Florida House Cracks Down on Hemp, Divides Republicans

TALLAHASSEE, FL—A bill banning delta-8 and capping THC milligrams in hemp products divided House Republicans Tuesday afternoon, raising concerns about the economy and sick patients who use hemp to cope with their illnesses.

"The legislature has made some mistakes," HB 1613's sponsor, Republican Rep. Tommy Gregory said Tuesday. "We've regulated marijuana instead of really focusing on the substance, the underlying psychoactive substance—the delta-9 and the THC."

Though both hemp and marijuana are cannabis plants, hemp contains less than or equal to 0.3 percent of delta-9 THC, while marijuana contains higher levels. THC, or tetrahydrocannabinol, is the component that creates a “high” for cannabis users.

Delta-10 and the popular delta-8, meanwhile, are typically less potent versions of delta-9. This definition of delta-9 THC for hemp, however, leaves the door open for increased delta-8 THC in these products.

Gregory's bill excludes delta-8 and delta-10 from being sold as hemp products, caps the strength of hemp products to no more than 2 milligrams of THC per serving, bans flavoring from hemp vapes, and requires the national poison control hotline number be printed on these products. Finally, it allocates $2 million to the Florida Department of Law Enforcement for testing equipment.

Republican Rep. Jim Mooney opposed the bill, explaining that both he and his 92-year-old mother use CBD to ease pain, worrying that the THC caps in the measure would affect his family. He joined the Democrats and three other Republicans in opposition in Tuesday's House Appropriations Committee.

Martha Bueno, the CEO and co-founder of Our Good Products—a hemp business—cited the negative economic impact the bill would have on Florida, calling it an "economic tsunami".

"Economic reports estimate that a potential closure of 9,500 licensed businesses represents a staggering $6.9 billion blow to Florida's annual revenue. There will be a direct loss of nearly half a billion dollars in sales tax revenue to the state," She said. "Because you will be closing down legally licensed businesses, the state of Florida will face an avalanche of lawsuits for damages,"

According to the FDA, hemp's naturally low levels of delta-8 leads producers to synthetically convert cannabinoids such as CBD into delta-8, creating a more potent version of the product. The CDC released a 2021 public health notice warning that consumers seeking hemp may be unprepared for the strengthened delta-8 products in hemp. This, Gregory says, is part of his bill's impetus.

HB 1613 passed its final committee this session and will head to the House Floor. Its Senate companion, meanwhile, passed the Senate Floor unanimously.