Hemp extract and THC-infused beverage crackdown: Florida Legislature tries again – Tallahassee Democrat

Last year, the Florida Legislature passed a bill to regulate the sale and production of currently legal hemp products that induce euphoric feelings similar to marijuana, sometimes referred to as “diet weed.” Gov. Ron DeSantis vetoed the bill, saying the intention was “commendable” but that the bill would “impose debilitating regulatory burdens on small businesses” and fail to achieve its purpose.
Now the Legislature is trying again with new bills that do more or less the same thing as the last one, but also add regulations on the newest big trend, THC-infused beverages. THC, or tetrahydrocannabinol, is the primary psychoactive component in cannabis that gets users high. Drinks containing it have exploded in popularity at convenience stores, grocery stores and liquor stores.
Senate Bill 438 from Sen. Colleen Burton, R-Lakeland, would require THC-infused drinks to be distributed by alcohol wholesalers and sold only to retailers and establishments with liquor licenses. The bill also caps the amount of THC allowed in the drinks, which are often marketed as being healthier than booze. “Skip the hangover and vibe rite,” Delta Cannabis Water, which is operated by Delta Beverages LLC, says on its website.
Delta Beverages products include fruit-flavored carbonated beverages with 5, 10 or 20 mg of THC. The Senate proposal would cap THC at 5 mg. A companion House Bill (HB 1597) was introduced by Rep. Dana Trabulsy, R-Fort Pierce, and Rep. Kimberly Daniels, D-Jacksonville. Both bills would also add significant restrictions to packaging for consumable hemp products to make them more obvious and less appealing to children.
Two other bills, HB 301 and SB 1030, also seek to put restrictions on hemp extract products but SB 438 has already passed the Senate Agriculture and Fiscal Policy committees with unanimous support.
Marijuana and hemp are both types of cannabis sativa plants.
THC (delta-9-tetrahydrocannabinol) is the major psychoactive component in cannabis, the kind of weed that you buy in medical marijuana dispensaries. It works with receptors in the body to release neurotransmitters in your brain and provide a euphoric feeling, called a “high.”
CBD (cannabidiol), which has the same chemical formula as THC but lacks the euphoric effects, and delta 8 THC comes from hemp plants.
Delta-8and delta-9 products, nicknamed “diet weed” or “weed lite,” are, basically, a loophole.
The Agriculture Improvement Act of 2018 (also called the 2018 Farm Bill) defined hemp as cannabis plants with 0.3% or less of THC, while plants with more than that were classified as marijuana and a federally controlled illegal substance. Since they couldn’t get you high and had many uses in agriculture and textiles, hemp products were removed from the federal Controlled Substances Act.
Clever chemists found ways to extract naturally occurring THC from hemp anyway to create concentrated amounts of delta 8 and delta 9 THC products that produce euphoric effects but are still technically legal to create and sell under the Farm Bill. Legislators have been scrambling to cover that loophole and regulate the resulting explosion nationwide of brightly packaged THC gummies and other products.
The psychoactive effects of both delta-8 and delta-9 products are milder and don’t last as long as marijuana, but you can buy them at gas stations without a medical marijuana card. Delta-8 is extracted from CBD. Delta-9 can be consumed in its plant form, is generally more potent, and is more heavily regulated.
The FDA has warned against use of delta-8 THC.
“It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context,” the FDA said. “They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets.”
Under SB 438:
If the Florida Legislature approves it and DeSantis doesn’t veto it this time, it would take effect on Oct. 1, 2025.
Yes, with some restrictions.
The Florida Legislature legalized low-THC CBD oil for medical marijuana patients in 2014 for patients 12 and older with seizures, muscle spasms, cancer and terminal illnesses. In 2016, Florida voters approved Amendment 2 to dramatically expand the state’s medical marijuana program and add more categories of medical conditions that could be treated. In 2019, Florida updated the state’s CBD laws to come in line with the 2018 Farm Bill. Hemp and hemp extracts were now legal, so hemp-derived cannabinoids were no longer controlled substances.
Suddenly, CBD-based products (and products claiming to be CBD-based) exploded in shops and convenience stores all over Florida. The state cracked down on CBD products with colorful, mascot-covered packaging aimed at children, and as of July 2023, hemp extract products that included CBD products must contain no more than 0.5mg THC per serving or 2mg of total THC per package.
Only licensed cultivators can grow hemp and Florida Statute 581.217 has a long list of restrictions regarding laboratory testing and labeling that is required, and who is allowed to sell it. The FDA prohibits any sale of CBD products added to food or labeled as dietary supplements, and they cannot advertise medical benefits. More potent CBD products may be prescribed by a doctor and purchased through licensed medical marijuana dispensaries.

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