Florida Hemp Industry Breaking News: Legislature Passes Bill Tightening Restrictions on Hemp-Derived Products

By Sally Kent Peebles

Mar 7, 2024

The Florida legislature passed a bill late last night that will limit the amount of THC in hemp-derived products. While similar attempts to cap the THC in such products have been defeated in the past, SB 1698 passed the House with a 64-48 split, while the Senate unanimously supported it. Once signed by Governor DeSantis, it will go into effect on October 1, 2024.

SB 1698: A Breakdown of the New Regulations

SB 1698 revises the definition of “hemp” to specify that it does not include synthetically or naturally occurring versions of substances such as delta-8 THC, making such products containing these substances illegal to be sold as hemp in the state of Florida. Notably, a compromise was made to include language that caps the products to five milligrams of delta-9 THC per serving and 50 milligrams per container. The Florida bill also revises the definition of “attractive to children” to expand the types of hemp products that are considered attractive to children and therefore prohibited, and prohibits an event organizer from promoting, advertising, or facilitating an event where hemp extract products that do not comply are sold or marketed or where hemp extract products are sold or marketed by businesses that are not properly permitted.

Vicente LLP's 50 State Hemp & Cannabinoid Compliance Guide

Similar changes are being made by a number of other states in the US that are enacting stricter hemp laws and putting heavier enforcement in place. Given this, as well as the FDA's current position that it is illegal to market CBD products as ingredients in food or dietary supplements, please know that Vicente LLP has hemp businesses covered with our 50 State Hemp & Cannabinoid Compliance Guide. This guide was designed to help hemp businesses navigate this ever-changing regulatory environment of hemp-derived products. This comprehensive document features practical guidance and up-to-date summaries of state hemp and cannabinoid laws, regulations, and policy guidance, including:

  • Product-type restrictions and permissibility of sale (food, dietary supplements, alcohol, vaporization, etc.)
  • Manufacturing requirements
  • Testing, packaging, and labeling requirements
  • Reported enforcement actions
  • License, permit, and registration requirements
  • Utilizing of hemp ingredients and sale of hemp products by cannabis businesses

The guide is produced by Vicente LLP attorneys across the country who continually research, monitor, and analyze hemp laws, policies, and regulations. They also utilize valuable regulatory agency relationships and experience to provide subscribers with practical, easily digestible information.

If you are interested in learning more, please reach out to Vicente’s Florida partner, Sally Kent Peebles, Esq. at s.peebles@vicentellp.com.

Click here to download a sample guide!

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