Florida is close to outlawing products made from delta-8 hemp

Vape shop counter – Courtesy: Shutterstock – Image by Jonathan Weiss

Legislators in Florida are just one step away from outlawing delta-8 products, which include edible candies, vaporizers, and joints that can give users a euphoric high.

A bill that would prohibit the legal sale of either naturally occurring or manufactured delta-8 and delta-10 compounds as hemp products was unanimously approved by Florida senators on Thursday. There is also a House bill that is poised for a full chamber vote.

What you need to know about the proposals is as follows.

Delta-8: what is it?

There are over 100 different cannabinoids, or chemicals, in the cannabis plant.

The most well-known of them is delta-9, also known as tetrahydrocannabinol, or THC, as most marijuana users know it. It is the ingredient that gives users of the drug a “high.”

Similar to delta-9, other naturally occurring THC molecules include delta-8 and delta-10. While delta-8 is usually less strong than delta-9, it can nevertheless have a psychedelic effect.

Online, in retail stores, smoke shops, gas stations, and other locations across Florida are where you may purchase Delta-8 gummies, tinctures, vapes, and other goods.

What worries people about Delta-8?

The Food and Drug Administration has voiced concerns regarding the processing of delta-8 and has not assessed its safety.

The FDA states that because hemp has a low natural concentration of delta-8, producers may chemically change other cannabinoids, such as CBD, into delta-8.

According to the FDA, possible pollutants introduced by that synthetic process are a cause for worry. In a public health advisory from 2021, the Centers for Disease Control and Prevention voiced a similar concern over pollutants.

In its notification, the CDC also voiced worry that individuals looking for moderate products—like CBD—might not be aware of or ready for the impacts of delta-8 compounds.

According to the National Cannabis Industry Association, seven states have severely restricted the usage of delta-8, and seventeen states have outright outlawed it.

What are the proposed bills?

The measures, HB 1613 and SB 1698 would limit the strength of hemp products to no more than 2 milligrams of delta-9 THC per serving and no more than 10 milligrams of THC per package, in addition to eliminating delta-8 and delta-10 from being classified as hemp products.

To deter kids from purchasing hemp goods, it would also forbid the flavoring of any hemp vapes.

Additionally, it would mandate that the national poison control hotline number be displayed on hemp product packaging. Additionally, it gives the Florida Department of Law Enforcement $2 million to purchase testing apparatus.

What makes delta-9 and delta-8 treated differently?

Both the delta-8 market and the hemp sector overall are relatively recent developments. The Farm Bill, approved by the US Congress in 2018, legalized hemp and described it as a cannabis plant with less than 0.3 percent delta-9 THC. However, the amount of delta-8 THC that might be included in hemp products was left open by that federal bill.

What are the opinions of the bill’s supporters and opponents?

Rep. Tommy Gregory, R-Lakewood Ranch, the sponsor of the House bill, has stated that his legislation is a consumer protection tool, citing a rise in calls to the poison control line regarding hemp intake.

However, company executives have criticized the law, claiming that the excessively restrictive provisions have the potential to destroy Florida’s hemp sector. According to Michael Pool, owner of a hemp product store in Tampa, even items without any psychoactive effects may be impacted by the THC restrictions.

Legislators have heard from several customers who claim that using hemp products has helped them manage their physical pain and avoid using prescription drugs.

A woman informed lawmakers that if hemp products were outlawed, people would have to turn to the medical marijuana market to control her epilepsy. She voiced worries about being added to a registry for an offense that still defies federal law.

Representative Hillary Cassel, a Democrat from Dania Beach, stated that rules that undermine the hemp sector are frequently implemented to take away competitors for recreational marijuana, which Floridians could legalize through an amendment that might be put on the ballot in 2024.

Though the judges questioned the state’s attempt to invalidate the amendment, the Florida Supreme Court has not yet decided on whether it may remain.


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