SB 1270 full text · Session Watch

Florida Senate - 2026 SB 1270 By Senator Davis 5-01419-26 20261270__

1 A bill to be entitled

2 An act relating to food and hemp products; amending s.

3 581.217, F.S.; revising legislative findings; revising

4 definitions; defining the term “total delta-9

5 tetrahydrocannabinol concentration”; providing

6 conditions for the manufacture, delivery, hold, offer

7 for sale, distribution, or sale of hemp extract;

8 prohibiting the unpermitted business, street, or

9 festival sale of hemp extract; prohibiting businesses

10 and food establishments from possessing hemp or hemp

11 extract products that are attractive to children;

12 prohibiting businesses and food establishments

13 permitted to sell hemp or hemp extract from being

14 located in specified areas; prohibiting such

15 businesses and food establishments from advertising in

16 a specified manner; requiring the Department of

17 Agriculture and Consumer Services to preapprove

18 advertisements; requiring such businesses and food

19 establishments to keep certain records pertaining to

20 lab results of hemp extract products and the suppliers

21 of such products for a specified amount of time;

22 requiring such businesses and food establishments to

23 establish procedures for the recall of unsafe hemp

24 extract; requiring such businesses and food

25 establishments to store hemp products in a specified

26 manner; providing that such businesses and food

27 establishments are subject to random and unannounced

28 inspections by law enforcement and the department;

29 prohibiting the sale of hemp and hemp extract in a

30 form for smoking; requiring the department to revoke a

31 business’s or food establishment’s license to sell

32 hemp products under specified circumstances;

33 prohibiting the department from granting permission to

34 remove or use certain hemp extract products until it

35 determines that such hemp extract products comply with

36 state law; prohibiting event organizers from

37 promoting, advertising, or facilitating certain

38 events; providing for administrative fines; requiring

39 the department to adopt specified rules; reenacting

40 ss. 500.03(1)(n), 893.02(3), 916.1085(1)(a),

41 944.47(1)(a), 951.22(1)(h), and 985.711(1)(a), F.S.,

42 relating to definitions, construction, and

43 applicability; definitions; the unlawful introduction

44 or removal of certain articles; the introduction,

45 removal, or possession of contraband; county detention

46 facilities and contraband articles; and the unlawful

47 introduction, removal, or possession of certain

48 articles, respectively, to incorporate the amendment

49 made to s. 581.217, F.S., in references thereto;

50 providing an appropriation; providing an effective

51 date.

53 Be It Enacted by the Legislature of the State of Florida:

55 Section 1. Paragraph (b) of subsection (2), paragraphs (a),

56 (e), (f), and (g) of subsection (3), and subsection (7) of

57 section 581.217, Florida Statutes, are amended, and paragraph

58 (h) is added to subsection (3) and paragraph (e) is added to

59 subsection (12) of that section, to read:

60 581.217 State hemp program.—

61 (2) LEGISLATIVE FINDINGS.—The Legislature finds that:

62 (b) Hemp and hemp extract ~~Hemp-derived cannabinoids,~~

63 ~~including, but not limited to, cannabidiol,~~ are not controlled

64 substances ~~or adulterants if they are in compliance with this~~

65 ~~section~~ .

66 (3) DEFINITIONS.—As used in this section, the term:

67 (a) “Attractive to children” means manufactured in the

68 shape of or packaged in containers displaying humans, cartoons,

69 or animals , toys, or other features that appeal to children ;

70 manufactured in a form or packaged in a container that bears any

71 reasonable resemblance to an existing candy or snack product

72 that is familiar to children; manufactured in a form or packaged

73 in a container that bears any reasonable resemblance to a ~~the~~

74 ~~public as a widely distributed,~~ branded food product marketed to

75 children such that the a product could be mistaken for the

76 branded food product, especially by children; or containing any

77 color additives.

78 (e) “Hemp” means the plant Cannabis sativa L. and any part

79 of that plant, including the seeds thereof, and all derivatives,

80 extracts, cannabinoids, isomers, acids, salts, and salts of

81 isomers thereof, whether growing or not, that has a total delta

82 9-tetrahydrocannabinol concentration that does not exceed 0.3

83 percent on a dry-weight basis, with the exception of hemp

84 extract, which may not exceed 0.3 percent total delta-9

85 tetrahydrocannabinol concentration on a wet-weight basis , or

86 which may not exceed 2 milligrams per serving or 20 milligrams

87 per container on a wet-weight basis, whichever is less .

