A bill capping the level of delta-9 THC in the event voters decide to legalize adult-use marijuana moved forward by a 13-4 vote in its first House stop in the Healthcare Regulation Subcommittee.
But the bill is watered down from its original filing when it comes to flower.
After an amendment adopted in committee, Rep. Ralph Massullo's bill (HB 1269) would limit the psychoactive compound to a 30% level in pre-rolls and whole buds, well above the 10% level in the original bill.
In processed substances, such as vapes, shatter and wax, the cap would be 60% delta-9 THC if this bill passes. For practical purposes, that likely would drive marijuana vendors to add other psychoactive isomers, including delta-8 and delta-10 THC and variants thereof, along with hexahydrocannabinol.
"We're only at the beginning of understanding the benefits and harms of high-potency THC products," Massullo said in introducing this bill, which he argued in his close wasn't a "preemption" of the rights of the voters, but a sign the Legislature would "protect" the public and the medical marijuana program. Medical products wouldn't change in this bill.
The Massullo bill contemplates a two-track market that offers incentive for people to retain their medical marijuana cards, which include license removals and medical consultations every seven months, in the context of the citizens' initiative.
"Currently licensed MMTCs would be eligible to acquire, cultivate, process, manufacture, sell, and distribute adult personal use marijuana products if the ballot initiative were to pass. The THC concentration of the products currently offered by MMTCs varies by the route of administration from .4% to 90% THC."
This law would take effect 30 days after November's election, in the event that an amendment to the state constitution authorizing adult personal use of marijuana makes the 2024 ballot and is passed, as legally required, with at least 60% of the vote.
That ballot language is up for Supreme Court review.
Polling offers contrasting takes about where voters might land on this, if they get a chance to weigh in.
A Mason-Dixon survey suggests the amendment would have 50% support on the ballot, which would ensure it falls short of ratification. However, other measures indicate support well above the 60% threshold for passage. Notably, a poll conducted by the University of North Florida found 70% of Floridians either "strongly" or "somewhat" legalizing recreational use for people over 21, with 29% either "strongly" or "somewhat" opposed.
Smart & Safe Florida already has more than a million verified signatures, meeting the threshold needed for ballot inclusion should the Supreme Court back its position. The committee has raised more than $39 million, almost entirely from Trulieve, the leading dispensary chain in the state in terms of number of storefronts.
During his first term, Gov. Ron DeSantis didn't back caps for the medical product when a proposal was advanced, though that was a 10% THC cap on flower at the time. He has sent mixed signals on cannabis since, voicing objections to the "stench" of legalized weed, but acknowledging he expected the citizens' initiative to be on the ballot.
This bill has an uncertain path even if it makes it through the House, however, as there is no Senate companion legislation. So even though legislators from both parties offered cautionary tales about cannabis abuse in support of the caps, this marijuana measure may be message legislation in the end.
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