to consumers in this state may make
549 application for a food permit from the department under chapter
550 500, be granted such a permit by the department, and thereafter
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551 be subject to all the provisions of this chapter, chapter 500,
552 and chapter 502 and be entitled to act as a permitted retailer.
553 (c) A person may not make a delivery sale of hemp
554 consumable THC products to any individual who is not 21 years of
555 age or older.
556 (d) Each person accepting an order for a delivery sale of
557 hemp consumable THC products must comply with all of the
558 following:
559 1. The age verification requirements of subsection (3).
560 2. The disclosure requirements of subsection (4).
561 3. The shipping requirements of subsection (5).
562 (3) A person may not mail, ship, or otherwise deliver hemp
563 consumable THC products in connection with an order for a
564 delivery sale unless, before the first delivery to the consumer,
565 until the person accepting the order for the delivery sale does
566 all of the following:
567 (a) Obtains from the person submitting the order a
568 certification that includes:
569 1. Reliable confirmation that the person is 21 years of
570 age or older; and
571 2. A statement signed by the person in writing and under
572 penalty of perjury which:
573 a. Certifies the address and date of birth of the person;
574 and
575 b. Confirms that the person wants to receive delivery
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576 sales from a hemp consumable THC product retailer and
577 understands that, under the laws of the state, the following
578 actions are illegal:
579 (I) Signing another person's name to the certification.
580 (II) Selling hemp consumable THC products to individuals
581 who are not 21 years of age or older.
582 (III) Purchasing hemp consumable THC products if the
583 person making the purchase is not 21 years of age or older.
584 (b) Makes a good faith effort to verify the information
585 contained in the certification provided by the individual
586 pursuant to paragraph (a) against a commercially available
587 database that may be reasonably relied upon for accurate age
588 information or obtains a photocopy or other image of a valid
589 government-issued identification card stating the date of birth
590 or age of the individual.
591 (c) Provides to the individual, by electronic mail or
592 other means, a notice meeting the requirements of subsection
593 (4).
594 (d) If an order for hemp consumable THC products is made
595 pursuant to an advertisement on the Internet, receives payment
596 for the delivery sale from the consumer by a credit or debit
597 card issued in the name of the consumer, or by personal or
598 company check of the consumer.
599 (e) Submits, to each credit card acquiring company with
600 which the person has credit card sales, identification
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601 information in an appropriate form and format so that the words
602 "Hemp consumable THC product" may be printed in the purchaser's
603 credit card statement when a purchase of hemp consumable THC
604 products is made by credit card payment.
605
606 In addition to the requirements of this subsection, a person
607 accepting an order for a delivery sale of hemp consumable THC
608 products may request that a consumer provide an e-mail address.
609 (4) The notice under paragraph (3)(c) must include
610 prominent and clearly legible statements that sales of hemp
611 consumable THC products are:
612 (a) Illegal if made to individuals who are not 21 years of
613 age or older.
614 (b) Restricted to those individuals who provide verifiable
615 proof of age pursuant to subsection (3).
616 (5) Each person who mails, ships, or otherwise delivers
617 hemp consumable THC products in connection with an order for a
618 delivery sale must:
619 (a) Ship hemp consumable THC products that comply with the
620 limitations on the retail sale of such products in s. 581.217.
621 (b) Ship hemp consumable THC products in a container and
622 package that complies with the container and package
623 requirements of s. 518.217.
624 (c) Include as part of the shipping documents, in a clear
625 and conspicuous manner, the following statement: "Hemp
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626 consumable THC product: Florida law prohibits shipping to
627 individuals under 21 years of age."
628 (d) Use a method of mailing, shipping, or delivery that
629 obligates the delivery service to require proof that the person
630 accepting the order for the delivery sale is 21 years of age or
631 older and resides at the address listed on the order label, by
632 reviewing a valid government-issued identification card bearing
633 a photograph of the person who signs to accept delivery of the
634 shipping container.
635
636 If the person accepting a purchase order for a delivery sale
637 delivers the hemp consumable THC products without using a
638 delivery service, the person must comply with all of the
639 requirements of this section which apply to a delivery service.
640 Any failure to comply with a requirement of this section
641 constitutes a violation thereof.
642 (6) This section does not apply to delivery sales of hemp
643 consumable THC products to a retailer or wholesaler.
644 (7) An individual who is 21 years of age or older who
645 knowingly violates any provision of this section commits a
646 misdemeanor of the second degree, punishable as provided in s.
647 775.082 or s. 775.083.
648 (8) The Attorney General, the Attorney General's designee,
649 or a state attorney may bring an action in the appropriate court
650 in the state to prevent or restrain violations of this section
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651 by any person.
652 Section 4. Section 581.219, Florida Statutes, is created
653 to read:
654 581.219 Seizure and destruction of contraband hemp
655 consumable THC products.—All hemp consumable THC products, as
656 defined in s. 581.217(3), sold, offered for sale, delivered, or
657 distributed contrary to any provision of ss. 581.217 and 581.218
658 are declared to be contraband, are subject to seizure and
659 confiscation under the Florida Contraband Forfeiture Act by any
660 person whose duty it is to enforce those sections, and must be
661 disposed of as follows:
662 (1) A court having jurisdiction shall order the hemp
663 consumable THC products forfeited upon a showing that, by a
664 preponderance of the evidence, the products were sold, offered
665 for sale, delivered, or distributed contrary to any provision of
666 ss. 581.217 and 581.218. Upon completion of any chapter 120
667 proceedings related to the seized hemp consumable THC products,
668 the court shall order the products destroyed except as provided
669 by applicable court orders. The officer who destroys the
670 products shall keep a record of the location where the products
671 were seized, the kinds and quantities of the products destroyed,
672 and the time, place, and manner of the destruction of the
673 products and shall make a return under oath reporting such
674 destruction.
