Before a possible Florida marijuana legalization referendum on the November ballot, a Republican legislator has preemptively submitted a bill which would limit the THC potency of the drug if the reform was approved by the voters.
Rep. Ralph Massullo, (R), introduced the bill on Friday. It proposes a THC limit that’s significantly lower than those available in most states markets. The law would go into effect 30 days following the passage of any constitutional amendment that legalizes marijuana.
The bill would limit the amount of THC in cannabis products intended for smoking to 10 percent and limit it to 60 percent for other forms such as extracts. Edibles cannot contain more than 200 mg of THC and each serving can only contain up to 10 mg.
If implemented, this would cause serious logistical and business problems for adult-use markets. Consumers, advocates, and other stakeholders will likely push back if it is implemented. The average cannabis flower sold in a recreational retailer or medical marijuana dispensary is typically around 20-30% THC.
This is also true for Florida’s medical cannabis market. Massullo’s bill, which only addresses “potency limits for personal use by adults,” could cause further confusion because it would have two sets of THC regulations for consumers and patients.
Florida’s medical marijuana dosage limits, which were revised in 2022 under controversial rules despite opposition from then-Agriculture commissioner Nikki Fried, are not based on THC content.
The new legislation, which is aimed at recreational marijuana users, also has a complex definition that specifically refers to marijuana “dispensed by a caregiver or patient”:
“‘Potency’ means the relative strength of cannabinoids, and the total amount, in milligrams, of tetrahydrocannabinol as the sum of delta-9-tetrahydrocannabinol, plus 0.877 multiplied by tetrahydrocannabinolic acid, plus delta-8-tetrahydrocannabinol and cannabidiol as the sum of cannabidiol, plus 0.877 multiplied by cannabidiolic acid in the final product dispensed to a patient or caregiver.
It is clear that the bill targets the legalization initiative, which may or may not appear on the ballot this year, depending on what the state Supreme Court decides in a current case.
The Florida Attorney General Ashley Moody is leading a legal action to invalidate a reform measure that was part of the Smart & Safe Florida campaign, which had already collected over one million signatures in order to qualify to be on the ballot.
In November the court heard both parties’ oral arguments, but the outcome of the initiative is still uncertain.
The ballot measure doesn’t set a cap on THC potency. The bill by Massullo, therefore, would undermine the initiative before the voters have a chance to decide.
The legislation also reminds me of the proposals put forth by Ohio Republican legislators late last year, after voters there approved a measure to legalize marijuana. The Ohio governor and legislative leaders are working to amend the new Cannabis Law . THC potency limitations have also been floated.
In Florida, two paid canvassers were arrested last month on charges of , allegedly falsifying petition signatures in order to place a marijuana legalization measure on Florida’s ballot for 2024.
A poll released last month found that nearly seven out of 10 registered Florida voters support the marijuana legalization reform. Majorities in every demographic were also in favor.
Trulieve, a multi-state marijuana firm, has donated over $39 million so far to the Smart & Safe Florida Campaign. The state attorney has accused Trulieve of backing the measure to gain a monopolistic stranglehold on the cannabis market in Florida.
The measure, if approved, would amend the state Constitution so that existing medical cannabis companies like Trulieve in the state could begin selling marijuana for all adults older than 21. The measure contains a clause that allows, but does not force, lawmakers to move forward with the approval of new businesses. The proposal would prohibit home cultivation by consumers.
Adults aged 21 or older could purchase and possess cannabis up to an ounce, of which only five grams would be marijuana concentrates. The three-page document also excludes equity provisions that are favored by supporters, such as expungements and other reliefs for people who have prior cannabis convictions.
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Separately economists from the Florida Legislature and Gov. Ron DeSantis, a Republican, estimates that voters would generate new sales tax revenues of between $195.6 and $431.3 millions if the marijuana legalization measure is passed. These figures could rise if lawmakers decide to impose a similar excise tax to those in place in other states that have legalized cannabis.
The governor is running to be the Republican nominee for president in 2024. He has been vocal about his opposition to this policy change. Last summer, he said that , if elected, he would not decriminalize marijuana at the federal level.
He has also suggested recently that the growth in Florida’s medical marijuana patient population may be due to users using the program as “pretexts” for recreational use.
DeSantis also signed a law that went into effect this summer. It added restrictions on medical marijuana advertising and manufacturing. This included prohibiting products or messages which promote “recreational cannabis use” while increasing the eligibility requirements for industry workers.
In June, the Governor approved a bill that explicitly prohibited sober living homes from allowing their residents to possess or to use medical marijuana. This is true even if a patient has been certified by a physician to use cannabis legally therapeutically according to state law. But all other pharmaceuticals prescribed by doctors may be allowed.
In July , he signed a law prohibiting the sale of all consumable hemp products — including cannabis “chewing-gum” — to anyone under 21. This is an extension of a previous prohibition against young people purchasing smokable hrd.
The organizer of , a separate Florida ballot measure to legalize medical marijuana cultivation by patients withdrew their proposal recently. They explained that the campaign had raised only a little more than $4,000 but could not cover the costs of trying to qualify this measure.
A Florida Republican Senator introduced a bill in the legislature last month that would allow medical cannabis businesses licensed to do business to claim state tax deductions, which they cannot claim at the federal level due to an Internal Revenue Service code (IRS) known as 280E.
Wisconsin’s Governor Says he’ll Sign a Limited GOP Medical Marijuana Act, Unless it Includes ‘Poison Pills.’
Photo by WeedPornDaily.
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