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

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

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.

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Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild