A federal ban set to take effect on November 12 is threatening to eliminate approximately 95% of the hemp-derived products (hemp) that are currently sold legally in Florida, including THC beverages, gummies, oils, and CBD products.
The measure emerged in November 2025, when Congress approved a spending bill that changed the federal definition of hemp: instead of being measured only by Delta-9 THC, a "total THC standard" now applies with a maximum limit of 0.4 mg per package, a threshold so low that it would render almost the entire current supply of the sector illegal under federal law, according to the organization U.S. Hemp Roundtable.
Business leaders in the sector warn that the damage has already begun, months before the regulation takes effect.
Jammie Treadwell, executive director of Treadwell Farms in Umatilla, describes a stalled planting season: "Farmers are not planting this season because if they harvest in September or October and the product becomes illegal in November, that's a problem."
Treadwell, whose family has been in Florida agriculture for over a century, notes that by this time of year he would normally have sold supplies to about twenty farmers; in 2026, he has only reached six.
"I don't want to sound dramatic, but it could very well take us out of business," she stated.
Michael Smith, owner of Herban Flow in St. Petersburg —where 80% of sales come from THC hemp-derived products—, laments that most of his clients are unaware of what is coming: "It's incredible how many people still don't know. So many are just discovering it now and don’t believe me when I tell them that all of this will disappear in three months."
The ban would not be limited to intoxicating products; it would also affect non-intoxicating full-spectrum CBD products, which many consumers use as an alternative to over-the-counter pain relievers or prescription medications.
David Shiffman, executive director of Amigos y Tillman Tranquils in South Florida, encapsulates the frustration of the sector: "Trying to build a business by following the rules and then having the ground taken from under you with new legislation is terrifying for any small business."
Still, Shiffman remains cautiously optimistic: "The category is too large to fail. Consumer demand is there. The infrastructure is in place. It's a matter of when and how we will be regulated."
The White House has intervened in the debate.
On April 23, President Donald Trump posted on Truth Social a call to Congress to update the law and ensure access to full-spectrum CBD products, stating that the measure would also benefit farmers.
On June 24, Russell Vought, director of the Office of Management and Budget, sent a letter to Speaker of the House Mike Johnson supporting the "Legal Hemp Protection Act," an amendment from Republican Representative Andy Barr of Kentucky that would establish a regulated framework with taxes and a three-tier distribution system for hemp beverages, similar to that of alcohol.
That proposal was blocked by the House Rules Committee and did not reach a vote, leaving the prohibition in place.
In Florida, hemp was legalized in 2019, and the industry has grown steadily.
Two years ago, Governor Ron DeSantis vetoed a state proposal to restrict intoxicating hemp products, arguing that it would impose "crippling regulatory burdens" on small businesses, and in 2025 a legislative task force failed to pass new regulations due to disagreements between the Senate and the House.
If Congress does not act before November 12, an industry that generates approximately $28 billion and employs more than 300,000 people nationwide will face its biggest crisis since legalization.
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