Florida Appeals Court Upholds State’s THC Limits on Hemp Products

OG article by Anthony Martinelli

February 12, 2026

The Florida Fifth District Court of Appeals has unanimously upheld the state's authority to impose total THC concentration limits on hemp products. The ruling affirms Administrative Rule 5K-4.034, which defines hemp extracts for consumption by including both delta-9 THC and convertible THCA, aligning with federal standards.

The decision rejects a challenge from hemp company Chronic Guru, initially dismissed in April 2024 by the Division of Administrative Hearings. This preserves the Florida Department of Agriculture and Consumer Services' enforcement powers to regulate intoxicating hemp-derived products.

Commissioner Wilton Simpson praised the outcome, emphasizing reforms since his 2023 appointment. Collaborating with lawmakers, the department established "clear and commonsense guardrails" after years of unrestricted sales, including products marketed to children with appealing packaging.

Simpson highlighted the ruling's role in protecting communities from risks associated with high-potency intoxicating items sold without oversight. The decision reinforces distinctions between hemp and marijuana while addressing public health concerns amid growing legislative efforts to tighten industry regulation.

By maintaining total THC calculations, Florida prevents loopholes that could allow potent products, supporting safer market standards and ongoing oversight of the expanding hemp sector.