Page 10 - CannabisNewsFloridaJune 2019

Florida's New Hemp Bill

Florida’s new “Hemp Bill” (SB procedures approved by the United States Secretary of Agriculture to assure the
1020, pending signature by the genetic purity and identity of the seed certified”. For years, the Hemp space has
Governor) purports to create a state been plagued by unfulfilled promises resulting in failed business dealings. One
hemp program in order to fall in prime example is in the Hemp seed market which often uses brokers and mid-
line with the Federal Government’s dlemen. Florida’s first time farmers will face these issues as they seek to get off
legalization of “Industrial Hemp” the ground and should tread cautiously.
for commercialization pursuant to It is important to recall that Florida flirted with Hemp already under its pre-
the Agriculture Improvement Act of viously enacted Pilot Program (a bizarre legislatively enacted framework). One
2018 (otherwise known as the thing is clear, and that is the Legislature’s intent to harmonize the state Hemp
“Farm Act of 2018”).The Hemp Bill Pilot Program with the Hemp Bill by further amending parts of section
goes into effect on July 1, 2019, and 1004.4473, and striking out portions of the Hemp Pilot Program which
requires that anyone intending to required that commercialization be conducted only after the hemp pilot project
cultivate Hemp apply for licensure, had been in place for two (2) years.
which at a minimum requires a BY DAVID KOTLER, ESQ. AND With regard to the distribution and sale of Hemp, the Hemp Bill sets forth:
background check and confirmation MICHELLE K. SUAREZ, ESQ. 1.) that the seller or distributor ensure that the extract being sold has been test-
that the applicant has not been con- ed by an independent laboratory that does not derive a direct or indirect benefit
victed of a felony relating to a con- from the product being sold, and that the laboratory has provided a certificate
trolled substance under state or federal law, in which case a Hemp cultivation license of analysis (“COA”) stating that a.) the hemp extract is the product of a batch that has
cannot be issued for up to ten years following the date of conviction. The bill provides been tested and that b.) the same batch contains a total delta-tetrahydrocannabinol
that the Department is to adopt and implement rules by August 1, 2019. concentration (the “THC” component) that does not exceed 0.3 percent on a dry-
Most notably, the Hemp Bill resolves state level controversy of the legality of hemp weight basis based on a random sampling of the batch; c.) that the batch does not con-
byproducts including extracted Cannabidiol (“CBD”) by amending Florida’s defini- tain contaminants unsafe for human consumption; and d.) that the packaging of the
tion of Cannabis to exclude hemp as defined in Fla. Stat. Sec. 581.217 or industrial product being distributed or sold meets certain minimum labeling requirements.
hemp as defined in Fla. Stat. Sec. 1004.4473.” The foregoing definitions are stated as The next few months should be interesting as the Department of Agriculture takes
material which contains a “total delta-9 tetrahydrocannabinol concentration that does the limited framework given to them and enacts rules. Will the department be swayed
not exceed 0.3 percent on a dry-weight basis” which has been the threshold estab- by political and lobbying influence much like many argue the legislature and
lished by the Federal Government under the 2014 and 2018 Farm Acts. Department of Health have been in the medical cannabis arena? Will the Department
The Hemp Bill does not require registration or oversight for someone who processes tap into the available knowledge base when it comes to Hemp and its consumable
or retails the cultivated Hemp (unlike some other current hemp regulated states). As byproducts or chart their own course as Florida seems to do time after time? We shall
CBD expands as the rage in health and wellness circles, questions will remain as to see …
adulterants and methods of production related to what people may put in or on their
bodies. Is this something the Department of Health will try to address? David Kotler, Esq. is a partner in Cohen Kotler and is Of Counsel to Hoban Law Group.
In regard to sourcing initial material, the Hemp Bill sets forth that a licensee may He has worked in the Cannabis and Hemp arena in Florida and several other states and
only use hemp seeds and cultivars certified by a certifying agency under Fl. Stat. Sec. countries for over 5 years. Michelle K. Suarez, Esq. is the owner and founder of Florida
578.011 or one of the Florida Pilot Program Universities. A certifying agency under Entrepreneur Law, P.A., a law firm that works with Startups and Entrepreneurs in emerging
Fl. Stat. Sec. 578.011 is “An agency authorized under the laws of a state, territory, or industries and has been involved in the CBD space following the
possession of the United States to officially certify seed and which has standards and passage of Amendment 2 in Florida.

Clinical Answers: Can Cannabis Help Victims of PTSD?

Researchers have just completed the world’s first FDA approved clinical trial
evaluating smoked marijuana and how it affects those suffering from PTSD.

BY PETER SESSA ries or nightmares of the attain answers. to continue into different phases of the
event, anger, irritability, The study is funded by a grant from the experiment, supplies will have to be
The never-ending debate feeling on guard, loss of University of Colorado called The restored. During Barak Obama’s presiden-
on cannabis and its legiti- interest, numbness, etc. California-based Multidisciplinary Assoc - cy, the DEA agreed to license more grow-
macy continues. For the Physician Sue Sisley, ation for Psychedelic Studies. ers to produce marijuana for research.
first time ever, psychiatry is M.D., designed an FDA They are a nonprofit and will be provid- Years later, no efforts have been made to
attempting to explore how approved study, to observe ing $2.15 million dollars in efforts to solidify or execute the original plan.
this plant may offer relief cannabis and PTSD in mil- understand how cannabis may help It seems that since the birth of this idea
towards psychiatric symp- itary veterans. While these survivors. The study is the first and any executions, there have been con-
toms. The focus for this arti- Sisley has treated patients controlled clinical trial in the world that sistent and repeated obstacles to hinder
cle is PTSD, especially con- who suffered from PTSD evaluates smoked medical marijuana and any results. This realization does not bode
cerning military veterans. and reaped desired effects how it affects those suffering from PTSD. well within the scientific community.
What is PTSD exactly? Dr. Sue Sisley from using cannabis, she A triple-blinded experiment, neither One might argue, as to why, the politics
Posttraumatic stress disorder has experienced a difficult participants, researchers, and evaluators of a nation are dictating and hindering
(PTSD) is a psychiatric dis- journey trying to gain would know the potency of marijuana potentially helpful scientific discovery?
order that can occur in people who have support for her study. received. The study included 76 military The potential knowledge gained might be
experienced or witnessed a traumatic First, Dr. Sisley was terminated from the veterans who suffered from PTSD who able to mollify those who served our
event such as a natural disaster, a serious University of Arizona after becoming the were each given 1.8 grams of marijuana country at its most vulnerable.
accident, a terrorist act, war/combat, principal investigator for the cannabis per day in varying potencies. The partic- They are the ones who need our help
rape or other violent personal assault. study. She then began a back and forth ipants chose how much marijuana to the most due to the inevitable scars of
Survivors of PTSD experience symptoms with the U.S. government for years, trying smoke and were asked to keep a daily such battles. It seems that further scientif-
after the trauma has taken place. Often, to begin her research. Sisley finally journal. ic exploration and implementation of such
these symptoms are debilitating. received the okay in 2017 to begin her Approved marijuana was supplied by novel ideas needs to take place and be met
Symptoms can include, recurring memo- quest and has since been on the hunt to the government for the study, but in order with upmost support, not resistance.

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