Florida Agriculture Commissioner Wilton Simpson
A Florida appeals court has rejected a hemp-product retailer’s bid to overturn rules established by the state’s agriculture commissioner that limit the concentration of the total psychoactive compounds in hemp products.
In a unanimous opinion, the Fifth District Court of Appeal affirmed a 2024 opinion by the state Division of Administrative Hearings that concluded the Department of Agriculture and Consumer Services’ hemp rules were in line with the department’s rulemaking authority. The court, however, did not explain the reasons behind its affirmation.
The decision went against retailer Chronic Guru’s contention that the department exceeded its authority by limiting the total tetrahydrocannabinol (THC) concentration in hemp products to 0.3%. Chronic Guru argued that the Florida statute dealing with the sale of hemp products applied only to what’s called “delta-9 THC” rather than “total THC,” the latter covering the potential conversion of delta-9 THC from THC acid.
But the 2024 Division of Administrative Hearings opinion found the department’s rules were neither arbitrary nor capricious and that the rules are in line with the intent of state lawmakers when they approved restrictions on the sale of hemp products.
Although neither Chronic Guru nor its attorney responded to requests for comment, Agriculture Commissioner Wilton Simpson praised the appeals court’s ruling and said it would help to keep high-potency intoxicating hemp products from being sold in Florida.
“This decision resoundingly affirms our authority and continued efforts to enforce Florida’s hemp regulations that protect consumers and children,” Simpson said in a statement. “It also shuts down a devious attempt to, effectively, legalize recreational marijuana in Florida.”
He added that after assuming the commissioner’s position in 2023, he worked with the Legislature to put some guardrails on the hemp industry, which Simpson viewed as out of control.
“Prior to these much-needed reforms, hemp products were being sold without restrictions, including to children and with marketing and packaging specifically targeting them,” he said, adding that the state’s rule defining excessive THC content mirrors the federal government’s definition of total THC.
Hemp industry officials have argued that applying the 0.3% concentration standard to total THC, as opposed to only delta-9 THC, will lead to most ingestible hemp products being removed from the marketplace.
The department’s inspections at Chronic Guru stores in Deland and Sanford resulted in more than 100 product types being found to be in violation of the state hemp rules, according to the Division of Administrative Hearings opinion.
The department reported that since July 1, 2023, it has removed more than 1.5 million hemp products from shelves for violating the state’s child-protection standards as defined in Senate Bill 1676.
“SB 1676 added age requirements for the purchase of hemp products intended for human consumption, protected Florida’s minors by prohibiting marketing that targets children, protects consumers by mandating that products sold in Florida be packaged in a safe container and holds hemp products that are ingested to the same health and safety standards as other food products,” the department reported.
Simpson said he was grateful that the appeals court decision would allow the department to continue enforcing the hemp rules.
“Our resolve to protect communities from the dangers of intoxicating products cannot be bought, bent or broken,” he said.
