Gaus and Bernstein Explain Florida Emergency Edible Rules

Shook Associates Edd Gaus and Matt Bernstein have written "Looking To The Future – Florida’s Emergency Edible Rules Provide An Opportunity For Profits – And Perils" for Cannabis Business Executive, explaining Florida's emergency rules allowing cannabis edibles, which were enacted in August 2020 and renewed in November. "Manufacturers looking to charge into this new market should exercise caution," they note. "At first glance, the emergency rules may seem daunting, but companies seeking to join the cannabis edibles market should expect to confront similar regulations not only in Florida but also in other states throughout the country. By learning from the evolution of cannabis regulations—both in Florida and the rest of the country—edibles manufacturers will position themselves to avoid potential civil and criminal penalties in the future."

Gaus and Bernstein provide guidance on the Florida laws and explain how they fit into the large patchwork of edibles laws across the United States. "Colorado, Washington, and California, among others, have implemented similar rules concerning potency, labeling, and packaging that also focus on preventing cannabis from falling into the hands of children. Despite the presence of nuanced and detailed regulatory schemes, edibles sales in Colorado, Washington, and California continue to increase. Should Florida’s short-term edibles sales show similar promise—without widespread regulatory and compliance issues from participants—the appetite for future edibles sales will only gain momentum."