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PCB HAT 25-01 (2025) — An act relating to hemp consumable THC products

Issuer
Congressional materials
Document type
2025 3287 Housing Agriculture Tourism Subcommittee Proposed Committee Bills Pcbs Fn Pcb Ha

Summary

PCB HAT 25-01, a 2025 proposed committee bill of the Florida House of Representatives, an act relating to hemp consumable THC products. The bill amends s. 500.03, F.S. to revise the definition of food, creates s. 581.19, F.S. on seizure of contraband products, and amends s. 581.217, F.S. with new definitions and requirements for testing, certificates of analysis, labeling and packaging of hemp consumable THC products. Its title also describes mail order and Internet sales under s. 581.218, F.S., a ban on ingestion near school properties under s. 581.220, F.S., and an appropriation. Section 9 amends s. 569.35, F.S. to allow administrative fines of up to $1,000 per violation, and Section 10 sets an effective date of July 1, 2025 unless otherwise provided. The bill is 31 pages.

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Cite this document

“PCB HAT 25-01 (2025) — An act relating to hemp consumable THC products.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3287-housing-agriculture-tourism-subcommittee-proposed-committee-bills-pcbs-fn-pcb-hat-25-01/, SHA-256 4d577901a2026443dd5e7556e5beba156d9e4e035ba9b1faf184c7179ff4ee9e.

Full text

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           PCB HAT 25-01                                                                                        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"; creating s. 581.19, F.S.; providing
    5              for the seizure and destruction of contraband hemp
    6              consumable THC products; requiring the Department of
    7              Agriculture and Consumer Services and law enforcement
    8              agencies to keep specified records; providing
    9              applicability; amending s. 581.217, F.S.; revising and
10                 providing definitions; providing for the distribution
11                 and retail sale of hemp consumable THC products;
12                 authorizing the department to adopt rules; providing
13                 penalties; providing for the certification of
14                 independent laboratories by the department; requiring
15                 the Department of Health to assist the Department of
16                 Agriculture and Consumer Services in developing
17                 specified rules; authorizing the department to take
18                 certain actions against licensees and permittees;
19                 creating s. 581.218, F.S.; providing definitions;
20                 providing for mail order, Internet, and remote sales
21                 of hemp consumable THC products; providing penalties;
22                 creating s. 581.220, F.S.; prohibiting the ingestion
23                 of hemp consumable THC products near school
24                 properties; providing exceptions; providing penalties;
25                 amending ss. 565.04 and 565.045, F.S.; authorizing

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        PCB HAT 25-01                                                                                        2025




26              specified businesses to sell hemp consumable THC
27              products; amending ss. 569.006 and 569.35, F.S.;
28              conforming provisions to changes made by the act;
29              providing an appropriation; providing effective dates.
30
31      Be It Enacted by the Legislature of the State of Florida:
32
33              Section 1.         Effective January 1, 2026, paragraph (n) of
34      subsection (1) of section 500.03, Florida Statutes, is amended
35      to read:
36              500.03       Definitions; construction; applicability.—
37              (1)      For the purpose of this chapter, the term:
38              (n)      "Food" includes:
39              1.      Articles used for food or drink for human consumption;
40              2.      Chewing gum;
41              3.      Articles used for components of any such article;
42              4.      Articles for which health claims are made, which claims
43      are approved by the Secretary of the United States Department of
44      Health and Human Services and which claims are made in
45      accordance with s. 343(r) of the federal act, and which are not
46      considered drugs solely because their labels or labeling contain
47      health claims;
48              5.      Dietary supplements as defined in 21 U.S.C. s.
49      321(ff)(1) and (2); and
50              6.      Hemp consumable THC products Hemp extract as defined in

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        PCB HAT 25-01                                                                                        2025




51      s. 581.217(3) s. 581.217.
52
53      The term includes any raw, cooked, or processed edible
54      substance; ice; any beverage; or any ingredient used, intended
55      for use, or sold for human consumption.
56              Section 2.         Effective January 1, 2026, subsections (10)
57      through (13) of section 581.217, Florida Statutes, are
58      renumbered as subsections (11) through (14), respectively,
59      subsections (3) and (7) and present subsections (10), (12), and
60      (13) are amended, and a new subsection (10) is added to that
61      section, to read:
62              581.217       State hemp program.—
63              (3)     DEFINITIONS.—As used in this section, the term:
64              (a)     "Attractive to children" means manufactured in the
65      shape of or packaged in containers or packages displaying
66      humans, cartoons, or animals, toys, or other features that
67      target children; manufactured in a form or packaged in a
68      container or package that bears any reasonable resemblance to an
69      existing candy or snack product that is familiar to the public;
70      manufactured in a form or packaged in a container or package
71      that bears any reasonable resemblance to a as a widely
72      distributed, branded food product such that the a product could
73      be mistaken for the branded food product, especially by
74      children; or containing any color additives.
75              (b)     "Certifying agency" has the same meaning as in s.

