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Florida lawmakers propose THC limits on pot products amidst legalization talks

As the debate over legalizing recreational marijuana ensues, legislators in Florida are considering imposing THC caps

Amidst the backdrop of a proposed constitutional amendment to legalize recreational marijuana, Florida lawmakers are delving into the contentious issue of regulating THC potency in cannabis products.

Despite past legislative hurdles, the Republican-controlled Legislature is revisiting the discussion as the Florida Supreme Court deliberates on whether voters should decide on the proposed amendment in November.

The proposed bills aim to set limits on THC content, sparking debate among stakeholders and raising questions about the potential impact on both the medical and recreational marijuana markets.

Proposed THC limits

The House Healthcare Regulation Subcommittee recently approved a modified version of HB 1269, sponsored by Rep. Ralph Massullo, R-Lecanto. The bill seeks to establish THC caps for all non-medical marijuana products, contingent on voter approval of the recreational marijuana ballot proposal. Under HB 1269, smokable marijuana would be limited to 30 percent THC for recreational use, with other forms of marijuana capped at 60 percent, excluding edibles, which would be capped at 10 milligrams per serving and 200 mg in total.

Similarly, the Senate Health Policy Committee is slated to discuss SPB 7050, mirroring the provisions of HB 1269. Both bills aim to address concerns over the potential risks associated with high-potency cannabis products, particularly for recreational users. Despite opposition from medical marijuana operators and advocates, proponents argue that THC limits are necessary to safeguard public health and prevent abuse.

Massullo originally proposed limiting THC levels in smokable marijuana to 10 percent, a move criticized by operators and cannabis advocates. Only two of the 24 states where recreational marijuana is legal, Connecticut and Vermont, have set potency limits. They cap cannabis flower at 30 percent and other products at 60 percent, with exceptions for pre-filled vape cartridges. While most smokable flower products in Florida have less than 30 percent THC, they typically exceed 10 percent. Current vape cartridges exceed the proposed 60 percent cap, which would only affect recreational products.

Close-up of marijuana buds and joints on a white background.

Stakeholder Perspectives, industry opposition & legislative support

Medical marijuana operators and proponents of cannabis products, including Trulieve, have voiced opposition to the proposed THC caps, citing concerns about restricting patient access and driving consumers to the illicit market.

Trulieve is the largest medical marijuana company in Florida, with over $40 million in contributions to Smart and Safe Florida. The company has contributed up to $124.58 to the committee since the launch of the Smart and Safe Florida initiative in 2022.

Critics argue that arbitrary potency limits could undermine the efficacy of medical marijuana treatment and lead to unintended consequences, such as increased costs and safety risks associated with unregulated products.

Supporters of THC limits, including Rep. Massullo, emphasize the importance of proactive regulation to address potential harms and ensure the integrity of Florida's medical marijuana program. While acknowledging the complexities of the issue, proponents contend that setting THC caps aligns with the state's responsibility to prioritize public safety and mitigate the negative impact of high-potency cannabis products on vulnerable populations.

As Florida grapples with the prospect of legalizing recreational marijuana, the debate over THC limits underscores the challenges of balancing regulatory oversight with consumer access and public health concerns.

With the fate of the proposed constitutional amendment hanging in the balance, lawmakers face the daunting task of crafting policies that reflect the diverse interests of stakeholders while upholding the principles of responsible governance.

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