Florida Department of Agriculture Takes “Historic” Action Against Hemp Companies for Products Appealing to Children

Florida’s Department of Agriculture and Consumer Services announced significant penalties against two hemp companies on Thursday for allegedly producing and selling hemp products that appeal to children. This unprecedented move follows legislation passed in 2023 that imposed age restrictions and banned products deemed attractive to minors.

Companies Penalized

High Roller Private Label, LLC and Just Brands, LLC faced severe sanctions. High Roller Private Label, LLC received a two-year ban on the manufacture, distribution, and sale of hemp gummies in Florida. Just Brands, LLC was handed a five-year ban on the sale of any food products, including hemp. The department highlighted these actions in an online post featuring over 400,000 candy-themed hemp products found during recent inspections.

Commissioner Simpson’s Statement

“One of my top responsibilities as Florida’s Commissioner of Agriculture is ensuring the safety of our food and protecting Florida’s consumers, especially our children. These historic enforcement actions mark a significant step in our ongoing efforts to protect kids over profits and rein in the hemp industry in Florida,” stated Agriculture Commissioner Wilton Simpson. “…While I believe Florida’s laws need to be strengthened, make no mistake, we will use every inch of our current authority to protect Florida’s children.”

Legislative Context

Simpson had pushed for more stringent hemp regulations this year, including a bill that aimed to ban products containing delta-8 and limit those with delta-9 THC. These compounds can produce psychoactive effects in large amounts and are prevalent in many hemp products. However, Governor Ron DeSantis vetoed the bill, arguing in his formal veto letter that the proposed legislation would place “debilitating regulatory burdens on small businesses and almost certainly fail to achieve its purposes.”

Despite the veto, there is potential for lawmakers to revisit the issue next year. Hemp companies have cautioned that severe restrictions could significantly impact Florida’s burgeoning hemp industry, estimated to be worth $10 billion.

Industry Reaction

As of late Thursday, neither High Roller Private Label, LLC nor Just Brands, LLC had responded to requests for comment on the enforcement actions.

Future Outlook

The ongoing debate over hemp regulation in Florida underscores the balancing act between protecting consumers, particularly minors, and supporting a thriving industry. The actions taken by the Department of Agriculture and Consumer Services highlight the state’s commitment to safeguarding public health while navigating the complexities of an evolving market.

Lawmakers, industry stakeholders, and regulators will continue to grapple with finding the right approach to hemp product oversight, aiming to ensure both safety and economic viability. The penalties imposed on High Roller Private Label, LLC and Just Brands, LLC may set a precedent for future enforcement actions, reflecting Florida’s stringent stance on protecting children from potentially harmful products.