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         PCB HAT 25-01                                                                                        2025




76       578.011(8).
77               (c)     "Cigarette" means any roll for smoking.
78               (d)(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               (e)(d)       "Cultivate" means planting, watering, growing, or
87       harvesting hemp.
88               (f)(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 hemp extract, which may not exceed
95       0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight
96       basis.
97               (g)     "Hemp consumable THC product" means a substance or
98       compound intended for ingestion, containing more than trace
99       amounts of tetrahydrocannabinol derived from hemp or any other
100      source, or for inhalation which is derived from or contains

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         PCB HAT 25-01                                                                                        2025




101      tetrahydrocannabinol derived from hemp or any other source, and
102      which does not contain controlled substances. The term does not
103      include synthetic cannabidiol or seeds or seed-derived
104      ingredients that are generally recognized as safe by the United
105      States Food and Drug Administration or marijuana used for
106      medical purposes under s. 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              (h)(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 hemp extract in the
121      state 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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         PCB HAT 25-01                                                                                        2025




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              (i)     "Manufacturer" means any person or entity that engages
132      in the process of manufacturing, preparing, or packaging hemp
133      consumable THC products.
134              (j)     "Retailer" means any person or entity who sells hemp
135      consumable THC products to consumers.
136              (k)     "Vapor-generating electronic device" means any device
137      or product that employs an electronic, chemical, or mechanical
138      means of producing vapor or aerosol from a hemp consumable THC
139      product or any other substance, including, but not limited to,
140      an electronic cigarette, electronic cigar, electronic cigarillo,
141      electronic pipe, or other similar device or product; any
142      replacement cartridge for such device or product; and any other
143      container of a solution or other substance intended to be used
144      with or within such device or product.
145              (l)     "Wholesaler" means any person or entity located within
146      or outside this state which delivers or sells hemp consumable
147      THC products to retailers or other persons for purposes of
148      resale.
149              (7)     DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC
150      PRODUCTS HEMP EXTRACT.—

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         PCB HAT 25-01                                                                                        2025




151              (a)     Hemp consumable THC products Hemp extract may only be
152      distributed and sold in the state if the product:
153              1.      Has a certificate of analysis prepared by an
154      independent testing laboratory that states:
155              a.      The hemp consumable THC product hemp extract is the
156      product of a batch tested by the independent testing laboratory;
157              b.      The batch contained a total delta-9-
158      tetrahydrocannabinol concentration that did not exceed 0.3
159      percent pursuant to the testing of a random sample of the batch;
160              c.      The batch does not contain contaminants unsafe for
161      human consumption; and
162              d.      The batch was processed in a facility that holds a
163      current and valid permit issued by a human health or food safety
164      regulatory entity with authority over the facility, and that
165      facility meets the human health or food safety sanitization
166      requirements of the regulatory entity. Such compliance must be
167      documented by a report from the regulatory entity confirming
168      that the facility meets such requirements.
169              2.      Was tested by an independent testing laboratory, and
170      the laboratory's certificate of analysis states:
171              a.      The hemp consumable THC product was tested for:
172              (I)      Cannabinoids.
173              (II)        Heavy metals.
174              (III)        Mycotoxins.
175              (IV)        Pesticides.

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         PCB HAT 25-01                                                                                        2025




176              (V)     Residual solvents.
177              (VI)        Any other controlled substance.
178              (VII)        Any other substance the department deems necessary.
179              b.      The hemp consumable THC product contained a total
180      delta-9-tetrahydrocannabinol concentration that did not exceed
181      0.3 percent pursuant to the testing of a sample of the hemp
182      consumable THC product.
183              c.      The hemp consumable THC product contained
184      tetrahydrocannabinol that did not exceed the limitations in this
185      subsection.
186              d.      The product does not contain contaminants unsafe for
187      human consumption.
188              e.      Manufacturers, wholesalers, and retailers are required
189      to have their hemp consumable THC products tested by an
190      independent testing laboratory. A wholesaler or retailer is not
191      required to test its hemp consumable THC products if the
192      product:
193              (I)     Is packaged in a in a manner that may be sold to the
194      ultimate consumer when the wholesaler or retailer receives the
195      product from the manufacturer or wholesaler;
196              (II)        Was tested in accordance with paragraph (a) by the
197      manufacturer or wholesaler; and
198              (III)       Has not been opened by the wholesaler or retailer.
199              3.2.        Is distributed or sold in a container and package
200      that includes:

