Florida Senate - 2021 SB 1766
By Senator Powell
30-00477-21 20211766__
1 A bill to be entitled
2 An act relating to the sale of hemp-derived delta-8
3 tetrahydrocannabinol; creating s. 581.218, F.S.;
4 defining terms; prohibiting retailers from selling
5 hemp-derived delta-8-tetrahydrocannabinol products to
6 individuals who are under 21 years of age; providing
7 requirements for the delivery of such products;
8 providing civil and criminal penalties; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 581.218, Florida Statutes, is created to
14 read:
15 581.218 Delivery sale of hemp-derived delta-8
16 tetrahydrocannabinol products; penalty.—
17 (1) As used in this section, the term:
18 (a) “Consumer” means a person in this state who possesses a
19 hemp-derived delta-8-tetrahydrocannabinol product and who is not
20 a retailer, a wholesaler, or a distributor intending to sell or
21 distribute the product.
22 (b) “Delivery sale” means any sale of hemp-derived delta-8
23 tetrahydrocannabinol products to a consumer for which:
24 1. The consumer submits an order for the sale by telephone
25 or other voice transmission device, mail, delivery service, or
26 the Internet service; or
27 2. The products are delivered by mail or delivery service.
28 (c) “Delivery service” means any person engaged in the
29 commercial delivery of letters, packages, or other containers.
30 (d) “Hemp” has the same meaning as in s. 581.217.
31 (e) “Hemp-derived delta-8-tetrahydrocannabinol” means the
32 cannabinoid delta-8-tetrahydrocannabinol as a derivative,
33 extract, isomer, acid, salt, or salt of isomers of hemp, whether
34 growing or not, which has a total delta-9-tetrahydrocannabinol
35 concentration that does not exceed 0.3 percent on a dry weight
36 basis pursuant to a certification analysis that confirms such
37 concentration.
38 (f) “Mail” means the shipment of hemp-derived delta-8
39 tetrahydrocannabinol products through the United States Postal
40 Service or other letter carrier.
41 (g) “Retailer” means a person who is not a licensed
42 distributor but is in possession of hemp-derived delta-8
43 tetrahydrocannabinol products for the purpose of selling the
44 products to a consumer.
45 (h) “Shipping document” means a bill of lading, air-bill,
46 United States Postal Service form, or any other document used to
47 verify the delivery service’s delivery of letters, packages, or
48 other containers.
49 (2) A sale of hemp-derived delta-8-tetrahydrocannabinol
50 products constitutes a delivery sale regardless of whether the
51 person accepting the order for the delivery sale is located
52 inside or outside of this state. A retailer may not sell hemp
53 derived delta-8-tetrahydrocannabinol products to a consumer who
54 is under 21 years of age. The retailer must provide notice to
55 their customers, in a prominent and clearly legible statement,
56 specifying that customers must be 21 years of age or older to
57 buy such products.
58 (3) A retailer who mails or ships any hemp-derived delta-8-
59 tetrahydrocannabinol products to fulfill an order for a delivery
60 sale must:
61 (a) Obtain a certification from the consumer who is
62 purchasing the product that he or she is 21 years of age or
63 older;
64 (b) Include as part of the order’s shipping documents, in a
65 clear and conspicuous manner, the following statement: “Hemp
66 derived Delta-8-Tetrahydrocannabinol Products: Florida law
67 prohibits shipping to individuals under 21 years of age and
68 requires the payment of all applicable taxes”; and
69 (c) Be in compliance with any labeling requirements,
70 pursuant to department rule for the state hemp program.
71 (4)(a) A person who violates this section who is 21 years
72 of age or older commits a misdemeanor of the first degree,
73 punishable as provided in s. 775.082 or s. 775.083, and:
74 1. For a first violation of this section, the person shall
75 be fined $1,000 or 5 times the retail value of the product
76 involved in the violation, whichever is greater.
77 2. For a second or subsequent violation, the person shall
78 be fined $5,000 or 5 times the retail value of the product
79 involved in the violation, whichever is greater.
80 (b) A person who is 21 years of age or older and knowingly
81 submits a false certification of a consumer’s age commits a
82 misdemeanor of the first degree, punishable as provided in s.
83 775.082 or s. 775.083. For each offense, the individual shall be
84 fined $5,000 or 5 times the retail value of the product involved
85 in the violation, whichever is greater.
86 (c) A person who, in connection with a delivery sale,
87 delivers a hemp-derived delta-8-tetrahydrocannabinol product on
88 behalf of a delivery service to an individual who is not 21
89 years of age or older commits a misdemeanor of the first degree,
90 punishable as provided in s. 775.082 or s. 775.083.
91 (d) A person who is under 21 years of age and who knowingly
92 violates this section commits a misdemeanor of the first degree,
93 punishable as provided in s. 775.082 or s. 775.083.
94 Section 2. This act shall take effect July 1, 2021.