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Florida lawmakers move again to ban delta-8, restrict hemp marketplace

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Florida lawmakers move again to ban delta-8, restrict hemp marketplace


TALLAHASSEE — Less than a year after Gov. Ron DeSantis vetoed legislation that would overhaul Florida’s hemp marketplace, Florida senators are trying again.

On Monday, a bill that would reform the hemp marketplace moved through its first committee meeting in the Senate. The House hasn’t heard any companion legislation yet.

Some of the ideas in the package senators moved forward are the same as what was in the bill that DeSantis vetoed last year. Others are new.

When DeSantis vetoed last year‘s bill, he said it would impose too harsh a burden on small businesses.

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But the sponsor of both this year’s legislation and the vetoed bill said lawmakers also need to weigh concerns about the health and safety of hemp products.

Here’s what to know about what the proposal, SB 438, would mean for hemp businesses and users.

Banning delta-8

Many of the products currently lining smoke shops around the state would become illegal under Sen. Colleen Burton’s proposed bill, including any delta-8 products.

The cannabis plant contains more than 100 cannabinoids. Delta-9 is what users typically think of as THC, and is a compound that creates a high sensation.

While delta-8 can also create a psychoactive effect, it is thought to be less potent and occurs in lower quantities naturally than delta-9. But producers can use a chemical process to convert other cannabinoids into delta-8, according to the Food and Drug Administration.

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The bill would change the definition of hemp extract to prohibit it from containing “any quantity of synthetic cannabinoids.” It would also ban delta-8, delta-10, HHC, THC-O-Acetate, THCP and THCV.

Last year, a similar ban was in the bill DeSantis vetoed. Opponents said the ban could affect products with trace amounts of those cannabinoids that aren’t meant to create a “high” sensation, like certain CBD tinctures.

Remaining legal products under the bill would be capped at 5 milligrams of delta-9 THC per serving or 50 milligrams per container.

Requiring alcohol licenses

Under the bill, canned beverages that contain THC could only be sold at shops with a license to sell alcohol.

It would also require a cap on the strength of THC drinks, limiting them to 5 milligrams per unopened can. The bill would also prohibit alcohol from being included in a beverage with THC.

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According to a Harvard Medical School blog, the cannabinoids found in beverages are designed to dissolve easily in liquids – which means they lead to a quicker effect as they are absorbed in the body.

Michael and Caitlyn Smith, owners of the St. Petersburg-based non-alcoholic bottle shop Herban Flow, opposed the beverage requirements.

Both said requiring their store, which centers around not selling alcoholic beverages, to have a license for alcohol doesn’t make sense.

Michael Smith said he’s in favor of going after delta-8 and synthetic cannabinoids, which he said is what lawmakers are really seeking.

“They’re trying to take a bill to shut down the smoke shops, and they’re sweeping us along inside of it when our mission is different,” Michael Smith said. “We’re trying to provide an alternative to people looking to stay away from alcohol.”

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Limiting hemp shop advertising, locations

If passed, the bill could mean no more strip malls filled with back-to-back smoke shops.

The legislation would limit where a store selling hemp could set up. It would ban a shop selling hemp from setting up within 500 feet of a school or daycare, a gas station or another retail shop with a permit to sell hemp.

When DeSantis suggested how the Legislature could reform the hemp marketplace in his veto letter of last year’s bill, he said lawmakers should “consider measures to prevent the ubiquity and concentration of these retail locations in communities across the State.”

The bill would also restrict what hemp shops look like to visitors. Current shops can have products that are easily accessible. The proposal would require that all hemp products, aside from beverages, be kept out of reach in either a locked display or in an area accessible to only employees.

Advertising would also significantly change. Businesses would no longer be able to advertise using the words “THC,” “medical card” or any other similar term.

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Businesses would also no longer be able to advertise in a way that’s visible to members of the public from the sidewalk or street, which would make hemp shops operate like medical marijuana facilities.

Testing regulations

Hemp in Florida would be tested in the same labs where medical marijuana is tested under the bill, and two lab employees would need to verify it meets potency requirements and is free from contaminants.

The bill would also create an avenue for state officials to randomly test products from the shelves of hemp shops.

If a tested product fails, it would need to be recalled.

A Times/Herald analysis showed that many hemp products have a THC level high enough to classify as marijuana, and some contained contaminants unsafe for human consumption.

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Burton said testing would make sure that “products are indeed hemp products and not marijuana products dressed in hemp clothing.”



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Gas prices rise in South Florida amid U.S. and Israel’s conflict with Iran, as the stock market also reports a dip

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Gas prices rise in South Florida amid U.S. and Israel’s conflict with Iran, as the stock market also reports a dip



Four days into the Iranian conflict, gas prices are rising at many stations in South Florida.

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“I’ve traveled all over the United States,” says Stacey Williams. CBS Miami spoke to him as he was gassing up on the turnpike. He paid $66 for 20 gallons of diesel to fill his pickup truck. Williams has noted the fluctuations in fuel as he drives to locations for his work on turbines. He just spent three weeks at the Turkey Point Nuclear Power Plant south of Miami.

“The salary we get paid per hour does not add up to what we pay for gas, housing, and food,” he says.

Mitchell Gershon is also dealing with the higher gas prices. He has to fill three vehicles constantly for his business—Thrifty Gypsy, a pop-up store at musical venues. He’s back and forth from Orlando to Miami and says fuel is costing him 20% more. When asked how he handles these fluctuations, he said, “Have a little backup cash so you are ready for it.”

The rise in oil prices contributed to a drop in the stock market on Tuesday, which means some retirement accounts dipped, too. CBS Miami talked to Chad NeSmith, director of investments at Tobias Financial Advisors in Plantation, for perspective on the drop.

