Another update in Florida’s cannabis market means another set of challenges for both licensed cannabis operators and companies in the state.
The Florida Legislature has approved a bill to regulate hemp-derived products in the state and eliminate natural cannabinoids like Delta-8 THC, which is already banned in 17 states and heavily restricted in seven more.
The bill would prohibit the sale of Delta-8 products like gummies, tinctures, and vapes. It may also affect other hemp extract products due to the presence of some banned natural cannabinoids and compounds in hemp.
Florida Senate Bill 1698 could significantly impact Florida’s hemp market and potentially affect all farmers, companies, and hemp-based products – even those with no psychoactive effect.
What Does Florida Senate Bill 1698 Mean?
Florida’s hemp industry currently contributes nearly $10 billion to the state economy – but this new proposed bill could result in a heavy hit for most established hemp farms and manufacturers in the state.
This newly approved bill is written and designed to ban all intoxicating hemp-based products sold in Florida with the intent of further regulating the safety of consumption for minors. The newly approved Senate Bill 1698 states the following:
“Food and Hemp Products; Defining the term “total delta-9-tetrahydrocannabinol concentration”; providing conditions for the manufacture, delivery, hold, offer for sale, distribution, or sale of hemp extract; prohibiting businesses and food establishments from possessing hemp extract products that are attractive to children; prohibiting the Department of Agriculture and Consumer Services from granting permission to remove or use certain hemp extract products until it determines that such hemp extract products comply with state law, etc.”
The penalty fine associated with this new bill would cost farmers, companies, and operators up to $2,000,000 in fees.
Sponsored by Polk County Senator Colleen Burton, the SB1698 was passed through the Senate unanimously, 39-0 on March 6th, 2024. This vote came a few short hours after the House approval, where it was approved on a 64-48 vote.
Rapid Changes & Approval by the State
The bill proposes more regulated requirements around the packaging and child safety of hemp-based THC products but also goes as far as restricting agricultural practices around hemp. Before reaching the House and Senate, Rep. Tommy Gregory, made minor changes to the proposal’s verbiage:
- The prohibition of “natural flavors” was removed from the bill, which would have impacted operators and farmers who work with the selling, manufacturing, and processing of terpene steam distillation in their hemp-based products.
- New language on this bill removes the prohibition of “natural cannabinoids,” which would have compromised the selling and legality of any crops that naturally contain small traces of hemp-based cannabinoids such as Delta-8 THC or THCV.
- The new fine print now requires a cap on all Delta-9 THC products derived from hemp – 5mg per serving, or up to 50mg per container. This is recently revised from the bill’s original limit of 2mg of Delta 9-THC per serving, and 10mg per container.
Quickly surpassing the House and hastily making its way to the Florida Senate, SB1698 would not only be a huge pivot to already established hemp companies in the state but also impact the accessibility consumers and patients have to these hemp-based products, including CBD or full-spectrum extracts.
How Will This Impact the Florida Hemp Industry?
Even with the slight initial changes made to the bill before House and Senate approval, many hemp farmers and operators still remain uneasy about the potential impact this will have on the state’s established hemp industry.
“This is just another example of the Florida legislature tipping the scales of commerce towards the favor of their deep-pocket donors,” Adam Palow, owner and hemp operator of High Moon Farm comments. “It does nothing to serve the public interest or the medical patient interest, all it does is shut down another revenue-generating industry in the state of Florida, put people out of work, and criminalize a spectrum of farming that is 100% legal under current federal guidelines.”
“I wish this wasn’t gonna have the detrimental impacts to the business that it will. While these early changes to the bill’s language are helpful for our company, the wording of SB1698 still holds significant weight to the potential of the industry,” Jammie Treadwell states. She is a legacy owner and operator of Treadwell Farms, a licensed hemp farm with family roots in Florida agriculture for over 100 years.
The quick approval of SB1698 doesn’t quite surprise Jammie as much as most, considering she’s advocated against the prohibition of natural cannabinoids in the initial hearings of the bill proposal.
“Don’t forget about the farmers,” she reminded state officials, “This is not a plant to be afraid of. It’s unfortunate we couldn’t work better all together (FL officials and farmers) to find a solution to safer hemp products in the state.”
While the bill to ban hemp-based cannabinoids has 30 days to get signed or vetoed by DeSantis – Jammie, like many Florida hemp farmers, are now in a position of pivoting their business model and structure to adhere to the looming potential of the state’s hemp ban.
Be sure to check out Isabella’s article, The Frenzy in Florida’s Cannabis Market!
Isabella DeChard is a writer & Certified Ganjier on a mission to advocate, educate, and elevate the power of the plant – to the cannabis community and its consumers alike. She offers creative content and writing that ignites the celebration and diversity of cannabis and everything it offers.
She is a proud digital marketer, writer, stoner, and creative artist under @btchyhippie.
You can find Isabella on her website here.
