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Local News


DESANTIS MOVING TOWARD VETOING BILL THAT WOULD REGULATE SALE OF CANNABIS
PRODUCTS IN FLORIDA

By Jim DeFede

Updated on: May 30, 2024 / 6:34 PM EDT / CBS Miami

 * 
 * 
 * 

CBS News Miami

MIAMI - At the same time Governor Ron DeSantis has come out against a
constitutional amendment to legalize marijuana in Florida, he is likely to throw
an unexpected lifeline to the hemp industry by vetoing a bill that would
regulate and limit the sale of cannabis products such as Delta 9, according to
four sources familiar with the discussions inside the governor's office.

If signed into law, Senate Bill 1698 would restrict the sale of THC products,
such as Delta 9. It would also prohibit the manufacturing and sale of the
increasingly popular and more potent products containing Delta 8 and Delta 10.
Hemp supporters have said that if the bill became law, it would decimate the
hemp industry, throw thousands of people out of work, and cost the state
billions in revenue.



By vetoing the bill, and thereby keeping the hemp industry alive in Florida,
DeSantis would be adopting a strategy akin to "the enemy of my enemy is my
friend." According to those familiar with his thinking, DeSantis is counting on
the hemp industry to finance the campaign against Amendment 3, which would
legalize recreational marijuana for anyone 21 and older.

"It's been flying under the radar, but he's going to veto," said one official,
who like others interviewed for this story requested that their name not be used
for fear of angering the governor. "The marijuana people are furious, and they
are scrambling."

"There was never a thought the Governor would veto the bill," said a second
source. "But they are now signaling that they are going to veto, and I think it
would be fair to say he is leaning toward a veto."

A third source who supports the hemp bill and is frustrated by the governor's
possible maneuvering, noted: "I don't know how you can be against recreational
marijuana and be in support of hemp. It doesn't make sense, unless what you are
really looking for is money from the hemp industry."

A spokesman for the Governor declined to comment, noting that they will inform
the public when a decision is made.

Although the average person may not realize it, the hemp industry and the
marijuana industry are two distinct entities that are bitter rivals throughout
Florida.



Hemp and marijuana both come from the cannabis plant.

Hemp products are made from male plants that have lower levels of THC, the
chemical compound in the plant which creates the euphoric, psychoactive effects.

Marijuana comes from the female plant and has a much higher level of THC.

In 2016, Florida voters approved medical marijuana. To receive marijuana, a
person has to be diagnosed by a doctor with a specific ailment, the marijuana
needed to be sold through a licensed dispensary, and anyone with a medical
marijuana card needs to be part of a registry. In 2023, the marijuana industry –
which is controlled by a handful of companies in Florida - had approximately $2
billion in sales.

In 2018, the United States Congress, through the Farm Bill, made hemp products
legal with little regulation. As a result, the hemp industry exploded, with
thousands of people growing hemp, fueling the proliferation of so-called "smoke
shops" or "hemp shops" across the state which sell a variety of hemp products,
the most popular of which have been Delta 9 and Delta 8 gummies.



Because of a loophole in federal law, the potency of these hemp products, which
was supposed to be limited, could be far higher than they are advertised to be.
And since buying hemp products does not require a person to obtain a doctor's
note or be part of a registry, the sale of hemp products exploded across the
country. In Florida, it was estimated to have generated $10 billion in sales in
2022 – nearly five times the sale of medical marijuana.

Critics of hemp argue because there is little regulation and testing, hemp
products can contain dangerously high levels of THC as well as other hazardous
substances such as lead and mercury. And because it is available in so many
locations – including gas stations and convenience stores – they can work their
way into the hands of children.

"If he vetoes the bill, he runs the risk of more kids overdosing and ending up
in emergency rooms," said a hemp critic. "And that will piss off a lot of moms.
So, there is a risk to vetoing the bill."

The fight between hemp and marijuana has made for some strange and interesting
bedfellows. The chair of the Republican Party of Florida, Evan Power, is the
leading lobbyist for the hemp industry. And the chair of the Florida Democratic
Party, Nikki Fried, was one of the leading proponents of hemp when she served as
the state Agriculture Commissioner.



