The Florida Senate has passed a bill aimed at regulating hemp-derived THC products, including the increasingly popular Delta-8 THC. This action marks the second consecutive year that the Senate has taken steps to impose new rules on this sector, which has grown rapidly since the state legalized hemp in 2019.
Senator Colleen Burton, a Republican from Polk County, has been at the forefront of these regulatory efforts. She highlighted concerns from the public regarding the safety of these products, stating that they are “causing harm to Floridians.” Burton emphasized that some retailers are selling intoxicating products that have resulted in hospital visits for both adults and children, and tragically, in some cases, fatalities.
The bill, known as SB 438, specifically bans all Delta-8 products and restricts Delta-9 hemp-derived products to a maximum of five milligrams per serving and 50 milligrams per container. Additionally, it limits the THC content in hemp-infused beverages to five milligrams per container, which can only be sold through retailers holding a liquor license.
Before any hemp extract can be sold in Florida, the bill mandates that each batch must be tested in a certified marijuana testing laboratory. The results must be verified and signed by two laboratory employees to ensure compliance with the definition of hemp and hemp extract. This requirement follows testimony from a Lakeland testing lab owner, who revealed that out of 53 flower hemp samples tested across the state, 50 exceeded the legal Delta-9 THC limit and contained various contaminants.
Senator Gayle Harrell, also a Republican from Southeast Florida, underscored the need for better consumer awareness regarding these products, labeling them as “very intoxicating” and potentially addictive. She pointed out that some sellers of hemp products have THC levels higher than those found in medical marijuana dispensaries.
The legislation also tightens advertising restrictions for businesses and food establishments selling hemp products. They will be prohibited from marketing in ways that are visible to the public from streets, sidewalks, parks, or other public areas.
Furthermore, the bill expands existing laws that prevent marketing THC-hemp products to children. It now includes provisions against packaging that could appeal to kids or resemble branded food products, ensuring these items are stored out of reach in controlled areas accessible only to employees.
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