Florida Senator Pushes New Hemp Product Regulations After Last Year's Veto

Florida Senator Pushes New Hemp Product Regulations After Last Year’s Veto

In a move that could reshape Florida’s hemp industry, state Senator Tracie Davis (D) introduced a new bill aimed at regulating hemp-derived cannabinoid products. This bill comes after Governor Ron DeSantis (R) vetoed similar legislation last year, citing concerns about the potential impact on the industry. The new legislation would impose strict regulations on hemp products, including significant restrictions on cannabinoids like delta-8 and delta-9 THC.

Key Provisions of the New Legislation

The proposed bill, which aims to enhance safety and control over hemp products, would include several provisions that critics argue could have severe consequences for Florida’s hemp industry. Among the key changes outlined in the bill are:

  • A Ban on Delta-8 THC: The bill would ban the sale and use of delta-8 THC, a popular cannabinoid derived from hemp. Delta-8 THC has grown in popularity for its purported mild psychoactive effects, which many consumers see as a more accessible alternative to delta-9 THC.
  • Restriction on Delta-9 THC Levels: The bill proposes to restrict the amount of delta-9 THC—the primary psychoactive component in cannabis—in hemp products to 2 milligrams per serving and 20 milligrams per container.
  • Banning Smokable Hemp Concentrates: The bill also seeks to ban smokable hemp concentrates, which have become a common method of consumption for some cannabis users.
  • Sales Restrictions in Gas Stations: Hemp products would be prohibited from being sold in gas stations, reducing the availability and accessibility of these items in common retail locations.
  • Zoning Restrictions on Hemp Stores: Under the bill, hemp businesses would be restricted from opening within 500 feet of schools. This provision aims to prevent young people from having easy access to hemp products.
  • Stricter Advertising and Packaging Rules: The bill imposes heavy restrictions on advertising and packaging, including rules designed to prevent misleading claims or targeting younger audiences, as well as additional labeling requirements.

Industry Pushback

The introduction of the bill has already been met with strong opposition from industry stakeholders. Kerry Hinkle, director of membership and public affairs for the U.S. Hemp Roundtable, expressed his concerns about the potential damage the bill could do to Florida’s hemp industry. He explained that the bill’s provisions would essentially ban the vast majority of hemp products currently available on the market.

“This bill would ban the vast majority of hemp products on the market and implement excessively burdensome marketing and packaging rules that harm legitimate hemp businesses,” Hinkle said in a statement to the Florida Phoenix.

The U.S. Hemp Roundtable is a coalition of hemp industry stakeholders that has been actively advocating for the growth and regulation of the hemp market. Hinkle’s statement underscores the concern that overly strict regulations could hinder businesses that have invested in the emerging industry and prevent Florida from fully tapping into the economic potential of hemp.

Background on the Veto and Legislative Landscape

The new bill comes after Governor DeSantis vetoed a similar hemp regulation bill last year. That bill would have imposed strict limitations on hemp-derived products, particularly those that contain delta-8 THC. The veto came after significant lobbying from hemp industry representatives who feared that the bill’s provisions would stifle the growing market for hemp-derived products.

The veto was seen by many as a political maneuver by Governor DeSantis, who was also fighting a proposed adult-use cannabis legalization initiative that did not succeed in the 2023 ballot. By vetoing the bill, the Governor was able to maintain support from hemp businesses, which he hoped would play a crucial role in his opposition to broader cannabis reform in Florida.

Despite the governor’s veto last year, the growing demand for hemp products—particularly those with psychoactive properties—has led to a renewed push for regulation. Proponents of the new bill argue that its provisions are necessary to safeguard consumers and maintain public health standards in Florida’s rapidly expanding hemp industry.

Looking Ahead: What’s Next for Florida’s Hemp Industry?

As it stands, the future of the hemp industry in Florida is uncertain, with both advocates and critics closely watching the progress of the bill. If passed, the bill could set a precedent for similar legislation across the U.S. as states continue to grapple with the complexities of hemp product regulation.

Meanwhile, the Florida legislature will likely continue to debate the balance between consumer protection and supporting a thriving industry. Industry advocates are working hard to ensure that their voices are heard as lawmakers continue to shape the regulatory framework for hemp products in the state.

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