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         PCB HAT 25-01                                                                                        2025




201              a.      A scannable barcode or quick response code linked to
202      the certificate of analysis of the hemp consumable THC product
203      hemp extract batch by an independent testing laboratory;
204              b.      The hemp consumable THC product batch number;
205              c.      The Internet address of a website where batch
206      information may be obtained;
207              d.      The expiration date of the hemp consumable THC product;
208      and
209              e.      The number of milligrams of each marketed cannabinoid
210      per serving.
211              4.3.        Is distributed or sold in a container and package
212      that:
213              a.      Is suitable to contain products for human consumption;
214              b.      Is composed of materials designed to minimize exposure
215      to light;
216              c.      Mitigates exposure to high temperatures;
217              d.      Is a single color and not transparent. However, the
218      universal symbol, scannable barcode, quick response code, and
219      any text must be a different color than the container and
220      package;
221              e.      Does not contain any pictures or images other than a
222      single logo, which may not be attractive to children and may not
223      cover more than 20 percent of the container or package;
224              f.      Does not contain any text, pictures, or images that
225      directly or indirectly say the product causes or may cause an

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         PCB HAT 25-01                                                                                        2025




226      intoxicating or psychoactive effect;
227              g.      Contains a clear and conspicuous warning on the front
228      of the package and container that is developed by the department
229      and states the product contains tetrahydrocannabinol;
230              h.      Contains a hemp consumable THC product universal symbol
231      developed by the department;
232              i.      Contains the number of milligrams of
233      tetrahydrocannabinol in the container and package and the amount
234      in each individual serving in a clear and conspicuous manner;
235              j. d.       Is not attractive to children; and
236              k. e.       Is compliant with the United States Poison
237      Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.,
238      without regard to provided exemptions. For purposes of this
239      subparagraph, a beverage in a sealed container is considered
240      compliant with the United States Poison Prevention Packaging Act
241      of 1970, 15 U.S.C. ss. 1471 et seq.
242              (b)     Hemp consumable THC products may only be sold at
243      retail subject to the following limitations:
244              1.      Beverages must:
245              a.      Contain no more than 5 milligrams of
246      tetrahydrocannabinol per 6 ounces.
247              b.      Be in a container that holds no more than 12 ounces.
248              c.      Be in a package with no more than 10 containers per
249      package.
250              2.      Cigarettes and vapor-generating electronic devices

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         PCB HAT 25-01                                                                                        2025




251      must:
252              a.      Contain no more than 2.5 milligrams of
253      tetrahydrocannabinol per gram.
254              b.      Be in a cigarette or vapor-generating electronic device
255      that contains no more than 1 gram.
256              c.      Be in a container that holds no more than 20 cigarettes
257      or vapor-generating electronic devices.
258              d.      Be in a package that contains no more than one
259      container.
260              3.      Edibles must:
261              a.      Contain no more than 2.5 milligrams of
262      tetrahydrocannabinol per gram.
263              b.      Be in an edible that contains no more than 2 grams and
264      is individually wrapped.
265              c.      Be in a container with no more than 20 edibles.
266              d.      Be in a package that contains no more than one
267      container.
268              4.      Tinctures must:
269              a.      Contain no more than 100 milligrams of
270      tetrahydrocannabinol per 35 grams.
271              b.      Be in a container that holds no more than 35 grams.
272              c.      Be in a package that holds no more than one container.
273
274      This paragraph is repealed December 31, 2028.
275              (c)      Effective January 1, 2029, hemp consumable THC

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         PCB HAT 25-01                                                                                        2025




276      products may only be sold at retail subject to the following
277      limitations:
278              1.      Beverages must:
279              a.      Contain no more than 2.5 milligrams of
280      tetrahydrocannabinol per 6 ounces.
281              b.      Be in a container that holds no more than 12 ounces.
282              c.      Be in a package with no more than 10 containers per
283      package.
284              2.      Cigarettes and vapor-generating electronic devices
285      must:
286              a.      Contain no more than 1.25 milligrams of
287      tetrahydrocannabinol per gram.
288              b.      Be in a cigarette or vapor-generating electronic device
289      that contains no more than 1 gram.
290              c.      Be in a container that holds no more than 20 cigarettes
291      or vapor-generating electronic devices.
292              d.      Be in a package that contains no more than one
293      container.
294              3.      Edibles must:
295              a.      Contain no more than 1.25 milligrams of
296      tetrahydrocannabinol per gram.
297              b.      Be in an edible that contains no more than 2 grams and
298      is individually wrapped.
299              c.      Be in a container with no more than 20 edibles.
300              d.      Be in a package that contains no more than one