88 (f) “Hemp extract” means hemp that is ~~a substance or~~

89 ~~compound~~ intended for ingestion or inhalation and contains ,

90 ~~containing~~ more than trace amounts of a cannabinoid but ~~, or for~~

91 ~~inhalation which is derived from or contains hemp and which~~ does

92 not contain controlled substances listed in s. 893.03; any

93 quantity of synthetic cannabinoids; or delta-8

94 tetrahydrocannabinol, delta-10-tetrahydrocannabinol,

95 hexahydrocannabinol, tetrahydrocannabinol acetate,

96 tetrahydrocannabiphorol, or tetrahydrocannabivarin. The term

97 does not include hemp extract cannabidiol converted into delta

98 9-tetrahydrocannabinol, delta-8-tetrahydrocannabinol, delta-10

99 tetrahydrocannabinol, or any other tetrahydrocannabinol isomers,

100 analogs, or derivatives . The term does not include synthetic

101 cannabidiol or seeds or seed-derived ingredients that are

102 generally recognized as safe by the United States Food and Drug

103 Administration.

104 (g) “Independent testing laboratory” means a laboratory

105 that:

106 1. Does not have a direct or indirect interest in the

107 entity whose product is being tested;

108 2. Does not have a direct or indirect interest in a

109 facility that cultivates, processes, distributes, dispenses, or

110 sells hemp or hemp extract in the state or in another

111 jurisdiction or cultivates, processes, distributes, dispenses,

112 or sells marijuana, as defined in s. 381.986; and

113 3. Is accredited by a third-party accrediting body as a

114 competent testing laboratory pursuant to ISO/IEC 17025 of the

115 International Organization for Standardization and has been

116 certified by the department .

117 (h) “Total delta-9-tetrahydrocannabinol concentration”

118 means a concentration calculated as follows: [delta-9

119 tetrahydrocannabinol] + (0.877 x [delta-9-tetrahydrocannabinolic

120 acid]).

121 (7) MANUFACTURE, DELIVERY, HOLD, OFFER FOR SALE,

122 DISTRIBUTION , AND ~~RETAIL~~ SALE OF HEMP OR HEMP EXTRACT.—

123 (a) Hemp extract may only be manufactured, delivered, held,

124 offered for sale, distributed , or ~~and~~ sold in this ~~the~~ state if

125 the product:

126 1. Has a certificate of analysis prepared by an independent

127 testing laboratory which ~~that~~ states:

128 a. The hemp extract is the product of a batch tested by the

129 independent testing laboratory;

130 b. The batch contained a total delta-9-tetrahydrocannabinol

131 concentration that did not exceed 0.3 percent pursuant to the

132 testing of a random sample of the batch . However, if the batch

133 is sold at retail, the batch must meet the total delta-9

134 tetrahydrocannabinol concentration limits set forth in paragraph

135 (3)(e) for hemp extract ;

136 c. The batch does not contain contaminants unsafe for human

137 consumption; and

138 d. The batch was processed in a facility that holds a

139 current and valid permit issued by a human health or food safety

140 regulatory entity with authority over the facility, and that

141 facility meets the human health or food safety sanitization

142 requirements of the regulatory entity. Such compliance must be

143 documented by a report from the regulatory entity confirming

144 that the facility meets such requirements.

145 2. Is manufactured, delivered, held, offered for sale,

146 distributed , or sold in a container that includes:

147 a. A scannable barcode or quick response code linked to the

148 certificate of analysis of the hemp extract batch by an

149 independent testing laboratory;

150 b. The batch number;

151 c. The Internet address of a website where batch

152 information may be obtained;

153 d. The expiration date; ~~and~~

154 e. The number of milligrams of each marketed cannabinoid

155 per serving ; and

156 f. The toll-free telephone number for the national Poison

157 Help line .

158 3. Is manufactured, delivered, held, offered for sale,

159 distributed , or sold in a container that:

160 a. Is suitable to contain products for human consumption;

161 b. Is composed of materials designed to minimize exposure

162 to light;

163 c. Mitigates exposure to high temperatures;

164 d. Is not attractive to children; and

165 e. Is compliant with the United States Poison Prevention

166 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without

167 regard to provided exemptions.

