Florida Senate - 2025                              CS for SB 438
       
       
        
       By the Committee on Agriculture; and Senators Burton and Davis
       
       
       
       
       
       575-02504-25                                           2025438c1
    1                        A bill to be entitled                      
    2         An act relating to food and hemp products; amending s.
    3         381.988, F.S.; providing that a marijuana testing
    4         laboratory may acquire hemp and hemp extract only from
    5         certain businesses; prohibiting a marijuana testing
    6         laboratory from selling, distributing, or transferring
    7         hemp or hemp extract from certain businesses;
    8         requiring a marijuana testing laboratory to separate
    9         marijuana received from certain entities from hemp or
   10         hemp extract received from certain entities; amending
   11         s. 581.217, F.S.; revising legislative findings;
   12         revising definitions; defining terms; revising
   13         requirements for the sale and distribution of hemp
   14         extract; deleting provisions related to the
   15         distribution and sale of hemp extract; providing an
   16         exception; prohibiting businesses or food
   17         establishments from possessing hemp or hemp extract
   18         products that are attractive to children; prohibiting
   19         unpermitted business sales, street sales, or festival
   20         sales of hemp extract; prohibiting a business
   21         permitted to sell hemp or hemp extract from being
   22         located in certain areas; providing requirements for
   23         businesses permitted to sell hemp or hemp extract;
   24         including THC-infused beverages in the list of
   25         products prohibited for sale to a person under 21
   26         years of age; providing a penalty for hemp extract
   27         possessed, manufactured, delivered, held, offered for
   28         sale, distributed, or sold by certain entities in
   29         violation of specified provisions; prohibiting the
   30         Department of Agriculture and Consumer Services from
   31         granting permission to remove or use certain hemp
   32         extract products until it has determined that such
   33         hemp extract products comply with state law;
   34         prohibiting event organizers from promoting,
   35         advertising, or facilitating certain events; requiring
   36         organizers of certain events to provide a list of
   37         certain vendors to the department, verify that such
   38         vendors are selling hemp products only from approved
   39         sources, and ensure that such vendors are properly
   40         permitted; providing for administrative fines;
   41         requiring that each final batch of hemp extract be
   42         tested in a certified marijuana testing laboratory
   43         before it may be sold in this state; providing
   44         construction; requiring the department to create
   45         procedures for the testing of hemp extract that fails
   46         to meet specified requirements; authorizing the
   47         department to select and test samples of hemp extract
   48         from a retail store, hemp distributor, or hemp
   49         cultivator for certain purposes; requiring retail
   50         stores to recall hemp extract that fails to meet
   51         specified requirements; requiring that a certified
   52         marijuana testing laboratory retain records of each
   53         final batch of tested and sampled hemp extract for a
   54         specified timeframe; prohibiting the retail sale of
   55         THC-infused beverages at certain locations;
   56         prohibiting THC-infused beverages from containing
   57         alcoholic or intoxicating beverages; providing that
   58         THC-infused beverages may be distributed only by
   59         certain distributors; prohibiting distributors of THC
   60         infused beverages from taking certain actions;
   61         prohibiting a retail vendor of THC-infused beverages
   62         from purchasing or obtaining such beverages from a
   63         person not licensed as a distributor; prohibiting a
   64         retail vendor of THC-infused beverages from attempting
   65         to return or exchange a THC-infused beverage under
   66         certain circumstances; providing for administrative
   67         fines; providing an appropriation; reenacting s.
   68         500.03(1)(n), F.S., relating to definitions, to
   69         incorporate the amendment made to s. 581.217, F.S., in
   70         references thereto; providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Subsection (4) of section 381.988, Florida
   75  Statutes, is amended to read:
   76         381.988 Medical marijuana testing laboratories; marijuana
   77  tests conducted by a certified laboratory.—
   78         (4) A marijuana testing laboratory may acquire marijuana
   79  only from a medical marijuana treatment center and may acquire
   80  hemp and hemp extract only from a business that is licensed or
   81  permitted under s. 581.217. A marijuana testing laboratory is
   82  prohibited from selling, distributing, or transferring marijuana
   83  received from a marijuana treatment center, or hemp or hemp
   84  extract received from a business licensed or permitted under s.