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         PCB HAT 25-01                                                                                        2025




301      container.
302              5.      Tinctures must:
303              a.      Contain no more than 50 milligrams of
304      tetrahydrocannabinol per 35 grams.
305              b.      Be in a container that holds no more than 35 grams.
306              c.      Be in a package that holds no more than one container.
307              (d)     Nothing in paragraph (c) shall limit the amount of
308      cannabidiol allowed in hemp consumable THC products.
309              (e)     The retail sale and delivery of hemp consumable THC
310      products is prohibited, except:
311              1.      At establishments that have a food permit from the
312      department and prohibit the presence of persons under 21 years
313      of age on the establishment's premises;
314              2.      At establishments that have a food permit from the
315      department and have a quota licensed issued under s.
316      565.02(1)(a)-(f). Establishments with a quota licensed issued
317      under s. 565.02(1)(a)-(f) which allow the presence of persons
318      under 21 years of age on the establishment's premises must place
319      hemp consumable THC products, not including beverages, in an
320      area inaccessible to customers. Such establishments may place
321      hemp consumable THC products, not including beverages, in an
322      open display unit as long as the unit is located in an area that
323      is inaccessible to customers; or
324              3.      In accordance with the mail order, Internet, and remote
325      sales of hemp consumable THC products requirements in s.

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         PCB HAT 25-01                                                                                        2025




326      581.218.
327              (f)     Hemp consumable THC products may not be sold, given,
328      bartered, furnished, or delivered to consumers at wholesale or
329      at festivals, fairs, trade shows, farmers markets, expositions,
330      or pop-up retail establishments.
331              (h)(b)       Hemp consumable THC products Hemp extract may only
332      be sold to a business in this state if that business is properly
333      permitted as required by this section.
334              (i)(c)       Hemp consumable THC products Hemp extract
335      distributed or sold in this state are is subject to the
336      applicable requirements of chapter 500, chapter 502, or chapter
337      580.
338              (j)     A person or entity may not sell, deliver, barter,
339      give, or furnish hemp consumable THC products that total more
340      than 100 milligrams of tetrahydrocannabinol to a person in a 24-
341      hour period unless the person receiving the hemp consumable THC
342      products is receiving the products on behalf of a cultivator,
343      manufacturer, wholesaler, or retailer for resale.
344              (k)(d)       Hemp consumable THC products that are intended for
345      human ingestion or inhalation and that contain hemp extract,
346      including, but not limited to, snuff, chewing gum, and other
347      smokeless products, may not be sold, delivered, bartered, given,
348      or furnished in this state to a person who is under 21 years of
349      age. For a first violation of this subsection, a person who
350      violates this paragraph commits a misdemeanor of the second

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         PCB HAT 25-01                                                                                        2025




351      degree, punishable as provided in s. 775.082 or s. 775.083. A
352      person who commits a second or subsequent violation of this
353      subsection paragraph within 12 months 1 year after the first
354      initial violation commits a misdemeanor of the first degree,
355      punishable as provided in s. 775.082 or s. 775.083. A person who
356      commits a third or subsequent violation within 12 months after
357      the second violation commits a felony of the third degree,
358      punishable as provided in s. 775.082 or s. 775.083.
359              (l)(e)       In addition to paragraph (k), hemp consumable THC
360      products hemp extract distributed or sold in violation of this
361      subsection are is subject to s. 500.172 and penalties as
362      provided in s. 500.121. Hemp consumable THC products Hemp
363      extract products found to be mislabeled or in violation of
364      subsection (7) attractive to children are subject to an
365      immediate stop-sale order.
366              (10)        CERTIFICATION OF INDEPENDENT LABORATORIES BY THE
367      DEPARTMENT.—
368              (a)     The department must certify any laboratory located in
369      this state or another state which meets the qualifications of an
370      independent testing laboratory. However, a medical marijuana
371      testing laboratory certified pursuant to s. 381.988 is not
372      required to receive certification by the department.
373              (b)     The department must adopt rules establishing the
374      standards for certification and must adopt rules for the testing
375      and reporting of hemp consumable THC products under this

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         PCB HAT 25-01                                                                                        2025