"I've had conversations with staff on the bill," Power told CBS Miami. "And he
is moving toward a decision. And we hope he doesn't sign it."

Fried told CBS Miami: "Expanding access to cannabis is a non-partisan issue with
broad support in Florida. Hemp products provide relief to millions of Floridians
— including veterans, seniors, and patients with chronic pain. Any attempts at
regulation should protect consumers, while considering the impact on
accessibility for patients and the ability of small businesses to compete."

CBS Miami has learned that late last week, DeSantis's chief of staff, James
Uthmeier, called the sponsor of the hemp bill, Senator Colleen Burton, to inform
her the Governor was going to veto the bill. According to two sources, Burton
became irate and lambasted Uthmeier prompting him to tell the senator they would
take a second look at the bill.

"She pushed back pretty hard," said one person briefed on the call.

Burton declined to comment on the call, telling CBS Miami, "The Governor is in
the process of reviewing the bill."



Under legislative rules, before the Governor can either sign or veto a Senate
bill, it must be formally "transmitted" to him by Senate President Kathleen
Passidomo. As of Thursday afternoon, Passidomo was still holding onto the bill.
"The Senate has held off sending him the bill to try and convince him to sign
it," one source said.

Despite these efforts, there is a growing expectation he will issue a veto.

"The governor wants to kill the marijuana amendment," said another source
familiar with the discussions. "[By vetoing the hemp bill] he's trying to do the
calculation that would help him kill the amendment."

By vetoing the hemp bill, he can keep the people using Delta 9 and Delta 8
happy, which will make them less motivated to vote for the marijuana amendment.
If he signs the hemp bill, then the only alternative for those folks will be to
legalize marijuana, which could spur them to vote for the amendment.

"The veto is for voters and money – keep people from feeling the need to vote
for marijuana and get the hemp industry to contribute the money to help fight
the amendment," the source said.



Ironically, the person added, if the marijuana amendment fails in November,
there would be nothing stopping DeSantis from turning around in the next session
to resurrect the hemp bill and kill the industry.

If the governor vetoes the hemp bill, he could cite a variety of reasons.

Veterans and gun owners have been lobbying the governor's office to keep hemp
products available to them because under federal law, if they apply for and
receive a medical marijuana card, they are prohibited from purchasing a firearm.

Supporters of Charlotte's Web – a non-euphoric version of hemp that has been
used to treat children with epileptic seizures in Florida since 2014 – have been
arguing SB 1698 would also outlaw the products they use for their children. The
Governor could use the fears of parents as an excuse to veto the bill, even
though Burton and others have made clear SB 1698 does not ban Charlotte's Web
products. 

Another possible rationale the Governor could use to veto the bill is over the
issue of smell. The governor has made the cornerstone of his campaign against
marijuana the noxious odor that would come from people smoking marijuana.



DeSantis told reporters recently, "Look what's happened in Denver, Colorado.
Look what's happened in Los Angeles, New York City. You know, I've talked to
people that have moved from New York and they're like, they used to have, you
know, an apartment somewhere and it used to (smell differently). Now, what does
it reek of? It reeks of marijuana. I don't want the state to be reeking of
marijuana."

(What DeSantis fails to mention, however, is that if the amendment were to pass,
the Legislature could place restrictions on smoking marijuana, opting instead
for ingestible forms of marijuana – cookies, gummies, and chocolates.)

DeSantis could also veto the bill saying the state should wait and see if voters
approve amendment 3, and then call on the legislature to deal with both measures
– marijuana and hemp - in the 2025 legislative session.

"We should have a decision soon," said one of the sources.


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   In:
 * Marijuana
 * South Florida
 * Breaking News
 * Ron DeSantis
 * Florida

Jim DeFede

Jim DeFede joined CBS4 News in January 2006 and serves as an investigative
reporter for the station, as well as host of its Sunday morning public affairs
program "Facing South Florida."

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First published on May 30, 2024 / 5:19 PM EDT

© 2024 CBS Broadcasting Inc. All Rights Reserved.

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