   85  581.217, except that a marijuana testing laboratory may transfer
   86  a sample to another marijuana testing laboratory in this state.
   87  A marijuana test laboratory must keep marijuana received from a
   88  medical marijuana treatment center separated from hemp or hemp
   89  extract received from a business that is licensed or permitted
   90  under s. 581.217.
   91         Section 2. Present subsections (8) through (13) of section
   92  581.217, Florida Statutes, are redesignated as subsections (10)
   93  through (15), respectively, present paragraphs (b) through (f)
   94  of subsection (3) are redesignated as paragraphs (c) through
   95  (g), respectively, new subsections (8) and (9) are added to that
   96  section, new paragraphs (b) and (i) are added to subsection (3)
   97  of that section, and paragraph (b) of subsection (2), present
   98  paragraphs (a), (e), (f), and (g) of subsection (3), subsection
   99  (7), and paragraph (c) of present subsection (13) of that
  100  section are amended to read:
  101         581.217 State hemp program.—
  102         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
  103         (b) Hemp and hemp extract Hemp-derived cannabinoids,
  104  including, but not limited to, cannabidiol, are not controlled
  105  substances or adulterants if they are in compliance with this
  106  section.
  107         (3) DEFINITIONS.—As used in this section, the term:
  108         (a) “Attractive to children” means manufactured in the
  109  shape of or packaged in containers displaying humans, cartoons,
  110  or animals, toys, or other features that target children;
  111  manufactured in a form or packaged in a container that bears any
  112  reasonable resemblance to an existing candy or snack product
  113  that is familiar to the public; manufactured in a form or
  114  packaged in a container that bears any reasonable resemblance to
  115  a as a widely distributed, branded food product such that the a
  116  product could be mistaken for the branded food product,
  117  especially by children; or containing any color additives.
  118         (b)“Certified marijuana testing laboratory” means a
  119  laboratory that is certified by the Department of Health
  120  pursuant to s. 381.988.
  121         (f)(e) “Hemp” means the plant Cannabis sativa L. and any
  122  part of that plant, including the seeds thereof, and all
  123  derivatives, extracts, cannabinoids, isomers, acids, salts, and
  124  salts of isomers thereof, whether growing or not, that has a
  125  total delta-9-tetrahydrocannabinol concentration that does not
  126  exceed 0.3 percent on a dry-weight basis, with the exception of
  127  hemp extract, which may not exceed 0.3 percent total delta-9
  128  tetrahydrocannabinol concentration on a wet-weight basis or
  129  which does not exceed 5 milligrams per serving and 50 milligrams
  130  per container on a wet-weight basis, whichever is less, except
  131  that a THC-infused beverage may not contain more than 5
  132  milligrams per unopened can or bottle or in any other sealed
  133  container.
