New hemp regulations geared toward marketing take hold in Florida Wednesday

Florida puts a hard cap on medical marijuana dosing.

New regulations governing hemp sales in Florida go into effect Wednesday that are geared toward preventing access to children and stemming marketing aimed at kids.

The new rules from the Florida Department of Agriculture and Consumer Services include provisions on how hemp products are marketed, labeled and advertised in the state. The amendments provide more criteria to prevent specific marketing and packaging targeting children. The new measures also require child resistant packages to keep the hemp products inaccessible to minors.

Paula Savchenko is a founding partner of Cannacore Group, a hemp business licensing consulting firm, and is the founding partner for PS Law Group. Savchenko said the new regulations taking hold Wednesday should be welcomed by the industry In Florida.

Savchenko said that while hemp has been legal in Florida since 2017, there has been too much ambiguity in state laws when it comes to packaging of the goods in the state. Clarification and consistency has long been needed in the state.

“With the new amended rule … going into effect March 12, operators are hoping for more consistency in application of the law as stop-sale orders have been issued irregularly, and albeit frequently,” Savchenko said in a news release.

“From aligning the definition of ‘attractive to children’ with Section 581.217(3)(a), Florida Statutes, to enlisting more specific criteria of packaging and labeling requirements, the amended rule is attempting to provide further clarity to an already gray market. Although this is a step in the right direction, operators are currently on edge as legislation has been introduced once again that would pivotally impact the state’s current market.”

Additional regulatory stipulations that will be enacted Wednesday include labeling requirements for consumable hemp products that align with federal law. Sales QR barcodes will need to provide a link to the hemp product’s website and must be operational for at least 90 days after the expiration date of those products.