A bill that would restrict THC levels on all recreational marijuana products in Florida was advanced by Republicans in the state House of Representatives on Feb. 1.
Florida’s Medical Marijuana Treatment Centers (MMTC)—or dispensaries—and “other state-licensed entities” will be allowed to sell recreational marijuana if the amendment passes.
However, it does not explicitly require the legislature to issue new MMTC licenses to keep pace with increased demand if Florida opens its marijuana industry to all residents over 21 and its massive tourism industry.
While the sponsors received enough signatures for ballot placement, the Florida Supreme Court has until April 1 to decide if it reaches voters on Nov. 4.
Raw marijuana “flower,” or “bud,” which is commonly smoked or vaporized, could not have THC levels exceeding 10 percent in the original bill. Many strains of marijuana “flower” have THC levels that reach 30 to 35 percent.
The bill also caps THC in marijuana concentrates, such as hashish, distillate, or resin, at 60 percent. THC levels in some concentrates can reach over 95 percent, depending on the product.
Lastly, if the bill becomes law, packages of marijuana edibles cannot exceed 200mg of THC, while single portions, or doses, cannot exceed 10mg of THC.
The bill was amended on Feb. 1 during a floor debate in the Healthcare Regulation Subcommittee to raise the THC cap on “flower” to 30 percent instead of 10 percent.
Regardless, the proposed caps would have no effect on products sold to patients with valid medical marijuana cards in the state, allowing for two markets to exist side-by-side.
HB 1269 passed through committee 13–4 and will face a vote from the rest of the Florida House before becoming law.
While this bill is unique in regulating a hypothetical recreational marijuana market in Florida, it is not the first time the legislature has tried to impose THC caps.
HB 1455 in 2021 tried to impose the same THC caps on medical marijuana, but it failed.
Other states, such as Vermont, imposed a 30 percent THC cap on its recreational marijuana “flower” and a 60 percent cap on concentrates.
Texas passed the Compassionate Use Act in 2015 to legalize “low THC” products for patients with certain medical conditions, including epilepsy.
Products must have less than one percent THC to qualify as “low THC” in Texas’ program.
The state currently lacks commercial sales of both medical and recreational marijuana products, but the cities of Austin, San Marcos, Killeen, Elgin, and Denton recently decriminalized possession of marijuana.
Austin, for example, passed a resolution in 2020 to stop issuing arrests and tickets for small amounts of marijuana.
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Mr. Paxton said in a statement.
Avoiding Pot ‘Laced with Fentanyl’
The Florida House Healthcare Regulation Subcommittee debated HB1269 on Feb. 1.Mr. Massullo, in his opening statements, emphasized his desire to “protect” the existing medical marijuana program in Florida, which has grown by “2,000 percent” in the last seven years and would not be affected by THC caps if the bill becomes law.
State Rep. Linda Chaney (R-St. Pete Beach) approved the bill but preferred the unamended version that kept THC capped at 10 percent on marijuana “flower.”
“I have personal experience with constituents in my area, one at a young age with THC who was hospitalized. The doctor said he will have permanent lung heart damage and unknown brain development issues.
“The other constituent, who I’ve known since he was 4, is now in his late 20s. [He], through his struggle with cannabis with THC, has become homeless [and] lost his job with a leading investment firm. He’s disenfranchised from his family and his friends.
“I think it’s destructive. And I would like to see the state of Florida do everything we can to dissuade recreational marijuana,” she said.
Ron Watson, director of governmental relations at MuV by Verano, one of Florida’s largest MMTCs, supported the amendment to raise the THC cap on “flower” to 30 percent but spoke broadly against HB1269.
“To me, it’s frankly premature. We don’t even know if adult use is going to be on the ballot in November ... even if it does make the ballot, there’s no guarantee that there’s going to be a 60 percent vote.
“So the way that I kind of look at this is it almost feels like you’re putting a roadblock up where no road exists, and potentially no road will ever exist,” he said.
“Unfortunately, the illegal black market may continue to thrive under this bill. And unfortunately, you may be steering people to get a product that may be laced with fentanyl,” Mr. Watson added.
State Rep. Adam Anderson (R-Palm Harbor) likened the bill’s original 10 percent THC cap to restricting alcohol access to “only Bud Light.”
“So the unintended consequence of that would be that people consume more and more beer to get the effects that they want.
“And if we’re talking about cannabis, there’s other unintended consequences, potential health risks ... 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 in his support for raising the cap to 30 percent.
Mr. Anderson expounded on his alcohol analogy to explain the need for some THC regulations if Floridians vote for recreational marijuana in November.
“Just like the alcohol industry, we don’t allow 190-proof alcohol in the state of Florida. So the fact that we would open up an industry that has no regulation at all would be a horrible mistake, in my opinion,” he added.
Some on the committee pushed back against the bill entirely.
“I don’t believe that we should be piecemealing this,” state Rep. Robin Bartleman (D-Weston) said during a floor debate.
“I think that if and when [recreational marijuana] passes ... we’re going to create a comprehensive package that includes everything as opposed to different pieces. And we may come back and say, you know what, this was the wrong path, or we need to do this. So I'd rather wait and deal with everything at once.”
Ms. Bartleman, however, supports the proposed Constitutional amendment to legalize recreational marijuana, “Because we see the fentanyl deaths, and we see everything going on. And if, at least, the 21-year-olds and older can get it safely, I feel better about that,” she said.
Rep. Kelly Skidmore (D-Boca Raton) called Mr. Massullo’s bill “premature.”
“We’re going to have parallel markets of medical marijuana and recreational use or adult use. How are we going to regulate that? How are we [going to determine] who’s going to get those licenses? Is it going to be in every convenience store?
“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 to just talk about the caps,” she said.
In his closing statement, Mr. Massullo pushed back on claims that his bill is too “preemptive” in trying to create guardrails for a future marijuana program that could receive considerable support statewide.
He compared marijuana to ibuprofen, which must be in lower doses when sold over the counter but can be obtained in higher doses when prescribed by a physician.
Mr. Massullo also cautioned against taking a “reactive” approach to recreational marijuana where the legislature waits until it is enshrined in the state constitution before creating regulations.
“I’m not going to tell you my opinion on recreational marijuana for a free country, or [if] it’s dangerous, or its potential uses. But I will say this: we are tasked with keeping the public safe. And it’s important that we think about that with a long-term vision and not be reactive,” he said.
Currently, all medical marijuana patients must pay the state of Florida $75 every year to renew their cards to purchase marijuana from a licensed MMTC.
This does not include fees for doctor recommendations for marijuana, which must be renewed every 70 days.
