Florida Appeals Court Hands Hemp Retailer A Loss In Fight Against State Regulators

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Florida Appeals Court Hands Hemp Retailer A Loss In Fight Against State Regulators

A view from the ground of the hemp experiment at UF/IFAS Tropical Research and Education Center in Homestead, FL. Here, researchers planted acres of a popular hemp variety known as Wife. Photo by Zachary Brym.
A view from the ground of the hemp experiment at UF/IFAS Tropical Research and Education Center in Homestead, FL. Photo by Zachary Brym.

A Florida appellate court has sided with state agriculture officials in a legal battle that centered on how the state regulates hemp-derived products. In a brief order issued Tuesday, the Fifth District Court of Appeal affirmed a previous administrative ruling against Exspo Retail, LLC, which operates under the brand name Chronic Guru.

The case, which has been closely watched by Florida’s burgeoning hemp industry, originated from a dispute between the retailer and the Florida Department of Agriculture and Consumer Services (FDACS). Chronic Guru had challenged the department’s enforcement actions and specific rule-making procedures, seeking to block certain restrictions on their business operations.

Administrative Law Judge Brandice Davidson Dickson had previously ruled in favor of the state, a decision that the retailer sought to overturn.

However, the three-judge panel—comprised of Chief Judge Jay and Judges Wallis and Lambert—offered a “per curiam” decision, meaning they collectively agreed to uphold the lower ruling without issuing a lengthy written opinion to explain their reasoning.

The legal friction stems from Florida’s evolving landscape regarding “alternative” cannabinoids. As the state moves to tighten oversight on products that often occupy a legal gray area between industrial hemp and regulated medical marijuana, businesses like Chronic Guru have argued that the FDACS has exceeded its authority.

The department, meanwhile, maintains that strict standards are necessary to ensure consumer safety and product consistency.

This ruling marks a significant win for the Department of Agriculture, reinforcing its power to enforce administrative rules over hemp shops. For Chronic Guru and its legal team at Baker Donelson, the options are narrowing. While the court’s decision is currently standing, it remains “not final” until the window for any rehearing motions—standard in Florida appellate procedure—has closed.

As of now, the decision stands as a signal to the industry that the state’s regulatory grip on hemp retail remains firm under current Florida law.

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