Florida lawmakers are advancing bills that would limit the sale and consumption of hemp-derived products that contain psychoactive levels of THC, such as Delta-8 and Delta-10. The proposed legislation has sparked debate among hemp farmers, manufacturers, and consumers, who argue that the restrictions would hurt their businesses and deprive them of a natural alternative to medical marijuana.
What are Delta-8 and Delta-10?
Delta-8 and Delta-10 are two of the many cannabinoids that can be extracted from hemp plants, which are legally defined as cannabis plants with less than 0.3% of delta-9-tetrahydrocannabinol (THC), the main psychoactive compound in marijuana. Delta-8 and Delta-10 have similar chemical structures to delta-9, but with slight differences that affect their potency and effects. Delta-8 is said to produce a milder and more relaxing high than delta-9, while delta-10 is reported to have more stimulating and energizing properties.
These cannabinoids are not naturally abundant in hemp plants but can be created through a process of chemical conversion or synthesis. They are often infused into products such as gummies, oils, vapes, and tinctures, and sold over the counter at convenience stores, gas stations, and CBD shops. Unlike medical marijuana, which requires a doctor’s recommendation and a state-issued card, hemp-derived THC products are accessible to anyone over the age of 21 in Florida.
Why are lawmakers concerned?
The popularity of hemp-derived THC products has raised concerns among some lawmakers, who argue that these products are unregulated, unsafe, and potentially harmful, especially to children and young adults. They point to the lack of quality control, labeling standards, and testing requirements for these products, as well as the possibility of contamination, adulteration, and overdose. They also claim that these products are undermining the state’s medical marijuana program, which is subject to strict rules and regulations.
To address these issues, both the Senate and the House have drafted bills that would impose restrictions on hemp-derived THC products. The Senate bill (SB 1698) was unanimously approved on February 15, and the House bill (HB 1613) was added to the Appropriations Committee agenda on February 16. The bills would:
- Define the term “total delta-9-tetrahydrocannabinol concentration” as the sum of delta-9 and any other cannabinoids that can be converted to delta-9 in the human body, such as delta-8 and delta-10.
- Prohibit the manufacture, delivery, hold, offer for sale, distribution, or sale of hemp extract that exceeds 0.3% of total delta-9-tetrahydrocannabinol concentration on a dry-weight basis, or 2 milligrams per serving and 10 milligrams per container on a wet-weight basis, whichever is less.
- Prohibit businesses and food establishments from possessing hemp extract products that are attractive to children, such as gummies, candies, chocolates, or cookies, or that resemble trademarked products.
- Prohibit the Department of Agriculture and Consumer Services from granting permission to remove or use certain hemp extract products until it determines that such products comply with state law.
- Authorize the department to adopt rules to implement and enforce the provisions of the bill.
If passed, the new restrictions could become law in October 2024.
How are hemp stakeholders reacting?
The proposed legislation has met with opposition from hemp farmers, manufacturers, and consumers, who say that the bills are based on misinformation, fear-mongering, and political pressure. They argue that hemp-derived THC products are safe, natural, and beneficial for many people who suffer from chronic pain, anxiety, insomnia, and other conditions. They also contend that the bills would devastate the hemp industry in Florida, which was legalized in 2019 to take advantage of the federal farm bill. They estimate that hemp-derived THC products account for 70% to 80% of the hemp market in the state and that banning them would result in the loss of thousands of jobs and millions of dollars in revenue.
Some of the hemp stakeholders who have voiced their objections include:
- Jammie Treadwell is the co-owner of Treadwell Farms, a family-owned hemp farm that has been operating for 100 years. She said that the bills would “pull the rug completely out from under us” and urged lawmakers to “get educated and see who it’s helping first.”.
- Philip Snow is an attorney who represents hemp businesses across the country. He said that some of his clients relocated to Florida after other states passed similar restrictions and that the bills would “create a black market” for hemp-derived THC products.
- Adam Wick, owner of a dispensary in St. Petersburg. He said that most of his customers who buy his Delta-8 products are older adults who prefer a milder alternative to medical marijuana. He said that he hopes Florida will “do it right and allow it, but with some controls” and “take it out of the gas stations and those types of things.”.
The hemp stakeholders have also suggested some amendments to the bills, such as:
- Creating a separate category for hemp-derived THC products with a higher THC limit than hemp extract but lower than medical marijuana.
- Establishing a licensing system for hemp-derived THC product manufacturers and retailers, with fees, taxes, and testing requirements.
- Allowing hemp-derived THC products to be sold only at licensed dispensaries or CBD shops, not at convenience stores or gas stations.
- Exempting existing hemp-derived THC products from the ban until they are sold out or expire.
The bills are now awaiting further action from the House and the Senate. The hemp stakeholders are hoping that the lawmakers will listen to their concerns and reconsider the bills before they become law.