Ralph Massullo bill would cap THC in recreational pot

A bill filed in the House would blunt the effects of a proposed constitutional amendment legalizing recreational marijuana.

Filed by Lecanto Republican Rep. Ralph Massullo, the bill (HB 1269) would place strict limits THC content in recreational cannabis. THC, short for tetrahydrocannabinol, is the compound contained in cannabis that produces a high.

Massullo’s bill would cap THC content at 10% for smokable marijuana, including whole flower, and a 60% limit for non-smokeable cannabis, such as vaporizer cartridges. Additionally, the bill would limit edibles to 200 milligrams per package with no more than 10 milligrams of THC in a “single serving portion.”

The proposed potency limits are below what is typically sold to recreational users in states where cannabis is legal, as well as most medical marijuana products available to patients in Florida. Whole flower cannabis sold at dispensaries generally contains about 20% THC by weight, though some varieties have higher or lower concentrations.

The bill’s approval could force dispensaries to bifurcate their offerings by stocking new, lower-concentration products for recreational cannabis customers.

According to potency testing detailed in a 2023 research article by Anna Schwabe of the University of Northern Colorado, all tested recreational cannabis products in that state contained more than 10% THC by weight. Additionally, Schwabe and her co-authors found that most products over-report THC content — the average observed potency was 23.1% lower than the lowest label reported values for the tested products.

Massullo’s bill would “take effect 30 days after passage of an amendment to the State Constitution authorizing adult personal use of marijuana.” Assuming the proposed amendment makes the 2024 ballot and earns voter approval, the effective date would be Dec. 5.

The campaign to get adult use cannabis on the 2024 ballot has collected about 1 million verified petition signatures — more than the 891,000 required to make the ballot. The Florida Supreme Court still must sign off on the proposal. The court heard arguments on the amendment late last year and appeared amenable, though it has not issued a formal ruling.

If the amendment makes the November ballot, it must earn at least 60% support from voters to pass.