Update on Florida Hemp Legislation
For the second year, the Florida Legislature has not been able to pass legislation pertaining to the further regulation of hemp-derived cannabinoid products.
Last spring both chambers introduced legislation concerning hemp regulation. The House even held three days of workshops to consider the regulation of hemp. The Senate bill (SB 438) was sponsored by Polk County Republican Colleen Burton, and the House version (HB 7027) was sponsored by Panhandle Republican Michelle Salzman. The two measures would have capped the potency of hemp-derived THC products, placed advertising restrictions and required hemp to be tested by a certified medical cannabis professional.
However, there were some significant differences between SB 438 and HB 7027. The Senate bill called for the outright ban of synthetic cannabinoids such as delta-8 THC and mandated that hemp-infused drinks could only be sold through a retailer holding a liquor license. Salzman's bill in the House did not ban delta-8 THC nor required retailers to have a liquor license to sell hemp-infused beverages. The House bill also included a 15% excise tax on all hemp purchases.
Despite hemp legislation not passing in Florida in 2025, we believe the Florida Legislature will again attempt to address these issues through legislation during the upcoming session. Committee weeks start in October for the 2026 Session.
Update on Texas Hemp Regulation
Earlier this summer, Lt. Governor Dan Patrick attempted to push through SB 3, which would have banned the sale of consumable hemp-derived cannabinoid products containing any detectable amount of THC, including delta-8 and delta-10, but would have permitted the sale of "non-intoxicating" CBD and CBG products. SB 3 was subsequently vetoed by Governor Greg Abbott.
After vetoing SB3, Governor Abbott subsequently called a Special Session of the Texas Legislature on July 21, 2025, to consider congressional redistricting and reconsider the regulation of hemp-derived cannabinoid products while preserving hemp as a lawful agricultural commodity. The first Special Session was adjourned on August 12, and Governor Abbott indicated he would call another Special Session in the coming days.
The Texas Legislature has been instructed to adopt a new regulatory framework for hemp, which is focused on product potency, restricting synthetically modified compounds, and establishing efficient enforcement mechanisms. Regulatory and enforcement efforts would be funded with hemp product excise taxes.
Governor Abbott recommended the new regulatory framework include provisions such as prohibiting the marketing of hemp products to children, allowing the sale of THC products only to people 21 years or older, and child-resistant packaging for all hemp products. The new framework would also mandate hemp product testing, labeling, and potency limits. Likewise, Texas retailers would be required to apply for permits to sell hemp products, and the hours of sales for such products would be restricted. Further, local governments would have the authority to limit or prohibit sales of hemp products.
The Texas Senate passed Senate Bill 5 on August 1, 2025, prohibiting hemp-derived products containing any "detectable amount of any cannabinoid" other than CBD and CBG. Additional legislation has also been introduced in the House, including a companion bill to Senate Bill 5.
The Democrats returned to Austin on August 18th. The Texas legislature is slated to consider a future regulatory framework for hemp products. We will keep you posted as the situation develops.
Buchanan's experienced and dedicated Cannabis Practice Group and Government Relations & Public Policy Group will continue to be actively involved with legislators as they grapple with the changing landscape of cannabis regulations at both the state and federal levels.
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