At Herban Flow's third High and Dry Festival in St. Petersburg, Florida, dozens of brands showcased THC-infused drinks and other alcohol alternatives Saturday. Owner Michael Smith says roughly 80% of sales at his two stores come from hemp-derived THC products, and he fears a November 12 federal rule that would eliminate nearly all intoxicating and non-intoxicating hemp and CBD products.
The change stems from a spending bill Congress passed last November redefining legal hemp as "total THC" rather than Delta-9 THC only, capping products at 0.4 mg per container—a cap the U.S. Hemp Roundtable says would outlaw about 95% of current hemp products.
Growers say the looming ban is already cutting sales. Jammie Treadwell, CEO of Treadwell Farms in Umatilla, said farmers are skipping planting since fall harvests could become illegal by the November 12 deadline; the farm has sold to only six farmers this year, down from a typical 20.
Though framed as targeting intoxicants, officials say the rule would also remove non-intoxicating CBD used instead of prescription painkillers.
President Trump has urged Congress to preserve full-spectrum CBD access while restricting risky products, writing on Truth Social April 23: "We must get this done RIGHT and FAST, especially for those who saw that CBD helps them."
David Shiffman, CEO of hemp-THC brand Amigos and edibles maker Tillman Tranquils, has followed Florida's hemp rules since 2019. "I hate to say it, but the category's too big to fail," he said.
Treadwell's family has farmed in Florida over a century and moved into hemp in 2019, calling it a year-round "perfect plant." She said the ban "could very well put us out of business" after the farm weathered hurricanes and January's worst freeze in 16 years.
OMB's Russell Vought wrote House Speaker Mike Johnson on June 24 urging fair treatment of hemp products, echoing Kentucky Rep. Andy Barr's "Lawful Hemp Protection Act," which would tax and regulate hemp via a three-tier, alcohol-style beverage distribution system Smith opposes.
Florida lawmakers passed a similar restriction two years ago, but Gov. Ron DeSantis (R) vetoed it as burdensome for small businesses. House Speaker Daniel Perez (R) later convened a hemp workgroup before the 2025 session, but House and Senate bills diverged. More than a dozen states already ban or heavily regulate intoxicating hemp, and Florida's Department of Agriculture and Consumer Services, under Commissioner Wilton Simpson, did not respond to requests for comment.
