Gov. DeSantis kills hemp bill, keeps Delta 8 and related compounds legal

Image by Niksy from Pixabay.

Three months after the Legislature passed a crackdown on the state’s hemp market (SB 1698), the legislation was finally advanced on Friday to Gov. Ron DeSantis amid strong speculation that he may veto the priority package of GOP Sen. Colleen Burton.

Within just a few hours, he vetoed it, heartening hemp advocates and harshing the mellow out of people who sought to take away key products of the in-state industry.

In a transmittal letter, DeSantis said the bill would “impose debilitating regulatory burdens” and “dramatic disruption and harm” on businesses in the sector, then urged the Legislature and stakeholders to engage during the 2025 Session and develop a regulatory framework for the industry grounded in “sensible, non-arbitary regulation” that would “provide much-needed stability” to the marketplace.

The bill DeSantis killed would have imposed arguably arbitary restrictions on what the industry can offer and how it must be packaged, ones that would have wrecked the consumer market.

For starters, it would have capped the permissible amount of delta-9 THC in hemp extract to 5 mg a serving or 50 mg a container.

Meanwhile, the language proposed would have imposed bans on a series of non-CBD compounds with affinities to the CB1 receptors, including delta-8-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol acetate, tetrahydrocannabiphorol and tetrahydrocannabivarin.

The bill comes one year after the Legislature wrestled with the hemp issue previously.

SB 1676, which ultimately passed both the House and Senate unanimously after initial controversy in 2023, maintained age limits of 21 and up for purchase and usage, as well as a ban on packaging that’s “attractive to children.” It curbs “hemp edibles” making their way to minors, adding “consumer safety” provisions including product testing. Industry stakeholders and the Florida Department of Agriculture and Consumer Services backed the bill in its final form.

But despite those changes to the industry still being processed this year, legislators pushed for the kind of far-reaching bans on hemp happening in many states, a localized movement backdropped by a federal farm bill that could impose its own restrictions on THC and other hemp compounds.

But all of it is for naught.

Ultimately, it was DeSantis, who has complained often of the “stench” of marijuana, who snuffed out the prohibitionists on behalf of its equally pungent cousin.

Industry players lauded the Governor’s bold move.

“I’d like to express my sincere appreciation and gratitude for Ron DeSantis’ support of Florida’s regulated hemp industry. As an industry leader in advocacy, I look forward to working with the Governor and Florida Legislature next year to further solidify Florida as the gold standard for appropriate and safe regulation of hemp and hemp-derived products. Thank you again for protecting our regulated industry, the small businesses, family farms, and veterans that have come to rely on it,”  said Bret Worley, CEO of MC Nutraceuticals.

Hemp From Florida thanked the Governor “for saving thousands of Florida jobs by standing with our state’s regulated hemp industry, farmers, and small businesses with your veto of SB 1698.”

“Florida has always been a beacon of economic freedom and prosperity, even when the rest of the world shut down, and today Governor DeSantis sent a resounding message that Florida continues to be open for business.”

JD McCormick, the President of the Florida Healthy Alternatives Association, said DeSantis “saw this bill for what it was – a way to sweep the hemp industry out of business in the state of Florida. The hardworking Floridians that make up this industry know what it means to follow the law and work within the lines.”

“The legislature heard our concerns, but didn’t fully appreciate the impact of their legislation. Governor DeSantis understands that everyday Floridians rely on hemp and CBD products to stay away from harmful and addictive medications, and that thousands of Floridians have built local businesses to serve this critical need. We want to keep our relationship with the legislature and the governor strong as we work together to ensure that the regulatory framework remains safe for all Floridians.”