New CBD laws in Florida

August 12, 2019 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

After Congress federally legalized hemp due to its industrial and medicinal value, it opened up a metaphorical Pandora’s box with a hemp and CBD industry more-or-less forming overnight. Because of the sudden gold rush of CBD products, there was, and still is, little to no oversight of the industry. CBD products have been found with contaminants such as pesticides, foreign debris, and sufficient levels of THC (the chemical in marijuana that gives you the “high” sensation) to be classified as illicit marijuana. There are also concerns about dishonest marketing of CBD products with only trace amounts of CBD in them or exaggerated benefits. The reason for the confusion is due to lack of industry oversight caused by the sudden creation and rapid growth of the industry. Both state and federal government is playing catch up with the industry.

Both the State of Florida and the federal government are trying to create industry standards of purity and quality. Industry leaders in the production of hemp for CBD are supportive of these rules because it can, (pun very much intended) weed out the competition. By working with knowledgeable people in the industry to regulate CBD for quality and purity, there can be a sense of trust between consumers and manufacturers.

What state commissioner Nikki Fried wants to be implemented is lab testing and quality control of CBD products with consumers being able to scan a bar code to see the ingredients of the product. According to the article New Way to Weed Out Fake CBD Products, “A new state law is expected to be signed by the governor this week that would require all Florida products to be lab tested so consumers can see what they’re buying.”

It would also make it legal in Florida to buy CBD as long as there is less than .3% THC inside.

At Green Roads, a South Florida-based CBD business, they already do their own lab testing. The co-founder of the company lobbied for the new law: “You’re ingesting this, so if you don’t have those guidelines and rules you could cause actually more harm than good,” said Green Roads co-founder Arby Barroso. “You want to make sure what’s in the product is trusted.”

The company puts bar codes on all of its products. If you scan the code with your phone, it’ll take you directly to the test results. The same system would be standard for any CBD products bought and sold in Florida.

The law would not regulate products sold from other states over the internet.

The Governor signed the new law into effect on July 1, 2019

Another article ‘Fresh from Florida’ CBD hemp products on their way with new law states “Gov. Ron DeSantis signed legislation late Tuesday that legalizes state-licensed hemp farming and sales in Florida. South Florida CBD makers say the law will both weed out bad apples and help them expand.   Florida’s Agriculture Department is busy creating regulations for the new industry. State-regulated hemp products eventually will carry a new Florida hemp logo, according to department spokesman Max Flugrath.

“Florida has the potential to become the gold standard on hemp — our deep agricultural heritage, climate and resources, and farming infrastructure will make Florida a national leader in this emerging new economy.” said Nikki Fried, Florida’s agricultural commissioner, in a news release following the signing. Fried said her department has been setting the framework for Florida’s hemp program by issuing draft rules and holding public workshops. Soon there will be regulations and permits for crop cultivation, CBD product manufacturing, and hemp-extract infused drinks and food sales, according to the draft rules issued by the Agriculture Department.

While Florida may be known for producing citrus, soon Florida’s new cash crop may be hemp as it grows fast and is best in crowded conditions allowing farmers to have a crop that can really rake in the green.

Article Written by: Anthony Jenkins

Article Edited by: Don Pumphrey, Jr.

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