On Saturday, St. Petersburg retailer Herban Flow hosted its third High and Dry Festival, which featured dozens of brands showcasing THC-infused drinks, plus adaptogens, nootropics, and alcohol-free libations.
Herban Flow owner Michael Smith says that about 80% of sales from his two stores come from hemp-derived THC products, which is why he's anxious about an impending federal ban on virtually all intoxicating and non-intoxicating hemp and CBD products, effective Nov. 12.
"It's amazing how many people still don't know about it," Smith said. "So many people are now just discovering it and they don't believe me when I tell them in three months that all of this is going away."
That possibility began to emerge last November, when Congress passed a spending bill which included a change to the federal definition of legal hemp to a "total THC standard" rather than Delta-9 THC only. Final-form hemp-derived products would be capped at 0.4 mg total THC per container. Translated, that would render approximately 95% of existing hemp-derived products federally illegal, according to the U.S. Hemp Roundtable.
Florida hemp entrepreneurs say the pending ban is already harming their commerce.
"Farmers are not putting plants in this season because if they harvest them in September or October, and then they find that the product becomes illegal in November, that's a problem," said Jammie Treadwell, CEO of Treadwell Farms in Umatilla.
"So, I'm getting questions: Should I renew my license? Should I put plants in? Usually, by this time we've sold [products] to about 20 farmers. So far this year, we've sold to about six and for the ones who have purchased, they've purchased less than in prior years. So it's already impacting me.'"
Although it's been reported that the pending ban threatens to remove just intoxicating and synthetic cannabinoid products, industry officials say it would also remove full-spectrum non-intoxicating CBD products used as alternatives to over-the-counter painkillers or prescription medications.
The White House weighs in
Donald Trump wants Congress to overturn the ban, at least as it relates to hemp-derived CBD.
"I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress's intent to restrict the sale of products that pose Health risks," Trump posted on his Truth Social page on April 23.
"We must get this done RIGHT and FAST, especially for those who saw that CBD helps them. Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for. Please get it done, and SOON."
David Shiffman is CEO of Amigos, a South Florida hemp-derived THC brand, as well as Tillman Tranquils, which offers edibles, gummies, and mints. He's played by the rules since hemp became legalized in Florida in 2019, he said — he's paid his fees, passed state inspections, made improvements, and updated packaging materials per the regulations the Legislature approved in recent years.
"Trying to build a business by the book and then having the rug pulled out by new legislation is a scary thing for any business, especially a small business here in Florida for us and for our employees," he said.
Shiffman is confident that because of the directives coming out of the White House, a permanent ban isn't likely to happen.
"I hate to say it, but the category's too big to fail," he said. "The consumer demand is there. The infrastructure is in place. I don't think that it's going anywhere. It's a matter of when and how we get regulated."
Jammie Treadwell's family has had roots in Florida agriculture for more than a century and still grows citrus, peaches, and blueberries. The family made a hard pivot to hemp after it was legalized in the state, launching Treadwell Farms in 2019. Hemp is a "perfect plant" for Florida because it can be grown year-round and allowed the family to take its agriculture legacy into the next generation, she said.
But agriculture is a tough business and, after surviving hurricanes and the deepest freeze in 16 years in January, she said, farmers are watching their pocketbooks more than ever.
"I don't want to sound dramatic, but it could very well put us out of business," she said of the pending ban. "Our business has grown every year, but we're still a small business and there's only so many hits that you can take. And so, for us to reformulate everything and potentially lose some of the products that are good sellers? I mean, it's a daunting thing."
Russell Vought, director of the Office of Management and Budget, sent a letter to House Speaker Mike Johnson on June 24, calling on Congress to revise the federal regulation of hemp "to ensure the fair treatment of hemp products," similar to an amendment filed by Kentucky House Republican Andy Barr called the "Lawful Hemp Protection Act," which would overhaul the pending hemp restrictions with a taxed and regulated framework.
That legislation includes establishment of a three-tier distribution system for hemp-derived beverages, modeled on the distribution system used for alcohol — something Smith with Herbal Flow doesn't want any part of.
"It's pushing into alcohol regulation," he said. "Their whole claim is that it's an intoxicating beverage so it should be treated like that but, at the end of the day, they don't have child-resistant tops on Bacardi 151," he said.
"They're able to put out Hard Mountain Dew and SunnyD without any label restrictions in that sense," he added. "So, they're not really treating us like alcohol, but they want to treat us as alcohol."
If the federal ban were lifted or delayed, it would open another lifeline to Florida hemp entrepreneurs who have dodged potential existential threats to their livelihoods in recent years.
READ MORE: Florida-based Trulieve set to become first cannabis company listed on the NYSE
States have already banned or restricted intoxicating hemp
The Legislature approved a proposal to restrict intoxicating hemp products and sent it to Gov. Ron DeSantis two years ago, which he vetoed. In his message, DeSantis said the bill would have imposed "debilitating regulatory burdens on small businesses" and done "dramatic disruption and harm" to retail businesses.
After that close call, Florida House Speaker Daniel Perez announced just ahead of the 2025 legislative session that he was creating a "combined workgroup" on hemp. Although not tasked with producing any specific policies, the workgroup concluded its meetings by saying that although members didn't want changes that could destroy the industry, the status quo had to change in terms of hemp's regulatory framework.
Ultimately, key differences between the Senate and House bills prevented any legislation making it way back to DeSantis that year.
Contrast that with the fact that hemp-based intoxicants are already illegal or heavily regulated in more than a dozen states.
The Florida Department of Agriculture and Consumer Services oversees the hemp industry in Florida. The Phoenix reached out to the office to ask where Commissioner Wilton Simpson stands on the impending ban, but his office did not respond to two attempts for comment.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.
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