New Florida state legislation has been passed to better protect kids from chips, cereals, candies, and treats containing hemp-derived products that include tetrahydrocannabinol (THC) such as delta-8. These Hillsborough hemp product laws address snack packaging that looks nearly identical to those most popular with children, the lack of age requirements for purchase, and the marketing of these products.
Florida Senate Bill 1676 provides updated guidelines for the sale of hemp-derived food products, including:
- Setting an age requirement of 21 for purchase of snacks and vaping products
- Packaging and labeling requirements that ensure they are not attractive to children
- Advertising regulations that also discourage marketing or advertising to target children
Related: Chosen Florida Circle Ks to Become Weed Dispensaries
What is delta-8?
Delta-8 is short for delta-8-tetrahydrocannabinol. It is a naturally occurring compound found in the cannabis plant. It’s gaining popularity in the consumer market as an alternative to delta-9-tetrahydrocannabinol (delta-9-THC), the more well-known psychoactive component of cannabis. Delta-8 is distinct in that it offers a milder, more manageable high with reduced anxiety and paranoia, making it an attractive option for those seeking the benefits of THC without the intense effects.
How can delta-8 be sold in Florida?
The legality of delta-8 THC varies from state to state, and it can be a bit of a gray area in some regions. Delta-8 can be found in states where marijuana is illegal or strictly regulated for several reasons:
- Legal Technicalities: Some states have specific laws and regulations that may not explicitly address delta-8 THC. This legal loophole allows for the sale and distribution of delta-8 products in those areas.
- Federal Farm Bill: The 2018 U.S. Farm Bill legalized hemp-derived products, including delta-8 THC, as long as the delta-9 THC content remains below a certain threshold (0.3% by dry weight). This federal law provides a foundation for the production and sale of delta-8 products.
- Isomerization: Delta-8 can be produced from CBD (cannabidiol), a compound derived from industrial hemp. Through a chemical process called isomerization, CBD can be converted into delta-8 THC, which can then be used in various products.
- Lack of Regulation: In some areas, the regulatory framework for delta-8 products is not well-established or enforced, allowing them to be sold without strict oversight.
However, it’s crucial to note that the legal status of delta-8 THC can change, and regulations may evolve. Additionally, the quality and safety of delta-8 products can vary widely. It is essential to purchase from reputable sources and exercise caution when using such products.
THC products and children
According to the Florida Poison Information Center, nearly 1,000 children were exposed to high-potency hemp products in Florida last year. With many of these cases requiring medical care and/or hospitalization. A roundtable discussion was held at Tampa General Hospital (TGH) to discuss efforts to protect children from these products. During the discussion, it was noted that TGH has treated pediatric patients who have unintentionally ingested these products that were disguised as candy or other familiar snacks.
Side effects of THC ingestion may include hallucinations, vomiting, tremors, anxiety, dizziness, confusion, or loss of consciousness. If you believe that a child has ingested food containing hemp products, call 9-1-. Or go to your local emergency room. The Florida Poison Information Center provides help with poisoning emergencies and is available for questions 24 hours a day, 365 days a year at 1-800-222-1222.
Notice any suspicious packaging?
To report concerns about a retailer who sells snacks containing hemp-derived products, contact:
- Florida Department of Agriculture and Consumer Services
- Hillsborough County Code Enforcement, Regulatory Compliance
- – Report online or email RegComp@HCFLGov.net