New regulations aimed at protecting children from intoxicating hemp products will remain in effect after Florida lawmakers failed to pass broader legislation to rein in the popular compounds during the 2025 session.
Despite growing concern over unregulated hemp-derived intoxicants like delta-8 THC, the Florida House and Senate ended the legislative session without agreeing on a unified framework to control the state’s booming market for high-potency hemp products. The 60-day session concluded Friday, April 26, with no resolution in sight.
Competing bills stall
House and Senate leaders clashed over competing bills that sought to bring structure to the loosely regulated hemp sector, where consumable products often rival or exceed the potency of legal medical marijuana.
Rep. Michelle Salzman, a Pensacola Republican who led the House workgroup on hemp, introduced two measures: HB 7027 focused on product policy, and HB 7029 addressed taxation. The Senate, meanwhile, advanced a single bill, SB 438, sponsored by Sen. Colleen Burton, R-Lakeland.
Differences between the bills proved too deep to reconcile before the legislative deadline. The Senate’s version included a ban on synthetic hemp compounds, restrictions on outside advertising, and tighter caps on THC content. The House proposals, while focused on consumer safety, took a softer stance on those key provisions.
“While the House made significant progress… we were ultimately unable to align with the Senate version,” Salzman said. “We look forward to continuing this work in future Sessions.”
Targeting child safety
Some reforms did take effect independently of legislative action. New Florida Department of Agriculture rules now require child-resistant packaging for consumable hemp products and mandate QR-code labeling that links to lab results and product information.
The rules are aimed squarely at keeping intoxicating hemp out of the hands of minors and curbing cartoonish or candy-style packaging that critics say targets children.
The regulations also limit marketing strategies seen as appealing to youth, reflecting a growing push among lawmakers and regulators to draw clearer lines between adult-use cannabis products and child-safe consumer goods.
Political divide deepens
Florida’s fractured approach to cannabis policy reflects deeper political tensions. After vetoing hemp regulations last year, Gov. Ron DeSantis gained support from intoxicating hemp producers in his successful campaign to defeat Amendment 3, a 2024 referendum to legalize recreational marijuana.
With that initiative dead, Florida’s cannabis market remains split in two: heavily regulated medical marijuana available by prescription, and hemp-derived intoxicants sold freely in gas stations, smoke shops and online — often with no age restrictions.
Sen. Tracie Davis, D-Duval County, introduced a separate bill, SB 1030, that would have banned delta-8 THC, limited delta-9 content to 2 milligrams per serving, and prohibited sales near schools. That measure also failed to gain traction.
National action looms
While Florida struggles to act, federal regulators could soon force the state’s hand. The U.S. Food and Drug Administration is reviewing hemp-derived cannabinoids, while the Drug Enforcement Administration may reclassify synthetic THC variants like delta-8 as Schedule I drugs.
Meanwhile, potential revisions to the 2018 Farm Bill — currently under debate in Congress — could close loopholes that allow for synthetic intoxicants under the hemp definition. If passed, those changes could dramatically curtail the availability of such products across state lines, including in Florida.
The Florida Legislature’s next regular session begins in March 2026.