Florida Senate - 2015 SENATOR AMENDMENT
Bill No. CS for CS for SB 7066
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LEGISLATIVE ACTION
Senate . House
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Senator Clemens moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 844 and 845
4 insert:
5 Section 3. Section 581.301, Florida Statutes, is created to
6 read:
7 581.301 Hemp.—
8 (1) DEFINITION.—As used in this section, the term “hemp”
9 means all parts of any plant of the genus Cannabis containing no
10 more than 0.3 percent delta-9 tetrahydrocannabinol.
11 (2) AGRICULTURAL CROP.—Hemp is considered an agricultural
12 commodity in this state which produces a viable, environmentally
13 sound crop that requires less irrigation, fewer pesticides, and
14 fewer toxic refinery processes than alternative materials and
15 has multiple applications that include a wide variety of
16 manufactured and fabricated products. The Legislature intends to
17 promote economic development and job growth through the
18 cultivation, processing, distribution, manufacturing, and sale
19 of hemp. Upon meeting the requirements of subsection (3), an
20 individual in this state may plant, grow, or harvest hemp.
21 (3) REGISTRATION.—
22 (a) Except as provided in this section, an individual
23 intending to grow hemp must register with the department through
24 submission of a form provided by the department containing:
25 1. The name and address of the individual.
26 2. A statement that the seeds obtained for planting are of
27 a type and variety containing no more than 0.3 percent delta-9
28 tetrahydrocannabinol.
29 3. The location and acreage of all parcels sown with hemp
30 and other field identification as may be required by the
31 department.
32 (b) An individual registered with the department pursuant
33 to this section must allow hemp crops to be inspected and tested
34 by and at the discretion of the department throughout sowing,
35 growing season, harvest, storage, processing, manufacturing, and
36 distribution.
37 (c) The department may assess an annual registration fee on
38 growers of up to $100 for the performance of its duties under
39 this section.
40 (d) The registration requirements of this section do not
41 apply to employees of the Florida Agricultural Experiment
42 Station of the University of Florida, Florida Cooperative
43 Extension Service of the University of Florida, or the State
44 University System involved in research or extension-related
45 activities.
46 (4) RULEMAKING.—
47 (a) The department shall adopt rules that include, but are
48 not limited to:
49 1. Testing of the hemp during growth to determine delta-9
50 tetrahydrocannabinol levels.
51 2. Inspection of the hemp during sowing, growing season,
52 harvest, storage, processing, manufacturing, and distribution.
53 3. Assessment of a fee that is commensurate with the costs
54 of the department’s activities in testing and inspection of hemp
55 production.
56 4. Any other rules and procedures necessary to carry out
57 this section.
58 (b) The department may not adopt under this chapter, or any
59 other provision of law, a rule that prohibits an individual from
60 growing, processing, distributing, manufacturing, or selling
61 hemp based on its legal status under federal law.
62 (5) AFFIRMATIVE DEFENSE FOR CANNABIS OFFENSES.—It is an
63 affirmative defense to a charge or prosecution for the
64 possession, cultivation, manufacturing, delivery, distribution,
65 or sale of cannabis under chapter 893 that:
66 (a) The defendant was growing, processing, distributing,
67 manufacturing, or selling hemp pursuant to this section; or
68 (b) The defendant had valid applicable controlled
69 substances registrations from the United States Drug Enforcement
70 Administration.
71 (6) EXCEPTIONS TO OTHER LAWS.—It is not a violation of
72 state or local law for an individual to grow, process,
73 distribute, move, manufacture, dispose of, sell, purchase, or
74 possess hemp.
75
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete line 128
79 and insert:
80 the compassionate use registry; creating s. 581.301,
81 F.S.; defining a term; providing that hemp is an
82 agricultural crop; providing legislative intent;
83 requiring registration of hemp producers; providing
84 registration requirements; requiring an individual
85 registered with the Department of Agriculture and
86 Consumer Services to allow hemp crops to be inspected
87 and tested by the department; authorizing the
88 department to assess an annual registration fee;
89 providing exemptions to the registration requirement;
90 requiring the department to adopt rules; providing for
91 an affirmative defense to certain charges relating to
92 cannabis; providing exceptions to other laws; amending
93 s. 893.055,