Florida Department of Agriculture and Consumer Services
02/11/2026 | Press release | Distributed by Public on 02/11/2026 11:07
Statement from Commissioner Wilton Simpson on Fifth DCA Decision Stopping Back-Door Effort to Legalize Recreational Marijuana
TALLAHASSEE, Fla. - Today, Florida Commissioner of Agriculture Wilton Simpson issued the following statement after the Fifth District Court of Appeals stopped a back-door attempt to legalize recreational marijuana by affirming the Florida Department of Agriculture and Consumer Services' (FDACS) enforcement of Florida's limits on total tetrahydrocannabinol (THC) concentration for hemp products:
"This decision resoundingly affirms our authority and continued efforts to enforce Florida's hemp regulations that protect consumers and children. It also shuts down a devious attempt to, effectively, legalize recreational marijuana in Florida.
"As soon as I came into office in 2023, we immediately began working with the Florida Legislature to create clear and commonsense guardrails for hemp products and to bring accountability to the hemp industry, which was completely out of control. Prior to these much-needed reforms, hemp products were being sold without restrictions, including to children and with marketing and packaging specifically targeting them.
"I'm grateful the Fifth DCA panel unanimously upheld these protections, the limitation on THC concentrations, and our ability to enforce it. Our resolve to protect communities from the dangers of intoxicating products cannot be bought, bent, or broken."
On April 17, 2024, the Florida Division of Administrative Hearings dismissed [ ] Chronic Guru's challenge to FDACS' Administrative Rule 5K-4.034, which defines the total delta-9 tetrahydrocannabinol (THC) concentration for hemp products and hemp extract products for human consumption. This definition mirrors the federal definition of total THC. The Fifth District Court of Appeals affirmed [ ] the Division of Administrative Hearings' order.
Since July 1, 2023, the department has removed more than 1.5 million packages of hemp products for violations of child-protection standards.
During the 2023 legislative session, Commissioner Wilton Simpson worked with the Florida Legislature to reform Florida's food laws to better protect consumers and children from hemp products. SB 1676 added age requirements for the purchase of hemp products intended for human consumption, protected Florida's minors by prohibiting marketing that targets children, protects consumers by mandating that products sold in Florida be packaged in a safe container, and holds hemp products that are ingested to the same health and safety standards as other food products.
For more information about Commissioner Simpson and the Florida Department of Agriculture and Consumer Services, visit FDACS.gov.
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Florida Department of Agriculture and Consumer Services published this content on February 11, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on February 11, 2026 at 17:07 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]