Photo Courtesy: Justine Lloyd
The Florida Senate is moving forward with new legislation for restrictions on THC products with Senate Bill 438, which seeks to regulate packaging, advertising, sales locations and product testing standards to improve consumer safety.
The bill was introduced by Sen. Colleen Burton, R-Lakeland, as her third attempt to add regulations within the marijuana industry in Florida since 2023. After her 2024 bill was vetoed by Gov. Ron DeSantis, Burton has doubled down on her stance with a new bill that features more restrictions.
“This bill to me takes an appropriate stance, if you will, on the regulation of products that are sold in Florida,” Burton, told the Florida Phoenix. “It still allows hemp-infused products to be sold, but it regulates them.”
Under SB 438, hemp and hemp extract products must adhere to strict packaging rules. No longer can containers that hold hemp products include images of cartoons, animals, toys, or other graphics that could appeal to children. Additionally, packaging cannot look like existing snack products in order to prevent confusion and accidental ingestion.
SB 438 also sets new limits on the amount of THC in certain products, capping it at 5 milligrams. Additionally, synthetic cannabinoids and several alternative THC variants such as delta-8-THC and delta-10-THC are explicitly prohibited.
Restrictions for THC-infused beverages are also mentioned under the bill. According to the bill text, “a hemp extract product that is in the form of a beverage and contains tetrahydrocannabinol may only be sold by a person who holds a license issued by the division to sell alcoholic beverages.”
The bill is pushing for the distribution of THC beverages to be under the authority of licensed alcohol wholesalers saying that “any hemp extract product that is in the form of a beverage and contains tetrahydrocannabinol must be distributed by an alcoholic beverage wholesale distributor licensed under chapter 561.” These changes aim to treat THC beverages in a manner similar to alcohol, with a focus on responsible distribution and sales.
The proposed bill has sparked discussions among supporters, hemp industry advocates and consumers. Supporters of the legislation argue that the new regulations would prevent underage consumption and improve product safety. However, critics claim that the restrictions could be harmful for small businesses and limit consumer access.
Ashley Guy, the owner of Tallulah, a local CBD, mushroom and THC store, pushed back strongly against the bill. “Extremely low per serving limits truly only serve alcohol distributors and retailers as they attempt to shore up their bottom lines,” Guy said. “5 mg per serving may be suitable for someone experimenting, but even after just a few days they will require 10–20–30 mg per serving to attain the desired effects. I have customers who take 100s of milligrams a day frequently and are able to function normally.”
Guy believes that Florida will not see the desired effects of the bill if they treat cannabis like alcohol. “This experiment has been tried in other states and it does not work. It simply forces the consumer to make an economic decision and they will often choose to go to the black market to find cheaper products with higher doses per dollar.”
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