Florida Hemp Bill SB 1020 Update PDF

LEGAL BULLETIN JUNE 26, 2019 INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL UPDATE DECEMBER 27, 2021 - EFFECTIVE IMMEDIATELY...

LEGAL BULLETIN JUNE 26, 2019 INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL UPDATE DECEMBER 27, 2021 - EFFECTIVE IMMEDIATELY (All changes in red font) HEMP BILL SB 1020 On June 25, 2019, SB 1020, also known as the “Hemp” Bill was signed into law by the Governor. The bill does two major things that directly affect law enforcement. First, it creates a State Hemp program and second it revises the definition of the term “cannabis”, amending Florida State Statute 893.02. Hemp is no longer a controlled substance. HERE IS WHAT YOU NEED TO KNOW  WHAT IS HEMP? Hemp and Cannabis are both derived from the SAME plant-Cannabis Sativa. While hemp contains.3% THC or less, illegal Cannabis typically contains between 2% and 30% THC. Hemp is defined under a new section of Florida Statute, 581.217 as the plant Cannabis sativa L and any part of that plant that has a total Delta 9 THC concentration that does not exceed.3% on a dry weight basis.  Hemp and Cannabis look, feel and smell THE SAME and both CAN be smoked. Currently, there is no way to distinguish hemp and cannabis based on plain view or plain odor alone.  HOW DO WE TEST FOR IT? THC FIELD TEST KITS: Current field test kits have the capability of distinguishing between legal hemp and illegal cannabis. PC Affidavits: You must include in your probable cause affidavits, property receipts, reports (narrative) and any other document where you state the specific field test kit used, the following: "Deputy __________ conducted a field test of the Cannabis/THC, using the NIK Cannabis Typification Test and the Cannabis/THC tested positive for 1% or greater of Delta 9 THC concentration. The Cannabis/THC weighed ______ grams/pounds."  WHAT ABOUT PROBABLE CAUSE TO SEARCH (HEMP/CANNABIS)? There is NO definitive standard in states that have legalized hemp. However, many states have considered what’s called the “odor plus standard.” This standard would require officers to obtain circumstantial evidence beyond the mere scent of marijuana (burnt or fresh) in order to establish probable cause for a search. (i.e baggies, scales, paraphernalia, guns, other illegal substances, signs of impairment, or a statement.) This is similar to a “totality” standard.  WHAT ABOUT CBD OILS, EDIBLES, VAPE PENS AND CARTRIDGES? At this time, please consult with a supervisor prior to conducting a search and/or making an arrest. Personnel employed outside of the Broward Sheriff’s Office should contact their own legal department regarding these issues.