  134         (g)(f) “Hemp extract” means hemp that is a substance or
  135  compound intended for ingestion or inhalation and that contains,
  136  containing more than trace amounts of a cannabinoid but, or for
  137  inhalation which is derived from or contains hemp and which does
  138  not contain controlled substances listed in s. 893.03; any
  139  quantity of synthetic cannabinoids; or delta-8
  140  tetrahydrocannabinol, delta-10-tetrahydrocannabinol,
  141  hexahydrocannabinol, tetrahydrocannabinol acetate,
  142  tetrahydrocannabiphorol, or tetrahydrocannabivarin. The term
  143  does not include synthetic cannabidiol or seeds or seed-derived
  144  ingredients that are generally recognized as safe by the United
  145  States Food and Drug Administration.
  146         (h)(g)“THC-infused beverage” means a soft drink, soda,
  147  juice, tea, or other beverage intended for ingestion which
  148  contains hemp extract in an amount not to exceed 5 milligrams
  149  per unopened can or bottle or in any other sealed container
  150  “Independent testing laboratory” means a laboratory that:
  151         1.Does not have a direct or indirect interest in the
  152  entity whose product is being tested;
  153         2.Does not have a direct or indirect interest in a
  154  facility that cultivates, processes, distributes, dispenses, or
  155  sells hemp or hemp extract in the state or in another
  156  jurisdiction or cultivates, processes, distributes, dispenses,
  157  or sells marijuana, as defined in s. 381.986; and
  158         3.Is accredited by a third-party accrediting body as a
  159  competent testing laboratory pursuant to ISO/IEC 17025 of the
  160  International Organization for Standardization.
  161         (i)“Total delta-9-tetrahydrocannabinol concentration”
  162  means a concentration calculated as follows: [delta-9
  163  tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic
  164  acid]).
  165         (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—
  166         (a) Hemp extract may only be distributed and sold in this
  167  the state if the product meets all of the following
  168  requirements:
  169         1. Is in compliance with the testing requirements set forth
  170  in subsection (8). Has a certificate of analysis prepared by an
  171  independent testing laboratory that states:
  172         a.The hemp extract is the product of a batch tested by the
  173  independent testing laboratory;
  174         b.The batch contained a total delta-9-tetrahydrocannabinol
  175  concentration that did not exceed 0.3 percent pursuant to the
  176  testing of a random sample of the batch;
  177         c.The batch does not contain contaminants unsafe for human
  178  consumption; and
  179         2.d.The batch Was processed in a facility that holds a
  180  current and valid permit issued by a human health or food safety
  181  regulatory entity with authority over the facility, and that
  182  facility meets the human health or food safety sanitization
  183  requirements of the regulatory entity. Such compliance must be
  184  documented by a report from the regulatory entity confirming
  185  that the facility meets such requirements.
  186         3.2. Is distributed or sold in a container that includes:
  187         a. A scannable barcode or quick response code linked to the
  188  certificate of analysis of the final hemp extract batch by a
  189  certified marijuana an independent testing laboratory;
  190         b. The batch number;
  191         c. The Internet address of a website where batch
  192  information may be obtained;
  193         d. The expiration date; and
  194         e. The number of milligrams of each marketed cannabinoid
  195  per serving; and
  196         f.The toll-free telephone number for the national Poison
  197  Help line.
  198         4.3. Is distributed or sold in a container that:
  199         a. Is suitable to contain products for human consumption;
  200         b. Is composed of materials designed to minimize exposure
  201  to light;
  202         c. Mitigates exposure to high temperatures;
  203         d. Is not attractive to children; and
  204         e. Is compliant with the United States Poison Prevention
  205  Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
  206  regard to provided exemptions.
  207         (b) Except as required under this section for the retail
  208  sale of THC-infused beverages, hemp extract may only be sold to
  209  or procured by a business in this state if that business is
  210  properly permitted as required by chapter 500 this section. A
  211  business or food establishment may not possess hemp or hemp
  212  extract products that are attractive to children. Unpermitted
  213  business sales, street sales, or festival sales are not allowed.
  214  A business or food establishment permitted to sell hemp or hemp
  215  extract may not be located within 500 feet of a school or day
  216  care facility, a retail outlet engaged in the business of
  217  selling motor fuel, or a retail facility in possession of a
  218  valid permit to sell hemp or hemp extract. Businesses and food
  219  establishments permitted to sell hemp or hemp extract:
  220         1.May not advertise the availability of such products in a
  221  manner that is visible to members of the public from any street,
  222  sidewalk, park, or other public place. A business or food
  223  establishment permitted to sell hemp extract may not use a trade
  224  name, a logo, or advertising that contains wording or images
  225  that are attractive to children; that implies that such products
  226  confer health or medical benefits that are unsubstantiated; or
  227  that suggests that the business or food establishment is
  228  affiliated with a medical office or other health care facility.
