“This bill’s exact purpose is to eliminate 189,000 jobs, and 10,000 small businesses.”
By Mitch Perry, Florida Phoenix
Hemp entrepreneurs from across Florida made it twice to Tallahassee to oppose a proposed legislative bill that they claim poses a threat to their livelihoods.
The same time, many states across the country are enacting laws regarding the intoxication of hemp-derived cannabinoids. This has created a problem for both sides of the hemp debate.
The Florida hemp program was implemented in 2019 shortly after the 2018 farm bill passed. This made hemp production and distribution legal under federal law. It also allowed states to establish hemp programs. The farm bill defined hemp to be the cannabis plant. However, there was one important difference. Hemp cannot contain more than 0.3% of THC, which is the chemical in the plant that gets you high.
The hemp industry’s most profitable segment has been the production of biomass containing cannabidiol, a non-psychoactive compound that is believed to help with anxiety, stress, and inflation.
A new Florida House measure ( HB 1475), would restrict the amount of THC in hemp products not to exceed 5 mg per serving or 50 mg per package. It also prohibits the sale of those products to anyone younger than 21. According to the Senate version, such products should not exceed 0.5 mg per serving or 2 mg per package.
Completely ineffective
Both patients and vendors claim that these levels are too low, and that they would render hemp products such as gummies, CBD prerolls, oils and tinctures ineffective.
Shaina Ortiz is the CEO of Siesta G, a company based in eastern Hillsborough County.
“I work on approximately 1,000 mg of hemp-derived products per day. There are many different types of hemp-derived products. This bill essentially would knock out any form of hemp, CBD’s, HHC’s (hexahydrocannabinol), CBN (cannabinol). The entire plant.
Matt Schwarmann is the vice president at Outpost Brands, a Daytona Beach-based hemp manufacturer that employs 142 people. He says the current packaging limitations would eliminate “virtually all hemp products” from the market.
He says, “Every cartridge and vape would be gone, and gummies with such low efficacy doses of less than 5 mgs, that’s not enough to treat the majority of patients who use it for therapeutic purposes only”
They are not exaggerated, according to Nikki Fried (current chair of the Florida Democratic Party).
The former state Agriculture Commissioner stated to the Phoenix that the bill’s exact purpose was to eliminate 189,000 jobs, and 10,000 small businesses.
What about Delta-8?
The bill, which covers hemp products, makes it illegal for anyone younger than 21 years old to sell them. It also requires labeling, testing, packaging and labeling requirements for hemp-based products. Hemp products must be packaged in a way that is not attractive to children and minimizes exposure to high temperatures and light. There are limits on how much and what the products can be used.
This last provision is the most concerning.
The main product that legislators are trying to regulate is Delta-8. It is legal and has soared in demand in 2020 at CBD and hemp stores across the country.
The 2018 U.S. Farm Bill states that hemp and marijuana are both from the same plant species, but hemp must contain less than 0.3 percent THC, the main psychoactive ingredient responsible for the “high”. The FDA states that Delta-8 can also have psychoactive and intoxicating properties. However, those who have tried it claim it gives them a lighter, more relaxed feeling, which is perfect for people who don’t want the high from medical marijuana.
However, more than 20 states have restricted or banned Delta-8 use over the past two-years.
Wilton Simpson, Florida Agriculture Commissioner, said that “some will say this bill will end hemp industry.” He attended a press conference at the Capitol’s Department of Agriculture last week, next to photos of high-THC products discovered by agricultural inspectors in convenience stores.
“Let’s be clear, the current wild and wild west situation of selling anything to anyone is over will end. Simpson stated that we will close loopholes in state laws being used to sell recreational cannabis products.
The black market
Carlos Hermida, the owner and manager at Chillum Glass Gallery and Hemp Dispensary is based in the heart Ybor City, Tampa.
He, like many other hemp vendors who made their way to Washington state capital over the past two weeks says he supports the law’s restrictions on the sale of hemp products to only those 21 years old and the packaging requirements. He claims that the THC limits in hemp products will harm patients, particularly those who aren’t interested or unable to afford them, and they will force them to the blackmarket.
Hermida claims that his mother took half of a 12-milligram Gummy to aid her in the chemotherapy treatment she is undergoing to treat her lymphoma.
