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MARIJUANA MOMENT

FLORIDA LAWMAKERS APPROVE BILL TO PLACE THC LIMIT ON RECREATIONAL MARIJUANA
AHEAD OF POSSIBLE LEGALIZATION BALLOT VOTE


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POLITICS


FLORIDA LAWMAKERS APPROVE BILL TO PLACE THC LIMIT ON RECREATIONAL MARIJUANA
AHEAD OF POSSIBLE LEGALIZATION BALLOT VOTE

Published

1 day ago

on

February 1, 2024

By

Ben Adlin

With an adult-use marijuana legalization measure potentially headed for
Florida’s ballot this November, Lawmakers on the state’s House Healthcare
Regulation Subcommittee approved an amended version of a measure that would
preemptively limit THC in recreational cannabis products.

Before advancing the bill, HB 1269, the panel first adopted an amendment from
its sponsor, Rep. Ralph Massullo (R) significantly raising the proposed cap on
THC for marijuana flower to 30 percent, up from 10 percent in the bill as
originally introduced.

Members then voted 13–4 to report the bill favorably.

CDC says teen pot use declined in Washington after legalization

CDC says teen pot use declined in Washington after legalization
Marijuana use in teens in King County has drastically declined since it was
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“Due to a variety of reasons, we’re only at the beginning of understanding the
potential long-term benefits and harms of high-potency THC marijuana products,”
Massullo told subcommittee members, noting that his proposed limits “will only
take affect if the constitutional amendment is adopted.”

“I’m not going to tell you my opinion on recreational marijuana,” he said before
the panel vote, “but I will say this: We are tasked with keeping the public
safe. It’s important that we think about that with a long-term vision and not be
reactive.”



As more states have legalized marijuana and highly concentrated THC products
become more widely available, some have raised concerns about apparent
associations between high-THC products and mental health problems, especially in
developing brains.

In addition to the revised restriction on smokable marijuana, Massullo’s measure
would also impose a 60 percent THC limit on all other marijuana products and set
a 10-milligram THC serving size for edibles, with no more than 200 mg per
package.



Despite the subcommittee advancing the bill, some members expressed concerns
with the proposal.

The panel’s ranking Democrat, Rep. Robin Bartleman (D), said she was voting
against the bill because “I don’t believe we should be piecemealing this.”
Instead, she urged colleagues to prepare to adopt “a more comprehensive package”
that includes a suite of adult-use cannabis regulations.

“I’d rather wait and deal with everything at once,” Bartleman said.

Rep. Kelly Skidmore (D) expressed similar concerns. While she applauded the bill
for “being visionary and looking forward,” she said THC caps were just one of
the things lawmakers would need to address if voters approve recreational
marijuana.

“How are we going to regulate that? Who’s going to get those licenses? Is it
going to be in every convenience store?” she asked. “I think there are many,
many things that we need to talk about and discuss, and this is just a little
bit premature for me.”



Two other lawmakers said they had reservations but would nevertheless support
the proposal, especially in light of the increased THC cap on marijuana flower.

“Oftentimes, you know, people are driven to the illicit marketplace. It’s not
regulated at all,” said Rep. Gallop Franklin II (D), noting that hazardous
adulterants in unregulated products can cause more harm than THC itself.

Rep. Adam Anderson (R), another yes vote, said an unintended consequence of low
THC limits could simply be people consuming more marijuana “to get the effects
that they want”—a concept known as self-titration.



“They’re going to be smoking more and more of the plant, which might have other
additives and other materials that could potentially be harmful,” he said.

Anderson said he decided to support the amended bill because he felt it’s “our
responsibility as lawmakers to be proactive.”

“I commend your efforts to get ahead of this and being productive and sending
some guidance out to the industry of what this policy will look like,” he told
Massullo.

The bill, introduced by Massullo last month, would take effect 30 days after
voters pass any constitutional amendment to enact legalization.

Florida’s medical cannabis dosage limits, meanwhile,—which were revised under
controversial rules adopted in 2022, despite pushback from then-Agriculture
Commissioner Nikki Fried (D)—are not based on the percentage of THC in a given
product.



While the legalization measure itself has not yet officially qualified for
November’s ballot, Gov. Ron DeSantis (R) recently predicted a favorable legal
outcome for activists in the Supreme Court in the face of a challenge from the
attorney general who is seeking to block the vote.

