Florida

Florida is a Farm Bill-aligned state with the largest hemp retail footprint in the Southeast. The operative framework, codified in Fla. Stat. §581.217 and originating with SB 1020 (2019), incorporates the federal delta-9 test at 0.3% by dry weight. SB 1676 (2023) added a 21+ age gate for hemp extract products intended for human consumption — passed unanimously in both chambers and signed by Governor DeSantis. Since then, the state legislature has twice attempted to tighten restrictions. SB 1698 (2024) would have banned intoxicating cannabinoids (delta-8, delta-10, HHC, THC-O, THCP, THCV) and imposed a total-THC test; DeSantis vetoed it on June 7, 2024, calling the bill ‘debilitating’ for small businesses. SB 438 (2025) took a different approach — 5mg/serving, 50mg/container caps, hemp beverages routed through alcohol wholesalers and sold only at alcohol-licensed venues. It passed the Senate unanimously (18-0 in Fiscal Policy) but died on Second Reading in the House on June 16, 2025. As of July 2026, SB 1676’s Farm Bill-aligned framework remains operative. The federal Section 781 cliff on November 12, 2026 poses the single largest threat to this market — the 0.4mg/container federal cap would eliminate essentially every intoxicating hemp beverage currently sold. Industry groups anticipate the Florida legislature will revisit hemp regulation in the 2027 session regardless of federal outcome.