Nearly one year after the resignation of Gov. Ron DeSantis vetoed Florida legislators are intensifying their efforts to crack down on Florida’s cannabis market. They have introduced legislation to ban products that contain delta-8 THC and hemp.
Florida Senate Fiscal Policy Committee The vote On March 27, the vote was 18-0 in favor of advancing. Senate Bill 438This regulation aims to restrict the location of stores that sell hemp products, ban advertising for certain products, as well as other rules.
Cannabinoids like delta-8 THC (also known as THC-10), HHC (also known as THC-O), THCP (also called THCV), and THC-O are prohibited.
This week, the Senate will hold a full floor debate on the bipartisan bill, which is sponsored by Sen. Colleen B. Burton (R-Lakeland) and cosponsored by Sen. Tracie D. Davis (D-Jacksonville).
“Early on in the process, when we first started talking about hemp-infused products, I would hear a lot from folks, ‘Well, it doesn’t hurt anybody,'” Burton said before the Fiscal Policy Committee vote. “I am here to let you know that this is bad for people. Every year, synthetic cannabinoids cause the death of Floridians. Between 2022-2023, the death rate due to synthetic cannabis increased by 50%.

Burton’s 50% increase was not referring to deaths caused specifically by synthetic cannabinoids, but rather “drug-occurrences” in deceased persons. According to the Florida Department of Law Enforcement which works with the Florida Medical Examiners Commission, in 2023 cannabinoids caused 32 deaths while synthetic cannabinoids caused 15 deaths. Annual report Drugs detected in dead persons
Burton mentioned that there has been an increase of calls made to Florida Poison Control Centers regarding accidental consumption by children of hemp-based products that are intoxicating.
Burton stated that the increase was in spite of The law is a good way to start. she sponsored in 2023—and later signed by DeSantis—that amended the state’s hemp program to prohibit hemp extract products intended for human consumption from being sold to anyone under 21 years of age. The bill was passed by both houses of the legislature unanimously.
Burton sponsors 2024 similar legislation DeSantis’ veto of last year’s bill was due to his concerns about its impact on Florida’s “cornerstone”, small businesses. Veto a message.
DeSantis wrote: “While Senate Bill 201698’s objectives are commendable in nature, this bill will impose massive regulatory burdens to small businesses that almost certainly won’t achieve their goals.” “Senate Bill 1698 would introduce dramatic disruption and harm to many small retail and manufacturing businesses in Florida—businesses that have emerged due to recent legislation paving the way for the commercial use of hemp.”
Some people accused him of being biased in favor of hemp over marijuana, and specifically cannabis. CBS News Reporting that hemp executives have pledged financial assistance to DeSantis in order to defeat Amendment 3 – a citizen initiated adult cannabis legalization measure that DeSantis has opposed. Vehemently oppose Leading up to the November 2020 elections
DeSantis urged Florida legislators in his veto-message to engage all stakeholders, specifically quality control, labeling, packaging, and retail sales before passing legislation to regulate hemp in 2025.
Burton’s newest legislation (S.B. 438) aims to require hemp extracts to be tested by a certified medical cannabis laboratory—rather than an independent lab—before it may be sold in the state. Labels would need to include accurate THC/CBD concentrations as well as ensure there were no harmful contaminants.
The maximum amount of delta-9-THC in hemp products per serving is 50 milligrams. Beverages infused with THC cannot contain more than five milligrams of delta-9 THC per can, sealed bottle or other container.
A law would also prohibit hemp products being sold within a 500-foot radius of any school, daycare facility, gas station or other hemp retailers. THC-infused beverage would also be banned from having alcohol in them and only allowed at licensed locations that sell alcoholic drinks.
Also, S.B. S.B. 438 prohibits retailers of hemp products from advertising in such a way that their advertisements are visible outside the stores. The packaging and advertising allowed could not include images or text that would appeal to kids or suggest that the products had health or medical benefits without any evidence.
Burton explained that the bill “takes an appropriate stand, if I may say so, regarding Florida’s regulation on products sold.” It still allows the sale of hemp-infused goods, but regulates. … I am not somebody who wants even marijuana or hemp sold anywhere, but this is not about me. It is not personal. The laws we pass as senators in Florida are for the benefit of all Floridians. “They’re all about what we can accomplish for Floridians.”
Companion legislation, House Bill 1597Rep. Dana Trabulsy (R-Fort Pierce) is sponsoring in the lower house, but it has not yet received a hearing by a committee.
Date of effective legislation: Oct. 1, 2020