(FDACS) — On March 6, 2020, the Florida Department of Agriculture and Consumer Services (FDACS) published a Notice of Change for Rule 5B-57.014, F.A.C. – State Hemp Plan (hemp cultivation rule). The Notice of Change includes updates and modifications to the proposed rule based on public comments and brings the proposed rule in alignment with the U.S. Department of Agriculture (USDA) interim federal regulations on hemp cultivation in the United States. The Notice of Change may be found in the Florida Administrative Register at https://www.flrules.org/ or on the FDACS website at fdacs.gov/Cannabis-Hemp.
The Department must wait at least 21 days before filing the proposed rule as amended by the Notice of Change for adoption. The rule will become effective 20 days after the rule is filed for adoption. Once the rule becomes effective and the USDA approves Florida’s state hemp plan, FDACS’ Division of Plant Industry will have the authority to accept hemp cultivation license applications.
Frequently Asked Questions:
What does this mean for growers seeking to obtain hemp cultivation licenses in the state of Florida?
- The hemp cultivation application will not be available until the proposed rule becomes effective and the USDA has approved the Florida Hemp Plan.
How will I know when, how and where I can apply for a license to cultivation hemp?
- Real-time updates will be posted at https://www.fdacs.gov/Cannabis-Hemp/Hemp-CBD-in-Florida
- Real-time updates will be sent out via email to the Interested Parties List. If you would like to be added to the list, email cannabis@fdacs.gov and request to be placed on the Interested Parties List.
Will the number of permits be limited?
- No.
How long will it take to get a permit after application?
- The application process is intended to provide a short processing time once the applicant has provided all the required application information including background check information, completed application, cultivation site information and GPS coordinates, and supporting documentation for storage, containment and transportation. We anticipate most completed applications being processed and licenses being issued in less than 30 business days.
What disqualifies someone from getting a cultivation/growing permit based on the background check?
- A state or federal controlled substance felony conviction within the proceeding 10 years is a statutory preemption to receiving a hemp cultivation license.
What land types qualify for hemp cultivation?
- Land used for hemp cultivation must be classified by the county property appraiser as agricultural or zoned agricultural or industrial by the county. Nurseries registered with the Division of Plant Industry also will qualify for a license to produce hemp nursery plants for licensed hemp growers.
What division of FDACS will issue Hemp Cultivation Licenses and regulate the movement of hemp plants in Florida?
- The Division of Plant Industry
If I have questions, who should I reach out to for help? cannabis@FDACS.gov
Source: Florida Department of Agriculture and Consumer Services