  229  Advertising may not use the terms “THC” or “medical card” or
  230  similar terms.
  231         2.Shall keep records pertaining to lab testing results and
  232  the suppliers of hemp extract products for a minimum of 3 years
  233  and shall have procedures in place to effect a recall of any
  234  hemp extract later determined to be unsafe for human
  235  consumption.
  236         3.Shall store all such products out of reach of customers,
  237  either in a controlled area accessible only to employees or in a
  238  locked display case, excluding hemp-infused beverages.
  239         (c) Hemp extract distributed or sold in this state is
  240  subject to the applicable requirements of chapter 500, chapter
  241  502, or chapter 580.
  242         (d) Products that are intended for human ingestion or
  243  inhalation and that contain hemp extract, including, but not
  244  limited to, THC-infused beverages, snuff, chewing gum, and other
  245  smokeless products, may not be sold in this state to a person
  246  who is under 21 years of age. A person who violates this
  247  paragraph commits a misdemeanor of the second degree, punishable
  248  as provided in s. 775.082 or s. 775.083. A person who commits a
  249  second or subsequent violation of this paragraph within 1 year
  250  after the initial violation commits a misdemeanor of the first
  251  degree, punishable as provided in s. 775.082 or s. 775.083.
  252         (e) Hemp extract possessed, manufactured, delivered, held,
  253  offered for sale, distributed, or sold in violation of this
  254  subsection by an entity regulated under chapter 500 is subject
  255  to s. 500.172 and penalties as provided in s. 500.121. Hemp
  256  extract products found to be mislabeled or attractive to
  257  children are subject to an immediate stop-sale order. The
  258  department may not grant permission to remove or use, except for
  259  disposal, hemp extract products subject to a stop-sale order
  260  which are attractive to children until the department has
  261  determined that the hemp extract products comply with state law.
  262         (f)1.An event organizer may not promote, advertise, or
  263  facilitate an event where:
  264         a.Hemp extract products that do not comply with general
  265  law, including hemp extract products that are not from an
  266  approved source as provided in sub-subparagraph (a)2., are sold
  267  or marketed; or
  268         b.Hemp extract products are sold or marketed by businesses
  269  that are not properly permitted as required by this section and
  270  chapter 500.
  271         2.Before an event where hemp extract products are sold or
  272  marketed, an event organizer must provide to the department a
  273  list of the businesses selling or marketing hemp extract
  274  products at the event and verify that each business is selling
  275  hemp products only from an approved source. The event organizer
  276  must ensure that each participating business is properly
  277  permitted as required by this section and chapter 500.
  278         3.A person who violates this paragraph is subject to an
  279  administrative fine in the Class III category under s. 570.971
  280  for each violation.
  281         (8) TESTING.—
  282         (a)Each final batch of hemp extract must be tested using a
  283  certified marijuana testing laboratory before it may be sold in
  284  this state. Test results must be verified and signed by two
  285  laboratory employees. The certified marijuana testing laboratory
  286  must determine whether the test results indicate that the
  287  product meets the definition of hemp and hemp extract, the
  288  labeling of the concentration of tetrahydrocannabinol and
  289  cannabidiol is accurate, and the product is free from
  290  contaminants that are unsafe for human consumption.
  291         (b)The department shall create procedures for the
  292  treatment of hemp extract that fails to meet the testing
  293  requirements of this section or department rule.
  294         (c)The department may select and test samples of hemp
  295  extract from a retail store, hemp distributor, or hemp
  296  cultivator to determine whether the product meets the
  297  requirements of this section, is safe for human consumption, and
  298  is accurately labeled.
  299         (d)A retail store must recall hemp extract that fails to
  300  meet the requirements of this section, is unsafe for human
  301  consumption, or is mislabeled.
