THC caps advance in House, in case recreational marijuana becomes legal
Florida gets up to speed in awarding licenses to cannabis growers.

The bill would be effective only in the event of a citizens' initiative passing this year.

A bill capping the level of delta-9 THC in the event voters decide to legalize adult-use marijuana moved forward by a 13-4 vote in its first House stop in the Healthcare Regulation Subcommittee.

But the bill is watered down from its original filing when it comes to flower.

After an amendment adopted in committee, Rep. Ralph Massullo’s bill (HB 1269) would limit the psychoactive compound to a 30% level in pre-rolls and whole buds, well above the 10% level in the original bill.

In processed substances, such as vapes, shatter and wax, the cap would be 60% delta-9 THC if this bill passes. For practical purposes, that likely would drive marijuana vendors to add other psychoactive isomers, including delta-8 and delta-10 THC and variants thereof, along with hexahydrocannabinol.

“We’re only at the beginning of understanding the benefits and harms of high-potency THC products,” Massullo said in introducing this bill, which he argued in his close wasn’t a “preemption” of the rights of the voters, but a sign the Legislature would “protect” the public and the medical marijuana program. Medical products wouldn’t change in this bill.

The Massullo bill contemplates a two-track market that offers incentive for people to retain their medical marijuana cards, which include license removals and medical consultations every seven months, in the context of the citizens’ initiative.

“Currently licensed MMTCs would be eligible to acquire, cultivate, process, manufacture, sell and distribute adult personal use marijuana products if the ballot initiative were to pass. The THC concentration of the products currently offered by MMTCs varies by the route of administration from .4% to 90% THC.”

This law would take effect 30 days after November’s election, in the event that an amendment to the state constitution authorizing adult personal use of marijuana makes the 2024 ballot and is passed, as legally required, with at least 60% of the vote.

That ballot language is now up for Supreme Court review.

Polling offers contrasting takes about where voters might land on this, if they get a chance to weigh in.

A Mason-Dixon survey suggests the amendment would have 50% support on the ballot, which would ensure it falls short of ratification. However, other measures indicate support well above the 60% threshold for passage. Notably, a poll conducted by the University of North Florida found 70% of Floridians either “strongly” or “somewhat” favor legalizing recreational use for people over 21, with 29% either “strongly” or “somewhat” opposed.

Smart & Safe Florida already has more than a million verified signatures, meeting the threshold needed for ballot inclusion should the Supreme Court back its position. The committee has raised more than $39 million, almost entirely from Trulieve, the leading dispensary chain in the state in terms of number of storefronts.

During his first term, Gov. Ron DeSantis didn’t back caps for the medical product when a proposal was advanced, though that was a 10% THC cap on flower at the time. He has sent mixed signals on cannabis since, voicing objections to the “stench” of legalized weed, but acknowledging he expected the citizens’ initiative to be on the ballot.

This bill has an uncertain path even if it makes it through the House, however, as there is no Senate companion legislation. So even though legislators from both parties offered cautionary tales about cannabis abuse in support of the caps, this marijuana measure may be message legislation in the end.

A.G. Gancarski

A.G. Gancarski has written for since 2014. He is based in Northeast Florida. He can be reached at [email protected] or on Twitter: @AGGancarski


  • Dr. Franklin Waters

    February 1, 2024 at 1:59 pm

    So people will still just get it from their friend and family in one of the 24 other states where it’s legal while Florida misses out on the tax revenue. Got it.

  • Richard Matthew

    February 2, 2024 at 6:16 am

    Is this cap BS going to affect Medical patients bud as well? Because that’s only going to make medical and adult use together. Adult use will not have the same stipulations on it as medical and will therefore be an issue and people ripping others off. Not cool that we’ve all jumped through all these hoops and voted countless times, and let’s not forget ALL THE $$$$ WE’VE SPENT BEING LIED TOO AND government doesn’t care that by putting this in place, puts medical patients’ health at risk due to noone going to abide by this cap in hence causing people to consistently break the law. And now if I pass my medical joint to somebody with an expired MMJ I. D. then I’m a freaking felon now?! “Non-criminal offense?” Greed and lies when done through all of the proper channels isn’t exactly how this country has worked but lies upon lies and not caring what people have been warning y’all against which puts all other’s health at risk. But some guy thought a cap is a great idea and who cares of the reprocuccions overrides all the millions who did this fair and square but politicians are trained liars. In greed we lie should be our system’s new Moto for 24′. Showing us that we have to do things ourselves because we certainly can’t count on Uncle Sam’s word. I’ll take all the $$ the state has stolen from me and all others. Couldn’t leave well enough alone could they? We were all supposed to benefit from this and they gotta just have it ALL like always. Who cares if we were lied and stolen from and our votes don’t mean shit anymore, right?

  • Richard

    February 2, 2024 at 6:18 am

    The American Way, lie, cheat, steal, deny…. Scumbags

  • Brian Kelly

    February 2, 2024 at 6:20 am

    Legalize federally now. What’s legal to possess and consume in over half of the populated areas of The United States should not make you a criminal in states still being governed by woefully ignorant prohibitionist politicians.

