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The Florida Senate passed the SB 1698 bill that banned Delta 8 products in the state in March 2024. Supporters of the bill argued that it would enhance safety as the use of tetrahydrocannabinol (THC) has boomed. This new law brought significant changes that impacted various stakeholders, businesses, and consumers.
However, the new law has been vetoed by Gov. Ron DeSantis. The regulations on cannabis use will now be decided by the November elections. While the Senate has passed the bill, many people are opposing it.
In this article, we will look at the debate surrounding new hemp laws in Florida. We will understand the history and what will happen if Amendment 3 is passed in the coming elections.
The Background of Hemp Legislation in Florida
Following the federal 2018 Farm Bill’s approval, which authorized hemp growing nationwide, Florida’s hemp adventure really got underway. This measure distinguished hemp from marijuana by defining hemp as cannabis with less than 0.3% THC (tetrahydrocannabinol).
However, the use of medical marijuana was adopted by the state even before the 2018 Farm Bill amendments. As stated by Herald-Tribune, the state adopted medical marijuana in 2016 by a vote of 71% to 29%.
Florida established its own legal structure for the production and selling of hemp after other states did, and the sector has since flourished. However, as the sector grew, worries about compliance, safety, and regulations also grew.
Some loopholes in the framework allowed sales of Delta 8 THC and cannabis even though its recreational use is illegal. Some people buy tetrahydrocannabinolic acid (THCa), which is non-psychoactive. However, burning THCa triggers decarboxylation, which converts it to THC, which can have psychoactive characteristics.
Due to such concerns, the Senate passed the SB 1698 Bill that banned the sale of Delta 8 THC. However, Gov. Ron DeSantis recently vetoed the bill on June 8, 2024. The veto message stated that passing the bill would put very strict regulatory burdens on small businesses. Thus, it would fail the purpose of only addressing the concerns around illegal use.
Impact on Retailers and the Sale of Hemp Products
Retailers in Florida that sell hemp goods also have to deal with a new set of rules. All hemp-derived goods that are sold in the state are required by law to adhere to strict testing and labeling guidelines.
Goods must clearly state their components, the amount of THC in them, and where the hemp utilized came from. This transparency is meant to assist customers in making educated judgments and prevent the sale of untested or incorrectly labeled items.
Additionally, the selling of some hemp products was also prohibited by the SB 1698 Bill, especially those that can appeal to children. For example, to avoid youngsters accidentally consuming them, edible goods that mimic popular candy or snacks are being scrutinized more closely. It is imperative for retailers to guarantee that the packaging and labeling of these items decrease their attractiveness to younger consumers.
These regulations could have significantly impacted both small and large companies in the state. For instance, a cannabis company with its manufacturing hub in Ocala, Florida, had signed a deal to sell CBD at gas stations. However, if the bill had stayed imposed, then the deal to sell CBD products would have been affected.
In that case, people would not even be able to get medical CBD products from gas stations in Ocala and other cities. There are many medical marijuana cardholders in Ocala who would be happy with the decision. These users rely on CBD products for various health conditions, including sleep issues, pain, anxiety, etc.
As noted by Natural Life, many products, including hemp flower, Delta 8 THC, CBD oils, etc., are helpful for these conditions. They can give you a soothing sensation that can help you calm and feel relaxed. This lets you sleep peacefully while helping relieve any stress or anxiety.
The Future of Florida’s Hemp Industry: Amendment 3
After the citizens had opposed the SB 1698 Bill, the Florida Supreme Court allowed the matter to appear on the ballot. The initiative will be put on the ballot in the upcoming November elections. However, instead of banning hemp products, voting will be done to legalize its recreational use.
Amendment 3 proposes that adults who are 21 years or older should be allowed to use CBD for recreational purposes. They should also be allowed to purchase and possess marijuana for consumption through ingestion, smoking, or other use. If the bill passes, these adults can keep up to three and five grams of cannabis concentrate with them.
To come into effect, the proposal needs to get at least 60% votes. However, even if it passes, it can take several months to come into effect. Once Amendment 3 passes, the Florida Legislature will need time to implement it and create necessary regulations to prevent misuse.
Frequently Asked Questions
Can you buy CBD gummies in Florida with a medical card?
Gummies, oils, tinctures, and other edible CBD products with a defined THC content can be lawfully bought and used in Florida. Purchasers of these goods must be at least eighteen. Inhalants, however, are only available to adults over 21.
How many medical cannabis cards are there in Florida?
With a medical marijuana card, more than 850,000 Floridians are able to buy and consume a range of marijuana products. Floridians may soon have the opportunity to decide whether to legalize marijuana for recreational and non-medical use.
What is SB 1698 Florida?
SB 1698 would have made it illegal to produce, transport, store, distribute, or sell hemp extracts that include delta-8 THC. However, the law was vetoed by Governor Ron DeSantis, rendering it unenforceable.
The state of Florida’s recently enacted hemp legislation is an attempt to control the quickly expanding market in the state. The law seeks to make the industry safer and more transparent by concentrating on consumer safeguards. Whether recreational use is legalized in Florida or not will be decided after the November elections.
