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.