376      section. The Department of Health must assist the department in
377      developing the rules for the certification of independent
378      testing laboratories, which must include, but are not limited
379      to:
380              1.      Security standards.
381              2.      Minimum standards for personnel.
382              3.      Sample collection method and process standards.
383              4.      Proficiency testing for tetrahydrocannabinol potency,
384      concentration of cannabidiol, and contaminants unsafe for human
385      consumption, as determined by department rule.
386              5.      Reporting content, format, and frequency.
387              6.      Audits and onsite inspections.
388              7.      Quality assurance.
389              8.      Equipment and methodology.
390              9.      Chain of custody.
391              10.      Any other standard the department deems necessary.
392              (c)      The department shall adopt rules establishing a
393      procedure for initial certification and biennial renewal. The
394      department shall renew the certification biennially if the
395      laboratory meets the requirements of this section or any rules
396      adopted under this subsection.
397              (d)      The department shall publish on its website a list of
398      all laboratories that have received certification.
399              (e)      The department may refuse to issue or renew, or may
400      suspend or revoke, the certification of a laboratory that is

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         PCB HAT 25-01                                                                                        2025




401      found to be in violation of this section or any rules adopted
402      under this subsection.
403              (f)      Any laboratory that receives certification under this
404      subsection from the department agrees to random unannounced
405      audits and onsite inspections by the department or agents
406      thereof.
407              (11)(10)          VIOLATIONS.—
408              (a)      A licensee must complete a corrective action plan if
409      the department determines that the licensee has negligently
410      violated this section or department rules, including
411      negligently:
412              1.      Failing to provide the legal land description and
413      global positioning coordinates pursuant to subsection (5);
414              2.      Failing to obtain a proper license or other required
415      authorization from the department; or
416              3.      Producing Cannabis sativa L. that has a total delta-9-
417      tetrahydrocannabinol concentration that exceeds 0.3 percent on a
418      dry-weight basis.
419              (b)      The corrective action plan must include:
420              1.      A reasonable date by which the licensee must correct
421      the negligent violation; and
422              2.      A requirement that the licensee periodically report to
423      the department on compliance with this section and department
424      rules for a period of at least 2 calendar years after the date
425      of the violation.

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         PCB HAT 25-01                                                                                        2025




426              (c)      A licensee who negligently violates the corrective
427      action plan under this subsection three times within 5 years is
428      ineligible to cultivate hemp for 5 years following the date of
429      the third violation.
430              (d)      If the department determines that a licensee has
431      violated this section or department rules with a culpable mental
432      state greater than negligence, the department shall immediately
433      report the licensee to the Attorney General and the United
434      States Attorney General.
435              (e)      In addition to any other penalties provided by law,
436      the department may take any of the following actions against any
437      person licensed or permitted by the department for a violation
438      of this section:
439              1.      Place on probation or reprimand the licensee or
440      permitee.
441              2.      Revoke, suspend, or deny the issuance or renewal of the
442      license or permit.
443              3.      Impose an administrative fine not to exceed $5,000 per
444      violation or assess costs associated with investigation and
445      prosecution.
446              (13)(12)          RULES.—The department shall adopt rules to
447      administer the state hemp program. The rules must provide for:
448              (a)      A procedure that uses post-decarboxylation or other
449      similarly reliable methods for testing the delta-9-
450      tetrahydrocannabinol concentration of cultivated hemp.

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         PCB HAT 25-01                                                                                        2025




451              (b)     A procedure for the effective disposal of plants,
452      whether growing or not, that are cultivated in violation of this
453      section or department rules, and products derived from those
454      plants.
455              (c)     Packaging and labeling requirements that ensure that
456      hemp consumable THC products are not in violation of subsection
457      (7) hemp extract intended for human ingestion or inhalation is
458      not attractive to children.
459              (d)     Advertising regulations that ensure that hemp
460      consumable THC products hemp extract intended for human
461      ingestion or inhalation are is not marketed or advertised in a
462      manner that specifically targets or is attractive to children.
463              (14)(13)          APPLICABILITY.—Notwithstanding any other law:
464              (a)     This section does not authorize a licensee to violate
465      any federal or state law or regulation.
466              (b)     This section does not apply to a pilot project
467      developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
468              (c)     A licensee who negligently violates this section or
469      department rules is not subject to any criminal or civil
470      enforcement action by the state or a local government other than
471      the enforcement of violations of this section as authorized
472      under subsection (11) (10).
473              Section 3.         Effective January 1, 2026, section 581.218,
474      Florida Statutes, is created to read:
475              581.218       Mail order, Internet, and remote sales of hemp

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         PCB HAT 25-01                                                                                        2025




