Florida 2025 Regular Session Status: Passed Senate Bipartisan · 1 R · 1 D cosponsors

SB 438 — Food and Hemp Products

Last action — Died on Second Reading Calendar

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

What changed in the latest version

243 added · 243 removed

243 line(s) added, 243 removed.

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Florida Senate - 2025 SB 438 By Senator Burton 12-00477B-25 2025438__ A bill to be entitled An act relating to food and hemp products;
Florida Senate - 2025 CS for SB 438 By the Committee on Agriculture;
and Senators Burton and Davis 575-02504-25 2025438c1 A bill to be entitled An act relating to food and hemp products;
prohibiting businesses or food establishments from possessing hemp or hemp extract products that are attractive to children;
prohibiting businesses and food establishments from possessing hemp extract products that are attractive to children;
prohibiting the Department of Agriculture and Consumer Page 1 of 13 CODING:
prohibiting the Page 1 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ Services from granting permission to remove or use certain hemp extract products until it has determined that such hemp extract products comply with state law;
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 Department of Agriculture and Consumer Services from granting permission to remove or use certain hemp extract products until it has determined that such hemp extract products comply with state law;
requiring that hemp extract be tested in a certified marijuana testing laboratory before it may be sold in this state;
requiring that each final batch of hemp extract be tested in a certified marijuana testing laboratory before it may be sold in this state;
requiring that an independent testing laboratory retain records of all tested and sampled hemp extract for a specified timeframe;
requiring that a certified marijuana testing laboratory retain records of each final batch of tested and sampled hemp extract for a specified timeframe;
prohibiting THC- infused beverages from containing alcoholic or intoxicating beverages;
prohibiting THC-infused beverages from containing alcoholic or intoxicating beverages;
providing that THC-infused beverages may be distributed only by certain distributors;
providing that THC-infused beverages may be distributed only by Page 2 of 13 CODING:
prohibiting distributors of THC-infused beverages from taking certain actions;
prohibiting a Page 2 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ retail vendor of THC-infused beverages from purchasing or obtaining such beverages from a person not licensed as a distributor;
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 certain distributors;
prohibiting a retail vendor of THC- infused beverages from attempting to return or exchange a THC-infused beverage under certain circumstances;
prohibiting distributors of THC- infused beverages from taking certain actions;
prohibiting a retail vendor of THC-infused beverages from purchasing or obtaining such beverages from a person not licensed as a distributor;
prohibiting a retail vendor of THC-infused beverages from attempting to return or exchange a THC-infused beverage under certain circumstances;
A marijuana test laboratory must keep marijuana received from a medical marijuana treatment center separated from hemp or hemp extract received from a business that is licensed or permitted Page 3 of 13 CODING:
A marijuana test laboratory must keep marijuana received from a Page 3 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ under s.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 medical marijuana treatment center separated from hemp or hemp extract received from a business that is licensed or permitted under s.
manufactured in a form or packaged in a container that bears any reasonable resemblance to a as a widely distributed, branded food product such that the a product could be mistaken for the branded food product, especially by children;
manufactured in a form or packaged in a container that bears any reasonable resemblance to a as a widely distributed, branded food product such that the a product could be mistaken for the branded food product, Page 4 of 13 CODING:
or containing any color additives.
(b) “Certified marijuana testing laboratory” means a Page 4 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ laboratory that is certified by the Department of Health pursuant to s.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 especially by children;
or containing any color additives.
(b) “Certified marijuana testing laboratory” means a laboratory that is certified by the Department of Health pursuant to s.
(h)(g) “THC-infused beverage” means a soft drink, soda, juice, tea, or other beverage intended for ingestion which Page 5 of 13 CODING:
Page 5 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ contains hemp extract in an amount not to exceed 5 milligrams per unopened can or bottle or in any other sealed container “Independent testing laboratory” means a laboratory that:
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 (h)(g) “THC-infused beverage” means a soft drink, soda, juice, tea, or other beverage intended for ingestion which contains hemp extract in an amount not to exceed 5 milligrams per unopened can or bottle or in any other sealed container “Independent testing laboratory” means a laboratory that:
The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent pursuant to the testing of a random sample of the batch;
The batch contained a total delta-9-tetrahydrocannabinol Page 6 of 13 CODING:
Page 6 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ c.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 concentration that did not exceed 0.3 percent pursuant to the testing of a random sample of the batch;
c.
A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by a certified marijuana an independent testing laboratory;
A scannable barcode or quick response code linked to the certificate of analysis of the final hemp extract batch by a certified marijuana an independent testing laboratory;
and e.
and Page 7 of 13 CODING:
Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C.
ss.
1471 et seq., without Page 7 of 13 CODING:
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ regard to provided exemptions.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 e.
Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C.
ss.
1471 et seq., without regard to provided exemptions.
A business or food establishment may not possess hemp extract products that are attractive to children.
Show all 51 changed rows (11 more)
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Unpermitted business sales, street sales, or festival sales are not allowed.
A business or food establishment permitted to sell hemp or hemp extract may not be located within 500 feet of a school or daycare facility, a retail outlet engaged in the business of selling motor fuel, or a retail facility in possession of a valid permit to sell hemp or hemp extract.
Unpermitted business sales, street sales, or festival sales are not allowed.
A business or food establishment permitted to sell hemp or hemp extract may not be located within 500 feet of a school or day care facility, a retail outlet engaged in the business of selling motor fuel, or a retail facility in possession of a valid permit to sell hemp or hemp extract.
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ and shall have procedures in place to effect a recall of any hemp extract later determined to be unsafe for human consumption.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 and shall have procedures in place to effect a recall of any hemp extract later determined to be unsafe for human consumption.
Shall store all such products out of reach of customers, either in a controlled area accessible only to employees or in a locked display case excluding hemp-infused beverages.
Shall store all such products out of reach of customers, either in a controlled area accessible only to employees or in a locked display case, excluding hemp-infused beverages.
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ (f)1.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 (f)1.
(8) TESTING.— (a) Hemp extract must be tested using a certified marijuana testing laboratory before it may be sold in this state.
(8) TESTING.— (a) Each final batch of hemp extract must be tested using a certified marijuana testing laboratory before it may be sold in this state.
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ (b) The department shall create procedures for the treatment of hemp extract that fails to meet the testing requirements of this section or department rule.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 (b) The department shall create procedures for the treatment of hemp extract that fails to meet the testing requirements of this section or department rule.
(e) The independent testing laboratory must retain records of all testing and samples of each batch of hemp extract for 9 months.
(e) The certified marijuana testing laboratory must retain records of all testing and samples of each final batch of hemp extract for 9 months.
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ (7)(b).
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 (7)(b).
Florida Senate - 2025 SB 438 12-00477B-25 2025438__ purchase of testing equipment necessary to implement this act.
Florida Senate - 2025 CS for SB 438 575-02504-25 2025438c1 purchase of testing equipment necessary to implement this act.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing statutes to strengthen regulations surrounding the sale and testing of hemp and hemp extract products, including provisions on sources of acquisition and prohibitions against certain sales practices.