675 (2) The department or seizing law enforcement agency shall
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676 keep a full and complete record of all products seized under
677 this section showing:
678 (a) The exact kinds, quantities, and forms of the
679 products.
680 (b) The persons from whom the products were seized and to
681 whom they were delivered.
682 (c) By whose authority the products were seized,
683 delivered, and destroyed.
684 (d) The dates of the seizure, disposal, and destruction of
685 the products.
686
687 Records under this subsection must be open to inspection by all
688 persons charged with the enforcement of ss. 581.217 and 581.218.
689 (3) The cost of seizure, confiscation, and destruction of
690 contraband hemp consumable THC products is borne by the person
691 from whom the products are seized.
692 (4) Except as otherwise provided in this section, the
693 procedures of the Florida Contraband Forfeiture Act apply to
694 this section.
695 Section 5. Section 581.220, Florida Statutes, is created
696 to read:
697 581.220 Ingesting hemp consumable THC products prohibited
698 near school property.—
699 (1) A person may not ingest hemp consumable THC products,
700 as defined in s. 581.217(3), in, on, or within 1,000 feet of the
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701 real property comprising a public or private elementary, middle,
702 or secondary school between the hours of 6 a.m. and midnight.
703 This section does not apply to a person who is in a moving
704 vehicle or within a private residence.
705 (2) A law enforcement officer may issue a citation in such
706 form as prescribed by a county or municipality to any person who
707 violates this section. The citation must contain all of the
708 following:
709 (a) The date and time of issuance.
710 (b) The name and address of the person cited.
711 (c) The date and time the civil infraction was committed.
712 (d) The statute violated.
713 (e) The facts constituting the violation.
714 (f) The name and authority of the law enforcement officer.
715 (g) The procedure for the person to follow to pay the
716 civil penalty, to contest the citation, or to appear in court.
717 (h) The applicable civil penalty if the person elects not
718 to contest the citation.
719 (3) Any person issued a citation pursuant to this section
720 is charged with a civil infraction, punishable by a civil
721 penalty of up to $25, 50 hours of community service, or, where
722 available, successful completion of a school-approved, anti-
723 drug, alternative-to-suspension program.
724 (4) Any person who fails to comply with the directions on
725 the citation waives his or her right to contest the citation,
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726 and an order to show cause may be issued by the court.
727 Section 6. Subsection (1) of section 565.04, Florida
728 Statutes, is amended to read:
729 565.04 Package store restrictions.—
730 (1) Vendors licensed under s. 565.02(1)(a) shall not in
731 said place of business sell, offer, or expose for sale any
732 merchandise other than such beverages, and such places of
733 business shall be devoted exclusively to such sales; provided,
734 however, that such vendors shall be permitted to sell bitters;
735 grenadine; nonalcoholic mixer-type beverages, not to include
736 fruit juices produced outside this state; fruit juices produced
737 in this state; home bar and party supplies and equipment,
738 including but not limited to glassware and party-type foods;
739 miniatures of no alcoholic content; nicotine products; and
740 tobacco products. Such places of business shall have no openings
741 permitting direct access to any other building or room, except
742 to a private office or storage room of the place of business
743 from which patrons are excluded. Vendors licensed under s.
744 565.02(1)(a) may sell hemp consumable THC products for off-
745 premises consumption in accordance with ss. 581.217 and 581.218.
746 Section 7. Paragraph (a) of subsection (2) of section
747 565.045, Florida Statutes, is amended to read:
748 565.045 Regulations for consumption on premises; penalty;
749 exemptions.—
750 (2)(a) There shall not be sold at such places of business
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751 anything other than the beverages permitted, home bar and party
752 supplies and equipment (including, but not limited to, glassware
753 and party-type foods), cigarettes, hemp consumable THC products
754 for off-premises consumption in accordance with ss. 581.217 and
755 581.218, and what is customarily sold in a restaurant.
756 Section 8. Section 569.006, Florida Statutes, is amended
757 to read:
758 569.006 Retail tobacco products dealers; administrative
759 penalties.—The division may suspend or revoke the permit of the
760 dealer upon sufficient cause appearing of the violation of any
761 of the provisions of s. 581.217, s. 581.218, or this chapter,
762 including part II of this chapter if the dealer deals, at
763 retail, in nicotine products within the state or allows a
764 nicotine products vending machine to be located on its premises
765 within the state, by a dealer or by a dealer's agent or
766 employee. The division may also assess and accept administrative
767 fines of up to $1,000 against a dealer for each violation. The
768 division shall deposit all fines collected into the General
769 Revenue Fund as collected. An order imposing an administrative
770 fine becomes effective 15 days after the date of the order. The
771 division may suspend the imposition of a penalty against a
772 dealer, conditioned upon the dealer's compliance with terms the
773 division considers appropriate.
774 Section 9. Section 569.35, Florida Statutes, is amended to
775 read:
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776 569.35 Retail nicotine product dealers; administrative
777 penalties.—The division may suspend or revoke the permit of a
778 dealer, including the retail tobacco products dealer permit of a
779 retail tobacco products dealer as defined in s. 569.002(4), upon
780 sufficient cause appearing of the violation of any of the
781 provisions of s. 581.217, s. 581.218, or this part, by a dealer,
782 or by a dealer's agent or employee. The division may also assess
783 and accept an administrative fine of up to $1,000 against a
784 dealer for each violation. The division shall deposit all fines
785 collected into the General Revenue Fund as collected. An order
786 imposing an administrative fine becomes effective 15 days after
787 the date of the order. The division may suspend the imposition
788 of a penalty against a dealer, conditioned upon the dealer's
789 compliance with terms the division considers appropriate.
790 Section 10. This act shall take effect January 1, 2026.
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