The Industrial Hemp Reclassification Act Proposal

Bill Wohlsifer drafted the two proposed industrial hemp bills and a proposed industrial hemp resolution with the intent that these drafts would find legislative sponsorship in the 2014 legislative session. The three drafts work together or each can implement new law standing alone. Please read and comment on these draft proposals. If one or more meet your approval, please ask your State Representatives and State Senators to consider filing these drafts or language of similar import in the upcoming 2014 legislative session.

This proposed draft bill defines Cannabis with a THC level of not greater than 3/10 of 1% as industrial hemp; clarifies that hemp is not marijuana; provides a definition for marijuana (yes, our statutes do not contain one); and provides an affirmative defense for growers of industrial hemp against prosecution for marijuana cultivation.
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PDF Version – The Industrial Hemp Reclassification Act

This proposed bill is an unsponsored draft prepared by William R. Wohlsifer, Esq., Region 3 Representative for the Libertarian Party of Florida. This draft has not been approved by or endorsed by any committee or party as of the date of last revision shown below.

Last revised on October 10, 2013.

William R. Wohlsifer, Esq. – William R. Wohlsifer, PA

1100 East Park Ave, Ste B – Tallahassee, FL 32301

Tel: (850) 219-8888 – Fax: (866) 829-8174

william@wohlsifer.com – www.infringement-attorney.com

Chapter 2014 – ____________

House Bill No. _____________

A bill to be entitled:

THE INDUSTRIAL HEMP RECLASSIFICATION ACT

An act relating to controlled substances; amending 893.02 F.S. to create a definition for “Hemp,” amending the definition of “Cannabis,” and creating a definition for “Marijuana;” amending 893.03 F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act, Standards and Schedules, to exclude hemp from the definition of Cannabis; to remove low level delta-9 Tetrahydrocannabinol from Schedule I controlled substance designation; and providing an effective date. Industrial hemp that has no more than 0.3% Tetrahydrocannabinol is considered an agricultural crop in this state and is herewith removed from its prior classification as a controlled substance under s. 893.03(1)(c).

Be It Enacted by the Legislature of the State of Florida:

CHAPTER 893 DRUG AB– USE PREVENTION AND CONTROL

Section 1. Section 893.01, Florida Statutes, is unchanged. 893.01 Short title.—This chapter shall be cited and known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”

Section 2. Section 893.011, Florida Statutes, is created to read:
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893.011 Legislative findings and intent.—

(1) The Legislature finds that although hemp is a variety of the genus Cannabis, the same plant species as marijuana, hemp is genetically different and distinguished by its use and chemical makeup. Hemp has long been cultivated for non-drug use in the production of industrial and personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, including fabrics and textiles, yarns and raw or processed spun fibers, paper, carpeting, home furnishings, construction and insulation materials, auto parts, and composites.

(2) The Legislature finds that the inclusion of hemp with marijuana under the definition of Cannabis is based upon reliance on outdated norms, without any reasonable distinction between the delta-9 Tetrahydrocannabinol levels in the different species of Cannabis plants and without distinction between the psychoactive and medicinal uses of marijuana and the agricultural and industrial applications of hemp.

(3) The Legislature finds that on August 29, 2013, the United States Department of Justice issued a memorandum updating its federal marijuana enforcement policy, in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy, and after this state’s imposition of strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in this state, despite the categorical scheduling of hemp as an illegal drug under the federal Controlled Substances Act. (4) Reclassification of industrial hemp is expected to generate agribusiness activity that will lead to new innovations, products, businesses and jobs throughout the state. This economic impact can be accomplished using this state’s existing infrastructure without the need for new appropriations.

Section 3. Section 893.02, Florida Statutes, is amended as follows: 893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal.

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(2) “Analog” or “chemical analog” means a structural derivative of a parent compound that is a controlled substance. (3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin with a delta-9 Tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

. . .

(11) “Hemp” means a variety of the Cannabis sativa plant that is primarily grown as an agricultural crop (such as seeds, leaves and fiber, and byproducts such as oil, seed cake, hurds) and is characterized by plants that are low in THC (delta-9 Tetrahydrocannabinol). THC is the primary psychoactive chemical in marijuana. Hemp is of the same plant species as marijuana, but is genetically different and distinguished by its chemical makeup. Hemp plants have a THC concentration level of not more than 0.3 percent on a dry weight basis.

. . .

(17) “Marijuana” means a pistillate hemp plant whose scientific name is Cannabis sativa. Although the plant contains hundreds of compounds, its dried leaves and flowering tops yield the pharmacologically active ingredient Tetrahydrocannabinol (THC) that can be ingested, vaporized, smoked, sprayed, applied topically, or manufactured as a component ingredient in food, drink, pill or hemp oil form, or to produce an intoxicating or physiological healing effect.

. . .

Section 4. Section 893.03, Florida Statutes, is amended to modify 893.03(1)(c)7. and 893.03(1)(c)37. as follows:

893.03 Standards and schedules.—The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, or trade name designated. The provisions

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of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled “Excluded Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt Anabolic Steroid Products.”

(1) SCHEDULE I.—A substance in Schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards. The following substances are controlled in Schedule I:

. . .

(c) Unless specifically excepted, or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, and salts of isomers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

. . .

7. Cannabis, except any part of plant, whether growing or not, with a delta-9 Tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

. . .

37. Tetrahydrocannabinols, except when present in any part of plant, whether growing or not, with a delta-9 Tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Section 5. This act shall take effect upon becoming a law.

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