10% THC cap in Florida
10% THC cap in Florida

When Conservatives Regulate Cannabis - Florida Bill Would Cap THC at 10% on Smokable Marijuana

Capping THC has never been a good idea or worked out well, so why is Florida trying to do it?

Posted by:
HighChi on Thursday Jan 18, 2024

thc cap in Florida at 10%

On January 5, Florida Representative Ralph Massullo introduced House Bill 1269, which underwent its initial reading on January 9. If approved, this legislation aims to establish restrictions on the potency of cannabis products, particularly in the event of the legalization of adult-use cannabis.


The proposed bill outlines stringent limitations for smoking products, concentrates, and edibles. According to the original filed version, marijuana intended for personal use must not exceed a tetrahydrocannabinol potency of 10%, whether measured by weight or volume, for smoking products. Additionally, for all other forms of marijuana, excluding edibles, the final product must not surpass 60% tetrahydrocannabinol. In the case of edibles for personal use, the bill specifies that they must not contain more than 200 milligrams of tetrahydrocannabinol, and each serving portion of an edible should not exceed 10 milligrams of tetrahydrocannabinol.


Massullo's Proposed Potency Limits and Other Legislative Developments


Massullo suggests considerably lower potency percentages than those seen in other state's potency limitations. Furthermore, the word "potency" is defined in detail in the text of HB-1269, involving both the total milligrams of tetrahydrocannabinol and the relative potency of cannabinoids. When a patient or caregiver receives the finished product, this contains the total of delta-9-tetrahydrocannabinol plus 0.877 multiplied by tetrahydrocannabinolic acid, as well as delta-8-tetrahydrocannabinol and cannabidiol, which is the total of cannabidiol plus 0.877 multiplied by cannabidiolic acid.


Several other bills have been proposed for the 2024 legislative session in Florida. House Bill 1435 aims to establish "Registry Identification Cards" for military veterans. House Bill 1497 seeks to exempt specific applicants from medical cannabis treatment center licenses. Meanwhile, Senate Bill 94 suggests reduced penalties for individuals possessing 20 grams of cannabis or less for the first three violations, and Senate Bill 166 proposes protections for medical cannabis patients who are public employees.


Massullo envisions that the legalization of adult-use cannabis is imminent in Florida, particularly with the 2024 ballot approaching later this year. Smart & Safe Florida, an initiative that was announced in June 2023, claims to have gathered enough signatures to qualify for the ballot in the upcoming election.


Trulieve's Support and Smart & Safe Florida's Legal Battle


The primary financial support for the campaign is derived from the multistate entity Trulieve. In a statement, Trulieve CEO Kim Rivers emphasized the company's commitment to consumers, stating, "Our investment reflects our strong belief that Floridians are ready to enjoy the freedom of using cannabis for personal consumption—a liberty currently embraced by over half of America's adults." Rivers expressed enthusiasm over the campaign reaching a significant milestone with over 965,000 validated signatures from across the state, indicating widespread support. The goal is to have the initiative on the ballot in the upcoming November election.


However, the initiative faced opposition from Florida Attorney General Ashley Moody shortly after gathering sufficient signatures. Smart & Safe Florida, the organization behind the initiative, defended the petition language, emphasizing its conservative drafting with the guidance of the court. They anticipated the court's adherence to a deferential standard of review, asserting that the language strictly complies with the law and the Florida constitution, providing voters with the opportunity to decide on the matter.


The Florida Supreme Court will hear oral arguments in November 2023. In a statement released after the hearing, Smart & Safe Florida expressed confidence that the wording was written in compliance with the court's stated requirements. The group is hoping that the court would acknowledge the stern adherence to the law, allowing Florida's residents to exercise their sovereign right to vote on a proposed constitutional amendment. The case has not moved further as of yet, therefore it is unclear what will happen to Smart & Safe Florida's effort.


Support for Cannabis Legalization and the Struggle for Grassroots Initiatives


As per data furnished by the University of North Florida's Public Opinion Research Lab, 67% of survey respondents expressed their support for the legalization of adult-use cannabis in Florida. In contrast, only 28% indicated a negative stance, while 5% either did not know or chose not to respond to the question.


Recently, another 2024 ballot initiative related to cannabis, which aimed to permit medical cannabis patients to cultivate their plants at home, was terminated. In late December 2023, activists associated with a group named Wise and Free declared the withdrawal of the initiative, citing insufficient signature collection. Advocate Moriah Barnhart commented on the challenges faced, stating, "The legislators are continually making it more challenging for us to pass constitutional amendments, favoring giant conglomerates and large corporations, leaving us at a disadvantage."


The initiative necessitated 900,000 signatures, and the group also lacked the essential funding to effectively run the campaign. Barnhart elaborated, "Anticipating potential charges in the millions for late petitions, I couldn't take the personal responsibility for those fees—particularly when donations weren't keeping pace with expenses, let alone additional costs. Now, it seems that only billion-dollar companies and conglomerates have a voice in shaping Florida law."


Public Response, Advocacy Concerns, and Industry Support

The unveiling of House Bill 1269 has prompted a diverse array of reactions from the public, including both staunch cannabis advocates and concerned citizens. Advocacy groups are voicing reservations regarding the proposed THC caps, emphasizing the potential limitations these restrictions may impose on the medicinal benefits of cannabis. Critics argue that patients requiring higher potency strains for specific medical conditions could face challenges accessing the most effective treatments. As the bill advances through the legislative process, the engagement of advocacy groups and the general public becomes integral to ensuring that the final regulations strike a balance between public health considerations and the therapeutic needs of patients.


Simultaneously, the notable endorsement of House Bill 1269 by major cannabis entity Trulieve adds an intriguing dimension to the unfolding narrative. Trulieve's CEO, Kim Rivers, underscores the company's commitment to consumer freedom and signals confidence in the readiness of Floridians to embrace personal cannabis consumption. However, questions loom about the potential ramifications for the cannabis industry, as the proposed THC limits may reshape market dynamics. The intersection of public sentiment, advocacy efforts, and industry reactions will undoubtedly play a pivotal role in shaping the final contours of cannabis regulations in Florida.


Bottom Line


In Florida's evolving cannabis landscape, House Bill 1269, proposing a 10% cap on smokable THC products, has elicited a multifaceted response encompassing advocacy concerns, public sentiments, and industry dynamics. The bill's stringent THC limitations have prompted cannabis enthusiasts and advocacy groups to express reservations about potential restrictions on medicinal benefits, emphasizing the importance of balancing public health considerations with patients' therapeutic needs. Concurrently, the notable endorsement of the bill by cannabis entity Trulieve raises questions about its potential impact on the industry, hinting at a changing market landscape. Against this backdrop, the legal battles faced by initiatives like Smart & Safe Florida and the challenges encountered by grassroots movements underscore the complexities of shaping cannabis policies in Florida, where the outcome remains uncertain pending the Florida Supreme Court's decision and the forthcoming November election.





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