168 (b) Hemp extract may only be sold to a business or procured

169 by a business in this state if that business is properly

170 permitted as required by this section. Unpermitted business

171 sales, street sales, or festival sales are prohibited. A

172 business or food establishment may not possess hemp or hemp

173 extract products that are attractive to children. A business or

174 food establishment permitted to sell hemp or hemp extract may

175 not be located within 500 feet of a school or daycare facility,

176 a retail outlet engaged in the business of selling motor fuel,

177 or a retail facility in possession of a valid permit to sell

178 hemp or hemp extract. Businesses and food establishments

179 permitted to sell hemp or hemp extract:

180 1. May not advertise the availability of such products in a

181 manner that is visible to members of the public from any street,

182 sidewalk, park, or other public place. A business or food

183 establishment permitted to sell hemp extract may not use a trade

184 name, a logo, or advertising that contains wording or images

185 that are attractive to children; that implies that such products

186 confer health or medical benefits that are unsubstantiated; or

187 that suggests that the business or food establishment is

188 affiliated with a medical office or other health care facility.

189 Advertising may not use the terms “THC,” “medical card,” or

190 similar terms. All advertisements must be preapproved by the

191 department.

192 2. Shall keep records pertaining to lab testing results and

193 the suppliers of hemp extract products for a minimum of 3 years,

194 and shall have procedures in place to effect a recall of any

195 hemp extract later determined to be unsafe for human

196 consumption.

197 3. Shall store all such products out of reach of customers,

198 either in a controlled area accessible only to employees or in a

199 locked display case.

200 4. Are subject to random, unannounced inspections by law

201 enforcement and the department.

202 (c) Hemp extract manufactured, delivered, held, offered for

203 sale, distributed , or sold in this state is subject to the

204 applicable requirements of chapter 500, chapter 502, or chapter

205 580.

206 (d) Products that are intended for human ingestion or

207 inhalation and that contain hemp extract, including, but not

208 limited to, snuff, chewing gum, and other smokeless products,

209 may not be sold in this state to a person who is under 21 years

210 of age. Hemp or hemp extract may not be sold in a form for

211 smoking. A person who violates this paragraph commits a

212 misdemeanor of the second degree, punishable as provided in s.

213 775.082 or s. 775.083. A person who commits a second or

214 subsequent violation of this paragraph within 1 year after the

215 initial violation commits a misdemeanor of the first degree,

216 punishable as provided in s. 775.082 or s. 775.083.

217 Additionally, upon a third violation, the department shall

218 revoke the violator’s license, permit, authorization,

219 certificate, or registration.

220 (e) Hemp extract possessed, manufactured, delivered, held,

221 offered for sale, distributed , or sold in violation of this

222 subsection by an entity regulated under chapter 500 is subject

223 to s. 500.172 and penalties as provided in s. 500.121. Hemp

224 extract products found to be mislabeled or attractive to

225 children are subject to an immediate stop-sale order. The

226 department may not grant permission to remove or use, except for

227 disposal, hemp extract products subject to a stop-sale order

228 which are attractive to children until the department determines

229 that the hemp extract products comply with state law.

230 (f)1. An event organizer may not promote, advertise, or

231 facilitate an event where:

232 a. Hemp extract products that do not comply with general

233 law, including hemp extract products that are not from an

234 approved source as provided in sub-subparagraph (a)1.d., are

235 sold or marketed; or

236 b. Hemp extract products are sold or marketed by businesses

237 that are not properly permitted as required by this section and

238 chapter 500.

239 2. A person who violates this paragraph is subject to an

240 administrative fine in the Class IV category under s. 570.971

241 for each violation.

242 (12) RULES.—The department shall adopt rules to administer

243 the state hemp program. The rules must provide for:

244 (e) The certification of independent testing laboratories.

245 Section 2. For the purpose of incorporating the amendment

246 made by this act to section 581.217, Florida Statutes, in a

247 reference thereto, paragraph (n) of subsection (1) of section

248 500.03, Florida Statutes, is reenacted to read:

249 500.03 Definitions; construction; applicability.—

250 (1) For the purpose of this chapter, the term:

251 (n) “Food” includes:

252 1. Articles used for food or drink for human consumption;

253 2. Chewing gum;

254 3. Articles used for components of any such article;

255 4. Articles for which health claims are made, which claims

256 are approved by the Secretary of the United States Department of

257 Health and Human Services and which claims are made in

258 accordance with s. 343(r) of the federal act, and which are not

259 considered drugs solely because their labels or labeling contain

260 health claims;

261 5. Dietary supplements as defined in 21 U.S.C. s.

262 321(ff)(1) and (2); and

263 6. Hemp extract as defined in s. 581.217.

