The Florida Senate version of the measure, SB 7050, died after it failed to secure review by the Fiscal Policy Committee, where it was referred in early February.
The sponsor of the Florida House version, Rep. Ralph Massullo, told Politico that his proposed legislation stalled out as well.
The original story follows below.
Recreational marijuana might soon make it onto the Florida ballot, but if one statehouse member has his way, Floridians will have to smoke a bushel of pot to attain a decent legal buzz.
In a new bill titled, "Potency for Adult Personal Use of Marijuana" (HB 1269), Florida Rep. Ralph Massullo seeks to impose potency restrictions on recreational weed in the event the legalization measure passes.
Under the terms of the bill, recreational marijuana flower would be capped at 10 percent tetrahydrocannabinol (THC). Cannabis concentrates would be capped at 60 percent THC, and edibles would contain a maximum of 10 milligrams of THC per serving and 200 milligrams of THC per package.
If voters pass the Smart & Safe initiative to legalize recreational cannabis, Massullo's restrictions would go into effect 30 days later. The initiative is currently under review by the Florida Supreme Court, a final step before it can be placed on the ballot for the November general election.
Massullo, a Republican based out of Inverness, 70 miles northwest of Orlando, has said his main goal is to "cut down on smoking." But as any smoker could tell him, his proposal would likely accomplish the opposite.
Under the proposed THC cap, marijuana smokers would have to burn through double the amount of legal weed (or more) to rise to the same high to which they might be accustomed via modern, high-powered weed strains, which typically contain THC concentrations exceeding 20 percent. For those experienced in blazing potent strains that reach 30 percent THC, far more huffing and puffing would presumably be required to reach customary levels of cannabis-induced bliss.Massullo says he aims to "cut down on smoking," but as any smoker could tell him, his proposal would likely accomplish the opposite.
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Cannabis legalization group NORML tells New Times that prohibiting potent weed products will not eliminate demand but rather encourage consumers to seek out high-THC items "in the unregulated market."
"This undermines the primary goal of legalization, which is to provide patients with safe, above-ground access to lab-tested products of known purity, potency, and quality," says NORML deputy director Paul Armentano.
Armentano says that unlike alcohol, THC "is incapable of causing lethal overdose in humans." He says NORML is urging lawmakers not to "stifle the adult-use cannabis market before Floridians have even had a chance to vote for it."
Massullo, a West Virginia native who works as a dermatologist by day, has not responded to a request for comment submitted to his Florida House of Representatives office. He represents Florida District 23.
The Smart & Safe initiative, funded by corporate cannabis giant Trulieve, has received more than 1 million petition signatures — more than enough to place it on the 2024 ballot. It seeks to amend the Florida Constitution to legalize personal possession of up to three ounces of marijuana flower and five grams of concentrate.
Florida Attorney General Ashley Moody's challenge to the legalization item is pending in the Florida Supreme Court, where she has argued the ballot language is "misleading" and violates the state constitution's single-subject rule.
Despite his opposition to weed legalization, Gov. Ron DeSantis said at a New Hampshire campaign stop prior to suspending his presidential campaign that he expects the legalization measure to be on the ballot come November.
"I think the court is going to approve that," DeSantis said.
DeSantis' administration and the Republican-controlled legislature's longstanding opposition to marijuana legalization stands at odds with public support. A September 2023 poll found that 60 percent of Florida voters support legalizing recreational marijuana.
If the state's high court allows the Smart & Safe initiative to be placed on the ballot, recreational marijuana legalization in the state will be in the hands of voters — albeit with 60 percent approval required to pass.
Massullo's bill, which is under consideration by the Healthcare Regulation Subcommittee, would not affect the state's thriving medical marijuana market, where high-THC products are sold on a daily basis.
