Florida lawmakers refloat legislation, renewing battle over intoxicating hemp products

A legislative initiative that would put restrictions on intoxicating products made from industrial hemp has resurfaced in Florida after the state’s governor vetoed such a bill last year.

Florida Senate Bill 1030 (SB 1030) would ban delta-8 THC products, and limit delta-9 THC levels to 2 milligrams per serving and 20 milligrams per container. The measure, filed by Democrat Sen. Tracie Davis of Duval County, would also prohibit businesses from offering hemp products in packaging attractive to children, and ban their sale in gas station convenience stores and other retail outlets.

Florida lawmakers have attempted to impose restrictions on hemp products during the past two legislative sessions. Although a measure did pass last year, it was vetoed by Republican Gov. Ron DeSantis, leaving the unregulated products – many of which have been found to be mislabeled and tainted with harmful chemicals – on the market.

Political shenanigans

The makers of the hemp products later supported DeSantis’s successful efforts to turn back a recreational marijuana referendum that ultimately failed late last year. Rejection of recreational pot by Florida voters has left the market wide open – at least temporarily – for intoxicating hemp producers, who can offer their products as an alternative to legal medical marijuana under virtually no restrictions.

In addition to banning delta-8, a synthetic substance made from hemp-derived CBD in the lab, and setting THC limits, SB 1030 would:

• Prohibit hemp extract products for smoking, with a third violation leading to license revocation.
• Ban hemp stores within 500 feet of schools or daycare facilities.
• Restrict public-facing hemp product advertising.
• Bar events from featuring non-approved hemp products.
• Allow random, unannounced law enforcement inspections of hemp locations.

Feds looking in

If the U.S. Food & Drug Administration (FDA) enacts new regulations on hemp-derived cannabinoids, particularly synthetic intoxicants like delta-8 THC, Florida’s market for these products could face major restrictions or bans. Meanwhile, the DEA’s potential reclassification of the substances as Schedule I controlled drugs could force Florida to either ban or heavily regulate them.

Congress is also considering reforms to the 2018 Farm Bill to set THC limits on all cannabinoids, closing loopholes that currently allow synthetic intoxicants, which would redefine “hemp” and potentially eliminate Florida’s legal market for the compounds.