In a significant legislative move, the Florida Senate has advanced a measure aimed at prohibiting the sale of delta-8 THC products, including popular items like vapes and edibles. This decision marks a pivotal step in the state’s regulation of hemp-derived cannabinoids, reflecting a growing legislative consensus on the need for stricter controls in the burgeoning cannabis industry.
On Thursday, the proposed legislation, designed to regulate the sale of certain cannabinoids derived from hemp, garnered overwhelming support in the Florida Senate. The bill now awaits consideration by the Florida House of Representatives, setting the stage for a comprehensive review of the state’s stance on cannabis-related products.
Cannabis plants are known to contain hundreds of cannabinoid compounds, with delta-9 THC being the most recognized for its psychoactive effects—the primary component that induces the sensation of being “high.” Currently, Florida regulations permit the sale of delta-9 THC exclusively through state-sanctioned medical marijuana dispensaries.
Delta-8 and delta-10 THC, compounds similar to delta-9, have managed to find a marketplace in Florida, exploiting legal ambiguities. The passage of the federal Farm Bill in 2018, which legalized hemp containing less than 0.3% delta-9 THC, significantly expanded the hemp-derived cannabis industry. This legal framework has enabled the widespread distribution of delta-8 products across various outlets, from gas stations to online vendors, despite the absence of stringent regulatory oversight.
Federal health authorities, including the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA), have expressed concerns over the safety and regulation of delta-8 products. These concerns stem from issues such as mislabeling and the lack of regulated manufacturing processes, prompting calls for more rigorous research and consumer education.
In response to these concerns, Florida’s legislation, through companion bills HB-1613 and SB-1698, seeks to impose strict regulations on THC content, capping it at two milligrams per serving and 10 milligrams per container.
These measures aim to enhance product safety through stringent labeling requirements, including clear cannabinoid content per serving and the inclusion of the Poison Control hotline number. Furthermore, the bills advocate for packaging that does not appeal to children, ensuring that such products are sold only to individuals over the age of 21.
The proposed restrictions have met with opposition from various stakeholders, including business owners concerned about the potential impact on the industry, medicinal hemp users, and critics skeptical of the bill’s underlying motives. Some argue that these legislative efforts may be aimed at reducing competition for existing dispensaries, especially in light of potential moves to legalize recreational marijuana use in Florida.
As Florida stands at the crossroads of cannabis legalization and regulation, the state Supreme Court’s review of a proposed constitutional amendment to legalize delta-9 THC for adult use looms large. With Governor Ron DeSantis indicating confidence in the court’s approval, the outcome of this judicial review will be critical in shaping the future of cannabis policy in Florida.