11 Apr Florida Senate Unanimously Passes Bill to Crack Down on Hemp-Derived THC Products

​On April 9, 2025, the Florida Senate unanimously passed Senate Bill 438 (SB 438), introducing significant restrictions on the state’s hemp industry. This bipartisan legislation, co-sponsored by Senators Colleen Burton (R) and Tracie Davis (D), aims to regulate hemp-derived THC products, including a ban on delta-8 and delta-10 THC, and imposes strict limits on delta-9 THC content in consumable products.

SB 438 sets a cap of 5 milligrams of delta-9 THC per serving and 50 milligrams per container for hemp-derived edibles. THC-infused beverages are limited to 5 milligrams per container and can only be sold in establishments with liquor licenses. The bill also mandates third-party testing of all THC-infused hemp products and prohibits public advertisements for these products to protect children from potential exposure.

The legislation includes provisions to restrict the sale of hemp products near schools, daycare centers, and gas stations, and requires that such products be stored out of customers’ reach. These measures address concerns raised by Governor Ron DeSantis in his veto of a similar bill last year, which he criticized for imposing burdensome regulations on small businesses.

While supporters argue that SB 438 will protect consumers and bring order to an unregulated market, critics warn that the new regulations could harm Florida’s hemp industry, potentially leading to job losses and reduced access to hemp-derived products. 

The bill now moves to the Florida House of Representatives, where its companion bill, HB 1597, is under consideration. If enacted, the new regulations would take effect on October 1, 2025.​

Share on Facebook

Tweet

Follow us

Save