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Florida Passing Bills Banning Delta-8, Restricting Hemp, And Capping THC Limits

Emily Mullins

by Emily Mullins

February 19, 2024 12:15 pm ET Estimated Read Time: 3 Minutes
Fact checked by Kymberly Drapcho
Florida Passing Bills Banning Delta-8, Restricting Hemp, And Capping THC Limits

Florida is cracking down on cannabis and hemp with a variety of new bills targeting the marijuana industry within the state. This comes ahead of the November election, where adult-use cannabis legalization may finally be on the ballot for citizens to vote on pending Senate approval.

Senate Passes Legislation Banning Delta-8 and Restricting THC Amounts

One of the bills, SB 1698, was unanimously approved by the Florida Senate on Thursday. It seeks to heavily restrict the amount of THC in hemp-derived products as well as ban Delta-8 outright along with any hemp products that seem attractive to children, such as those with packaging that resembles popular candies or has animals or cartoons on the label. The hemp industry in Florida has generated more than 100,000 jobs, and workers are concerned about the affect this bill could have on their employment. However, Republican lawmakers are not focused on this impact.

“I don’t concede that that actually it’s going to have a negative fiscal impact on businesses or revenue derived from taxes based on those businesses,” said Manatee County Republican Tommy Gregory, the sponsor of the bill in the House (HB 1613).

The legislation will cap THC in hemp products at 2 milligrams per serving, and containers cannot have more than 10 milligrams of THC in total.

“When we passed the hemp program, it was not in anticipation of highly intoxicated, sometimes psychoactive substances being ingested by Floridians,” said Senator Colleen Burton (R) on the Senate floor on Wednesday. “The concerns we have had over the potential misuses of this product I believe has exceeded our expectations. So that’s why we have this bill today to continue the protections that we started last session.”

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The House will likely move the bill forward to Governor Ron DeSantis (R).

Bill To Limit THC Amounts in Cannabis if Adult-Use Legalization Passes

Another recent Florida bill, HB 1269, was introduced by Rep. Ralph Massullo (R) on January 5. A similar bill, SPB 7050, was also introduced in the Senate. If recreational marijuana passes the ballot in November, it will effectively ban all cannabis flower products with more than 30% THC. Concentrates and extracts would be restricted to 60% THC, and edibles could contain no more than 10 milligrams of THC per serving and 200 milligrams per package.

Originally, lawmakers wanted to cap smokable THC at 10%. However, this was amended to 30% in a more recent iteration of the bill. Fortunately, the bill would not affect purchase limits. Customers would still be able to purchase and possess up to three ounces of cannabis products, with some stipulations. However, cannabis advocates remain concerned about the bill’s language.

“The THC cap would not just undermine voters’ wishes, but will make consumers have to buy more, spend more, and use more cannabis just to receive the same dosage,” says They have also expressed worries that consumers will turn to the black market to obtain high-THC products, thus consuming cannabis that has not been tested or regulated.

If the Florida bill becomes law, it would take effect 30 days after adult-use legalization passes. The state Senate has until April 1 to decide if they are going to allow recreational cannabis to be on the ballot in November.

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