Florida Lawmakers Push Forward with Sweeping Ban on Hemp-Derived Cannabinoids

Florida’s hemp industry could be facing a major shake-up. Less than a year after Governor Ron DeSantis nixed an earlier attempt to regulate it, lawmakers are back—this time with more urgency and bipartisan support. And they’re going after products that many Floridians casually pick up at gas stations, smoke shops, and online.

On March 27, the Senate Fiscal Policy Committee voted 18-0 in favor of Senate Bill 438. It’s a firm move aimed at outlawing synthetic cannabinoids like delta-8 THC, delta-10, HHC, and several others that have been flying under the radar.

What’s In This Bill? It’s a Long List.

Senate Bill 438 isn’t just about banning a few substances. It takes a broader swing at how hemp products are sold, advertised, and regulated across the state.

First off, the bill outlaws a whole slate of hemp-derived cannabinoids. Think:

• Delta-8 THC

• Delta-10 THC

• HHC

• THC-O

• THCP

• THCV

These are all lab-created versions of THC, the psychoactive ingredient in cannabis, tweaked just enough to slip through legal loopholes in the 2018 federal Farm Bill.

One sentence here to keep things light.

Sen. Colleen Burton, a Republican from Lakeland, is leading the charge. She made her case loud and clear: “Synthetic cannabinoids kill Floridians every year,” she said. “This isn’t harmless fun.”

Alongside the ban, the bill proposes tighter rules around testing, store zoning, and advertising. Basically, it’s a full-court press on what’s become a Wild West marketplace.

Where Stores Can (and Can’t) Be

One of the bill’s more attention-grabbing rules involves where hemp stores can operate. Under SB 438, these shops couldn’t open within 500 feet of schools, churches, or daycare centers.

That would push many small businesses out of prime retail zones. Some might have to close. Others may need to move.

There’s also a provision about how products are packaged. Kid-friendly branding like cartoon characters, bright colors, and candy-style packaging? Banned.

Lawmakers are clearly aiming to reduce youth exposure. And they’re not mincing words about it.

But store owners? They’re worried. This could mean major losses, layoffs, and legal headaches. One Miami retailer called it “a death sentence for local hemp businesses.”

Why This Is Happening Now

So why the renewed push, and why now?

Part of it comes down to public safety. Between 2022 and 2023, deaths linked to synthetic cannabinoids in Florida spiked by 50%, according to committee testimony. And those numbers only reflect what’s been officially reported.

Here’s a quick look at the rise in deaths year-over-year:

It’s not just anecdotal anymore. Lawmakers are seeing real-world consequences—and voters are, too.

Sen. Tracie Davis, a Democrat from Jacksonville and co-sponsor of the bill, said she’s heard from parents, doctors, and law enforcement who are fed up with unregulated sales. “It’s a public health issue,” she said. “Plain and simple.”

One sentence here again just to break it up.

And this time, both sides of the aisle agree. The bill passed its latest committee with a clean 18-0 vote.

What Does This Mean for Consumers?

If you’ve ever picked up a gummy or vape labeled delta-8, odds are this affects you.

Delta-8 and its cousins are technically legal under the federal Farm Bill—but that law wasn’t written with synthetic cannabinoids in mind. It only legalized hemp with less than 0.3% delta-9 THC by dry weight.

Manufacturers took that as an invitation to get creative. And they did.

Now, products with similar effects to marijuana are being sold all over Florida—without the same taxes, age restrictions, or safety standards as regulated cannabis. SB 438 would close that gap fast.

Consumers would see fewer products on shelves, especially in rural or conservative areas. Some might be forced to turn to the black market or cross state lines. Others may never notice.

The legislation’s backers say it’s a necessary sacrifice.

What Happens Next?

Senate Bill 438 is now heading to the full Senate floor. A debate is expected this week, and passage looks likely. The House has a similar bill in the works, so we could see unified legislation on the governor’s desk before summer.

What Gov. DeSantis does this time is the big question.

Last year, he vetoed a similar bill—citing concerns over how it would impact the state’s agriculture sector and small businesses. But with stronger data and bipartisan support this time around, political winds may be shifting.

Just one sentence here again.

Florida’s medical marijuana industry, meanwhile, is keeping a close eye on things. Some insiders believe this could be a way to clear the deck ahead of a potential adult-use legalization vote in November.

Nothing’s confirmed yet. But the timing is hard to ignore.