265 The term includes any raw, cooked, or processed edible

266 substance; ice; any beverage; or any ingredient used, intended

267 for use, or sold for human consumption.

268 Section 3. For the purpose of incorporating the amendment

269 made by this act to section 581.217, Florida Statutes, in a

270 reference thereto, subsection (3) of section 893.02, Florida

271 Statutes, is reenacted to read:

272 893.02 Definitions.—The following words and phrases as used

273 in this chapter shall have the following meanings, unless the

274 context otherwise requires:

275 (3) “Cannabis” means all parts of any plant of the genus

276 Cannabis, whether growing or not; the seeds thereof; the resin

277 extracted from any part of the plant; and every compound,

278 manufacture, salt, derivative, mixture, or preparation of the

279 plant or its seeds or resin. The term does not include

280 “marijuana,” as defined in s. 381.986, if manufactured,

281 possessed, sold, purchased, delivered, distributed, or

282 dispensed, in conformance with s. 381.986. The term does not

283 include hemp as defined in s. 581.217 or industrial hemp as

284 defined in s. 1004.4473.

285 Section 4. For the purpose of incorporating the amendment

286 made by this act to section 581.217, Florida Statutes, in a

287 reference thereto, paragraph (a) of subsection (1) of section

288 916.1085, Florida Statutes, is reenacted to read:

289 916.1085 Introduction or removal of certain articles

290 unlawful; penalty.—

291 (1)(a) Except as authorized by law or as specifically

292 authorized by the person in charge of a facility, it is unlawful

293 to introduce into or upon the grounds of any facility under the

294 supervision or control of the department or agency, or to take

295 or attempt to take or send therefrom, any of the following

296 articles, which are declared to be contraband for the purposes

297 of this section:

298 1. Any intoxicating beverage or beverage which causes or

299 may cause an intoxicating effect;

300 2. Any controlled substance as defined in chapter 893,

301 marijuana as defined in s. 381.986, hemp as defined in s.

302 581.217, or industrial hemp as defined in s. 1004.4473;

303 3. Any firearm or deadly weapon;

304 4. Any cellular telephone or other portable communication

305 device as described in s. 944.47(1)(a)6., intentionally and

306 unlawfully introduced inside the secure perimeter of any

307 forensic facility under the operation and control of the

308 department or agency. As used in this subparagraph, the term

309 “portable communication device” does not include any device that

310 has communication capabilities which has been approved or issued

311 by the person in charge of the forensic facility;

312 5. Any vapor-generating electronic device as defined in s.

313 386.203, intentionally and unlawfully introduced inside the

314 secure perimeter of any forensic facility under the operation

315 and control of the department or agency; or

316 6. Any other item as determined by the department or the

317 agency, and as designated by rule or by written institutional

318 policies, to be hazardous to the welfare of clients or the

319 operation of the facility.

320 Section 5. For the purpose of incorporating the amendment

321 made by this act to section 581.217, Florida Statutes, in a

322 reference thereto, paragraph (a) of subsection (1) of section

323 944.47, Florida Statutes, is reenacted to read:

324 944.47 Introduction, removal, or possession of contraband;

325 penalty.—

326 (1)(a) Except through regular channels as authorized by the

327 officer in charge of the correctional institution, it is

328 unlawful to introduce into or upon the grounds of any state

329 correctional institution, or to take or attempt to take or send

330 or attempt to send therefrom, any of the following articles

331 which are hereby declared to be contraband for the purposes of

332 this section, to wit:

333 1. Any written or recorded communication or any currency or

334 coin given or transmitted, or intended to be given or

335 transmitted, to any inmate of any state correctional

336 institution.

337 2. Any article of food or clothing given or transmitted, or

338 intended to be given or transmitted, to any inmate of any state

339 correctional institution.

340 3. Any intoxicating beverage or beverage which causes or

341 may cause an intoxicating effect.

342 4. Any controlled substance as defined in s. 893.02(4),

343 marijuana as defined in s. 381.986, hemp as defined in s.

344 581.217, industrial hemp as defined in s. 1004.4473, or any

345 prescription or nonprescription drug having a hypnotic,

346 stimulating, or depressing effect.

347 5. Any firearm or weapon of any kind or any explosive

348 substance.

