Florida’s medical marijuana registry continues to grow, adding roughly 14,000 patients in early 2025. That trend could continue as lawmakers target a key competitor for the industry, proposing tough new hemp rules that could reshape the state’s cannabis scene.
Patient numbers rose steadily from 895,000 in January to 909,000 by April, according to the Florida Office of Medical Marijuana Use. Meanwhile, Florida senators unanimously backed legislation to restrict hemp-derived THC products, resembling a bill Gov. Ron DeSantis vetoed last year after hemp industry pressure, with some caveats.
“We have retailers in the state of Florida that are selling products that are intoxicating,” the Florida Phoenix reported Republican Sen. Colleen Burton, the bill’s sponsor, as saying. “They are selling products that are putting adults and children in the hospital. And, sadly, they are selling products that are causing the deaths of Floridians.”
Senate Bill 438 would ban Delta-8 products outright and limit Delta-9 hemp items to 5 milligrams per serving, according to the legislative text. THC-infused beverages would face the same cap and would only be allowed to be sold by businesses with liquor licenses, similar to legislation creeping its way through statehouses across the country.
Recent testing of products from smoke shops across Florida found concerning potency issues: 50 of 53 hemp flower samples exceeded the federal 0.3% THC limit, making them essentially unregulated marijuana products, according to testimony during legislative hearings.
“These are very intoxicating products,” Republican Sen. Gayle Harrell, who represent southeast Florida, said. “They’re addicting products at the end of the day. And people need to know that. … We need to make sure that people know what they’re buying. And we have seen so many fly-by-night places selling hemp – ‘safe hemp’ – and the THC levels are higher than the medical marijuana that you can get in a dispensary.”
In some ways, hemp products have become a legitimate competitive threat for established cannabis companies. According to Viridian Capital Advisors, “It’s not exactly a closely held secret that hemp intoxicants, along with illicit THC vendors, have hit the THC industry right where it hurts.”
Viridian’s report noted that analysts project “flat revenues for the top 12 MSOs for 2025″ while the hemp industry continues to grow due to price and convenience advantages. Consumers often “don’t care about seed-to-sale tracking and a (certificate of analysis) on every bottle. They will gladly trade that for the ability to purchase at their gas station or, better yet, online through the mail, especially if it costs less,” the Viridian report stated.
That shift has pushed even major players like Curaleaf to hedge their bets. The international cannabis giant will open a hemp dispensary in Florida that will offer both its own Select brand and third-party hemp-derived THC beverages and edibles.
“The move makes complete sense, going along with Curaleaf’s 2024 launch of the Hemp Company,” the Viridian analysis noted.
But the political animosity around hemp regulation in the state remain complex. After DeSantis vetoed similar restrictions last year, a slew of hemp business owners donated to DeSantis’ efforts to defeat Amendment 3, which would have legalized recreational cannabis for adults aged 21 and above.
Jacksonville Democratic Sen. Tracie Davis, who co-sponsored the bill, acknowledged during floor debate that the legislation wasn’t much different from last year’s vetoed version.
If passed by the House and signed into law, the Department of Agriculture would handle enforcement with $2 million allocated to law enforcement for testing equipment.
The bill also poses deeper questions about cannabis regulation frameworks. As Viridian framed it: “If cannabis is medicine, then perhaps it really should be heavily regulated by the FDA and heavily tested as well. But if cannabis is more analogous to wine or spirits, only less dangerous, then a whole other set of policy structures is appropriate.”
The report points out: “You can easily walk into a liquor store and purchase enough Jack Daniels to kill five people, but nobody will question your right to make that purchase. Why potency or quantity limits for cannabis, which most people agree is less dangerous?”
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