Florida

SB 438, the highly restrictive Senate version, passed the Senate floor last week and has been sent to the House for negotiations.

HB 7027 was amended and heard in committee on Wednesday, incorporating several changes requested by the Roundtable, though additional modifications are still needed. Updates of particular note include the following:

• Beverage Dosing: This bill indicates beverages may contain no more than 5mg of THC per 6 fluid ounces, no more than 10mg of THC per container, and no more than 100mg per package.
• Inhalable Dosing: Inhalables cannot contain a ratio of more than 2.5 mg of THC per gram and more than 5mg per inhalable.
• Edibles Dosing: Edibles are limited to 2.5 mg THC per gram, and 5mg per serving and packages may not contain more than 100mg.
• Tinctures: The new version of the bill does not contemplate tinctures.
• Repealed 2029 dosage reductions  – this version deletes the section that included new, stricter milligram limits beginning on January 1, 2029.
• Online Sales and Delivery: Direct to Consumer (DTC) is permitted along the lines of the Roundtable’s policy proposal. This bill requires persons outside of Florida who engage in delivery sales to consumers in Florida to have a permit. Additionally, delivery services requirements now include proof that the person accepting the order for delivery is age 21 or older and resides at the address listed on the order label. This may be proven via a valid government-issued identification that includes the photograph of the person accepting delivery.
• Where consumable hemp THC products may be sold:
  • The earlier provision that banned sales at convenience stores was deleted.
  • Products may be sold at festivals, fairs, trade shows, farmers’ markets, exhibitions, or pop-up retail establishments that are at events for persons age 21 and older. The vendors must have a food permit from the Department of Business and Professional Regulation.
  • This bill prohibits consumption of the product on retailer premises and requires retailers to immediately notify the consumer to leave the retailer’s premises if found consuming the product.

Finally, this bill provides a “safe haven” for products for sale out of state, but requires the packaging to indicate that the product is “NOT FOR USE OR RETAIL SALE IN FLORIDA” and the product must be kept separately from products intended to be sold in the state.

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