349 6. Any cellular telephone or other portable communication

350 device intentionally and unlawfully introduced inside the secure

351 perimeter of any state correctional institution without prior

352 authorization or consent from the officer in charge of such

353 correctional institution. As used in this subparagraph, the term

354 “portable communication device” means any device carried, worn,

355 or stored which is designed or intended to receive or transmit

356 verbal or written messages, access or store data, or connect

357 electronically to the Internet or any other electronic device

358 and which allows communications in any form. Such devices

359 include, but are not limited to, portable two-way pagers, hand

360 held radios, cellular telephones, Blackberry-type devices,

361 personal digital assistants or PDA’s, laptop computers, or any

362 components of these devices which are intended to be used to

363 assemble such devices. The term also includes any new technology

364 that is developed for similar purposes. Excluded from this

365 definition is any device having communication capabilities which

366 has been approved or issued by the department for investigative

367 or institutional security purposes or for conducting other state

368 business.

369 7. Any vapor-generating electronic device as defined in s.

370 386.203, intentionally and unlawfully introduced inside the

371 secure perimeter of any state correctional institution.

372 Section 6. For the purpose of incorporating the amendment

373 made by this act to section 581.217, Florida Statutes, in a

374 reference thereto, paragraph (h) of subsection (1) of section

375 951.22, Florida Statutes, is reenacted to read:

376 951.22 County detention facilities; contraband articles.—

377 (1) It is unlawful, except through regular channels as duly

378 authorized by the sheriff or officer in charge, to introduce

379 into or possess upon the grounds of any county detention

380 facility as defined in s. 951.23 or to give to or receive from

381 any inmate of any such facility wherever said inmate is located

382 at the time or to take or to attempt to take or send therefrom

383 any of the following articles, which are contraband:

384 (h) Any narcotic, hypnotic, or excitative drug or drug of

385 any kind or nature, including nasal inhalators, sleeping pills,

386 barbiturates, marijuana as defined in s. 381.986, hemp as

387 defined in s. 581.217, industrial hemp as defined in s.

388 1004.4473, or controlled substances as defined in s. 893.02(4).

389 Section 7. For the purpose of incorporating the amendment

390 made by this act to section 581.217, Florida Statutes, in a

391 reference thereto, paragraph (a) of subsection (1) of section

392 985.711, Florida Statutes, is reenacted to read:

393 985.711 Introduction, removal, or possession of certain

394 articles unlawful; penalty.—

395 (1)(a) Except as authorized through program policy or

396 operating procedure or as authorized by the facility

397 superintendent, program director, or manager, a person may not

398 introduce into or upon the grounds of a juvenile detention

399 facility or commitment program, or take or send, or attempt to

400 take or send, from a juvenile detention facility or commitment

401 program, any of the following articles, which are declared to be

402 contraband under this section:

403 1. Any unauthorized article of food or clothing given or

404 transmitted, or intended to be given or transmitted, to any

405 youth in a juvenile detention facility or commitment program.

406 2. Any intoxicating beverage or any beverage that causes or

407 may cause an intoxicating effect.

408 3. Any controlled substance as defined in s. 893.02(4),

409 marijuana as defined in s. 381.986, hemp as defined in s.

410 581.217, industrial hemp as defined in s. 1004.4473, or any

411 prescription or nonprescription drug that has a hypnotic,

412 stimulating, or depressing effect.

413 4. Any firearm or weapon of any kind or any explosive

414 substance.

415 5. Any cellular telephone or other portable communication

416 device as described in s. 944.47(1)(a)6., intentionally and

417 unlawfully introduced inside the secure perimeter of any

418 juvenile detention facility or commitment program. As used in

419 this subparagraph, the term “portable communication device” does

420 not include any device that has communication capabilities which

421 has been approved or issued by the facility superintendent,

422 program director, or manager.

423 6. Any vapor-generating electronic device as defined in s.

424 386.203, intentionally and unlawfully introduced inside the

425 secure perimeter of any juvenile detention facility or

426 commitment program.

427 7. Any currency or coin given or transmitted, or intended

428 to be given or transmitted, to any youth in any juvenile

429 detention facility or commitment program.

430 8. Any cigarettes, as defined in s. 210.01(1), or tobacco

431 products, as defined in s. 210.25, given, or intended to be

432 given, to any youth in a juvenile detention facility or

433 commitment program.

434 Section 8. For the 2026-2027 fiscal year, the sum of $2

435 million in nonrecurring funds is appropriated from the General

436 Revenue Fund to the Department of Law Enforcement for the

437 purchase of testing equipment necessary to implement this act.

438 Section 9. This act shall take effect July 1, 2026.