TAMPA, Fla. (WFLA) — Florida lawmakers are a step closer to banning delta-8 THC products like vapes and edibles.
On Thursday, a bill curtailing hemp-derived cannabinoids breezed through the Florida Senate with unanimous support. The Florida House of Representatives has yet to weigh in.
The cannabis plant contains hundreds of cannabinoids. Delta-9 is a psychoactive compound – the thing that makes you feel “high” – and is commonly referred to as just “THC.” Under Florida law, it can only legally be sold at state-licensed medical marijuana dispensaries.
Similar cannabinoids like delta-8 and delta-10 mimic the effects of the main psychoactive compound, but are allowed to be sold in Florida through something of a legal loophole.
The federal Farm Bill, passed in 2018, legalized hemp plants containing less than 0.3% delta-9 THC. It opened the floodgates for the hemp-derived cannabis industry, and six years later, delta-8 can be found anywhere from gas stations to online specialty retailers.
Federal health officials have raised concerns and urged more research into delta-8, given its widespread use and unregulated production processes. A 2021 health advisory from the Centers for Disease Control and Prevention (CDC) warned consumers of that delta-8 products could be mislabeled and reminded parents to keep them away from children. The Food and Drug Administration (FDA) has raised concerns about the unregulated manufacturing process.
Given delta-8’s reputation of being “diet weed,” the CDC urged retailers to use proper labelling to distinguish the product from another legal cannabinoid, CBD, which is not psychoactive.
Florida lawmakers penned companion bills, HB-1613 and SB-1698, that would cap THC at two milligrams per serving and 10 milligrams per container
The identical bills set requirements for product labelling, which includes the amount of cannabinoids per serving and the Poison Control hotline number, and forbids products to be packaged in a way that appears “attractive to children.” If the bills pass, products “intended for human ingestion or inhalation and that contain hemp extract” can only legally be sold to adults over the age of 21.
The bill’s opponents include business owners who believe the sweeping restrictions would negatively impact their industry, people who use hemp for medicinal purposes and others who have cast doubt about the motivations behind the bill. Some critics say the crackdown on hemp, and other proposed bills that would curtail the potency of THC products, are intended to whittle down the competition existing dispensaries would face if recreational marijuana becomes legal this year.
A proposed amendment to the Florida Constitution legalizing delta-9 THC for adult use qualified for the ballot, but it has a big hurdle to clear before voters can weigh in this November. As part of the required judicial review process for citizen initiatives, the Florida Supreme Court must determine whether its language meets the requirements to appear on the ballot.
When hearing oral arguments in the case, justices pushed back on state arguments that the ballot summary is misleading to voters. Florida Gov. Ron DeSantis has suggested that the court, which is largely made up of his appointees – will approve the measure.
