House panel moves hemp bill with THC cap, age restriction

Image by Niksy from Pixabay.

A House committee is moving legislation that would impose regulations on hemp products.

HB 1475, sponsored by Rep. Will Robinson, would put guardrails on the agricultural industry that has grown in the state in recent years, even as the sponsor said changes were likely before it makes the House floor.

Robinson, a Bradenton Republican, framed the bill as establishing a “clear lane” for the hemp sector, removing it from the current “wild, wild west” approach critics like Agriculture Commissioner Wilton Simpson have decried.

The bill would ban hemp products for users under the age of 21. It also sets up requirements for containers, including establishing that they are “suitable to contain products fit for human consumption,” they mitigate exposure to light and high temperatures, and (consistent with packaging in the state’s medical cannabis program) the materials aren’t designed to be “attractive to children.”

“This bill protects children,” Robinson noted, adding that the bill blocks the “chemical manipulation” of the substance, which he feels subverts original legislative intent, specifically regarding Delta 8.

The bill also envisions THC caps on the product, though that condition has been modified in the committee process. The Agriculture, Conservation & Resiliency Subcommittee upped the limit on the amount of THC hemp extract products may contain from 0.5 milligrams per serving to 5 milligrams per serving, and from 2 milligrams per package to 50 milligrams per package.

Robinson clarified that there will not be a cumulative cap on purchases, like the Florida Medical Marijuana industry has. He also is contemplating increasing allowable THC in packages, perhaps addressing that with a strike-all amendment at the next committee stop.

He stressed that CBD won’t be impacted by this legislation, but Delta 8 and Delta 9 will be, and that will be clarified in a future amendment.

The legislation also contends hemp derivatives that comply with the law are not considered “controlled substances,” such as the hemp cousin known as marijuana. To that end, the legislation sets a bar consistent with the federal bar established in the 2018 Hemp Bill of no more than “0.3% Delta-9 tetrahydrocannabinol on a wet-weight basis.”

The bill language encompasses items not traditionally considered as food, such as “snuff, chewing gum, and smokeless products derived from or containing hemp,” but excludes synthetic cannabinoids, defined as “products where acid or other solvents are used to adulterate the product and artificially infuse it with cannabinoids not organically present.”

The bill has driven a number of complaints from the industry and its advocates.

Marijuana Moment reports that hemp proponents believe the bill is a gift to medical cannabis companies.  Members of the public also offered input on Wednesday, with most saying it would adversely impact the industry and its consumers.

William Clark of the Libertarian Party of Florida said the bill was “anti-free market” and “anti-free Florida principles,” targeting a “benevolent boogeyman” to benefit the corporate marijuana industry.

J.D. McCormick of the Florida Healthy Alternatives Association said the bill “misrepresents” the process that produces so-called synthetic cannabinoids, and said the dosage limits “do not make it economically feasible to sell or produce these products.”

Attorney Philip Snow said “harsh regulations” hurt businesses, with states losing tax revenue due to overregulation.

“This bill clearly shuts the door on existing or future hemp businesses,” Snow warned, noting other states are considering much more liberal serving size caps.

Patrick O’Brien of Sativa University said jobs were at risk, and that the bill privileged “monopolies” over the people.

In debate, some Democrats sounded notes of caution.

Rep. Dianne Hart of Tampa was worried about a potential of 190,000 job losses, noting that many from her city opposed the legislation. Rep. Lindsay Cross of Pinellas County likewise was a “no” in committee, but welcomed changes.

Rep. Hillary Cassel of Broward County said she had “faith in this process,” expressing confidence amendments would improve the bill before a final House vote and stressing the importance of “regulation for the children.” She was up on the bill.

Lawmakers advanced the bill on a 12-3 vote.