Video above: Florida Supreme Court hears arguments in marijuana ballot measure case
TAMPA, Fla. (WFLA) -- Florida Republicans aim to regulate the state's recreational marijuana market before the issue even makes it onto the ballot.
HB-1269, referred to the House calendar on Monday, would cap the amount of tetrahydrocannabinol (THC) - the psychoactive compound in marijuana - in cannabis products for adults 21 and older.
Lawmakers are trying to get ahead of a citizen ballot initiative that, if approved by voters, would enshrine recreational marijuana in the Florida Constitution. Amendment 3 qualified for the 2024 ballot last June, but its fate hinges on a Florida Supreme Court ruling.
The petition to get adult-use marijuana on the ballot gathered over a million verified signatures and looks like it could meet the 60% threshold required to pass in November. Even Florida Gov. Ron DeSantis, who has repeatedly denounced efforts to legalize marijuana, acknowledged that voters will likely get to weigh in on the issue.
The state's top-court, packed with DeSantis appointees, has yet to rule on whether the measure will appear on the ballot. Still, the Republican-dominated Florida legislature waved the bill through two House committees.
If passed, the bill would limit the amount of delta-9 THC - not to be confused with delta-8 THC, which lawmakers are also attempting to regulate - at 30% in smokable flower and 60% in concentrates. Under the law, each package of edibles is capped at 200 mg and vaporizer cartridges are restricted to one gram.
The bill “maintains" Florida's medical marijuana program for six months after adult-use cannabis becomes law. In the state's existing dispensaries - officially known as medical marijuana treatment centers - THC levels in flower rarely reach 30%. However, concentrates regularly top 80 or 90%. Edibles are typically sold in 100 mg packages and cartridges generally come in 50 mg or 100 mg varieties.
Rep. Ralph Massullo (R-Lecanto), who is a doctor, defended his bill in committee, acknowledged the effectiveness of the medical program and worried about the potential consequences of an unregulated adult-use market.
If passed, the House bill and its Senate counterpart would take effect 30 days after adult-use marijuana becomes law.
Lawmakers also moved to regulate the potency of medical marijuana after Florida voters approved the program in 2018. DeSantis supporting capping THC levels in flower at 10%, but it did not come to fruition after outcry from patients and physicians.
DeSantis discussed recreational marijuana several times on the presidential campaign trail, decrying the pungent "stench" of cities with legal weed.
In one instance, a self-described “broken veteran…with service-connected disease, illness and injury,” asked if he would decriminalize cannabis as president. DeSantis replied, “I don’t think we would do that," citing "abuse" of Florida's medical marijuana program and launching into a spiel about fentanyl.