FDACS Clarifies Hemp Industry Permitting Requirements

By: Valerie Haber, Shareholder

On February 14, 2020, after receiving many permitting questions relating to various aspects of the Florida hemp industry, the Florida Department of Agriculture and Consumer Services (“FDACS”) issued a clarifying chart to summarize the basic requirements. The chart is helpful for a few reasons.  First, it clarifies that FDACS does not have jurisdiction over regulation of topical creams and ointments containing hemp-based products, including cannabidiol (known as “CBD”). The statement makes it clear that CBD in topical form, as opposed to ingestible form, is regulated by the Florida Department of Business and Professional Development (“DBPR”) and not FDACS.  Second, the chart reiterates that it is not yet possible to get a permit to grow hemp in Florida.  The applicable permit is called a “cultivation permit,” and once ready for issuance will be issued by FDACS’s Division of Plant Industries. The Division of Plant Industry is a division of FDACS that, in essence, works to prevent pest infestation of Florida plants and agricultural resources.

For more information on the requirements related to each aspect of the Florida hemp industry, visit FDACS’s website at: https://www.fdacs.gov/Cannabis-Hemp/Hemp-CBD-in-Florida.

View the chart here.