476      consumable THC products.—
477              (1)      As used in this section, the term:
478              (a)      "Consumer" means a person in this state who comes into
479      possession of any hemp consumable THC products and who, at the
480      time of possession, does not intend to sell or distribute the
481      hemp consumable THC products or is not a retailer.
482              (b)      "Delivery sale" means any sale of a hemp consumable
483      THC product to a consumer in the state for which:
484              1.      The consumer submits the order for the sale by
485      telephonic or other voice transmission, mail, delivery service,
486      or the Internet or other online service; or
487              2.      The hemp consumable THC products are delivered by use
488      of mail or a delivery service.
489              (c)      "Delivery service" means any person engaged in the
490      commercial delivery of letters, packages, or other containers.
491              (d)      "Legal minimum purchase age" means the minimum age at
492      which an individual may legally purchase hemp consumable THC
493      products in this state.
494              (e)      "Retailer" has the same meaning as in s. 581.217(3).
495              (f)      "Shipping container" means a container in which hemp
496      consumable THC products are shipped in connection with a
497      delivery sale.
498              (g)      "Shipping document" means a bill of lading, airbill,
499      United States Postal Service form, or any other document used to
500      verify the undertaking by a delivery service to deliver letters,

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         PCB HAT 25-01                                                                                        2025




501      packages, or other containers.
502              (h)      "Hemp consumable THC product" has the same meaning as
503      in s. 581.217(3).
504              (i)      "Wholesaler" has the same meaning as in s. 581.217(3).
505              (2)(a)       The sale of hemp consumable THC products
506      constituting a delivery sale under paragraph (1)(b) is a
507      delivery sale regardless of whether the person accepting the
508      order for the delivery sale is located within or outside this
509      state.
510              (b)      A retailer must obtain a food permit from the
511      department under chapter 500 before accepting an order for a
512      delivery sale of hemp consumable THC products.
513              (c)     A person may not make a delivery sale of hemp
514      consumable THC products to any individual who is not 21 years of
515      age or older.
516              (d)      Each person accepting an order for a delivery sale of
517      hemp consumable THC products must comply with all of the
518      following:
519              1.      The age verification requirements of subsection (3).
520              2.      The disclosure requirements of subsection (4).
521              3.      The shipping requirements of subsection (5).
522              (3)      A person may not mail, ship, or otherwise deliver hemp
523      consumable THC products in connection with an order for a
524      delivery sale unless, before the first delivery to the consumer,
525      the person accepting the order for the delivery sale does all of

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         PCB HAT 25-01                                                                                        2025




526      the following:
527              (a)      Obtains from the person submitting the order a
528      certification that includes:
529              1.      Reliable confirmation that the person is 21 years of
530      age or older; and
531              2.      A statement signed by the person in writing and under
532      penalty of perjury which:
533              a.      Certifies the address and date of birth of the person;
534      and
535              b.      Confirms that the person wants to receive delivery
536      sales from a hemp consumable THC product retailer and
537      understands that, under the laws of the state, the following
538      actions are illegal:
539              (I)      Signing another person's name to the certification.
540              (II)        Selling hemp consumable THC products to individuals
541      who are not 21 years of age or older.
542              (III)       Purchasing hemp consumable THC products if the
543      person making the purchase is not 21 years of age or older.
544              (b)      Makes a good faith effort to verify the information
545      contained in the certification provided by the individual
546      pursuant to paragraph (a) against a commercially available
547      database that may be reasonably relied upon for accurate age
548      information or obtains a photocopy or other image of a valid
549      government-issued identification card stating the date of birth
550      or age of the individual.

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         PCB HAT 25-01                                                                                        2025




551              (c)     Provides to the individual, by electronic mail or
552      other means, a notice meeting the requirements of subsection
553      (4).
554              (d)     If an order for hemp consumable THC products is made
555      pursuant to an advertisement on the Internet, receives payment
556      for the delivery sale from the consumer by a credit or debit
557      card issued in the name of the consumer, or by personal or
558      company check of the consumer.
559              (e)     Submits, to each credit card acquiring company with
560      which the person has credit card sales, identification
561      information in an appropriate form and format so that the words
562      "Hemp consumable THC product" may be printed in the purchaser's
563      credit card statement when a purchase of hemp consumable THC
564      products is made by credit card payment.
565              (f)     Makes a telephone call after 5 p.m. to the purchaser
566      confirming the order before shipping the hemp consumable THC
567      products. The telephone call may be a person-to-person call or a
568      recorded message. The person accepting the order for delivery
569      sale is not required to speak directly with a person and may
570      leave a message on an answering machine or through voicemail.
571
572      In addition to the requirements of this subsection, a person
573      accepting an order for a delivery sale of hemp consumable THC
574      products may request that a consumer provide an e-mail address.
575              (4)     The notice under paragraph (3)(c) must include

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         PCB HAT 25-01                                                                                        2025




