Commissioner Wilton Simpson praises Fifth DCA ruling that blocks back-door attempt to legalize recreational marijuana in Florida

Tallahassee, Florida – Florida Commissioner of Agriculture Wilton Simpson issued a strong statement following a recent ruling by the Fifth District Court of Appeals that upheld the Florida Department of Agriculture and Consumer Services’ (FDACS) enforcement of limits on tetrahydrocannabinol (THC) in hemp products. The court’s decision effectively blocked what Simpson called a “back-door attempt to legalize recreational marijuana” in the state, reaffirming the department’s authority to regulate hemp and protect public health.

“This decision resoundingly affirms our authority and continued efforts to enforce Florida’s hemp regulations that protect consumers and children. It also shuts down a devious attempt to, effectively, legalize recreational marijuana in Florida,” Simpson said.

The ruling comes after years of growing concerns over unregulated hemp products being sold in Florida. When Simpson took office in 2023, he immediately began working with the Florida Legislature to create “clear and commonsense guardrails” for hemp products. At the time, he said, the industry was largely unregulated, with products being sold to children and packaged in ways that specifically targeted younger consumers.

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“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. 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 said.

The legal challenge that prompted the Fifth DCA decision began when Chronic Guru contested FDACS’ Administrative Rule 5K-4.034, which defines the maximum delta-9 THC concentration allowed in hemp and hemp extract products for human consumption. This rule is designed to mirror the federal definition of total THC. On April 17, 2024, the Florida Division of Administrative Hearings dismissed Chronic Guru’s challenge, and the Fifth District Court of Appeals affirmed that dismissal, upholding the department’s authority to enforce these limits.

Simpson emphasized that the decision reflects the department’s commitment to protecting communities from potentially intoxicating products. “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,” he said.

Since July 1, 2023, the Florida Department of Agriculture and Consumer Services has removed more than 1.5 million packages of hemp products that violated child-protection standards. These enforcement actions have included removing items with packaging and marketing aimed at minors, as well as products exceeding the legal THC concentration limits.

The ruling also reflects legislative changes that Simpson helped shepherd in 2023. Senate Bill 1676 introduced several protections for Florida residents, including age requirements for purchasing hemp products intended for human consumption, restrictions on marketing targeted at children, and packaging requirements to ensure safety. The law also holds hemp products to the same health and safety standards as other food products sold in the state.

“During the 2023 legislative session, Commissioner Wilton Simpson worked with the Florida Legislature to reform Florida’s food laws to better protect consumers and children from hemp products. 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 statement noted.

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The court decision is being hailed as a victory for public safety and regulatory clarity in Florida. Officials say it reinforces the state’s ability to oversee hemp products while preventing the circumvention of laws meant to control recreational marijuana.

For more information on Commissioner Simpson and the Florida Department of Agriculture and Consumer Services, residents can visit FDACS.gov. The department continues to enforce hemp regulations while promoting consumer safety and ensuring that children are not exposed to potentially harmful products.

This ruling and the accompanying enforcement measures mark a significant step in Florida’s approach to hemp regulation, emphasizing both public safety and legislative intent. With strong leadership from the Commissioner’s office, the state aims to maintain strict oversight and accountability within the hemp industry while protecting its residents, particularly minors, from inappropriate or unsafe products.