Florida GOP Representative Throws Wrench Into Proposed Cannabis Legalization Initiative With Bill To Cap THC Levels

Zinger Key Points
  • The bill, if adopted, would impose limitations on the potency of marijuana ahead of the legalization vote expected in November 2024. 
  • Florida AG Ashley Moody calls the legalization initiative “reckless” and misleading. Advocate's lawyers beg to differ.

Florida State Rep. Ralph Massullo (R) preemptively filed a bill on Friday that, if adopted, would impose limitations on the potency of marijuana ahead of the legalization initiative expected to appear on the ballot in November 2024. 

The bill, HB 1269, proposes setting a cap on THC content in cannabis products. Under the measure’s purview, THC in smokable pot products would be limited to 10 percent by weight or volume.

For other forms of cannabis, excluding edibles, the bill proposes a higher threshold of 60 percent THC in the final product. Edibles would face even stricter regulations, with a cap of 200 milligrams of THC per product and a 10-milligram limit per serving, reported The Capitolist.

The proposed legalization amendment, backed by Smart & Safe Florida (SSF) and funded by cannabis retailer Trulieve Cannabis Corp. TCNNF, aims to permit adults aged 21 and older to possess, purchase or use marijuana products for non-medical use.

Florida's Attorney General Ashley Moody, who has been trying to keep the constitutional amendment off the state's 2024 ballot said voters who support legalization are buying into what she called a “reckless” proposal supported by the “monopolistic” Trulieve, the largest medical marijuana distributor in FloridaIndeed, Trulieve is the primary financial supporter behind Smart & Safe's citizen-led petition with more than $39 million in contributions.

One of Moody’s main complaints about the ballot initiative proposal is that it does not explicitly spell out the fact that cannabis is illegal at the federal level, which she has called "misleading.”

Smart & Safe's Attorney Begs To Differ: Attorney John Bash, representing Smart & Safe, defended the initiative's clarity during oral arguments in front of the state’s highest court in November. He contended the proposal is easy to understand.

“Common sense is that voters going into the voting booth, knowing they are voting on changing the organic law of this state, will take that duty responsibly and seriously and really think about what they are reading and if this is what they want,” said Bash, adding the ballot language followed the court’s previously established guidelines.

Florida Justices are expected to rule by April 1 on whether the amendment can be presented to Florida voters. It would then need to pass with a 60% majority for it to become law.

More than one million Florida voters have already signed petitions in support of the amendment, surpassing the necessary signature requirement upheld by Florida Statute.

Photo: Benzinga edit with photo by Ernie114 at Pixabay

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