Title: Hemp Production

Summary: Citing this act as the "Hemp Industry Development Act"; specifying that hemp is an agricultural crop; requiring the registration of hemp growers; providing registration requirements; allowing the department to assess registration fees; providing exemptions; providing for an affirmative defense to certain charges relating to cannabis; providing exceptions to other laws, etc.

Full Text:
An act relating to hemp production; providing a short title; creating s. 581.301, F.S.; providing a definition; specifying that hemp is an agricultural crop; providing legislative intent; requiring the registration of hemp growers; providing registration requirements; allowing the department to assess registration fees; providing exemptions; requiring rulemaking; providing for an affirmative defense to certain charges relating to cannabis; providing exceptions to other laws; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  This act may be cited as the  Hemp Industry Development Act.  Section 2. Section 581.301, Florida Statutes, is created to read: 581.301 Hemp production; registration of growers.  (1) DEFINITION. As used in this section, the term  hemp  means all parts of any plant of the genus Cannabis containing no more than 0.3 percent delta-9-tetrahydrocannabinol. (2) AGRICULTURAL CROP. Hemp is considered an agricultural crop in this state that produces a viable, environmentally sound crop requiring less irrigation and fewer pesticides to cultivate, and fewer toxic processes to refine, than alternative materials. Furthermore, hemp has multiple applications and can be utilized in a wide variety of manufactured and fabricated products. The intent of the Legislature is to promote economic development and job growth through the cultivation, processing, distribution, manufacturing, and sale of hemp. Upon meeting the requirements of subsection (3), an individual may plant, grow, or harvest hemp in this state. This hemp can be distributed, in consideration of s. of the Food, Drug, and Cosmetic Act, U.S.C. s. 355, to all states and numerous countries. (3) REGISTRATION OF GROWERS.  (a) Except as provided in this section, an individual intending to grow hemp shall register with the department by submitting a form provided by the department containing: 1. The individual s name and address. 2. A statement that the seeds obtained for planting are of a type and variety containing no more than 0.3 percent delta-9 tetrahydrocannabinol. 3. The location and acreage of all parcels sown with hemp and other field identification as may be required by the department. (b) An individual registered with the department as a grower pursuant to this section must allow hemp crops to be inspected and tested by and at the discretion of the department throughout sowing, growing, harvest, storage, processing, manufacturing, and distribution operations conducted by that grower. (c) The department may assess an annual registration fee on each grower of up to $100 for the performance of its duties under this section. (d) The registration requirements of this section do not apply to employees of the Experiment Station of the University of Florida, Extension Service of the University of Florida, or the state university system involved in research or extension related activities when acting within the scope of their duties. (4) RULEMAKING.  (a) The department shall adopt rules that include, but are not limited to: 1. Testing of the hemp during growth to determine delta-9 tetrahydrocannabinol levels. 2. Inspection of the hemp during sowing, growing, harvest, storage, processing, manufacturing, and distribution operations conducted by a registered grower. 3. Assessment of a fee that is commensurate with the costs of the department s activities in testing and inspection of hemp production. 4. Any other rules and procedures necessary to carry out this section. (b) The department may not adopt under this chapter, or any other provision of law, a rule that prohibits an individual from growing, processing, distributing, manufacturing, or selling hemp based on its legal status under federal law. (5) AFFIRMATIVE DEFENSE FOR CANNABIS OFFENSES. It is an affirmative defense to a charge or prosecution for the possession, cultivation, manufacturing, delivery, distribution, or sale of cannabis under chapter that: (a) The defendant was growing, processing, distributing, manufacturing, or selling hemp pursuant to this section; or (b) The defendant had valid applicable controlled substances registrations from the United States Drug Enforcement Administration. (6) EXCEPTIONS TO OTHER LAWS. It is not a violation of state or local law for an individual to grow, process, distribute, move, manufacture, dispose of, sell, purchase, or possess hemp. Section 3. This act shall take effect July 1, 2016.