The Florida Senate Health Policy Committee voted in favor of a bill that would impose a 30% THC cap on smokable flower and a 60% cap on other products for recreational cannabis use. The bill is contingent on the approval of a proposed constitutional amendment that would legalize adult-use marijuana in the state.
What is THC and why does it matter?
THC, or tetrahydrocannabinol, is the main psychoactive compound in cannabis that produces the high sensation. Different cannabis products have different levels of THC, depending on the strain, the extraction method, and the consumption mode. Some medical marijuana patients and advocates argue that higher THC levels are necessary for treating certain conditions, such as chronic pain, PTSD, and cancer. However, some lawmakers and health experts are concerned that high-potency THC products may pose risks for mental health, addiction, and impaired driving.
What does the bill propose?
The bill (SB 7050) would create a separate regulatory framework for recreational cannabis, if voters pass the constitutional amendment in November. The bill would cap THC in smokable marijuana at 30%; impose caps of 60% on other products, including pre-filled vape cartridges for inhalation; and limit edibles to 15 milligrams of THC for each “single serving portion,” with a total cap of 200 mg of THC. The bill would also require recreational cannabis products to be clearly labeled and packaged, and prohibit the sale of products that resemble candy or other appealing items to children.
What are the arguments for and against the bill?
Supporters of the bill say that the THC limits are necessary to protect public health and safety, and to prevent the abuse of recreational cannabis. They cite studies that suggest that high-THC cannabis may increase the risk of psychosis, anxiety, depression, and cognitive impairment, especially among young and frequent users. They also point out that Florida would not be the first state to impose potency caps, as Connecticut and Vermont have already done so for smokable flower.
Opponents of the bill say that the THC limits are arbitrary, ineffective, and harmful to medical marijuana patients and consumers. They argue that the bill would create a black market for high-potency products, and drive up the costs and reduce the availability of legal cannabis. They also claim that the bill would interfere with the will of the voters, who have the right to decide on the legalization and regulation of recreational cannabis. They note that the proposed constitutional amendment has strong public support, and that the state already has a robust medical marijuana program that serves over 600,000 patients.
What are the next steps for the bill?
The bill still has to clear two more Senate committees before it reaches the floor for a full vote. The House has a similar bill (HB 1269) that also passed its first committee last week. However, both bills are contingent on the outcome of the constitutional amendment, which is currently under review by the Florida Supreme Court. The court has to determine whether the amendment meets the legal requirements to be placed on the ballot, such as having a clear and single subject, and a fair and accurate summary. The court’s decision is expected soon, as the deadline for ballot certification is February 1.
