Page 9 - Feb 2020 Cannabis News Florida Newspaper

New Year’s Update of Florida Hemp Law and Rules

Adult-use marijuana previously-permitted licenses no more that .3% THC and must be cer- Federal Overlap
will not be on the 2020 under a trial program run tified to be free of contaminants unsafe U.S. Food and Drug Administration
ballot, but the year through UF and FAMU. New for human consumption. It also must regulates food and nutritional supple-
does welcome the licensing rules are expected come in packaging which includes a bar- ments, subject to delegation to the states.
beginning of Florida’s this legislative session (before code which can be scanned for the cer- This means that unless health claims are
awaited “Hemp pro- spring). By the end of the year tificate of analysis, a batch number, expi- approved by the FDA, it remains illegal to
gram”, which is gov- it is expected that seeds will ration date and statement of total mil- make claims such as those seen on adver-
erned by rules effective have grown into Florida’s first ligrams contained. tisements everywhere, touting the health
New Year’s Day. hemp crops and been harvest- benefits of hemp and CBD. It remains ille-
Hemp used to be a ed. Food gal (at least theoretically) to make claims
staple crop for The seeds seem to be a “Hemp Extract” (not labeled CBD!) about sleep, relaxation or any other health
American farmers. For strategic hurdle for Florida can now be ingested by anyone. This benefit unless and until some new federal
many years leading to growers. It appears that only aspect of Florida law is poorly written. If legislation is enacted.
2020 it was illegal to BY MICHAEL LISS, ESQ. seeds certified by UF or read literally, all ingestible hemp prod-
grow, extract, distrib- FAMU, or one of only about ucts must come in packaging and be Bottom Line
ute and/or sell hemp 10 licensed certifiers will ini- labeled with an analysis or barcode Patience! As with the medical cannabis
in Florida. The federal government tially be allowed in Florida. which can link to an analysis. The pack- program, it’s not all built perfectly in a day,
passed a law which removed low-THC Also, it is clear that any land on which aging required is “bottled”, “canned”, especially in the hemp industry.
cannabis from the Controlled Substances hemp will be grown will need to be on “cartoned”, “bagged” or “wrapped”- A crop which can be eaten and make
Act and required states which wish to record with the state, specifically requir- which means that restaurants can’t sell fuel is a complex thing for any govern-
have a hemp industry to create a pro- ing registration of a legal description and loose hemp food products and can’t ment to legislate. This winter session in
gram for submission to the federal gov- GPS coordinates for any plot. infuse and sell products which are not Tallahassee will see further enabling rules
ernment which meets all of the federal then placed back into labeled packaging. and the federal agencies will endeavor to
government’s requirements. Florida’s Travel A manufacturer can infuse, then cook make practical rules nationwide in 2020 to
state government passed a law and, sub- Any commercial transportation of and bake, as long as the labeling and per- make hemp and products made with
sequently, particular rules to govern hemp within the state of Florida, from mitting requirements are met. The law hemp extracts much more readily-accessi-
hemp, its treatment after harvest and out of state or within, requires inspection reads such that it is illegal to, say, pour ble. However, this is all new territory and
hemp products in Florida. Florida’s at an agricultural inspection station and CBD into coffee and serve it to a cus- we all will have to wait for several years of
hemp plan has been approved by the fed- a COA (certificate of analyis) to prove it tomer. That would violate the package the federal and state governments to get
eral government. There are still further is hemp and not marijuana and a bill of and labeling aspects of the law. the law and rules right so that everyone
rules to be enacted, and the statute itself sale for the hemp. A retail establishment should be sell- from growers, to extractors, to stores,
will no doubt face court challenges and ing packaged and labeled products. To cooks and consumers can freely buy and
amendments. Florida-grown hemp will Horizontalization do so requires a “Hemp Food sell products from a healthful plant with
be quickly integrated into the food, As opposed to the medical cannabis Establishment Permit”, and may be much promise and no downside.
nutrition, health, building, textile, fuel, program (which is vertical), the hemp required beyond a basic food permit.
jewelry and other industries. The law program is intended to be horizontal, This permit is indeed required for online Michael Liss, Esq. can be
was passed in 2019 and the rules which which means with the proper licensing, sales of food products. ml@integritycounselpa.com or
have already been enacted took effect on anyone can participate in any given part, (561) 981-2507, located in Boca Raton.
January 1, 2020. Here is where we are or in any group of parts of the supply
today: chain.

Cultivation Wholesaling and Distribution
The “Cultivation Rule” has not yet All sales must be accompanied by pres-
been enacted. No hemp-growing licenses entation of a certificate of analysis from a
are being issued just yet, except for the 3rd party lab. It must be verified to have Back Cover Story: Global

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Continued from Back Page
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40 February 2020 cannabisnewsflorida.com Cannabis News Florida