“I think the court is going to approve that,” the governor said at his final
campaign event in New Hampshire last month, “so it’ll be on the ballot.”

Florida Attorney General Ashley Moody (R) has asked the court to invalidate the
measure, despite activists collecting nearly one million signatures for ballot
placement. The state official previously successfully petitioned justices
to prevent a 2022 legalization initiative from receiving voter consideration.



That won’t be the case this round, according to the governor. While he opposes
the reform—and pledged not to federally decriminalize marijuana if elected
president when he was running—he says voters will get a chance to decide on the
issue this time.

The state Supreme Court heard oral arguments in the case against the Smart &
Safe Florida campaign last November, but it has not issued a ruling yet. It will
need to do so by April 1.

DeSantis also weighed in on another relevant cannabis policy issue last week
when he separately told Murphy that he doesn’t believe the federal gun ban for
state-legal marijuana consumers is constitutional. Florida’s former agriculture
commission, Nikki Fried, brought a lawsuit against the Biden administration over
the rule, though the governor did not get involved.



The Florida Chamber of Commerce released a poll last month showing that the
reform proposal enjoys majority support from likely voters—but not quite enough
to meet the state’s steep 60 percent threshold for passage.

That said, other previous polls have found that voters are well positioned to
pass the legalization initiative with more than enough support. For example, the
University of North Florida put out a survey last month that showed 67 percent
of voters back the proposal.

The multi-state marijuana company Trulieve has contributed more than $40 million
to the Smart and Safe Florida campaign to date. The state attorney general has
accused the company of supporting the measure in order to have a “monopolistic
stranglehold” on the state’s cannabis market.

—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—



If approved, the measure would change the state Constitution to allow existing
medical cannabis companies in the state like Trulieve to begin selling marijuana
to all adults over 21. It contains a provision that would allow—but not
require—lawmakers to take steps toward the approval of additional businesses.
Home cultivation by consumers would not be allowed under the proposal as
drafted.

Adults 21 and older would be able to purchase and possess up to one ounce of
cannabis, only five grams of which could be marijuana concentrate products. The
three-page measure also omits equity provisions favored by advocates such as
expungements or other relief for people with prior cannabis convictions.

Economic analysts from the Florida legislature and DeSantis’s office estimate
that the marijuana legalization initiative would generate between $195.6 million
and $431.3 million in new sales tax revenue annually if voters enact it. And
those figures could increase considerably if lawmakers opted to impose an
additional excise tax on cannabis transactions that’s similar to the ones in
place in other legalized states.

But DeSantis has made clear he would not support the measure regardless of the
economic potential. He also recently suggested that the increase in Florida’s
medical cannabis patient population is partly due to people using the program as
a “pretext” for recreational use.

Last summer, a law enacted by the governor took effect that added restrictions
to medical marijuana advertising and manufacturing, prohibiting any products or
messages that promote “recreational” cannabis use, while adding more stringent
eligibility requirements for workers in the industry.



Additionally, the governor approved a bill in June that expressly prohibits
sober living facilities from allowing residents to possess or use medical
marijuana, even if the patient is certified by a doctor to legally use cannabis
therapeutically in accordance with state law. All other doctor-prescribed
pharmaceutical medications may be permitted, however.

He also signed legislation in July banning sales of any consumable hemp
products—including cannabis “chewing gum”—to people under 21, an expansion of an
existing prohibition on young people being able to purchase smokable hemp.

The organizer of a separate Florida ballot initiative to legalize home
cultivation of medical marijuana by patients recently withdrew the proposal,
explaining that the campaign raised barely more than $4,000 and couldn’t cover
costs associated with trying to qualify the measure.

In the legislature, meanwhile, a Florida Republican senator introduced a bill in
December to allow licensed medical cannabis businesses to take state tax
deductions that they are barred from claiming at the federal level under an
Internal Revenue Service (IRS) code known as 280E.

> Florida House Panel Passes Bill To Restrict Hemp-Derived Products Over
> Patients’ Objections



Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.

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Ben Adlin


Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and
other drug policy issues professionally since 2011. He was previously a senior
news editor at Leafly, an associate editor at the Los Angeles Daily Journal and
a Coro Fellow in Public Affairs. He lives in Washington State.



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