576      prominent and clearly legible statements that sales of hemp
577      consumable THC products are:
578              (a)      Illegal if made to individuals who are not 21 years of
579      age or older.
580              (b)      Restricted to those individuals who provide verifiable
581      proof of age pursuant to subsection (3).
582              (5)      Each person who mails, ships, or otherwise delivers
583      hemp consumable THC products in connection with an order for a
584      delivery sale must:
585              (a)     Ship hemp consumable THC products that comply with the
586      limitations on the retail sale of such products in s. 581.217.
587              (b)     Ship the hemp consumable THC products in a container
588      that complies with the container requirements of s. 518.217.
589              (c)     Include as part of the shipping documents, in a clear
590      and conspicuous manner, the following statement: "Hemp
591      consumable THC product: Florida law prohibits shipping to
592      individuals under 21 years of age."
593              (d)     Use a method of mailing, shipping, or delivery that
594      obligates the delivery service to require:
595              1.      The individual submitting the order for the delivery
596      sale or another person 21 years of age or older who resides at
597      the individual's address to sign his or her name to accept
598      delivery of the shipping container.
599              2.      Proof that the individual is the addressee, or an
600      individual who is 21 years of age or older designated by the

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         PCB HAT 25-01                                                                                        2025




601      addressee, in the form of a valid, government-issued
602      identification card bearing a photograph of the individual who
603      signs to accept delivery of the shipping container.
604
605      If the person accepting a purchase order for a delivery sale
606      delivers the hemp consumable THC products without using a
607      delivery service, the person must comply with all of the
608      requirements of this section which apply to a delivery service.
609      Any failure to comply with a requirement of this section
610      constitutes a violation thereof.
611              (6)     This section does not apply to delivery sales of hemp
612      consumable THC products to a retailer or wholesaler.
613              (7)     An individual who is 21 years of age or older who
614      knowingly violates any provision of this section commits a
615      misdemeanor of the second degree, punishable as provided in s.
616      775.082 or s. 775.083.
617              (8)     The Attorney General, the Attorney General's designee,
618      or a state attorney may bring an action in the appropriate court
619      in the state to prevent or restrain violations of this section
620      by any person.
621              Section 4.         Effective January 1, 2026, section 581.219,
622      Florida Statutes, is created to read:
623              581.219       Seizure and destruction of contraband hemp
624      consumable THC products.—All hemp consumable THC products, as
625      defined in s. 581.217(3), sold, offered for sale, delivered, or

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         PCB HAT 25-01                                                                                        2025




626      distributed contrary to any provision of ss. 581.217 and 581.218
627      are declared to be contraband, are subject to seizure and
628      confiscation under the Florida Contraband Forfeiture Act by any
629      person whose duty it is to enforce those sections, and must be
630      disposed of as follows:
631              (1)     A court having jurisdiction shall order the hemp
632      consumable THC products forfeited upon a showing that, by a
633      preponderance of the evidence, the products were sold, offered
634      for sale, delivered, or distributed contrary to any provision of
635      ss. 581.217 and 581.218. Upon completion of any chapter 120
636      proceedings related to the seized hemp consumable THC products,
637      the court shall order the products destroyed except as provided
638      by applicable court orders. The officer who destroys the
639      products shall keep a record of the location where the products
640      were seized, the kinds and quantities of the products destroyed,
641      and the time, place, and manner of the destruction of the
642      products and shall make a return under oath reporting such
643      destruction.
644              (2)     The department or seizing law enforcement agency shall
645      keep a full and complete record of all products seized under
646      this section showing:
647              (a)     The exact kinds, quantities, and forms of the
648      products.
649              (b)     The persons from whom the products were seized and to
650      whom they were delivered.

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         PCB HAT 25-01                                                                                        2025




651              (c)     By whose authority the products were seized,
652      delivered, and destroyed.
653              (d)     The dates of the seizure, disposal, and destruction of
654      the products.
655
656      Records under this subsection must be open to inspection by all
657      persons charged with the enforcement of ss. 581.217 and 581.218.
658              (3)     The cost of seizure, confiscation, and destruction of
659      contraband hemp consumable THC products is borne by the person
660      from whom the products are seized.
661              (4)     Except as otherwise provided in this section, the
662      procedures of the Florida Contraband Forfeiture Act apply to
663      this section.
664              Section 5.         Effective January 1, 2026, section 581.220,
665      Florida Statutes, is created to read:
666              581.220       Ingesting hemp consumable THC products prohibited
667      near school property.—
668              (1)     A person may not ingest hemp consumable THC products,
669      as defined in s. 581.217(3), in, on, or within 1,000 feet of the
670      real property comprising a public or private elementary, middle,
671      or secondary school between the hours of 6 a.m. and midnight.
672      This section does not apply to a person who is in a moving
673      vehicle or within a private residence.
674              (2)     A law enforcement officer may issue a citation in such
675      form as prescribed by a county or municipality to any person who

