The Florida Senate has voted to ban the sale of hemp products that contain delta-8 THC and other intoxicating cannabinoids, in a move that could affect thousands of consumers and businesses in the state.
What is delta-8 THC and why is it controversial?
Delta-8 THC is a psychoactive compound that is derived from hemp, a type of cannabis plant that contains less than 0.3% of delta-9 THC, the main psychoactive compound in marijuana. Delta-8 THC has similar effects to delta-9 THC, such as euphoria, relaxation, and pain relief, but is less potent and has fewer side effects.
Delta-8 THC is legal under federal law, thanks to the 2018 Farm Bill that legalized hemp and its derivatives. However, some states have banned or restricted delta-8 THC, citing concerns about its safety, quality, and regulation. The Food and Drug Administration (FDA) has also warned consumers that delta-8 THC products may be mislabeled, contaminated, or illegal.
How does the Florida bill affect hemp products?
The bill, SB 1698, would revise the definition of hemp to exclude any synthetically or naturally occurring versions of controlled substances, such as delta-8 THC, delta-10 THC, HHC, THCA, THCP, and THCV. These are all cannabinoids that can produce psychoactive effects, but are not currently regulated by the state.
The bill would also prohibit the sale of any hemp products that are intended for human ingestion or inhalation and that contain more than 2 milligrams of THC per serving or 10 milligrams of THC per container. The bill would require hemp products to be labeled with the amount of cannabinoids per serving, the Poison Control hotline number, and a warning that the product may cause impairment. The bill would also ban the sale of hemp products to anyone under 21 years of age.
The bill would not affect the sale of medical marijuana products, which are regulated by the state and require a doctor’s recommendation. The bill would also not affect the sale of CBD products, which are non-psychoactive and widely used for health and wellness purposes.
What are the implications of the bill for consumers and businesses?
The bill, if passed by the House and signed by the governor, would effectively outlaw the sale of delta-8 THC and other hemp products that have gained popularity among consumers who seek a legal alternative to marijuana or a milder form of cannabis. According to some estimates, delta-8 THC products account for up to 25% of the hemp market in the U.S., generating millions of dollars in revenue for hemp farmers, processors, and retailers.
The bill would also impact the thousands of consumers who use delta-8 THC and other hemp products for medicinal or recreational purposes. Some consumers claim that delta-8 THC helps them with conditions such as chronic pain, anxiety, insomnia, and nausea, without causing paranoia or anxiety. Some consumers also prefer delta-8 THC over delta-9 THC because it is cheaper, more accessible, and less likely to show up on drug tests.
The bill’s supporters argue that the ban is necessary to protect public health and safety, as delta-8 THC and other hemp products are not tested or regulated by the state, and may pose risks such as addiction, impairment, or contamination. The bill’s supporters also claim that the ban would prevent the abuse of the legal loophole that allows hemp products to contain psychoactive substances that are otherwise illegal.
The bill’s opponents contend that the ban is unjustified, as delta-8 THC and other hemp products are legal under federal law, and have not caused any significant harm or complaints in the state. The bill’s opponents also assert that the ban would hurt the hemp industry, which is a growing and lucrative sector of the state’s economy, and would deprive consumers of their right to choose and access a natural and beneficial plant.
What are the next steps for the bill?
The bill, which was sponsored by Senator Travis Hutson, a Republican from St. Augustine, passed the Senate with a unanimous vote of 40-0 on Thursday, February 15, 2024. The bill now moves to the House, where it faces an uncertain fate. The House has not yet taken up the bill, and the legislative session ends on March 9, 2024. If the bill passes the House, it would then go to Governor Ron DeSantis, a Republican, who has not indicated his position on the bill.