    Cannabis consumers in all states deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol.

    Plain and simple!

    Legalize Nationwide Federally Now!

    It’s time for us, the majority of The People to take back control of our national cannabis policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-cannabis, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.

    Politicians who continue to demonize Cannabis, Corrupt Law Enforcement Officials who prefer to ruin peoples lives over Cannabis possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through cannabis home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose cannabis, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.

    The People have spoken! Get on-board with Cannabis Legalization Nationwide, or be left behind and find new careers. Your choice.

    The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over a trillion dollars.

    Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.

    The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?

    Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?

    Let’s end this hypocrisy now!

    The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.

    Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!

    Legalize Nationwide Federally Now! Support Each and Every Cannabis Legalization Initiative!

    “Cannabis is 114 times safer than drinking alcohol”

    “Cannabis may be even safer than previously thought, researchers say”

    “Cannabis may be even safer than previously thought, researchers say New study: We should stop fighting Cannabis legalization and focus on alcohol and tobacco instead By Christopher Ingraham February 23

    Compared with other recreational drugs — including alcohol — Cannabis may be even safer than previously thought. And researchers may be systematically underestimating risks associated with alcohol use.

    Those are the top-line findings of recent research published in the journal Scientific Reports, a subsidiary of Nature. Researchers sought to quantify the risk of death associated with the use of a variety of commonly used substances. They found that at the level of individual use, alcohol was the deadliest substance, followed by heroin and cocaine.”
    -Washington Post

    “The report discovered that Cannabis is 114 times less deadly than alcohol. Researchers were able to determine this by comparing the lethal doses with the amount of typical use. Through this approach, Cannabis had the lowest mortality risk to users out of all the drugs they studied. In fact—because the numbers were crossed with typical daily use—Cannabis is the only drug that tested as “low risk.”

  • Richard

    February 2, 2024 at 6:22 am

    Being it will be a CIII, then there better be insane quality control and not a spec of mold or poor phlushing, and our government is to blame if anyone gets sick from this stupid ass decision. Gotta keep the issue going when EVERYBODY IS SICK N TIRED OF READING, HEARING, LIED TOO, AND SPENT ALL THIS MONEY THAT WENT WHERE? Where did it go and WTF was it used for FLORIDA??

  • Retardican

    February 2, 2024 at 8:41 am

    Ralph Massullo is the dirtbag behind this.

    • MH/Duuuval

      February 2, 2024 at 11:53 am

      I don’t know about Dr. Ralph’s motivation, but if there were clean, no seeds and twigs, homegrown rated at 30 THC and taxed — we got a deal! (However, this looks overall like an effort similar to the referendum vote restoration for former felons that the MAGAmites loved to death.)

  • Dan Coughlin

    February 3, 2024 at 1:08 pm

    The 30% limit on whole buds seems pretty generous. Absent of any restrictions, that’s about where buds are topping out right now. The 60% on concentrates is well under the current products, which top out around 85%. If the dispensaries have to cut their concentration, but drop the price accordingly, I don’t see how this is a big problem. I’m not saying the proposed regulations are right or wrong, only that they won’t make much difference from a practical perspective.

  • Walter Evans

    February 3, 2024 at 3:31 pm

    30% is extremely high. Valid research links high levels of THC use to mental health disorders. Especially up to the age of 25 when the brain is still developing. Recreational states have marked increases in cannabinoid hyperemesis syndrome, and emergency room visits.
    There are no studies on the long term effects of vaping. Leave it to Florida to allow a system of crack marijuana. 30% is not anywhere near natural. THC potency in dried cannabis has increased from an average of 3% in the 1980s to around 15% on average today. The strains that have 30% THC and higher are not the norm, and have been specifically bred to reach those high levels. This did not happen naturally. The endocannbinoid system is remarkable, and been touted as a system of balance for the other systems in our bodies. However exposure to excessive amounts of THC diminishes the very system by a reduction of receptors. In other words, high levels of THC and excessive usage is not at all necessary, and does in fact cause harm.

  • Richard

    February 3, 2024 at 5:43 pm

    Who is anyone to decide what is generous to something that affects each and every person wildly differently? So I can disagree with whatever medicine saved your life from the brink of death and just change wtf ever u like when it wasn’t yours to decide what was paid for and out voted by a damn landslide multiple times as well as all the false promises and lies upon lies is any of one person’s business when millions say otherwise. Generous? I’m gonna make mine really generous because of being treated like a child and stolen from, like it was for our benefit yet still a felony to pass it to someone with an expired I.D.! Decriminalized?! Not so much! Greed greed and lying comes natural. Trust as of this day now? Non exitent…. Thanx to everyday lies and denial of any responsibility for making our decision up for us after everything was already in place thru the proper channels etc etc etc and what? You were joking? STFU and tell one truth before u leave this earth. U may learn something. Or understand respect which u have none of from by all uve lied directly too. Thats ok NBD RIGHT?

Comments are closed.


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