“We are seeing most of the pullback today. Yesterday was a shock,” he says. He’s not expecting runaway oil prices but says investors should stay in the loop: “Pay attention to your portfolio. Stick to your goals. Have a plan because these things are completely unpredictable.”

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That unpredictability has Williams adjusting his budget. “You just cut back, cut corners, all you can do,” he says.



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Man convicted of 1991 fatal shooting of a police officer is set to be executed in Florida

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Man convicted of 1991 fatal shooting of a police officer is set to be executed in Florida


STARKE, Fla. (AP) — A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop is set to be executed Tuesday evening in Florida.

Billy Leon Kearse, 53, is scheduled to receive a three-drug injection starting at 6 p.m. at Florida State Prison near Starke. Kearse was initially sentenced to death in 1991 after being convicted of first-degree murder and robbery with a firearm.

The Florida Supreme Court found that the trial court failed to give jurors certain information about aggravating circumstances and ordered a new sentencing. Kearse was resentenced to death in 1997.

Kearse awoke at 6:30 a.m. He declined a last meal and has remained compliant throughout the day, corrections spokesman Jordan Kirkland said during a news conference. Kearse met with a spiritual adviser during the day but had no other visitors.

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This is Florida’s third execution scheduled for 2026, following a record 19 executions last year. Republican Gov. Ron DeSantis oversaw more executions in a single year in 2025 than any other Florida governor since the death penalty was reinstated in 1976. The highest number before then was eight executions in both 1984 and 2014, under former governors Bob Graham and Rick Scott, respectively.

According to court records, Fort Pierce Police Officer Danny Parrish pulled over Kearse for driving the wrong way on a one-way street in January 1991. When Kearse couldn’t produce a valid driver’s license, Parrish ordered Kearse out of his vehicle and attempted to handcuff him.

A struggle ensued, and Kearse grabbed Parrish’s firearm, prosecutors said. Kearse fired 14 times, striking the officer nine times in the body and four times in his body armor. A nearby taxi driver heard the shots and used Parrish’s radio to call for help.

Parrish was rushed to a nearby hospital, where he died from the gunshot wounds, officials said. Meanwhile, police used license plate information that Parrish had called in before approaching Kearse to identify the attacker’s vehicle and home address, where Kearse was arrested.

Last week, the Florida Supreme Court denied appeals filed by Kearse. His attorneys had argued that he was unconstitutionally deprived of a fair penalty phase and that his intellectual disability makes his execution unconstitutional.

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The U.S. Supreme Court rejected Kearse’s final appeals Tuesday afternoon without comment.

A total of 47 people were executed in the U.S. in 2025. Florida led the way with a flurry of death warrants signed by DeSantis, far outpacing Alabama, South Carolina and Texas which each held five executions.

Besides the two Florida executions this year, Texas and Oklahoma have each executed one person so far.

Two more Florida executions have already been scheduled for this month. Michael Lee King, 54, is scheduled to die on March 17, and the execution of James Aren Duckett, 68, is set for March 31.

All Florida executions are carried out via lethal injection using a sedative, a paralytic and a drug that stops the heart, according to the Department of Corrections.

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Man convicted of 1991 fatal shooting of police officer is set to be executed in Florida

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Man convicted of 1991 fatal shooting of a police officer is set to be executed in Florida


STARKE, Fla. (AP) — A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop is set to be executed Tuesday evening in Florida.

Billy Leon Kearse, 53, is scheduled to receive a three-drug injection starting at 6 p.m. at Florida State Prison near Starke. Kearse was initially sentenced to death in 1991 after being convicted of first-degree murder and robbery with a firearm.

The Florida Supreme Court found that the trial court failed to give jurors certain information about aggravating circumstances and ordered a new sentencing. Kearse was resentenced to death in 1997.

This is Florida’s third execution scheduled for 2026, following a record 19 executions last year. Republican Gov. Ron DeSantis oversaw more executions in a single year in 2025 than any other Florida governor since the death penalty was reinstated in 1976. The highest number before then was eight executions in both 1984 and 2014, under former governors Bob Graham and Rick Scott, respectively.

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According to court records, Fort Pierce Police Officer Danny Parrish pulled over Kearse for driving the wrong way on a one-way street in January 1991. When Kearse couldn’t produce a valid driver’s license, Parrish ordered Kearse out of his vehicle and attempted to handcuff him.

A struggle ensued, and Kearse grabbed Parrish’s firearm, prosecutors said. Kearse fired 14 times, striking the officer nine times in the body and four times in his body armor. A nearby taxi driver heard the shots and used Parrish’s radio to call for help.

Parrish was rushed to a nearby hospital, where he died from the gunshot wounds, officials said. Meanwhile, police used license plate information that Parrish had called in before approaching Kearse to identify the attacker’s vehicle and home address, where Kearse was arrested.

Last week, the Florida Supreme Court denied appeals filed by Kearse. His attorneys had argued that he was unconstitutionally deprived of a fair penalty phase and that his intellectual disability makes his execution unconstitutional.

Final appeals were pending Tuesday before the U.S. Supreme Court.

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A total of 47 people were executed in the U.S. in 2025. Florida led the way with a flurry of death warrants signed by DeSantis, far outpacing Alabama, South Carolina and Texas which each held five executions.

Besides the two Florida executions this year, Texas and Oklahoma have each executed one person so far.

Two more Florida executions have already been scheduled for this month. Michael Lee King, 54, is scheduled to die on March 17, and the execution of James Aren Duckett, 68, is set for March 31.

All Florida executions are carried out via lethal injection using a sedative, a paralytic and a drug that stops the heart, according to the Department of Corrections.

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