Florida’s Cannabis and Hemp Landscape: Key Regulatory Changes to Watch

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Florida’s cannabis and hemp industries are undergoing significant regulatory shifts. From proposed legislation targeting hemp products to new rules affecting packaging and labeling, here’s what you need to know about the latest developments in the Sunshine State.

1. Legislative efforts to regulate hemp products

Senate Bill 1030 proposes tighter restrictions on hemp-derived products, including a ban on Delta-8 THC and smokable hemp extracts in Florida. Filed by Democratic Sen. Tracie Davis, the bill faces an uphill battle in the Republican-controlled Senate, requiring bipartisan support to advance. House Bill 601, filed by Republican Rep. Hilary Cassel, also seeks to regulate hemp extract products. While both bills share similar goals, key differences in their provisions may influence their legislative paths.

2. New hemp extract rule takes effect

Effective March 12, 2025, Florida’s updated Hemp Extract Rule (Florida Administrative Rule 5K-4.034) introduces stricter packaging and marketing regulations. Among other changes, the new rule prohibits:

• Marketing that appeals to children, including certain wording and imagery (as defined by Florida law).
• References to street or slang terms for marijuana, hemp, or their intoxicating effects.
• Branding that mimics illicit substances or drug paraphernalia.

These changes reflect the state’s efforts to regulate hemp products more strictly while maintaining consumer safety standards.

3. New recreational marijuana legalization initiative

A new initiative, sponsored by Smart & Safe Florida, aims to legalize recreational marijuana for adults 21 and older, allowing possession, purchase, and use for non-medical purposes.

Notably, while existing Medical Marijuana Treatment Centers (MMTCs) would be permitted to sell recreational marijuana, the proposal also allows new industry participants who would not be required to follow the same vertical integration model as MMTCs.

This new effort follows a similar initiative placed before voters in 2024, Amendment 3, which fell short of the 60% threshold it needed to pass.

4. SB 546: Home cultivation for medical marijuana patients

Senate Bill 546 proposes allowing registered medical marijuana patients in Florida to cultivate cannabis at home. The bill restricts cultivation to a maximum of two plants per residence, regardless of the number of eligible patients living there.

Qualified patients would need a certificate from the Florida Department of Agriculture and Consumer Services (FDACS) to legally grow cannabis at home.

Looking ahead

As Florida navigates these regulatory changes, both businesses and consumers must stay informed about their potential impacts. From tighter hemp regulations to the push for recreational cannabis legalization, these evolving laws reflect the growing complexity of cannabis policy in the state.

Stay tuned for further updates as these legislative efforts progress.

Fred Rocafort

Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s.

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