Two Florida producers have been cited for targeting children with intoxicating hemp products, in violation of state law.
The companies were accused of “selling and manufacturing hundreds of thousands” of packages containing psychoactive hemp following state food inspections, according to a press release from the Florida Department of Agriculture and Consumer Services (FDACS).
“These historic enforcement actions mark a significant step in our ongoing efforts to protect kids over profits and rein in the hemp industry in Florida,” said Agriculture Commissioner Wilton Simpson.
Market ‘out of control’
“Prior to the changes made to Florida law in 2023, Florida’s hemp industry was out of control and products were being sold without restrictions, including allowing sales to children with marketing and packaging specifically targeting them,” Simpson said.
Last year, Florida Gov. Ron DeSantis signed Senate Bill 1676, an amendment to the state hemp law that allows the intoxicating hemp products but prohibits marketing them to children, sets an age limit of 21-and-over for sales, and carries packaging requirements. But the governor has resisted a total ban.
“While I believe Florida’s laws need to be strengthened, make no mistake, we will use every inch of our current authority to protect Florida’s children from these products and go after those who violate the law,” Simpson said.
Bans on both companies
Just Brands agreed to the revocation of its state food permit, is banned from sales of hemp and any other food products for five years, is prohibited from owning or operating a food establishment in Florida, and will reimburse FDACS a total of $60,500 for attorney’s fees and enforcement costs. An FDACS lawsuit against Just Brands in the Southern District of Florida will be dismissed under the agreement reached by the two parties.
High Roller agreed to a two-year ban on the manufacturing, distribution or sales of “hemp gummy extract products,” and will reimburse FDACS $5,000 for attorney’s fees and enforcement costs.
Products are widespread
The enforcement actions grew out of a sweep by the FDACS in July and August of 2023 that included inspections of more than 700 businesses in all 67 Florida counties and uncovered over 83,000 packages of hemp products, including “euphoric, high-potency THC products.” The agency said it has uncovered over 668,000 packages of hemp products attractive to children since July 1, 2023.
FDACS said after issuing stop-sale orders for 215,154 hemp products to Just Brands last year, it reinspected the company’s facilities in January and February, finding that it had violated the orders by shipping them to Chicago without the FDACS’s knowledge.
The agency said it issued stop-sale orders to High Roller after an inspection in April found 186,377 packages of hemp products and 644 packages containing THC-O and HHCO.
Tighter rules urged
While Gov. DeSantis earlier this year vetoed a bill that would have banned altogether products that contain psychoactive hemp, he urged lawmakers to further shore up current law by putting the products behind the counter and requiring retailers who sell them to be located away from schools, religious institutions and other areas where children gather.
He also called for more detailed labeling that includes cannabinoid content levels, information about the source of ingredients and dosing instructions.