Florida Legislators Propose New Restrictions on Hemp Products
Florida legislators have been trying to establish new laws concerning the manufacturing and sale of hemp products over the last two legislative sessions. A bill passed in Spring 2024, but Governor Ron DeSantis vetoed it. A new bill has been introduced during the current 2025 legislative session, with significant hemp industry restrictions. They range from limiting THC levels below the federal levels to banning the sale of hemp products in various locations.
Florida Senator Tracie Davis has introduced SB 1030. It has some restrictions on hemp product producers and retailers. They include the following.
- THC cannot be more than two milligrams per serving in a hemp product and no more than 20 milligrams per container.
- All THC products are banned.
- Hemp products designed for inhalation cannot be sold.
- Hemp products cannot be advertised in any way that is visible to the public from a street, park, sidewalk or other public place.
- Hemp products cannot be sold in gas stations.
- Hemp stores cannot be located within 500 feet of a school or daycare facility.
- Businesses cannot possess hemp products that are packaged in containers attractive to children.
There are even more restrictions. In addition, law enforcement is allowed to conduct unannounced, random inspections of any location selling hemp. Hemp extract products must have a Certificate of Analysis (COA) and a scannable bar code.
A bill was also introduced in the Florida House (HB 601) by Representative Hilary Cassel. It allows the 0.3% THC limit as written in the federal law and a limit of 25 milligrams per serving or 500 milligrams per container. Vapor products with no more than three milliliters of THC are allowed.
In June 2024, Governor DeSantis played a crucial role in the legislation process by vetoing a hemp ban bill, citing the potential harm it could cause to small hemp businesses as the main reason. This veto was appreciated by the industry members selling medical marijuana, who later contributed to the efforts to oppose a proposed constitutional amendment legalizing cannabis for recreational use. At the time of the veto, the Governor indicated the need to reevaluate the hemp industry regulations in 2025. SB 1030 and HB 601 are new versions of attempts to better regulate the hemp industry.
This is a complex issue that many states are grappling with, which is how to pass legislation that restricts and synthetic THC products without harming the hemp industry. The challenge is further compounded by the significant investments made by small businesses in their farms, production facilities, and retail stores. The sudden ban on CBD products that meet federal THC limits or the implementation of unreasonable advertising laws can have a detrimental effect on the industry. For example, per the current reading of SB 1030, a CBD store could not even hang an advertisement in a window, as it might be visible to pedestrians or drivers on the streets outside the store.
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