  • 381.988

    A marijuana testing laboratory may acquire marijuana only from a medical marijuana treatment center and may acquire hemp and hemp extract only from a business that is licensed or permitted under s. 581.217. → A marijuana testing laboratory may acquire marijuana only from a medical marijuana treatment center and may acquire hemp and hemp extract only from certain businesses.

    This change restricts the sources from which marijuana testing laboratories can acquire hemp and hemp extract.

  • 381.988

    A marijuana testing laboratory is prohibited from selling, distributing, or transferring marijuana received from a marijuana treatment center, or hemp or hemp extract received from a business licensed or permitted under s. 581.217, except that a marijuana testing laboratory may transfer a sample to another marijuana testing laboratory in this state. → A marijuana testing laboratory is prohibited from selling, distributing, or transferring hemp or hemp extract received from certain businesses.

    The bill reinforces the prohibition against the sale or transfer of hemp and hemp extract by marijuana testing laboratories.

  • 581.217

    Hemp and hemp extract Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants if they are in compliance with this section. → Hemp and hemp extract-derived cannabinoids are not controlled substances or adulterants if they comply with established regulations.

    Clarifies the regulatory status of hemp-derived cannabinoids under specific compliance conditions.

  • 581.217

    The Department of Agriculture and Consumer Services shall establish procedures for the testing of hemp extract. → The Department is required to create procedures for testing hemp extract that fails to meet specified requirements.

    Implements a requirement for the Department to develop testing procedures for non-compliant hemp extract.

  • 581.217

    Prohibiting unpermitted business sales, street sales, or festival sales of hemp extract;

    Outlaws sales of hemp extract by unpermitted businesses and at informal venues.

  • 581.217

    Prohibiting businesses or food establishments from possessing hemp or hemp extract products that are attractive to children;

    Bans the possession of hemp products that appeal to children, enhancing protection for minors.

  • 581.217

    THC-infused beverages are included in products prohibited for sale to persons under 21 years of age.

    Establishes an age restriction for the sale of THC-infused beverages.

  • 581.217

    Each final batch of hemp extract must be tested in a certified marijuana testing laboratory before it may be sold in this state.

    Requires mandatory testing of all hemp extract batches prior to sale.

  • 581.217

    Retail stores must recall hemp extract that fails to meet specified requirements.

    Imposes a recall obligation on retailers for non-compliant products.

Action History

  1. Died on Second Reading Calendar

  2. Indefinitely postponed and withdrawn from consideration

  3. Added to Second Reading Calendar

  4. Temporarily postponed, on 2nd Reading

  5. 1st Reading (Committee Substitute 1)

  6. Bill added to Special Order Calendar (4/25/2025)

  7. Bill referred to House Calendar

  8. In Messages

  9. Immediately certified

  10. CS passed; YEAS 37 NAYS 0

  11. Read 3rd time

  12. Read 2nd time

  13. Placed on Special Order Calendar, 04/09/25

  14. Placed on Calendar, on 2nd reading

  15. Favorable by- Fiscal Policy; YEAS 18 NAYS 0

  16. On Committee agenda-- Fiscal Policy, 03/27/25, 1:00 pm, 412 Knott Building

  17. Now in Fiscal Policy

  18. CS by Agriculture read 1st time

  19. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  20. CS by Agriculture; YEAS 6 NAYS 0

  21. On Committee agenda-- Agriculture, 03/17/25, 4:00 pm, 301 Senate Building

  22. Introduced

  23. Referred to Agriculture; Fiscal Policy

  24. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 37 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 10000
Republican 24001
Unaffiliated 2000
No Party Affiliation 1000
Total 37001
% of votes cast 97%0%0%3%
How each member voted (38)
Member Party Vote
Ingoglia — Yea
Collins — Yea
Arrington, Kristen Aston Democrat Yea
Berman, Lori Democrat Yea
Bernard, Mack Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Sharief, Barbara Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Not Voting
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Martin, Jonathan Republican Yea
McClain, Stan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 5000
Republican 12001
Unaffiliated 1000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Ingoglia — Yea
Arrington, Kristen Aston Democrat Yea
Bernard, Mack Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
Gaetz, Don Republican Yea
Gruters, Joe Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Truenow, Keith L. Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 438 do?
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
Who sponsors SB 438?
SB 438 is sponsored by Davis, Tracie (Democrat), Burton, Colleen (Republican), and Agriculture.
What is the current status of SB 438?
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 438?
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