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