With the recreational use of marijuana possibly heading to Florida’s 2024 ballot, the state’s Republican lawmakers are getting a head start on the matter with a restrictive potency bill.
Rep. Ralph Massullo (R-Lecanto), a dermatologist, proposed HB 1269 (SB 7050) in January 2024, a bill that aims to abate marijuana’s potency in response to the recreational use initiative, precisely the amount of tetrahydrocannabinol (THC), a psychoactive compound in marijuana.
Amendment 3’s marijuana legalization initiative awaits a Flordia Supreme Court ruling to grant it a place on the ballot, where voters will determine the legalization—made possible after a petition garnered over one million signatures favoring adult use. If voters approve it, then HB 1269 will cap the THC (not delta-9 THC) level to 30% for smoking products and 60% for the final product of all other forms. The bill restricts edibles to no more than 200 milligrams, and a single serving portion of an edible cannot surpass 10 milligrams.
Edibles can’t have a potency variance of more than 15%. The law would also prevent vaporizer cartridges to exceed one gram (1,000 milligrams).
According to Trulieve’s website, quite a few of their flowers’ THC levels exceed the 30% mark, but a majority of their flowers are 30% and under. But there are dispensaries with flowers sitting at an 80% to 90% THC potency.
So far, the bill has been favorable for the House’s Healthcare Regulation Subcommittee and its Health & Human Services Committee. On Feb. 19, it was referred to the House calendar.
According to Marijuana Moment, Florida Republican Governor Ron DeSantis affirmed he wouldn’t decriminalize marijuana if he were elected president during his short-lived 2024 Presidential campaign. But he also predicted the question of marijuana’s legalization would be on the ballot on Nov. 5, 2024.
However, it’s up to the Supreme Court, and the ruling is expected to come before April 1.
What does this mean for medical marijuana users?
The cap on THC potency applies to only recreational-use sales in Florida because of the health risks that high-potency marijuana poses. Studies have shown that the use of marijuana is associated with the deterioration of mental health or creates mental issues with people, including anxiety, depression, psychosis, and suicidal thoughts.
Those with a THC potency higher than 15% were at three times increased risk of psychosis, five times for daily use. Those using cannabis less than 5% of THC did not exhibit psychotic symptoms.
The THC cap doesn’t impact medical cannabis products and patients with a medical marijuana card who use it to help with symptom management.
