On Feb. 12, 2026, Florida Commissioner of Agriculture Wilton Simpson released a statement following the Fifth District Court of Appeals’ decision to uphold the Florida Department of Agriculture and Consumer Services’ enforcement of state limits on total tetrahydrocannabinol (THC) concentration for hemp products.
The court’s decision affirms the department’s authority to regulate hemp products and stops what Simpson described as a back-door attempt to legalize recreational marijuana in Florida. The ruling is seen as significant for maintaining current consumer protections and regulations regarding hemp-derived 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,” Simpson said. “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,” according to Simpson.
According to the official statement, on April 17, 2024, the Florida Division of Administrative Hearings dismissed Chronic Guru’s challenge to FDACS’ Administrative Rule 5K-4.034, which defines total delta-9 THC concentration for hemp products intended for human consumption. This definition mirrors federal standards. The Fifth District Court of Appeals affirmed this order.
Since July 1, 2023, more than 1.5 million packages of hemp products have been removed by the department due to violations of child-protection standards. During the 2023 legislative session, Simpson worked with lawmakers on reforms such as SB 1676 that added age requirements for purchasing certain hemp products and prohibited marketing aimed at minors.
