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Hemp Bill SB 1020: Legal Update

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Questions and Answers

What is the primary purpose of the 'Hemp' Bill SB 1020?

To revise the definition of the term 'cannabis' and create a State Hemp program (correct)

To legalize cannabis for recreational use

To ban the use of cannabis in Florida

To increase the THC concentration in hemp

What is the key difference between hemp and cannabis?

Their smell

Their appearance

Their THC concentration (correct)

Their cultivation process

According to the new section of Florida Statute, how is hemp defined?

As the plant Cannabis sativa L with a total Delta 9 THC concentration that does not exceed 0.3% on a dry weight basis (correct)

As the plant Cannabis ruderalis L with a total Delta 9 THC concentration that exceeds 2% on a dry weight basis

As the plant Cannabis sativa L with a total Delta 9 THC concentration that exceeds 0.3% on a dry weight basis

As the plant Cannabis indica L with a total Delta 9 THC concentration that exceeds 1% on a dry weight basis

Why is it essential to include specific field test kit information in probable cause affidavits?

To document the specific field test kit used and the results Signup and view all the answers

What is the purpose of using THC field test kits?

To distinguish between legal hemp and illegal cannabis Signup and view all the answers

What is the minimum percentage of Delta 9 THC concentration required for cannabis to be considered illegal?

1% Signup and view all the answers

What is the significance of the 0.3% THC concentration threshold in hemp?

It is the distinguishing characteristic between hemp and cannabis Signup and view all the answers

How do hemp and cannabis differ in appearance?

They look, feel, and smell the same Signup and view all the answers

Study Notes

Hemp Bill SB 1020

Signed into law by the Governor on June 25, 2019
Creates a State Hemp program
Revises the definition of the term "cannabis", amending Florida State Statute 893.02
Hemp is no longer a controlled substance

Definition of Hemp

Derived from the same plant as Cannabis, Cannabis Sativa
Contains 0.3% THC or less
Defined under Florida Statute, 581.217 as the plant Cannabis sativa L and any part of that plant with a total Delta 9 THC concentration that does not exceed 0.3% on a dry weight basis

Key Differences between Hemp and Cannabis

Hemp contains 0.3% THC or less, while illegal Cannabis typically contains between 2% and 30% THC
Both can be smoked
Hemp and Cannabis look, feel, and smell the same
Currently, there is no way to distinguish between hemp and cannabis based on plain view or plain odor alone

Testing for Hemp and Cannabis

THC Field Test Kits can distinguish between legal hemp and illegal cannabis
PC Affidavits must include:
- The specific field test kit used (e.g. NIK Cannabis Typification Test)
- The result of the test, stating the Delta 9 THC concentration (e.g. "the Cannabis/THC tested positive for 1% or greater of Delta 9 THC concentration")