He recounts, “It was all she could do to get her to sleep at night. It is a small amount taken by a woman aged 70 just to help her sleep.” This bill would ban such a practice.
Will Robinson, Jr., who is the bill sponsor in Congress, said, “I want this bill to be called the’stay-in-your-lane’ bill.” He represents Manatee County. “You can have medical marijuana in one lane, and hemp in the other lane. The lanes have become mixed up and this bill just realigns them into two clear lanes.
Holly Bell, who was the first and only director of state cannabis, served as the Florida Department of Agriculture and Consumer Services’ (FDACS), from 2019 to 2022. She stated that the current 22 licensed medical marijuana companies in Florida have been permitted to drive in the hemp lanes for years, because they are able to sell hemp products.
“Do they have hemp companies? She says yes. I helped many of them get started. They’re in our lane and we can’t get into theirs.
Since introducing their legislation, Robinson and Lakeland Republican Colleen Burton ( SB 1676) have met with hemp vendors and these conversations seem to have led to some tangible results.
Robinson proposed this week that the product’s milligram count be increased to 5 mg per serving or 50 mg per package. His initial House bill required that THC levels in hemp products be kept below 2 mg per package and below.5 mg per dose.
It comes after Burton admitted at the first Senate committee meeting that she had not met with anyone from the industry. This raised concerns among some in the hemp industry.
“This is a Florida industry that has more than 100,000 jobs and more than $15 billion of economic activity. And lawmakers wrote a bill to wipe out the industry without speaking with one person in it.” Matt Schwarmann is the vice president of the hemp manufacturer.
Bell, who is now the vice president of regulatory affairs at Flora Growth, an internationally-respected cannabis company, said that it gives an unfair competitive advantage to medical marijuana licensees. The current legislative proposal is very similar to those that Curaleaf lobbyists for medical marijuana in the state pushed for two years ago. She was referring to both the House and Senate legislation related to regulation of hemp products.
Smoke and mirrors
Fried refers to the bill’s emphasis on safety as “smoke-and-mirrors”. He also says that if safety was the primary concern of lawmakers they could alter the packaging and age requirements or increase product testing.
The Legislature seems determined to work with other states to regulate and limit the amount of hemp that they can grow. A bipartisan proposal to reform Delta-8 in the context of a larger cannabis bill was defeated during the 2022 legislative session. This was a response to the inability of the federal government to monitor THC products.
According to The Hill, Senator Minority Leader Mitch McConnell said that hemp was “the big new thing” in the 2017 farm bill. It has not been as successful as we had hoped. There have been many challenges in getting guidance from the Food and Drug Administration.
House Rep. Robinson pointed out this week that states have recently set their own hemp limit in recent years.
According to Connecticut’s website, edible hemp products will contain 5 mg of THC per serving by 2021. This is what Robinson’s bill calls for.
According to Louisiana’s health department, serving sizes cannot exceed 8 mg per serving. A report by Marijuana Venture in 2021 states that THC must be a minimum of 5-10mg per serving and that there should be a limit per package of 50-100mg. Some states have much higher per-package limits than others, like Illinois (500 mgs) or Montana (800 mgs).
Some hemp industry officials gave evidence during the session, claiming that Trulieve, a Tallahassee-based medical cannabis company, is pushing the legislation. Trulieve owns 25% of all medical marijuana dispensaries in Florida and is the largest cannabis company in the country.
Trulieve officials say it’s absurd.
Steve Vancore, a spokesperson for the group, stated that “Reports about Trulieve’s participation in this bill” are false. “We are not taking a stance on it, have not engaged, nor are we otherwise involved.”
It seems that the public is voicing concerns.
Palm Beach House Republican Rick Roth stated that he does not want the hemp industry to go dark at the House Agriculture, Conservation and Resiliency Subcommittee Week this Monday.
Roth stated that he believes there is a dangerous precedent – it’s known as a medical marijuanamonopoly. We don’t want it. We want the hemp industry be able provide quality service to its customers. We don’t want all of it to end up in the black market.
Florida Phoenix published this story for the first time.
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Photo by Kimberly Lawson.
The post Florida Advocates Say Hemp Restrictions Bill Gives an ‘Unfair” Advantage to Medical Marijuana Companies originally appeared on Marijuana moment.
