Jacob Ogles
A regulatory framework for hemp-infused products is ready for consideration on the House floor.
The House Commerce Committee unanimously advanced both a policy-focused bill (HB 7027) and a taxing structure (HB 7029) that would impact the manufacture and sale of contents containing THC available in the consumer market.
“Bad actors from outside the state have been using the laws regulating the sale of hemp as a backdoor to sell products that are just as intoxicating, or more intoxicating, than Florida’s medical marijuana program. These bad actors are packaging their products to look like products that are marketed to children, such as cereal, Doritos, other snacks and candy,” said Rep. Michelle Salzman, a Pensacola Republican.
“This bill stops the bad actors and ensures that our children are not at risk of ingesting products that can put them in the emergency room, while ensuring that we are not hurting legitimate businesses in Florida that wish to sell legitimate hemp products to adults.”
The policy bill as cleared by committee cracks down on packaging THC products to ensure there aren’t cartoon characters or animals used in a way to market to children. The legislation also stops the production of consumable goods that look like candies or snacks already well known in the market.
For goods to remain on store shelves under the bill, there must be independent laboratory testing to ensure the goods do not contain greater than 0.3% THC.
While the legislation allows logos and websites on packaging, it requires the products to be packaged in non-transparent, single-color packaging that cannot be mistaken for snack products.
A number of retailers continued to speak out against provisions of the bill.
“There’s a slew of additional restrictions in this bill that are going to make it hard for companies like ours, which is trying to do the right thing to follow the law,” said Patrick Shatzer, senior manager of regulatory affairs for Sunmed.
But other industry leaders said regulations must be put in place to give credibility to an industry now operating without any oversight. And sellers of liquor and tobacco products said it’s both dangerous and unfair that the sale of one intoxicating product now occurs with little regulation, compared to the heavy restrictions on other sectors.
“THC drinks must be kept out of reach and unavailable for sale to anyone under the age of 21. We believe the House bill hemp products will maintain Florida’s commitment to public safety,” said Scott Dick, a lobbyist for ABC Fine Wines & Spirits.
Of note, the legislation in the House still has significant differences from a bill already passed in the Senate. For example, the Senate legislation (SB 438) cracks down on signage used by stores to market products to consumers, a matter where the House legislation remains silent.
Lawmakers in both chambers want to avoid the fate of hemp legislation passed last year. Gov. Ron DeSantis last June vetoed that bill, citing concerns it would burden small businesses.
