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.