Ron DeSantis Signs Law Tightening Regs On Medical Marijuana Ads And Workers' Eligibility

Florida’s ongoing battle to get legal cannabis on the ballot for 2024 just got another wrench tossed into the works. Presidential candidate Gov. Ron DeSantis (R) signed a bill in May that took effect last month, which expands restrictions on medical marijuana advertising and manufacturing by prohibiting all products or messages that promote “recreational” cannabis use.

The bill also adds more stringent eligibility requirements for workers in the industry, including removing exemptions from employment background screenings for people with certain criminal convictions.

The changes, which went into effect on July 1, could significantly impact the medical marijuana market especially if the adult-use legalization measure makes it onto the ballot in 2024 and is approved by voters, an event the state’s Attorney General Ashley Moody seems to be vigorously attempting to scuttle.

The new law prohibits cannabis manufacturers and retailers from producing or advertising products that appeal to children or promote recreational use. This includes products that are flavored, brightly colored, shaped like animals, or otherwise attractive to children.

Marijuana Moment’s Kyle Jaeger, who first reported this story, noted that the policy does not explicitly prohibit the promotion of non-medical use and that the restrictions only applied to infused edibles.

The law, which also prohibits the use of the words “recreational” or “adult use” in any marketing materials for medical marijuana products, does not define what constitutes promoting recreational use, so it is unclear how it will be enforced. 

Eligibility Requirements

The new requirements make it more difficult for people with certain criminal convictions to work in the field. Convictions include felonies after three years have elapsed, misdemeanors after they’ve completed the terms of their sentence, felonies that have since been reduced to misdemeanors and offenses that would have been felonies if they were committed by adults after three years have elapsed.

The changes could make it more difficult for people with prior marijuana-related convictions to work in the industry, which could disproportionately impact Black and Brown Floridians.

Lab Testing Changes Included

The law expands background testing for all medical marijuana lab-testing employees, not just lab owners and managers as was previously the case. It compels the company to pay for federal fingerprinting and retention fees rather than the individuals.  

Read Marijuana Moment's full coverage here.

Want to hear more about what's going on in Florida as well as other states, which are legalizing cannabis or trying to,  join us at the Benzinga Cannabis Capital Conference in Chicago on September 27 and 28.  All information is available on bzcannabis.com