  302         (e)The certified marijuana testing laboratory must retain
  303  records of all testing and samples of each final batch of hemp
  304  extract for 9 months.
  305         (9) SALE OF THC-INFUSED BEVERAGES.
  306         (a) It is unlawful to sell, at retail, THC-infused
  307  beverages at a location other than premises licensed to sell
  308  alcoholic beverages under s. 565.02(1)(a)-(g). THC-infused
  309  beverages may not contain alcoholic beverages or intoxicating
  310  beverages as defined in s. 561.01(4) and (5), respectively.
  311         (b) THC-infused beverages may only be distributed in this
  312  state by a distributor licensed under the Beverage law, as
  313  described in s. 561.14(2). A distributor of THC-infused
  314  beverages may not:
  315         1. Assist any retail vendor by any gift or loan of money or
  316  property of any description, including equipment, fixtures, or
  317  furnishings.
  318         2. Sell or provide THC-infused beverages to a retail vendor
  319  who does not hold an active permit required under paragraph
  320  (7)(b).
  321         3. Make consignment sales to retail vendors of THC-infused
  322  beverages, including any right of return or exchange because the
  323  product is over-stocked or slow-moving.
  324         4. Give a retailer of THC-infused beverages anything of
  325  value to promote THC-infused beverages, or to provide shelf
  326  space or floor space to stock or promote THC-infused beverages.
  327         (c) A retail vendor of THC-infused beverages may not
  328  purchase or otherwise obtain such beverages from a person not
  329  licensed as a distributor licensed under the Beverage Law as
  330  described in s. 561.14(2).
  331         (d) A retail vendor of THC-infused beverages may not
  332  attempt to return or exchange to a distributor any THC-infused
  333  beverage because the product is over-stocked or slow-moving.
  334         (e) A person regulated under the Beverage Law who
  335  possesses, delivers, holds, offers for sale, or distributes THC
  336  infused beverages is subject to discipline under s. 561.29, and
  337  such beverages are subject to s. 500.172. A person who violates
  338  this subsection is subject to an administrative fine in the
  339  Class III category under s. 570.971 for each violation.
  340         (15)(13) APPLICABILITY.—Notwithstanding any other law:
  341         (c) A licensee who negligently violates this section or
  342  department rules is not subject to any criminal or civil
  343  enforcement action by the state or a local government other than
  344  the enforcement of violations of this section as authorized
  345  under subsection (12) (10).
  346         Section 3. For the 2025-2026 fiscal year, the sum of $2
  347  million in nonrecurring funds is appropriated from the General
  348  Revenue Fund to the Department of Law Enforcement for the
  349  purchase of testing equipment necessary to implement this act.
  350         Section 4. For the purpose of incorporating the amendment
  351  made by this act to section 581.217, Florida Statutes, in a
  352  reference thereto, paragraph (n) of subsection (1) of section
  353  500.03, Florida Statutes, is reenacted to read:
  354         500.03 Definitions; construction; applicability.—
  355         (1) For the purpose of this chapter, the term:
  356         (n) “Food” includes:
  357         1. Articles used for food or drink for human consumption;
  358         2. Chewing gum;
  359         3. Articles used for components of any such article;
  360         4. Articles for which health claims are made, which claims
  361  are approved by the Secretary of the United States Department of
  362  Health and Human Services and which claims are made in
  363  accordance with s. 343(r) of the federal act, and which are not
  364  considered drugs solely because their labels or labeling contain
  365  health claims;
  366         5. Dietary supplements as defined in 21 U.S.C. s.
  367  321(ff)(1) and (2); and
  368         6. Hemp extract as defined in s. 581.217.
  369  
  370  The term includes any raw, cooked, or processed edible
  371  substance; ice; any beverage; or any ingredient used, intended
  372  for use, or sold for human consumption.
  373         Section 5. This act shall take effect October 1, 2025.