FDACS sweep uncovers tens of thousands of hemp extract items illegally marketed to children

A sweep through food establishments uncovered hemp extract products designed to look like popular candy, in violation of Florida law.

The Florida Department of Agriculture and Consumer Services (FDACS) completed its largest-ever inspection of hemp extract vendors and discovered tens of thousands of hemp products illegally designed to appeal to children.

The effort swept through 475 food establishments in 27 counties, unearthing 68,689 packages of hemp extract products packaged to look like what you’d find on any candy shelf — some with the same names as popular candy. But they contained euphoric, high-potency THC products, according to a news release.

They are calling it “Operation Kandy Krush.”

It was “Florida’s most extensive hemp inspection sweep ever,” said state Agriculture Commissioner Wilton Simpson in a prepared statement. “We’re proud to announce the results, as we’ve uncovered nearly 70,000 hemp products — including euphoric, high-potency THC products — specifically designed to appeal to children, a blatant violation of Florida Law.”

The new law (SB 1676) maintained age limits for purchasing and using hemp products and a ban on packaging that’s “attractive to children.” Products running afoul of the law include those manufactured in the shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public that could be mistaken for the branded product, especially by children; or containing any color additives.

“After the Florida Legislature worked this year to reform Florida’s hemp laws, this operation now sends a clear message that illegal and unsafe hemp products have no place in our state, and we will continue diligently enforcing the law to keep our communities safe,” Simpson said.

According to a release from Simpson’s office, individuals used a loophole in Florida’s hemp statutes to manufacture and sell euphoric, high-potency hemp products — like delta-8 — for consumption without restrictions, including to minors. During the 2023 Legislative Session, Simpson worked with Sen. Colleen Burton and Rep. Will Robinson Jr., both Republicans, to reform Florida’s hemp laws and better protect consumers and children.

The new law added penalties for selling these products to those younger than 21. Anyone caught selling hemp products in violation of the law would face first-degree misdemeanor charges if they were caught a second time within a year of the first violation.

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Florida Politics writer Drew Wilson contributed to this report.