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Hemp Bill SB 1020: Legal Update

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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

What is the key difference between hemp and cannabis?

Their THC concentration

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

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

What is the purpose of using THC field test kits?

To distinguish between legal hemp and illegal cannabis

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

1%

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

It is the distinguishing characteristic between hemp and cannabis

How do hemp and cannabis differ in appearance?

They look, feel, and smell the same

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")

Legal bulletin update on the Hemp Bill SB 1020, signed into law on June 25, 2019. Learn about the key changes and implications of this legislation.

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