DeSantis Vetoes Florida SB 1698, Preserving State’s Hemp THCA Market

Florida Gov. Ron DeSantis vetoed SB 1698 in June 2024, declining to sign legislation that would have imposed total-THC and per-serving caps on hemp-derived cannabinoid products and reshaped the state’s THCA flower market.

Tallahassee, Fla. — June 7, 2024. Florida Gov. Ron DeSantis vetoed Senate Bill 1698 in early June 2024, allowing the state’s existing hemp-derived cannabinoid framework to remain in effect.

SB 1698, as passed by the Florida legislature, would have made several substantive changes to Florida’s hemp law, including:

• Imposing a per-serving milligram cap on intoxicating cannabinoids in consumable hemp products.
• Tightening the calculation of total THC for finished products, in a manner industry analysts said would push most THCA flower above the legal threshold.
• Adding 21+ age requirements and additional packaging and labeling rules.
• Authorizing additional Department of Agriculture and Consumer Services rulemaking on hemp retail.

In his veto message, DeSantis cited concerns about the bill’s economic impact on Florida’s hemp industry and said the legislation as drafted went further than necessary to address public-health concerns. The veto came at a moment when the governor was simultaneously campaigning against Amendment 3, the recreational-cannabis ballot measure later defeated by Florida voters in November 2024.

The veto was reported by Marijuana Moment, Politico, and Hemp Industry Daily. Industry trade groups including the U.S. Hemp Roundtable publicly thanked the governor; consumer-protection groups and the state’s licensed medical cannabis industry criticized the decision.

In the wake of the veto, Florida’s hemp-derived cannabinoid market remained governed by SB 1676 (2023) and prior law, which adopt the federal 2018 Farm Bill definition of hemp by reference. Florida lawmakers have signaled they will revisit hemp regulation in subsequent sessions.

What it means for consumers

Florida remained a legal-status state for hemp-derived THCA after the veto. Consumers can purchase THCA flower from compliant national brands, and most retailers continue to ship to Florida addresses. The veto did not affect federal law or DeSantis’s stance on intoxicating cannabinoids more broadly.

Expect renewed legislative efforts. Several of SB 1698’s provisions — particularly age-gating and labeling — have broad bipartisan support and are likely to reappear in narrower form in future sessions. The total-THC and per-serving cap provisions are the most contested and may or may not return depending on negotiation.

Sources

• Florida Senate — SB 1698
• Marijuana Moment — Florida coverage
• Politico

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• Is THCA Legal in Florida?
• The THCA Loophole, Explained
• Brands Shipping THCA to Florida