Janelle Irwin Taylor
The House Housing, Agriculture and Tourism Subcommittee has cleared a measure aimed at regulating and taxing consumable hemp and THC products while offering a legal framework under which the industry may operate.
The proposed committed bill (PCB-HAT 25-01) would mandate laboratory testing of consumable hemp or THC products, ensuring they meet regulatory standards for safe consumption; block sales of the products at convenience stores or gas stations and in any way that is attractive to children, including through colorful packaging or cartoon-like mascots; and establish fines for violations.
The Florida Department of Agriculture and Consumer Services would be responsible for enforcement of production, manufacture, transportation and sale of consumable hemp products.
The measure cleared unanimously among all present at the meeting, 15-0. So too did an affiliated proposed committee bill (PCB-HAT 25-02), which provides for the taxation of hemp THC products at the same rate as cigarettes for smokable products and at the same rate as wine for hemp THC beverages.
Neither committee bill has additional committees of reference listed, which means the measure could head next to the House floor. A similar measure in the Senate (SB 438) from Sen. Colleen Burton is already teed up for a floor vote.
The bill would allow a total delta-9 THC concentration up to 0.3%. Beverages under the proposed bill would be limited to no more than 5 milligrams of THC per 6 ounces of fluid. Containers could hold no more than 12 ounces. Beverages sold in multiples — like a case of soda or beer — would be limited to 10 containers per package.
The bill would also limit smokable products — either in cigarette form or as a vape — to contain no more than 2.5 mg of THC per gram or, in the case of a single cigarette or vape device, no more than 1 gram. Containers could hold no more than 20 individual cigarettes or vapor-producing devices. Edibles would be limited to 2.5 mg of THC per gram with no more than 20 edibles per package. Tinctures could contain up to 100 mg of THC per 35 grams.
Those provisions would take effect at the end of 2028. By the end of 2029, some limits — such as for cigarettes and vapes — would decrease from 2.5 mg to 1.25 mg.
The bill would also block consumable hemp THC products from being sold or otherwise provided wholesale at festivals, fairs, trade shows, farmers markets, expos or pop-up retail establishments.
Gov. Ron DeSantis vetoed a similar legislative package last year, leaving the future of this year’s hemp bill decidedly uncertain.
The Governor wrote in a veto message last year that regulations on the burgeoning hemp market would “impose debilitating regulatory burdens” on Florida retailers.
The House committee bill replaces a member bill (HB 1597) from Rep. Dana Trabulsy. It was created through the Combined Workgroup on Hemp established by House Speaker Daniel Perez to gather information about regulatory needs and balance those needs with concerns from the Governor and from industry critics.
Public comment on this year’s House committee bill was largely positive, with most speakers applauding efforts to ensure a fair and level playing field for hemp THC products while still ensuring product safety and that kids aren’t able to easily access the products.
“We need access restriction, not just age restriction,” said Charlie Bailes, Executive Vice President at ABC Fine Wine & Spirits, which sells hemp THC beverages. He praised the legislation and added that he and others with his company “strongly believe” the products “should be treated similarly” to alcohol regulation.
The bill, and the accompanying tax bill, largely do just that. Rep. Lindsay Cross, a Democrat who serves as the ranking member on the committee, asked why THC beverages would be subject to the same tax as wine rather than spirits, which are taxed at a higher rate. While wine can be sold in convenience stores, spirits cannot.
Rep. Michelle Salzman, the committee Chair, acknowledged that it was a reasonable question and suggested that future changes could be possible.
The Senate bill is similar. It requires hemp extracts to be tested by a certified medical marijuana laboratory instead of any independent lab to determine if the goods meet state hemp definitions. The product could be sold in Florida so long as it was free of unsafe contents but would have labeling requirements that accurately reflect its concentration of THC and cannabidiol.
As for THC-infused products, only businesses also licensed to sell alcohol could sell them, but the products could not contain alcohol themselves. The products could not be marketed to children with attractive packaging, such as displaying toys, and the packaging could not resemble other well-known food brands, such as gummy bears, typically marketed to children.
