It still allows the sale of hemp-infused goods, but regulates them.
By Mitch Perry, Florida Phoenix
Florida’s Senate Fiscal Policy Committee has unanimously approved new regulations concerning hemp-derived THC in Florida. Now, the entire Senate will be considering the legislation.
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.
In the end, her 2023 bill became a watered-down version that essentially banned hemp-derived product sales to those under 21 and adopted rules to ensure they weren’t marketed in a way to appeal 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 (R).
This years’s bill (SB 438) is similar to last year’s—with more restrictions. This bill will ban any quantity of cannabinoids synthetic, such as delta-8 THC. Delta-9 THC can’t exceed five milligrams in hemp-derived products or fifty milligrams for containers.
The amount of THC allowed in drinks infused with hemp is limited to five milligrams. 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.
Burton: “I think this bill is a good one, it takes a stance that I would consider appropriate, regarding the regulations of products sold in Florida.” Burton said that the bill still allowed hemp-infused items to be sold but regulated them.
A bill is proposed that would prohibit any business selling hemp within 500 feet from a school, or daycare. Businesses would be prohibited from advertising the availability of hemp products to the public in any public space, including a street, sidewalk or park.
Veto
DeSantis received heavy pressure last year from the hemp sector to veto Burton’s Bill. In his statement announcing that veto, he complained the measure would “impose debilitating regulatory burdens on small businesses.”
Multiple news reports reported later that hemp helped him to financially defeat Amendment 3 – the constitutional amendment which would have allowed adults over 21 years old to use recreational marijuana in California.
Alex Petrick of Florida Hemp Distribution, the owner of Florida Hemp Distribution, noted that perceived quid-pro-quo at Thursday’s hearing.
“If the exact same bill passed this year again, and it makes it back to DeSantis’s desk, will he stand by his word and veto it again because it is a ‘regulatory hurdle?'” He asked. He asked.
Jessica Spencer who was the director of advocacy in last year’s Vote No on 3 initiative, pointed out that there were many gas stations, smoke shops, and other businesses advertising “THC” and “No medical marijuana card required” on their front doors.
The unregulated THC intoxicating products are available at convenience stores, gas stations and other places that sell hemp. They are dangerous to families and children.
Déjà vu
Manatee County Republican Jim Boyd acknowledged a sense of déjà vu. He said, “Here’s another time. But this time for good reasons.” This was a great bill last year. This bill is good this year, I think.
The measure passed out of the Senate Fiscal Committee unanimously—no surprise, since every senator supported Burton’s bill last year on the floor. It is now up to the House of Representatives (H.B. 1597), which was sponsored by St. Lucie County Republican Dana Trabulsky, as to when it will begin moving this version.
House Speaker Danny Perez, R. takes this issue very seriously. He organized a workgroup which spent three full days in Florida researching the hemp sector during the first legislative week earlier this month.
Trabulsky’s bill has been sent to four House panels, but none have yet scheduled a public hearing. Five weeks remain in this 60-day period.
Florida Phoenix was the first to publish this story.
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Kimzy Nanney provided the photo.