Did Florida Just Legalize Cannabis?

Did Florida Just Legalize Cannabis? For the past month, the Florida hemp industry has campaigned against a proposal to heavily regulate hemp products.

Since the 2018 Farm Bill legalized hemp in the United States, Florida’s hemp entrepreneurs have created thousands of jobs.

According to the Farm Bill, hemp becomes illegal cannabis if it contains more than 0.3 percent THC. But states have bypassed the loophole by using Delta-8 THC. A measure in the Florida House threatened to close that gap.

Florida Agriculture Commissioner Wilton Simpson told the press: “Let me get one thing straight – the current wild, wild west situation where anything is being sold to anyone is going to end. We will close the loopholes in state law that are being exploited to sell euphoric recreational cannabis products without restrictions.”

Unless they didn’t. In fact, Florida lawmakers went the other way. They have completely eliminated delta-8 THC capsules.

Has Florida Legalized Cannabis? No, Delta-9 THC is still a controlled substance. But without restrictions on the other cannabinoids, Florida’s hemp market is significantly more free than many legal states or even legal Canada.

Florida Governor Ron DeSantis has made Florida a role model for the world. From refusing lockdowns, mandates, domestic passports, and bright childcare — now they can even point to the superiority of their hemp industry.

Did Florida Just Legalize Cannabis? No but…

Did Florida Just Legalize Cannabis? No, but at this point they might as well have it. As Republican Will Robinson Jr. of the Manatee County House said, “All the caps are OUT, Out.”

Robinson pointed to the amendment to HB 1475, which removes any caps or restrictions on THC in hemp products. Originally, Robinson’s bill limited THC to 5 milligrams per serving, or 50 milligrams per packet.

Nikki Fried, a former state commissioner of agriculture and now chair of the Florida Democratic Party, told Florida Phoenix, “The precise intent of this bill is to eliminate 189,000 jobs and 10,000 small businesses.”

But as Robinson said, “Getting input from stakeholders and others is very important.”

And the stakeholders have certainly given their input. Over the past month, many have traveled to the Capitol to speak out against cannabinoid limits.

So, no, Florida has not only legalized cannabis, but its government has backed down on significant hemp restrictions. One that would have effectively ended its quasi-legalization by limiting delta-8-THC to 5 milligrams per serving.

But the hemp entrepreneurs won, and the Florida hemp market remains free. Or relatively free.

Overall, the bill will deem hemp products illegal for anyone under the age of 21. There are rules for packaging, labeling and testing. Packaging must not be “attractive to children” and must minimize exposure.

But the change to limit various cannabinoids, including delta-8-THC, has been scrapped.

A lesson for Canada (and Vermont and Connecticut)

Unfortunately, Florida has not legalized cannabis. But thankfully, they’re just a pen stroke away.

Banning cannabis is obviously unconstitutional. And since Florida Gov. Ron DeSantis has no problem arguing with DC, what’s stopping him from legalizing weed in Florida?

“He’s a Republican!” some may argue, which is true. Under a former Republican governor (Rick Scott), medical cannabis patients had to fight for their rights in court.

As with medicinal cannabis in Canada during the Stephen Harper years, progress came from the judiciary, not the legislature.

And then Ron DeSantis became governor. The Florida government stopped fighting medical cannabis patients in court. Under Ron’s supervision, the Florida Department of Health has become pro-medicine cannabis.

If any state or country instituted a free and fair market for cannabis, Florida, led by Ron DeSantis, would be the best contender right now.

Although there is no legal cannabis in Florida, they are an example of the economic damage that THC capsules can do. Because the art of economics consists in seeing the invisible.

Florida has thousands of hemp businesses. Think of lost potential in Canada, Vermont or Connecticut.

Canada limits its edible THC content to 10 mg. According to industry officials, this cap is essentially a multi-million dollar gift to the black market. And we see this in the data, where legal edibles are among the least popular categories.

Additionally, Health Canada targets extract products they consider “edibles,” leading to at least one lawsuit from a licensed manufacturer.

In America, Vermont and Connecticut have THC caps. At the same time, other states like California are flirting with the concept.

THC capsules don’t work

The idea is that THC capsules are a “useful tool” to prevent “harmful” overconsumption.

But what constitutes overconsumption? That answer depends on the person, their tolerance, and the level of stoned they want.

And what is harmful about cannabis? Especially when you compare it to legal substances like alcohol, tobacco, or high fructose corn syrup.

Ultimately, unless your goal is to support an underground, untaxed market for cannabis, THC caps aren’t a “useful tool.”

Adults are not children to be held by the hands of public health bureaucrats. If you don’t understand this, you will only get frustrated. Suppose you think THC caps are a useful tool that Florida should implement when it eventually legalizes cannabis.