Florida Lawmakers Attempt to Limit THC Potency Before Potential Vote on Adult-Use Cannabis Ballot Measure

Florida voters have yet to weigh in on an adult-use cannabis legalization measure that may land on the November 2024 ballot, but lawmakers in the Sunshine State are already taking aim at the THC potency of nonmedical cannabis products that could potentially be sold in the state.

Rep. Ralph Massullo, R-Lecanto, filed House Bill 1269 on Jan. 5, and the legislation cleared the Healthcare Regulation Subcommittee Feb. 1 in a 13-4 vote.

H.B. 1269 would become effective 30 days after the passage of a constitutional amendment legalizing adult-use cannabis, according to the bill text, and would cap the THC potency of adult-use cannabis products at 30% for smokable flower and 60% for extracts. The legislation would also limit the THC in edibles to 200 milligrams per package, and individual servings would be capped at 10 milligrams.

An initial version of H.B. 1269 would have limited the potency of flower at 10% THC, but the bill was amended Thursday before it advanced in committee, according to the Tampa Bay Times.

Meanwhile, the Florida Supreme Court is still contemplating whether an adult-use cannabis legalization amendment meets the requirements to go before voters in the November election.

Also under consideration in the Florida Legislature is House Joint Resolution 335, which cleared a subcommittee Jan. 29 and would require a 66.67% supermajority for voters to pass citizen-initiated constitutional amendments.

While the resolution would not impact an adult-use legalization measure in this year’s election, it could potentially affect future adult-use initiatives should the 2024 adult-use proposal, sponsored by Smart & Safe Florida, face defeat this year.

If approved for the ballot and ultimately passed in November, the adult-use measure would legalize cannabis possession, purchase and use for adults 21 and older.

Massullo said during Thursday’s committee hearing that he does not believe his bill preempts voters’ rights, the Tampa Bay Times reported.

“This gives them an opportunity to understand that if recreational marijuana passes in our state, whether the likelihood of that is high or low, that they will know that the Legislature will step in to protect the public,” Massullo said.

However, Steve Vancore, a spokesperson for Smart & Safe Florida, said Massullo’s bill would “thwart the will” of voters before they even have the opportunity to weigh in on the ballot measure, according to the Tampa Bay Times.

“Any arbitrary cap will raise the cost, hurt consumers and encourage growth in the illicit market,” Vancore said.