SB 438 Florida Senate · 2025 Regular Session

Food and Hemp Products

Summary
Food and Hemp Products; Providing that a marijuana testing laboratory may acquire hemp and hemp extract only from certain businesses; revising requirements for the sale and distribution of hemp extract; prohibiting businesses or food establishments from possessing hemp or hemp extract products that are attractive to children; prohibiting a business permitted to sell hemp or hemp extract from being located in certain areas; providing a penalty for hemp extract possessed, manufactured, delivered, held, offered for sale, distributed, or sold by certain entities in violation of specified provisions, etc. APPROPRIATION: $2,000,000
Bill status died 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Governor
Introduced Mar 10, 2025 Last action Jun 16, 2025
Maddy AI version diff · 1 comparison

What changed between versions

S 438 Filed S 438 c1 · 8 edits
MODERATE
This bill updates Florida's hemp and hemp extract regulations by clarifying testing requirements, adding stricter packaging and labeling rules, and establishing new restrictions on where businesses can sell these products. It also introduces specific provisions for THC-infused beverages and increases penalties for violations.
Scope change
The bill expands regulatory oversight to include stricter controls on hemp extract distribution, testing, and retail sales, with new requirements for child-resistant packaging and location restrictions near schools.
REQUIREMENT

Changed testing requirements from requiring hemp extract to be tested before sale to requiring each final batch to be tested by a certified marijuana testing laboratory with verification by two laboratory employees.

Added new labeling requirements including scannable barcodes linked to certificates of analysis, expiration dates, cannabinoid milligram counts per serving, and poison help line numbers.

Added location restrictions prohibiting businesses selling hemp extract from being located within 500 feet of schools, day care facilities, or motor fuel retail outlets.

Added requirements for event organizers to provide vendor lists to the department and verify vendors are selling from approved sources and properly permitted.

DEFINITION

Added new definitions for 'attractive to children,' 'independent testing laboratory,' and 'THC-infused beverage' with specific criteria for each.

ENFORCEMENT

Modified penalty provisions to include specific misdemeanor classifications for selling hemp extract products to persons under 21 and administrative fines for event organizers who violate regulations.

FISCAL

Added $2 million appropriation for the Department of Law Enforcement to purchase testing equipment necessary to implement the act.

TIMELINE

Changed effective date from unspecified to October 1, 2025.

Floor votes · Senate Apr 9, 2025

How they voted

370
Passed · 1 other
Total votes 38
Apr 9, 2025
D Democratic10
10 Yea
100% Yea
I Independent1
1 Yea
100% Yea
R Republican27
26 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
5
Committee
6
Apr 22, 2025
Committee
Bill referred to House Calendar
lower
Apr 9, 2025
Upper · Passed
CS passed; YEAS 37 NAYS 0
upper
Mar 27, 2025
Upper · Passed
Favorable by- Fiscal Policy; YEAS 18 NAYS 0
upper
Mar 24, 2025
Upper · Passed
On Committee agenda-- Fiscal Policy, 03/27/25, 1:00 pm, 412 Knott Building
upper
Mar 18, 2025
Upper · Passed
Pending reference review under Rule 4.7(2) - (Committee Substitute)
upper
Mar 12, 2025
Upper · Passed
On Committee agenda-- Agriculture, 03/17/25, 4:00 pm, 301 Senate Building
upper
Mar 10, 2025
Introduced
Introduced
upper
Mar 7, 2025
Committee
Referred to Agriculture; Fiscal Policy
upper
1 primary · 1 co-sponsor

Sponsors