With the laws constantly changing regarding hemp & CBD, it’s important that you know where you stand!
The 2018 Farm Bill legalized hemp by separating it from the definition of marijuana under the Controlled Substances Act. This has led to a variety of different legislative and regulatory changes at the state level. Most states have introduced legislation allowing hemp to be grown within their borders, with a smaller number introducing regulations to control the sale of products that are derived from hemp.
Senate Bill 1020 went into effect in Florida on July 1st. This bill allows for the creation of regulation for the cultivation inline with the 2018 Farm Bill. It also legalizes the sale of hemp extracts.
Florida has defined ‘hemp extract’ as ‘a substance or compound intended for ingestion that is derived from or contains hemp, and that does not contain other controlled substances.’ Growers must obtain a license to cultivate hemp from the Florida Department of Agriculture and Consumer Services (FDACS).
Regarding the sale of hemp products and hemp extract, products can only be sold in Florida if they meet the following requirements:
- Has a certificate of analysis prepared by an independent testing laboratory that states the extract is the product of a batch tested by the lab, containing less than 0.3 percent THC and free of unsafe contaminants; and
- Is distributed or sold in packaging that includes all of the following:
- Scannable barcode or QR codes that are linked to the product’s certificate of analysis
- Batch number and expiration date
- A web address that publicly displays the batch information or where the information can be obtained
- How much hemp extract is in the product in milligrams
- A statement which says the THC content does not exceed 0.3%
The new regulations cover the use of hemp extract in foods, cosmetics, and the transportation of hemp around the state of Florida. It’s important that if you’re planning on manufacturing, distributing, or selling hemp CBD products that you first speak with an attorney. There are a variety of regulations covering everything from the cultivate of hemp, the manufacturing of extracts, to how your hemp is sourced, and beyond.
There is a lot of interest in hemp and CBD products across the state. Florida has the third-largest population of any state in the U.S. with a large portion of it being elderly. It’s no surprise the sunshine state has proven to be a big market for hemp-CBD businesses.
The FDACS has thoroughly crafted their hemp-CBD program and along with how it will be managed moving forward from seed to sale. The rules surrounding the production of food products, cosmetics, smokables, and other categories of products containing hemp-derived elements aren’t straight forward, so it’s important that speak with an attorney before producing any products.
Florida has submitted their domestic hemp regulations to the USDA for review, but while waiting for approval Florida begin issuing cultivation licensing as early as this month.
If you have any questions about hemp or CBD law and would like professional legal advice, please don’t hesitate to reach out and contact us directly at Koussevitzky Law. Our team of friendly, professional staff would be more than happy to assist you.