Peter Schorsch
As Rep. Michelle Salzman continues her work shepherding legislation to regulate hemp products, including THC-infused beverages, it is imperative for her to make decisions on the bill that make keeping products out of the hands of minors the top priority.
Her proposed amendment to tax THC-infused drinks and other products is appropriate, with a 20% proposed tax on the beverages that aligns with cigarette and wine taxes. But another part of the amendment she’s considering is dangerous, and should be reconsidered.
As it currently stands, the bill (HB 7029) would block sales of THC-infused beverages at gas stations and convenience stores, places easily accessible to kids and teens. While such stores can sell beer and wine, most do not carry liquor licenses to sell the harder stuff, and for good reason.
It makes sense to limit sales to establishments already licensed to sell liquor, such as at liquor stores, bars and certain restaurants. In the case of liquor stores, there are already rules in place that limit a minor’s access without a qualifying adult present.
The current version of the bill blocks sales of THC-infused beverages at convenience stores.
Salzman’s attempt to remove that restriction may have merit. Gov. Ron DeSantis vetoed a similar legislative package last year, writing in a veto message that regulations on the burgeoning hemp market would “impose debilitating regulatory burdens” on Florida retailers. Allowing sales at convenience stores may be an effort to ensure his support this year. But it’s foolhardy.
The measure, as well as a similar measure (SB 438) that has already cleared the upper chamber, rightly include various provisions to protect kids, including restricting packaging that may be attractive to children and, in the Senate version, signage that promotes the products.
It’s clear that sales of these products are appropriate — many consumers use them as an alternative to alcohol and, when used responsibly, they can be safe. But such sales should only be made under key conditions, including limiting THC dosage at 10 mg or less for single-use units or at 100 mg per package, as long as the serving size does not exceed 10 mg of THC.
There may be limited circumstances for which higher dosages are appropriate, but it is reasonable to expect that such sales be restricted to licensed medical marijuana dispensaries and not be readily available in liquor stores.
The legislation, for the most part, rightly seeks to regulate THC products derived from hemp — known as Delta-9 — similarly to alcohol. But unlike alcohol, which is often sold in attractive packaging, THC products should, as the bill currently insists, be sold without any imagery that could be attractive to minors and restricted to those 21 years of age or older.
And clear labels should be provided outlining the total THC content.
DeSantis was not entirely wrong for being concerned about retailers, but sensible regulation is critical in protecting our children, and it can be accomplished in a way that protects retailers such as liquor stores.
While it may be frustrating to convenience store business owners, kids simply must be prioritized over profit.