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         PCB HAT 25-01                                                                                        2025




676      violates this section. The citation must contain all of the
677      following:
678              (a)     The date and time of issuance.
679              (b)     The name and address of the person cited.
680              (c)     The date and time the civil infraction was committed.
681              (d)     The statute violated.
682              (e)     The facts constituting the violation.
683              (f)     The name and authority of the law enforcement officer.
684              (g)     The procedure for the person to follow to pay the
685      civil penalty, to contest the citation, or to appear in court.
686              (h)     The applicable civil penalty if the person elects not
687      to contest the citation.
688              (3)     Any person issued a citation pursuant to this section
689      is charged with a civil infraction, punishable by a civil
690      penalty of up to $25, 50 hours of community service, or, where
691      available, successful completion of a school-approved, anti-
692      drug, alternative-to-suspension program.
693              (4)     Any person who fails to comply with the directions on
694      the citation waives his or her right to contest the citation,
695      and an order to show cause may be issued by the court.
696              Section 6.         Effective January 1, 2026, subsection (1) of
697      section 565.04, Florida Statutes, is amended to read:
698              565.04       Package store restrictions.—
699              (1)     Vendors licensed under s. 565.02(1)(a) shall not in
700      said place of business sell, offer, or expose for sale any

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         PCB HAT 25-01                                                                                        2025




701      merchandise other than such beverages, and such places of
702      business shall be devoted exclusively to such sales; provided,
703      however, that such vendors shall be permitted to sell bitters;
704      grenadine; nonalcoholic mixer-type beverages, not to include
705      fruit juices produced outside this state; fruit juices produced
706      in this state; home bar and party supplies and equipment,
707      including but not limited to glassware and party-type foods;
708      miniatures of no alcoholic content; nicotine products; and
709      tobacco products. Such places of business shall have no openings
710      permitting direct access to any other building or room, except
711      to a private office or storage room of the place of business
712      from which patrons are excluded. Vendors licensed under s.
713      565.02(1)(a) may sell hemp consumable THC products in accordance
714      with s. 581.217 and 581.218.
715              Section 7.         Effective January 1, 2026, paragraph (a) of
716      subsection (2) of section 565.045, Florida Statutes, is amended
717      to read:
718              565.045       Regulations for consumption on premises; penalty;
719      exemptions.—
720              (2)(a)       There shall not be sold at such places of business
721      anything other than the beverages permitted, home bar and party
722      supplies and equipment (including, but not limited to, glassware
723      and party-type foods), cigarettes, hemp consumable THC products
724      in accordance with s. 581.217 and 581.218, and what is
725      customarily sold in a restaurant.

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         PCB HAT 25-01                                                                                        2025




726              Section 8.         Section 569.006, Florida Statutes, is amended
727      to read:
728              569.006       Retail tobacco products dealers; administrative
729      penalties.—The division may suspend or revoke the permit of the
730      dealer upon sufficient cause appearing of the violation of any
731      of the provisions of s. 581.217, s. 581.218, or this chapter,
732      including part II of this chapter if the dealer deals, at
733      retail, in nicotine products within the state or allows a
734      nicotine products vending machine to be located on its premises
735      within the state, by a dealer or by a dealer's agent or
736      employee. The division may also assess and accept administrative
737      fines of up to $1,000 against a dealer for each violation. The
738      division shall deposit all fines collected into the General
739      Revenue Fund as collected. An order imposing an administrative
740      fine becomes effective 15 days after the date of the order. The
741      division may suspend the imposition of a penalty against a
742      dealer, conditioned upon the dealer's compliance with terms the
743      division considers appropriate.
744              Section 9.         Section 569.35, Florida Statutes, is amended to
745      read:
746              569.35       Retail nicotine product dealers; administrative
747      penalties.—The division may suspend or revoke the permit of a
748      dealer, including the retail tobacco products dealer permit of a
749      retail tobacco products dealer as defined in s. 569.002(4), upon
750      sufficient cause appearing of the violation of any of the

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         PCB HAT 25-01                                                                                        2025




751      provisions of s. 581.217, s. 581.218, or this part, by a dealer,
752      or by a dealer's agent or employee. The division may also assess
753      and accept an administrative fine of up to $1,000 against a
754      dealer for each violation. The division shall deposit all fines
755      collected into the General Revenue Fund as collected. An order
756      imposing an administrative fine becomes effective 15 days after
757      the date of the order. The division may suspend the imposition
758      of a penalty against a dealer, conditioned upon the dealer's
759      compliance with terms the division considers appropriate.
760              Section 10.           Except as otherwise expressly provided in this
761      act, this act shall take effect July 1, 2025.




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