“The size of the gummies—limited to 2 grams—that’s just a tiny little pinkie size wide.”
By Mitch Perry, Florida Phoenix
A proposal approved by a Florida House Committee on Wednesday would tax all hemp-derived THC at 15%.
This is the second of two measures regarding hemp-derived THC that have been sponsored by Panhandle Republican Rep. Michelle Salzman and approved unanimously at the House Budget Committee.
The main bill (HB 7027) is a companion to a Senate bill (SB 438) that has already passed unanimously in that chamber, although they do contain significant differences. Salzman’s bill, for example, would not prohibit delta-8 hemp-derived THC products that have grown in popularity after hemp became legal in the United States via the 2018 U.S. Farm Bill.
The House bill, like its Senate counterpart, limits the amount delta-9 THC found in hemp products. This includes beverages and gummies. The bill states that edibles can contain up to 2 milligrams of THC, must be individually packaged and sold in containers containing no more 20 edibles.
Patrick Shatzer from Sunmed/Your CBD Store raised concerns about this. He said that his company was the nation’s largest CBD brick-and mortar store, having 260 stores nationwide, including 42 in Florida.
“The size of the gummies—limited to 2 grams—that’s just a tiny little pinkie size wide,” he said to the committee. This is not industry standard. Industry standard ranges from 5 grams to 8 grams.
Shatzer objected also to the restriction of 20 servings in each container. He said that the typical dietary supplement allows 30 gummies per container. He also objected to the prohibition of selling, delivering or bartering hemp products that contain more than 100 mg THC in 24 hours.
Rep. Salzman responded that while she’s open to changing certain limits, she will not change her personal limit of 100 milligrams THC per day.
“If somebody knows that they can’t buy more than 100 milligrams in that day, it’s going to give them a warning subconsciously, ‘Maybe I shouldn’t have more than 100 milligrams of this stuff in a day,'” she said. If you need more than 100 mg of the stuff per day, then you’ll probably have to obtain a medical marijuana card.
Jodi Jam of Florida Cannabis Action Network says that the 15 percent proposed excise on hemp products is unfair because some hemp products can be intoxicating. Those that are not should not even be taxed.
In Florida, supplements and vitamins are not subject to taxation.
Salzman announced that following the meeting, she would exempt these products from the final House Commerce Committee hearing next week.
She said, “That is a no brainer.” The idea is to use it as a tax on sin. If you are not doing it, yes.
Tests are expensive
According to the measure, the first six million dollars of tax revenue will be deposited into the General Inspection Trust Fund for testing and enforcement of products derived from hemp. The remainder would be deposited into the main state account, General Revenue Fund.
The committee expressed concerns over a commonality between the House bill and the Senate bill. Both bills require that only shops that are licensed to serve alcoholic beverages can sell hemp-containing drinks.
Lauren Melo, a Naples Republican representative, said: “I do not think we should pick winners and losers in this case.” I, too, want to see the convenience stores reinstated.
Christine Hunschofsky (Democratic Rep. of Broward County): “I also think that alcohol should be considered as a drug.” “And should, therefore, be available to the public in the same manner as alcohol.”
Toby Overdorf, Southeast Florida Republican Rep. said that he wanted to see more research done on synthetics. These aren’t listed in the House Measure.
The House and Senate bills are very similar. They both ban packaging that could appeal to children and they require certification by the Department of Agriculture and Consumer Affairs for any labs testing hemp in Florida and other states.
House Bill prohibits THC-containing products being offered, sold, traded, provided or given to consumers in festivals, fairs and trade shows as well as at farmers markets, pop-up shops, or expos. The bill would prohibit anyone from taking them in within 1,000 yards of any elementary, secondary or middle school (public or private) between the hours 6am and midnight.
Next week the bill is likely to be sent before the House floor, and will then go on to the Commerce Committee.
Florida Phoenix published this article first.
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