Florida Senate Unanimously Approves SB 438: Major Crackdown on Delta-8, Delta-10 & Hemp-Derived THC Beverages

The Florida Senate has taken a decisive step toward tightening regulation of hemp-derived intoxicants. On April 10, 2025, the Senate unanimously approved Senate Bill 438 (SB 438)—legislation that would ban products containing Delta‑8 THC and Delta‑10 THC, while imposing new limits and distribution controls on hemp-derived THC beverages. READ MORE: MJBizDaily

This move follows a prior attempt in 2024 (which was vetoed by Governor Ron DeSantis) to curb the growth of hemp-THC products. SB 438 resurrects many of those provisions, adds further restrictions, and signals a renewed legislative push. READ MORE: The Marijuana Herald

What SB 438 Would Do

Ban Delta-8, Delta-10 & Similar Cannabinoids

SB 438 amends Florida Statutes to define “hemp extract” in a way that explicitly excludes Delta-8, Delta-10, hexahydrocannabinol (HHC), THC-O and other semi-synthetic cannabinoids. (The Florida Senate) This places those compounds outside the legal “hemp” category, effectively banning them under the state’s hemp-regulation statutes.

Caps on THC in Hemp-Derived Beverages

Key limitations proposed:

  • A THC-infused beverage (i.e., a drink containing hemp extract) may contain no more than 5 mg of total Delta-9 THC per sealed container.
  • The state statute also caps “hemp extract” intended for consumption at 5 mg per serving and 50 mg per container (whichever is less) for Delta-9 THC.

Distribution & Retail Restrictions

  • THC-infused beverages would only be distributed by alcohol-licensed distributors and sold by retailers with liquor licenses—excluding convenience stores, online shops and general hemp retailers. WEBSITE: WUSF
  • Hemp stores would face zoning buffers (500 ft) from gas stations, day-care centers, schools and other retailers; advertising bans for child-appealing imagery; and stricter testing/recall requirements.

Testing & Compliance

SB 438 mandates that hemp or hemp extract intended for human consumption be tested in a certified marijuana laboratory, imposes recall obligations for failed batches, and upgrades packaging/labelling standards for child resistance and transparency.

Why It Matters

A Blow to Florida’s Hemp-Derived THC Market

Florida’s hemp-derived THC market has ballooned since the 2018 federal Farm Bill created the hemp-legality pathway. Products like Delta-8/Delta-10 and THC-infused seltzers became widely available in gas-stations, online and specialty shops. SB 438 aims directly at that growth zone.

Industry insiders warn that banning or severely limiting beverage formats and excluding most retail channels may significantly shrink or reshape the market. READ MORE: Florida Cannabis Information Portal

Precursor to Broader Regulatory Reform

SB 438 reflects Florida’s shift from light oversight to stringent regulation of intoxicating hemp products. The incorporation of alcohol-distribution frameworks, micromanaged potency caps and product bans suggests the state may treat hemp-THC more like adult-use cannabis rather than a lightly regulated supplement.

Impacts for Consumers, Retailers & Regulators

  • Consumers: Could face fewer options for hemp-derived intoxicants; THC beverage formats may become limited or priced higher if moved into alcohol retail channels.
  • Retailers / Manufacturers: Must evaluate reformulation (to hit 5 mg THC/serving), packaging compliance, licensing changes (if beverage segment shifts into liquor stores) and possible store closures due to zoning buffers.
  • Regulators: Will need to build enforcement mechanisms—such as new lab accreditation, recall procedures, and distributor oversight. The bill allocates ~$2 million for testing equipment.

Timing & Next Steps

  • March 18 2025: Media reports indicate SB 438 advancing through committees.
  • April 10 2025: The Senate approves SB 438 unanimously. The bill must now pass the Florida House.
  • If passed by the House and signed by the Governor, Florida will likely enforce these provisions ahead of or alongside emerging federal standards (which aim to cap hemp-derived THC beverages at 0.4 mg per container by November 2026).

What Comes Next

Will the House Follow?

While the Senate unanimously approved SB 438, its fate in the House remains less certain. Hemp-industry lobbyists have warned of unintended consequences and urged a more measured approach. If the bill stalls, the Senate mandate may still influence future legislative drafts or regulatory actions.

Reformulation & Business Strategy

Manufacturers will need to reformulate beverages and other hemp-THC products to comply with the 5 mg/serving and 50 mg/container limits—or pivot entirely to non-intoxicating formats (e.g., CBD only). Retail strategies may shift toward liquor-licensed outlets or consolidated distribution models.

Enforcement & Product Availability

If passed, we may see a wave of recalls, license no-sales for non-compliant vendors, and tighter oversight. Products currently sold in convenience stores or online may vanish or migrate into adult-use cannabis-style retail stores (if the state aligns those categories later).

State vs. Federal Convergence

Florida’s move mirrors federal efforts to close the 2018 Farm Bill “loophole” around hemp-derived intoxicants. Federal standards (0.4 mg THC per container) may eventually override state regimes—but Florida is acting proactively. READ MORE: Reuters

A Significant Shift

SB 438 represents one of the most aggressive crackdowns on hemp-derived THC products in the country. With unanimous Senate passage, Florida is signaling a significant shift: products once easily available in gas stations and online may soon migrate into tightly regulated retail channels, with strict potency caps, lab mandates and distribution controls.

For the hemp-derived THC industry in Florida, the message is clear: “Change your formulation. Change your business model. Or exit the market.” For consumers, the options are shrinking and likely moving closer to the regulated adult-use cannabis system rather than the existing loosely-regulated hemp retail market.

State leaders and regulatory agencies will now watch House developments, testing infrastructure roll-out and product compliance. If SB 438 becomes law, its impact—on manufacturers, retailers and consumers—could reshape Florida’s hemp and cannabis landscape for years to come.