'Operation Kandy Krush,' a covert program run by the Florida agriculture department, uncovered the widespread practice in convenience stores, gas stations and other outlets across the state.
Florida is cracking down on illegally marketing hemp-derived THC products to underage children. According to numerous local and national media outlets, the Florida Department of Agriculture (FDOA) conducted a statewide sweep known as 'Operation Kandy Krush' last week, where it identified 475 stores across 37 counties illegally marketing THC products derived from hemp to minors.
Florida Commissioner of Agriculture Wilton Simpson announced the results of the operation last Tuesday, explaining that the investigation focused exclusively on the illegal sale of hemp-derived THC items that are attractive to or marketed solely toward kids. The comprehensive and unprecedented action identified 68,689 packages of hemp extract products targeting children, according to FDOA officials.
Simpson said, "As part of our ongoing commitment to safeguarding Florida's children and consumers, we launched 'Operation Kandy Krush,' Florida's most extensive hemp inspection sweep ever. Today, we're proud to announce the results, as we've uncovered nearly 70,000 hemp products — including euphoric, high-potency THC products — specifically designed to appeal to children, a blatant violation of Florida Law."
"As part of our ongoing commitment to safeguarding Florida's children and consumers, we launched 'Operation Kandy Krush,' Florida's most extensive hemp inspection sweep ever. Today, we're proud to announce the results, as we've uncovered nearly 70,000 hemp products — including euphoric, high-potency THC products — specifically designed to appeal to children, a blatant violation of Florida Law."
- Florida Commissioner of Agriculture Wilton Simpson
Since the passage of the 2018 Farm Bill, which legalized the cultivation of hemp as well as the manufacture, distribution and sale of hemp-derived products, some less-than-scrupulous manufacturers and retailers have exploited a loophole in the state's hemp statutes to produce and sell high-potency hemp products like synthetic delta-8 THC for consumption without restrictions, including to minors.
To appeal to children, some of the packaging resembles familiar children's treats like Nerds, Life Savers and Skittles. "If you look up the packaging and see [it]. You'll see how disgusting it is because this is completely targeting children," said Simpson.
To attack the widespread proliferation of these products, Simpson and his office teamed up with state Sen. Colleen Burton and Rep. Will Robinson to draft legislation reform for Florida's hemp laws during the 2023 legislative session. That law (SB 1676), which went into effect this past July 1, bans the sale of THC products to anyone under 21. In addition, the measure also prohibits items containing hemp-derived THC from being in the shape of cartoons or animals. Furthermore, those products' packaging cannot look like actual candy brands.
Following the bill's passage, Sen. Burton said, "Floridians should feel safe with products being sold in our state. They should have confidence knowing hemp extract products are not marketed in a way that may be confusing or misleading for children who may mistake it for candy. I am taking on this issue as a concerned citizen and grandparent myself, and I look forward to working with all interested parties to ensure hemp products are regulated in a manner (that) allows for robust commerce."
"Floridians should feel safe with products being sold in our state. They should have confidence knowing hemp extract products are not marketed in a way that may be confusing or misleading for children who may mistake it for candy. I am taking on this issue as a concerned citizen and grandparent myself, and I look forward to working with all interested parties to ensure hemp products are regulated in a manner (that) allows for robust commerce."
- Florida State Senator Colleen Burton
Of the 475 outlets identified for violating the new statute, 139 were in the Tampa Bay area. The stores were issued warnings for the time being. However, officials required them to destroy all of their illegal inventory immediately.
The operation was the FDOA's largest inspection sweep of food establishments marketing items containing hemp-derived extracts. Moreover, it tangentially coincided with a similar action on the part of the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) this past July 6, when the two agencies sent cease and desist letters to six companies selling delta-8 THC products "in packaging that is almost identical to many snacks and candy children eat."
In that case, the two regulatory agencies teamed up to target the six businesses for unlawfully marketing "copycat" delta-8 THC items that were intentionally and misleadingly packaged to mimic popular brands like Jolly Ranchers, Doritos, Nerds Candy and Cheetos.
Following the issuance of the letters, FDA Principal Deputy Commissioner Janet Woodcock said in a press release, "Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized after eating 'edibles' containing it. That's why we're issuing warnings to several companies selling copycat food products containing delta-8 THC, which can be easily mistaken for popular foods that are appealing to children and can make it easy for a young child to ingest in very high doses without realizing it."
"Children are more vulnerable than adults to the effects of THC, with many who have been sickened and even hospitalized after eating 'edibles' containing it. That's why we're issuing warnings to several companies selling copycat food products containing delta-8 THC, which can be easily mistaken for popular foods that are appealing to children and can make it easy for a young child to ingest in very high doses without realizing it."
- FDA Principal Deputy Commissioner Janet Woodcock
Florida's massive sting operation comes at a time when many states are passing their own laws to clamp down on the largely unregulated synthetic hemp derivatives market. With numerous cases of minors falling ill after ingesting items containing hemp-derived THC, there is a definite need for common-sense regulations.
However, the response must be measured so as not to overcorrect the industry and unnecessarily punish law-abiding small and medium-sized hemp entrepreneurs. Hopefully, the offenders in the Florida operation will get the message and adhere to the law moving forward.
There is no place for businesses targeting children in the hemp or cannabis industries. Both are too big and too important to let a handful of bad actors sully the burgeoning futures of either.
