Florida: Market and regulatory data analysis of the cannabis sector

12th July 2024: US - Florida: The Florida Department of Agriculture and Consumer Services (FDACS) has banned two hemp companies from doing business in the state for allegedly selling products that unlawfully appeal to children. As part of the enforcement action, Just Brands agreed to a five-year ban on selling food or hemp products in the state, while High Roller Private Label agreed to a two-year ban on manufacturing hemp gummies. The FDACS alleges the companies violated Section 581.217(7) of Florida statutes, which prohibits hemp products that are “attractive to children”, and posted pictures of some of the products at issue on X.
10th June 2024: US - Florida: Governor Ron DeSantis has vetoed Senate Bill (SB) 1698, which would have prohibited most products containing intoxicating hemp-derived cannabinoids (IHDCs) like delta-8 THC and limited the amount of total delta-9 THC in hemp products. In explaining the veto, DeSantis warned against the effect that the bill would have had on small businesses and encouraged the legislature to focus on regulating hemp products in the areas of quality control, packaging and retail sales instead of banning products.
31st May 2024: US - Florida: Governor Ron DeSantis is moving towards vetoing Senate Bill (SB) 1698, which would prohibit most products containing intoxicating hemp-derived cannabinoids (IHDCs) like delta-8 THC and limit the amount of total delta-9 THC in hemp products, press reports. SB 1698 was passed by the legislature in March, but has not yet been transmitted to DeSantis for his assent. A potential veto could come as a shock to many, as DeSantis is actively campaigning against a ballot measure in November that could legalise recreational cannabis in the state.
8th April 2024: US - Florida: Governor Ron DeSantis has criticised the recreational cannabis measure, which will appear as Amendment 3 on the November ballot, calling it “radical” and saying it would go beyond decriminalising cannabis. Speaking specifically about the adult-use cannabis initiative, DeSantis said: “It’s basically a licence to have it anywhere you want.” The governor’s comments came only a few days after the state’s Supreme Court ruled that the industry-funded ballot initiative meets state constitutional requirements.
2nd April 2024: US - Florida: The state’s Supreme Court has ruled that an industry-funded ballot initiative will appear on state voters’ November ballots. The decision comes more than four months after justices heard oral arguments in the case against the Smart and Safe Florida campaign last November. “In light of those limited considerations, we approve the proposed amendment for placement on the ballot,” the justices wrote. If passed by 60% of voters in November, Amendment 3 would allow recreational cannabis sales to adults (21+) at existing medical cannabis treatment centres.
12th March 2024: US - Florida: Senate Bill (SB) 1698 has been passed by the House and now heads to the governor. According to the amended bill, hemp products would not be allowed to exceed 5 mg of total delta-9 THC per serving and 50 mg per container on a wet-weight basis. An amendment upped those limits from the original proposal of 2 mg per serving and 10 mg per container. The bill further defines the “total delta-9-tetrahydrocannabinol concentration” to include delta-9 THC acid (THCA). It would also ban the sale of delta-8 THC, delta-10 THC, and such hemp-derived cannabinoids as hexahydrocannabinol (HHC), tetrahydrocannabinol acetate (THC-O), tetrahydrocannabiphorol (THCP) and tetrahydrocannabivarin (THCV).
28th February 2024: US - Florida: The legislative attempts to set THC potency caps on certain cannabis products in Florida seem to have been shelved for this session, media reports. Both House Bill 1269 and Senate Bill 7050, which would have prohibited dispensary sales of adult-use cannabis flower with a potency greater than 30% THC, advanced through committees in both chambers but are now unlikely to move forward due to time constraints. While adult-use cannabis products are not yet legal in Florida, voters may have the opportunity to decide on the issue in November. House sponsor Republican Ralph Massullo confirmed to Politico that the bill is dead this year. “I believe the product we crafted was sound,” said Massullo, while also highlighting that he hopes the legislature will “take up similar policies” in the future if voters approve a legalisation initiative in November.
16th February 2024: US - Florida: Senate Bill (SB) 1698 has been passed unanimously by the Senate and now heads to the House for consideration. According to the bill, hemp products would not be allowed to exceed 2 mg of total delta-9 THC per serving and 10 mg per container on a wet-weight basis. The bill further defines the “total delta-9-tetrahydrocannabinol concentration” to include delta-9 THC acid (THCA). It would also ban the sale of delta-8 THC, delta-10 THC, and such hemp-derived cannabinoids as hexahydrocannabinol (HHC), tetrahydrocannabinol acetate (THC-O), tetrahydrocannabiphorol (THCP) and tetrahydrocannabivarin (THCV).
15th December 2023: US - Florida: Christopher Kimball, director of the Office of Medical Marijuana Use (OMMU), told lawmakers that the OMMU is looking to issue 22 additional medical cannabis licences – nearly double the current amount – within the next six months, press reports. An increase in licences is required by law, as the number of eligible patients has risen. The OMMU has already accepted 74 licence applications, though one applicant has withdrawn.
6th November 2023: US - Florida: Just Brands, which markets CBD products under the brand Just CBD, is suing Florida authorities in federal court over a raid carried out by the Florida Department of Agriculture and Consumer Services (FDACS) to enforce a new law prohibiting hemp-derived products that are attractive to children, press reports. Signed into law in June, Senate Bill (SB) 1676 prohibits the sale and distribution of hemp products that are attractive to children, which is defined as being in the form of a human, animal, or cartoon; bears “reasonable resemblance” to a known branded product; or contains any colour additive. However, Just Brands contends that it did not violate the law because those products were produced for sale in other states. This is the latest in a series of sweeps that the FDACS has made since SB 1676 took effect.
29th June 2023: US - Florida: Senate Bill 1676 has been signed into law by governor Ron DeSantis, bringing changes to the regulation of hemp in the state. The new law prohibits hemp-derived products from using packaging, labelling, marketing or advertising that appeals to children. It imposes penalties for selling hemp-derived products to under-21s, expands the definition of “food” to include hemp extract, and sets requirements on processing, container packaging, and sales to businesses. The Department of Agriculture and Consumer Services is granted rulemaking authority for the packaging, labelling and advertising of hemp extract products.
27th June 2023: US - Florida: House Bill 387, which expands the use of telehealth in the medical cannabis certification process, has been signed into law by governor Ron DeSantis. The new law requires an initial in-person examination for physician certification of medical cannabis, but allows for subsequent renewals to be conducted remotely. The Department of Health is authorised to suspend the registration of physicians who violate the requirements or engage in premature telehealth services for up to two years.

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