Florida Senate - 2021 SB 1766 By Senator Powell 30-00477-21 20211766__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the sale of hemp-derived delta-8-2 tetrahydrocannabinol; creating s. 581.218, F.S.; 3 defining terms; prohibiting retailers from selling 4 hemp-derived delta-8-tetrahydrocannabinol products to 5 individuals who are under 21 years of age; providing 6 requirements for the delivery of such products; 7 providing civil and criminal penalties; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12

Section

Section 581.218, Florida Statutes, is created to 13 read: 14 581.218 Delivery sale of hemp-derived delta-8-15 tetrahydrocannabinol products; penalty.— 16

(1) As used in this section, the term: 17 (a) “Consumer” means a person in this state who possesses a 18 hemp-derived delta-8-tetrahydrocannabinol product and who is not 19 a retailer, a wholesaler, or a distributor intending to sell or 20 distribute the product. 21 (b) “Delivery sale” means any sale of hemp-derived delta-8-22 tetrahydrocannabinol products to a consumer for which: 23 1. The consumer submits an order for the sale by telephone 24 or other voice transmission device, mail, delivery service, or 25 the Internet service; or 26 2.

The products are delivered by mail or delivery service. 27 (c) “Delivery service” means any person engaged in the 28 commercial delivery of letters, packages, or other containers. 29 Florida Senate - 2021 SB 1766 30-00477-21 20211766__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. (d) “Hemp” has the same meaning as in s. 581.217. 30 (e) “Hemp-derived delta-8-tetrahydrocannabinol” means the 31 cannabinoid delta-8-tetrahydrocannabinol as a derivative, 32 extract, isomer, acid, salt, or salt of isomers of hemp, whether 33 growing or not, which has a total delta-9-tetrahydrocannabinol 34 concentration that does not exceed 0.3 percent on a dry weight 35 basis pursuant to a certification analysis that confirms such 36 concentration. 37 (f) “Mail” means the shipment of hemp-derived delta-8-38 tetrahydrocannabinol products through the United States Postal 39 Service or other letter carrier. 40 (g) “Retailer” means a person who is not a licensed 41 distributor but is in possession of hemp-derived delta-8-42 tetrahydrocannabinol products for the purpose of selling the 43 products to a consumer. 44 (h) “Shipping document” means a bill of lading, air-bill, 45 United States Postal Service form, or any other document used to 46 verify the delivery service’s delivery of letters, packages, or 47 other containers. 48

(2) A sale of hemp-derived delta-8-tetrahydrocannabinol 49 products constitutes a delivery sale regardless of whether the 50 person accepting the order for the delivery sale is located 51 inside or outside of this state. A retailer may not sell hemp-52 derived delta-8-tetrahydrocannabinol products to a consumer who 53 is under 21 years of age. The retailer must provide notice to 54 their customers, in a prominent and clearly legible statement, 55 specifying that customers must be 21 years of age or older to 56 buy such products. 57

(3) A retailer who mails or ships any hemp-derived delta-8- 58 Florida Senate - 2021 SB 1766 30-00477-21 20211766__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. tetrahydrocannabinol products to fulfill an order for a delivery 59 sale must: 60 (

a) Obtain a certification from the consumer who is 61 purchasing the product that he or she is 21 years of age or 62 older; 63 (

b) Include as part of the order’s shipping documents, in a 64 clear and conspicuous manner, the following statement: “Hemp-65 derived Delta-8-Tetrahydrocannabinol Products: Florida law 66 prohibits shipping to individuals under 21 years of age and 67 requires the payment of all applicable taxes”; and 68 (

c) Be in compliance with any labeling requirements, 69 pursuant to department rule for the state hemp program. 70 (4)(

a) A person who violates this

section who is 21 years 71 of age or older commits a misdemeanor of the first degree, 72 punishable as provided in s. 775.082 or s. 775.083, and: 73 1. For a first violation of this section, the person shall 74 be fined $1,000 or 5 times the retail value of the product 75 involved in the violation, whichever is greater. 76 2. For a second or subsequent violation, the person shall 77 be fined $5,000 or 5 times the retail value of the product 78 involved in the violation, whichever is greater. 79 (

b) A person who is 21 years of age or older and knowingly 80 submits a false certification of a consumer’s age commits a 81 misdemeanor of the first degree, punishable as provided in s. 82 775.082 or s. 775.083. For each offense, the individual shall be 83 fined $5,000 or 5 times the retail value of the product involved 84 in the violation, whichever is greater. 85 (

c) A person who, in connection with a delivery sale, 86 delivers a hemp-derived delta-8-tetrahydrocannabinol product on 87 Florida Senate - 2021 SB 1766 30-00477-21 20211766__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. behalf of a delivery service to an individual who is not 21 88 years of age or older commits a misdemeanor of the first degree, 89 punishable as provided in s. 775.082 or s. 775.083. 90 (

d) A person who is under 21 years of age and who knowingly 91 violates this

section commits a misdemeanor of the first degree, 92 punishable as provided in s. 775.082 or s. 775.083. 93

Section 2. This act shall take effect July 1, 2021. 94