Hemp in Florida: Hurry Up and Wait
July 6, 2019|REGULATED INDUSTRIES, HEMP
Over the last few years, violent, unpredictable weather negatively affected many agricultural producers, which prompted the federal government to enact a farm bill to offer relief. Many saw the growth of hemp as a way to get a new product to these negatively impacted industries quickly. In Florida, two large hurricanes destroyed agricultural crops that take many years to grow, including timber. Hemp is a product that can grow relatively quickly and reduce the negative impact from the damaged crops while agricultural producers determine the best economic path forward.
The 2018 Federal Farm Bill included language that granted states the ability to create a new regulated industry: hemp. The growth of hemp as an agricultural product appeared to be a benefit to farmers with land damaged by difficult weather conditions or farmers that struggled to compete with prices from other countries. The bill granted authority to the states to create a regulatory framework which is required to be approved by the Federal Department of Agriculture. Some believed this would be a quick process and that growing hemp would be legalized by 2019.
Florida acted quickly and passed legislation to create a regulatory plan for hemp. This bill was voted on and sent to the governor in May for his signature and enactment into law. The authority for regulation would be with the Florida Department of Agriculture and Consumer Services (DACS) with advisory roles with the Florida Department of Health and the Florida Department of Business and Professional Regulation. DACS has operated both quickly and optimistically. From June 20-24, 2019, DACS conducted workshops around the state to help gather information and formulate regulations. The Governor of Florida signed the bill into effect soon after the workshops and now the promulgation of the regulatory plan by DACS is a few months from completion.
Zachem Law, P.A. attended a workshop by DACS and posed several questions to the legal and policy teams regarding the process and anticipated time frames. After the regulatory plan is submitted to the Federal Department of Agriculture, it is unknown as to when approval may occur. According to DACS, the Federal Government must complete rule-making before evaluating any regulatory plans and there is no definitive timeline for such completion. This likely will take several months.
New regulations must be created for this emerging industry. Zachem Law, P.A. looks forward to working with interested parties as DACS develops the framework for the hemp industry.