“The intent is…to stop bad actors. “These laws will not allow good actors to function.”
By Mitch Perry, Florida Phoenix
The Florida House unanimously passed a measure Tuesday that regulates hemp-derived THC in Florida after hearing the strongest opposition from hemp entrepreneurs this legislative session.
The bills (HB 7027 and HB 7029), sponsored by Panhandle Republican Rep. Michelle Salzman, are different in some respects to the Senate version that passed unanimously in that chamber two weeks ago—most significantly in that it puts a 15 percent excise tax on the sale of all such products.
The Senate’s version also does not ban the consumption of Delta-8, a hemp-derived THC that has gained in popularity in recent years since the U.S. Farm Bill 2018 legalized hemp.
The House bill would limit the amount of THC in derived products. The amount of THC in hemp-infused beverages is limited to 5 milligrams per 6 ounces. The bill sets a limit of 5 milligrams for edibles (such as joints or vaping machines), and limits the amount inhalables (such vaporizers) to a maximum of 6 milligrams. This is compared with last week’s version.
One provision will prohibit the consumption of more than 100mgs THC from hemp within a 24-hour time period.
This bill prohibits any person from ingesting THC-containing hemp products between the hours of 6 am and midnight within 1,000 feet or a school, public or private. The violation would lead to either a $50 fine or fifty hours of community work.
Salzman has amended the bill she presented last week to include two major changes: He now allows places such as gas stations, where hemp-infused THC beverages are sold, and he does not restrict CBD products which do not contain intoxicants.
Three-year attempt
It is now the third consecutive year that lawmakers have spent significant time and effort trying to regulate hemp-derived THC intoxicating products. These have become increasingly popular since the state has legalized this product in 2019.
Governors vetoed the regulations that were passed last year during session. Ron DeSantis was elected (R) in the wake of heavy lobbying from members of Florida’s hemp industry. In order to express their gratitude, several hemp entrepreneurs have sent money to the Republican Party of Florida as well as other organizations that oppose Amendment 3 – the constitutional amendment which, if it passed, would legalize recreational cannabis to all adults aged 21 or older.
It is unclear why many hemp entrepreneurs, who testified regularly in opposition to the proposals in 2023 and in 2024 in their respective legislative chambers in spring this year have not been present at the public discussion. But that détente ended on Tuesday, as people who work in the hemp industry testified before the House Commerce Committee that the proposal would severely affect their bottom lines.
JJ Coombs who runs three hemp-based businesses in Fort Lauderdale said that the House bill has a flaw in it because the THC limits would be the same for both edibles as well as inhalables.
He said, “They’re completely different products.” Inhalabales can be used for weeks before needing to buy another device.
Patrick Shatzer from Sunmed/Your CBD Store summarized DeSantis veto letter. DeSantis wrote the bill would “impose debilitating regulations on small business and almost certain fail to achieve its purpose.”
Intoxication is not the goal. [elements] Shatzer added. Shatzer said: “These laws won’t allow for good actors operate.”
Alcohol lobbyists expressed their disappointment at the fact that legislation did not permit individuals to consume hemp-infused THC drinks in the same establishment where they purchase such products. Scott Difford of Delta Beverages said that his products were sold at more than 570 bars and restaurants in Florida. He asked Salzman, the sponsor of the legislation, to change it to allow adults over 21 to consume hemp-infused THC beverages on premises.
Salzman emphasized the importance of this provision, noting that there was no mechanism for testing intoxication caused by these products.
Second Amendment Angle
A couple of hemp business officials tried a new argument—that the limitations on THC in hemp-infused products would compel military veterans to sign up as a medical marijuana patient in Florida.
They said that would be a violation of their Second Amendment right because marijuana is classified as Schedule I controlled substances under federal law, which causes complications for medical cannabis patients who wish to possess firearms. In 2022 former Agriculture Commissioner Nikki Fried was unsuccessful in a lawsuit against federal laws prohibiting medical-marijuana users from buying or possessing firearms.
J.J. McCormick of the American Healthy Alternatives Association described a discussion he held with a former military member who used hemp-derived THC.
He said that as someone with clearances who often has to move quickly in the workplace, both domestically and abroad, he could never obtain a license for medical marijuana because he’d have to perjure and lie on background checks, to get firearms or sign contracts.
Shai Ortiz is the CEO of Siesta G in Hillsborough County, and he said, “This one-two punch will displace thousands of Florida Families.” “This is a stifling innovation.” It stifles Florida’s first values.
The regulations passed unanimously in committee, however, and now go to the floor for a vote—where they will have to be reconciled with the Senate version to get to DeSantis’s desk this year.
Salzman said that this bill was based on commonsense and collaboration, which resulted in a measure unified by a singular goal: “protecting Floridians whilst preserving opportunities.”
Florida Phoenix was the first to publish this story.
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