TAMPA, Fla. — A bill is making its way through the state legislature that would place new restrictions on Florida’s hemp industry. SB 438 was proposed by Sen. Colleen Burton, who represents Polk County.

The legislature passed a law in 2024 that blocked the sale of some hemp products, but Gov. Ron DeSantis vetoed it, saying it would’ve hurt small businesses. That’s exactly what Carlos Hermida said SB 438 would do to his business.

“These chocolate bars are 100 milligrams apiece. This would have to be reduced to half the potency,” Hermida said, displaying a product from a case at Chillum Mushroom and Hemp Dispensary in Ybor City.

Hermida opened Chillum seven years ago. It offers a variety of products, but Hermida said hemp still makes up as much as 80% of his sales.

“This is delta-8 THC flower,” he said, gesturing to a jar. “This would be completely gone.”

He looked at some of his merchandise through the lens of SB 438, which takes aim at how hemp is sold in Florida. He said the impacts to Chillum could be severe.

“We opened a second location in St. Petersburg. You know, our finances are a little thin right now,” he said. “It may even put us out of business.”

The owner of Chillum Mushroom & Hemp Dispensary in Tampa and St. Petersburg said up to 80% of his sales are from hemp products, and the bill could hurt his business. (Spectrum News/Sarah Blazonis)

The bill would ban any amount of synthetic cannabinoids, as well as some that can occur naturally, including delta-8. The amount of delta-9 couldn’t be more than five milligrams per serving or 50 milligrams per container.

Stores that sell hemp or hemp extract wouldn’t be allowed within 500 ft. of a school or daycare, and products can’t be marketed in ways that are attractive to children. There are also advertising restrictions, which Hermida said would impact Chillum.

“We can’t, essentially, let people know that we have these products,” Hermida said. “We’re in a walking district. It specifically states in the bill that we can’t advertise to the sidewalk, we can’t advertise to the street.”

And those THC-infused beverages Hermida said he can’t keep in stock? The bill would require him to get a license to sell alcohol if he wants to keep offering them.

“I’m already paying for a hemp license every year. I’m paying for a tobacco license every year. Now, I have to buy an alcohol license,” Hermida said. “We don’t want to be part of the alcohol industry, and if we have to be licensed as an alcohol company, it just doesn’t make any sense.”

Spectrum News reached out to Sen. Burton’s office for comment but didn’t immediately hear back.

SB 438 is in its very early stages. It was discussed by the Senate agriculture committee earlier this week.