SB 438 Proposes Potency Caps, Distribution Rules for THC Beverages

1 April 2025

Florida lawmakers are moving forward with one of the strictest regulatory overhauls yet for hemp-derived cannabinoid products. The Senate Fiscal Policy Committee unanimously advanced Senate Bill 438, setting up a full Senate vote. Governor Ron DeSantis is expected to support the effort after vetoing a looser bill last year.

Sponsored by Sen. Colleen Burton (R-Lakeland) and co-sponsored by Sen. Tracie Davis (D-Jacksonville), SB 438 targets products like delta-8 THC, delta-10 THC, HHC, THC-O, and THC-P, which have flooded Florida’s markets since the 2018 federal Farm Bill legalized hemp. The bill would impose strict potency caps — 5 mg of THC per serving and 50 mg per package — require all hemp products to be tested in certified marijuana laboratories, and mandate clear, child-safe packaging.

THC-infused beverages would face special restrictions: they could only be distributed through licensed alcohol wholesalers and sold at establishments with liquor licenses, ensuring tighter control similar to alcohol sales.

Who Is Affected — and How:

• Consumers: Hemp-derived products would become harder to access, especially THC beverages. New potency limits could change how effective products are for some users, particularly those seeking stronger therapeutic effects.

• Small Businesses and Hemp Retailers: Many small businesses fear they’ll be priced out or shut down due to the added costs of compliance, lab testing, and limited retail options. The bill could consolidate the market toward larger, better-funded operators.

• Hemp Beverage Makers and Alcohol Retailers: Beverage companies would need to work with alcohol distributors and sell only through licensed bars, restaurants, and liquor stores — cutting out convenience stores and independent retailers.

• Youth Protection Advocates: Supporters say the bill is a public health necessity, citing data from the Florida Department of Law Enforcement showing a rise in synthetic cannabinoid-related deaths and youth exposures to THC products.

• The State Budget: A companion House bill introduces heavy taxes — a 60% excise tax on hemp products and additional container taxes for beverages — potentially bringing in new revenue but also raising retail prices.