Florida Senate - 2016                                     SB 554
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-00291A-16                                           2016554__
    1                        A bill to be entitled                      
    2         An act relating to hemp production; providing a short
    3         title; creating s. 581.301, F.S.; providing a
    4         definition; specifying that hemp is an agricultural
    5         crop; providing legislative intent; requiring the
    6         registration of hemp growers; providing registration
    7         requirements; allowing the department to assess
    8         registration fees; providing exemptions; requiring
    9         rulemaking; providing for an affirmative defense to
   10         certain charges relating to cannabis; providing
   11         exceptions to other laws; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Hemp Industry
   16  Development Act.”
   17         Section 2. Section 581.301, Florida Statutes, is created to
   18  read:
   19         581.301 Hemp production; registration of growers.—
   20         (1) DEFINITION.—As used in this section, the term “hemp”
   21  means all parts of any plant of the genus Cannabis containing no
   22  more than 0.3 percent delta-9-tetrahydrocannabinol.
   23         (2) AGRICULTURAL CROP.—Hemp is considered an agricultural
   24  crop in this state that produces a viable, environmentally sound
   25  crop requiring less irrigation and fewer pesticides to
   26  cultivate, and fewer toxic processes to refine, than alternative
   27  materials. Furthermore, hemp has multiple applications and can
   28  be utilized in a wide variety of manufactured and fabricated
   29  products. The intent of the Legislature is to promote economic
   30  development and job growth through the cultivation, processing,
   31  distribution, manufacturing, and sale of hemp. Upon meeting the
   32  requirements of subsection (3), an individual may plant, grow,
   33  or harvest hemp in this state. This hemp can be distributed, in
   34  consideration of s. 505 of the Food, Drug, and Cosmetic Act, 21
   35  U.S.C. s. 355, to all states and numerous countries.
   36         (3) REGISTRATION OF GROWERS.—
   37         (a) Except as provided in this section, an individual
   38  intending to grow hemp shall register with the department by
   39  submitting a form provided by the department containing:
   40         1. The individual’s name and address.
   41         2. A statement that the seeds obtained for planting are of
   42  a type and variety containing no more than 0.3 percent delta-9
   43  tetrahydrocannabinol.
   44         3. The location and acreage of all parcels sown with hemp
   45  and other field identification as may be required by the
   46  department.
   47         (b) An individual registered with the department as a
   48  grower pursuant to this section must allow hemp crops to be
   49  inspected and tested by and at the discretion of the department
   50  throughout sowing, growing, harvest, storage, processing,
   51  manufacturing, and distribution operations conducted by that
   52  grower.
   53         (c) The department may assess an annual registration fee on
   54  each grower of up to $100 for the performance of its duties
   55  under this section.
   56         (d) The registration requirements of this section do not
   57  apply to employees of the Experiment Station of the University
   58  of Florida, Extension Service of the University of Florida, or
   59  the state university system involved in research or extension
   60  related activities when acting within the scope of their duties.
   61         (4) RULEMAKING.—
   62         (a) The department shall adopt rules that include, but are
   63  not limited to:
   64         1. Testing of the hemp during growth to determine delta-9
   65  tetrahydrocannabinol levels.
   66         2. Inspection of the hemp during sowing, growing, harvest,
   67  storage, processing, manufacturing, and distribution operations
   68  conducted by a registered grower.
   69         3. Assessment of a fee that is commensurate with the costs
   70  of the department’s activities in testing and inspection of hemp
   71  production.
   72         4. Any other rules and procedures necessary to carry out
   73  this section.
   74         (b) The department may not adopt under this chapter, or any
   75  other provision of law, a rule that prohibits an individual from
   76  growing, processing, distributing, manufacturing, or selling
   77  hemp based on its legal status under federal law.
   78         (5) AFFIRMATIVE DEFENSE FOR CANNABIS OFFENSES.—It is an
   79  affirmative defense to a charge or prosecution for the
   80  possession, cultivation, manufacturing, delivery, distribution,
   81  or sale of cannabis under chapter 893 that:
   82         (a) The defendant was growing, processing, distributing,
   83  manufacturing, or selling hemp pursuant to this section; or
   84         (b) The defendant had valid applicable controlled
   85  substances registrations from the United States Drug Enforcement
   86  Administration.
   87         (6) EXCEPTIONS TO OTHER LAWS.—It is not a violation of
   88  state or local law for an individual to grow, process,
   89  distribute, move, manufacture, dispose of, sell, purchase, or
   90  possess hemp.
   91         Section 3. This act shall take effect July 1, 2016.