Legislative crackdown on Florida's hemp industry heads to Senate floor
New regulations on hemp-derived THC products in Florida have passed unanimously in the Senate Fiscal Policy Committee, and now go to the full Senate for consideration.
This is Polk County Republican Sen. Colleen Burton's third attempt in three years to tighten rules around what has become a billion-dollar industry since the plant was legalized for sale in Florida in 2019.
Her 2023 bill was ultimately watered down to essentially banning hemp-derived products from being sold to anyone under 21, and adopting rules ensuring they were not marketed to be attractive to children. The 2024 version, passed in the Senate but only narrowly in the House, imposed strict strict limits on THC levels in hemp products and a complete ban on the sale of delta-8 THC — but it was vetoed by Gov. Ron DeSantis.
This years's bill (SB 438) is similar to last year's — with more restrictions. It would forbid any amount of synthetic cannabinoids, including Delta-8. The amount of Delta-9 hemp-derived products couldn't be more than five milligrams per serving or 50 milligrams per container.
It limits the amount of THC in hemp-infused drinks to just five milligrams per container. Such drinks could only be sold through a retailer with a liquor license — a provision strongly supported by lobbyists representing the beer and wine industry.
'This bill to me takes an appropriate stance, if you will, on the regulation of products that are sold in Florida,' Burton said. 'It still allows hemp-infused products to be sold, but it regulates them.'
The bill would ban any business from selling hemp products within 500 feet of a school or a daycare facility. If enacted, businesses would not be able to advertise the availability of such products in a manner visible to the public from any street, sidewalk, park, or other public place.
DeSantis was heavily pressured by the hemp industry last year to veto Burton's bill. In his statement announcing that veto, he complained the measure would 'impose debilitating regulatory burdens on small businesses.'
Later, multiple news stories reported that the hemp industry helped him financially work to defeat Amendment 3, the proposed constitutional amendment that would have legalized recreational cannabis in the state for adults 21 and older.
That perceived quid pro quo was noted at Thursday's committee hearing by Alex Petrick, owner of Florida Hemp Distribution.
'If the exact same bill passed this year again, and it makes it back to DeSantis' desk, will he stand by his word and veto it again because it is a 'regulatory hurdle?'' he asked. 'Or do we think he'll pass it this time because Amendment 3 is not on the ballot.'
Jessica Spencer, who served as director of advocacy for the Vote No on 3 campaign last year, pointed to a proliferation of gas stations and smoke shops advertising 'THC' and 'No medical marijuana card needed' in their storefronts.
'This unregulated, non-FDA-approved intoxicating THC products that are synthesized from hemp and are easily accessed at our gas stations and convenience stores, are in fact endangering children and families,' she said.
Manatee County Republican Jim Boyd acknowledged a sense of déjà vu. 'Here we go again, but here we go again for the right reasons,' he said. 'This was a good bill last year. I believe it's a good bill this year.'
The measure passed out of the Senate Fiscal Committee unanimously — no surprise, since every senator supported Burton's bill last year on the floor. The question now is when does the House start moving its version (HB 1597), sponsored by St. Lucie County Republican Dana Trabulsky.
House Speaker Danny Perez certainly takes the issue seriously. He convened a special workgroup that spent three days researching the hemp industry in Florida during the first week of the legislative session earlier this month.
Trabulsky's bill was sent to four House committees, none of which have scheduled a hearing for it yet. There are still five weeks left in the 60-day session.
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