Florida is on track to become the third state in the U.S. to implement a market-wide potency cap on adult-use cannabis, as indicated by a proposal that gained traction in the Senate on Tuesday. Despite being home to the largest medical marijuana market in the country, Florida might see an adult-use legalization proposal on the November ballot, pending a state Supreme Court ruling addressing challenges to the measure.
Governor Ron DeSantis has expressed anticipation for adult-use marijuana to feature on the ballot. The proposed 30% THC cap on smokable flower, outlined in SPB 7050, received a favorable vote in the state Senate Health Policy Committee. If the proposal successfully passes through the full Legislature and receives approval from Governor DeSantis, Florida would join Connecticut and Vermont as the only states imposing THC restrictions on smokable flower, establishing itself as the largest market with such limitations.
The proposal also outlines that “all other forms of marijuana” except edibles would be subject to a 60% THC cap. Adult-use edibles in Florida would be limited to a maximum THC amount of 200 milligrams per package and 10 milligrams per serving, aligning with regulations in other states.
A previous House bill in Florida initially proposed a 10% THC cap but was later discarded in favor of a 30% limit during committee discussions. Lawmakers expressed concerns about the potential adverse health effects of high-potency THC, with some suggesting that voters should have the opportunity to decide on the amendment rather than making legislative changes.
State Senator Rosalind Osgood stated, “If voters are going to speak the ballot initiative one way or the other … I want to give that process an opportunity.” However, achieving a constitutional amendment in Florida requires 60% voter support, and a recent poll by the Florida Chamber of Commerce indicated only 57% voter support for adult use. The fate of the proposed THC caps will likely hinge on further legal and legislative developments.
This story was originally covered by MJBizDaily.