Florida Moves to Set THC Caps Ahead of Marijuana Legalization Vote

The Florida House Health and Human Services Committee recently passed a bill setting forth THC potency limits on recreational marijuana, anticipating a legalization referendum potentially appearing on the November ballot.

This proposed law seeks to cap THC levels at 30{a626783899183749863f8858f4408a4acbf83ba6bbf5803e595d0a50513bff7c} for adult-use cannabis flower and 60{a626783899183749863f8858f4408a4acbf83ba6bbf5803e595d0a50513bff7c} for other cannabis products. It also proposes serving sizes for edibles to be capped at 10 milligrams of THC, with a maximum of 200 milligrams per package. Additionally, an amendment was accepted to limit the size of cannabis vape cartridges to one gram and to eliminate a provision that would end the existing medical cannabis law six months after any marijuana amendment is ratified.

Representative Ralph Massullo (R), who introduced the bill, emphasized the importance of understanding the long-term impacts of high-potency THC cannabis use and the necessity for legislative measures to safeguard the public.

Originally, Massullo proposed a 10{a626783899183749863f8858f4408a4acbf83ba6bbf5803e595d0a50513bff7c} THC limit for cannabis flowers, which was later adjusted to 30{a626783899183749863f8858f4408a4acbf83ba6bbf5803e595d0a50513bff7c} after discussions in a subcommittee. The Senate is concurrently considering similar legislation regarding marijuana potency.

These discussions occur amidst debates on Florida’s medical cannabis dosage limits, revised in 2022 amid opposition, including from then-Agriculture Commissioner Nikki Fried (D), which do not correlate with THC percentage.

With the legalization proposal yet to secure a spot on Florida’s November ballot, Governor Ron DeSantis (R) has recently predicted a positive ruling from the Supreme Court against a challenge led by Attorney General Ashley Moody (R), who aims to prevent the vote. DeSantis, who previously opposed marijuana reform, acknowledged that voters might have the opportunity to voice their opinion on this matter.

Moreover, DeSantis questioned the constitutionality of the federal firearm prohibition for individuals legally consuming marijuana in their state, echoing a concern raised by Florida’s former agriculture commissioner in a lawsuit against the Biden administration.

Recent polls reveal varying levels of support for the legalization initiative, with a Florida Chamber of Commerce survey indicating less than the required 60{a626783899183749863f8858f4408a4acbf83ba6bbf5803e595d0a50513bff7c} approval for passage. However, other studies, like one from the University of North Florida, show a 67{a626783899183749863f8858f4408a4acbf83ba6bbf5803e595d0a50513bff7c} approval rate among voters.

The campaign for legalization, heavily backed by Trulieve with contributions exceeding $40 million, faces criticism from the state attorney general for purportedly seeking to monopolize Florida’s cannabis market.

In related developments, Florida legislators are also moving forward with bills to regulate consumable hemp products and to exempt service-disabled military veterans from medical marijuana registration and renewal fees.