New regulations on hemp-derived THC products in Florida have cleared the Senate Fiscal Policy Committee unanimously and are now heading to the full Senate for further consideration. This legislation marks the third attempt by Polk County Republican Sen. Colleen Burton to impose stricter rules on an industry that has grown significantly since the legalization of hemp sales in Florida in 2019.
Burton’s previous bill in 2023 ultimately restricted the sale of hemp-derived products to individuals over 21, aiming to prevent marketing that appeals to children. The 2024 version, which garnered Senate approval but faced a narrow defeat in the House, sought to impose strict THC limits on hemp products and included a complete ban on delta-8 THC. However, it was vetoed by Governor Ron DeSantis due to concerns about regulatory burdens on small businesses.
This year’s bill, designated as SB 438, introduces even more restrictions. It prohibits any synthetic cannabinoids, including delta-8 THC, and limits the delta-9 THC concentration in hemp-derived products to five milligrams per serving or 50 milligrams per container. Additionally, hemp-infused beverages would be restricted to five milligrams of THC per container and could only be sold through retailers holding a liquor license, a measure that has received strong support from beer and wine industry lobbyists.
Sen. Burton expressed her belief that the bill takes an appropriate stance on the regulation of these products, stating, “It still allows hemp-infused products to be sold, but it regulates them.”
If enacted, the bill would also prevent businesses from selling hemp products within 500 feet of schools or daycare facilities. Furthermore, advertising for these products would be restricted from being visible to the public from any street, sidewalk, park, or other public place.
Last year, Governor DeSantis faced significant pressure from the hemp industry to veto Burton’s earlier bill. In his veto statement, he highlighted concerns about imposing “debilitating regulatory burdens on small businesses.” Reports indicated that the hemp industry’s efforts may have influenced his campaign against Amendment 3, which aimed to legalize recreational cannabis for adults 21 and older in the state.
During a recent committee hearing, Alex Petrick, owner of Florida Hemp Distribution, raised questions about whether DeSantis would veto the bill again, given that Amendment 3 is no longer on the ballot. Jessica Spencer, former director of advocacy for the Vote No on 3 campaign, pointed out the increasing presence of unregulated THC products in gas stations and convenience stores, expressing concerns about their potential risks to children and families.
Sen. Jim Boyd from Manatee County acknowledged a sense of déjà vu during discussions but emphasized that the current bill is rooted in good intentions. The measure has passed the Senate Fiscal Committee unanimously, reflecting previous bipartisan support for Burton’s initiatives. The next step is to see when the House will begin to advance its version of the bill, HB 1597, sponsored by St. Lucie County Republican Dana Trabu.
