DeSantis Vetoes Florida Delta 8 Ban

Florida Governor Ron DeSantis is reportedly planning a significant political maneuver on June 4, 2024, by vetoing a controversial bill, SB 1698, which aims to ban the sale of delta-8 THC and other federally legal hemp-derived cannabinoids. The bill was passed by both houses of the Florida state legislature on March 6, but it has not yet been formally presented to the governor for his signature.

DeSantis’ Strategy to Influence Marijuana Legislation

Governor DeSantis believes that vetoing SB 1698 could leverage the hemp industry's support to combat a November ballot initiative—known as Amendment 3—that seeks to amend the Florida Constitution to permit recreational marijuana sales, according to CBS News Miami.

DeSantis, a staunch opponent of marijuana legalization, apparently hopes that maintaining the legality of delta-8 and other hemp-derived products will decrease voter motivation to support Amendment 3. “The veto is for voters and money—keep people from feeling the need to vote for marijuana and get the hemp industry to contribute the money to help fight the amendment,” an unnamed source close to the governor told CBS News.

The Battle Between Hemp and Marijuana Industries

In Florida, the regulated marijuana industry and the hemp industry are often at odds both politically and economically. Supporters of the delta-8 ban include medical marijuana businesses and external entities with ambitions to enter the adult-use market if Amendment 3 is approved. Many see intoxicating hemp products, which are widely available over-the-counter in retail outlets, as encroaching on their commercial territory.

If SB 1698 becomes law, it will outlaw the sale of popular hemp-derived products like delta-8 THC, HHC, delta-10 THC, THC-O, THCP, and THCV, as well as all synthetic cannabinoids. The bill also stipulates allowable delta-9 THC levels in hemp products, sets the legal age for purchasing hemp products at 21, and prohibits packaging that could be mistaken for food items and products “attractive to children.”

Impact on Businesses and Consumers

A ban on hemp-based products would impact numerous businesses across Florida, the nation’s third-most populous state. Those affected include hemp farmers, manufacturers, distributors, and retailers such as vape shops and convenience stores. Additionally, a growing number of Florida residents who use hemp derivatives for anxiety and other medical conditions would be directly affected.

Nationally, about two dozen states have either banned or restricted the sale of delta-8 THC or other hemp-derived cannabinoids, often with backing from the regulated marijuana industry. In some states, the sale of hemp-based intoxicants is confined to state-regulated marijuana dispensaries.

Understanding the Hemp vs. Marijuana Debate

Hemp and marijuana are both varieties of the Cannabis sativa plant. According to the federal government, hemp is defined as cannabis containing less than 0.3% delta-9 THC by weight and is regulated as an agricultural product under the 2018 Farm Bill. Cannabis plants exceeding the 0.3% delta-9 THC threshold are classified as marijuana and remain federally illegal.

The Uncertain Future of Amendment 3

The November ballot initiative, known as the Marijuana Legalization Initiative or Amendment 3, seeks to allow adults over 21 to legally possess up to three ounces of marijuana and up to five grams in the form of concentrates. Should it pass, the amendment would enable existing medical marijuana facilities to sell recreational products and give the state legislature the authority to license additional cultivation and retail businesses.

Passage of Amendment 3 requires approval from 60% of voters, and recent polls on the initiative have shown varying outcomes, according to Marijuana Moment.

As the debate continues, the future of hemp-derived cannabinoids and the broader implications for marijuana legalization in Florida remain uncertain, leaving both industries and consumers in a state of anticipation.

For further details and updates, stay tuned to CBS News Miami and Marijuana Moment.