Florida Appeals Court Upholds State’s THC Limits on Hemp Products
- Florida’s Fifth District Court of Appeals upheld the state’s authority to enforce limits on total THC concentration in hemp products, supporting the Florida Department of Agriculture and Consumer Services.
- The court affirmed Administrative Rule 5K-4.034, which aligns with the federal definition of total THC and regulates THC levels in hemp products intended for human consumption.
- The ruling dismissed a challenge by Chronic Guru, maintaining Florida’s regulatory framework that prevents higher-potency intoxicating hemp products from being sold under current law.
- Commissioner Wilton Simpson praised the decision, emphasizing ongoing efforts to bring accountability and protect communities from unregulated, intoxicating hemp products, particularly those marketed to children.
Florida’s Fifth District Court of Appeals has affirmed the state’s authority to enforce limits on total THC concentration in hemp products, siding with the Florida Department of Agriculture and Consumer Services in a case that could have significantly altered how intoxicating hemp products are regulated. The ruling upholds Administrative Rule 5K-4.034, which defines total delta-9 tetrahydrocannabinol (THC) concentration for hemp and hemp extract products intended for human consumption. The rule mirrors the federal definition of total THC and has served as a key enforcement mechanism for state regulators.
The case originated from a challenge brought by Chronic Guru, which sought to invalidate the rule. On April 17, 2024, the Florida Division of Administrative Hearings dismissed that challenge. The Fifth District Court of Appeals has now affirmed that dismissal, effectively maintaining the state’s current regulatory framework for hemp-derived products.
By upholding the rule, the court preserved Florida’s ability to regulate hemp products based on total THC concentration, a standard that includes both delta-9 THC and its potential conversion from THCA. The decision prevents a shift that critics argued could have opened the door to higher-potency intoxicating hemp products being sold under existing law.
The ruling comes amid broader efforts by Florida lawmakers to tighten oversight of the hemp industry.
In a statement following the decision, Commissioner Wilton Simpson praised the ruling as a validation of the department’s authority.
“As soon as I came into office in 2023, we immediately began working with the Florida Legislature to create clear and commonsense guardrails for hemp products and to bring accountability to the hemp industry, which was completely out of control”, said Simpson in a press release. “Prior to these much-needed reforms, hemp products were being sold without restrictions, including to children and with marketing and packaging specifically targeting them.”
Simpson says “I’m grateful the Fifth DCA panel unanimously upheld these protections, the limitation on THC concentrations, and our ability to enforce it. Our resolve to protect communities from the dangers of intoxicating products cannot be bought, bent, or broken.”