Florida Representative Ralph Massullo introduced House Bill 1269 on Jan. 5, which received its first reading on Jan. 9. If passed, the bill would implement limitations on potency in cannabis products specifically if adult-use cannabis is legalized.

The bill proposes strict limitations for smoking products, concentrates, and edibles. “Marijuana for personal use may not have a tetrahydrocannabinol potency, by weight or volume, of greater than 10% for marijuana in a form for smoking or greater than 60% in the final product for all other forms of marijuana, excluding edibles,” the original filed version states. “Edibles for personal use may not contain more than 200 milligrams of tetrahydrocannabinol and a single serving portion of an edible may not exceed 10 milligrams of tetrahydrocannabinol.”

In comparison to other state potency limitations, Massullo’s potency percentages are much lower. Also, the definition of “potency” within the HB-1269 text is complicated, described as “…the relative strength of cannabinoids, and the total amount, in milligrams, of tetrahydrocannabinol as the sum of delta-9-tetrahydrocannabinol, plus 0.877 multiplied by tetrahydrocannabinolic acid, plus delta-8-tetrahydrocannabinol and cannabidiol as the sum of cannabidiol, plus 0.877 multiplied by cannabidiolic acid in the final product dispensed to a patient or caregiver.”

There are a few other proposed bills for the Florida 2024 legislative session. House Bill 1435 would create “Registry Identification Cards” for military veterans. House Bill 1497 would exempt specific applicants from medical cannabis treatment center licenses. Senate Bill 94 proposes reduced penalties for a person possessing 20 grams of cannabis or less for the first three violations. Senate Bill 166 would create protections for medical cannabis patients if they are public employees.

Massullo anticipates that adult-use legalization is right around the corner for Florida, especially with the 2024 ballot later this year. One initiative, Smart & Safe Florida, announced in June 2023 that it had gathered enough signatures to qualify for the ballot this year.

The campaign’s primary funding comes from multistate operation Trulieve. According to a statement by Trulieve CEO Kim Rivers, expressed the company’s dedication to consumers. “Our investment demonstrates our firm belief that Floridians are ready to experience the freedom to use cannabis for personal consumption; a freedom which is currently enjoyed by more than half of America’s adults,” Rivers said. “With over 965,000 validated signatures from nearly every part of our state, it is clear these voters share that belief. We are thrilled the campaign has made this milestone and look forward to seeing this initiative on the ballot next November.”

However, Florida Attorney General Ashley Moody challenged the initiative just after the initiative gathered enough signatures. “We want to restate the fact that the petition language for this measure—which garnered over a million signatures from Florida voters—was drafted very conservatively and with the guidance of this very court,” Smart & Safe Florida stated in October 2023. “We anticipate that the court will stick to its deferential standard of review and will agree that the language strictly adheres to the law and the Florida constitution and will give the voters the opportunity to vote on this subject.”

In November 2023, oral arguments were made by the Florida Supreme Court. In response, Smart & Safe Florida released a statement about the hearing. “We believe that after today’s oral arguments, it is clear that the language was drafted to conform to the roadmap that the Court itself has provided in prior cases,” the organization wrote. “We hope that the Court agrees that the language strictly adheres to the law and will allow the citizens of Florida to exercise their sovereign right to decide whether to amend their constitution.” So far, no more progress has been made on the case, and the future of Smart & Safe Florida’s initiative is uncertain.

According to data provided by the University of North Florida’s Public Opinion Research Lab, 67% of poll participants said they would support adult-use cannabis in Florida, while only 28% said they would vote no, and 5% said they didn’t know, or declined to answer the question.

Recently, a different cannabis-related 2024 ballot initiative that would have allowed medical cannabis patients to grow their own cannabis at home was recently ended. In late December 2023, activists from a group called Wise and Free announced that they had withdrawn the initiative due to not collecting enough signatures. “The legislators keep making it harder for us to pass constitutional amendments so that giant conglomerates and large corporations are able to accomplish what they want, but we’re not,” said advocate Moriah Barnhart.

The initiative required 900,000 signatures, but the group also lacked necessary funding to properly manage the campaign. “When we could foresee being charged for late petitions in the millions, I couldn’t risk being personally accountable for those fees—especially since donations weren’t coming in to match the expenditures, much less additional costs,” Barnhart continued. “Now, billion-dollar companies and conglomerates are the only people who can have a say in Florida law.”

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Today California Governor Gavin Newsom signed Assembly Bill 45, establishing a comprehensive regulatory framework for the manufacture and sale of hemp-derived products in the state, including smokable hemp as well as hemp-infused food and drink sales. As an emergency statute, the bill goes into effect immediately.

While CBD products are freely found in stores, they are considered “adulterated” under existing California law, which is defined under the Sherman Food, Drug, and Cosmetic Law. What AB-45 will do is provide clarity for the hemp industry—more importantly, reassuring hemp consumers that products are independently tested and labeled properly.

EcoGen BioSciences, recently acquired by Kadenwood Brands, is the “largest supplier of raw hemp ingredients in the business,” and is heavily impacted by the new regulations. “AB-45 provides a model for hemp framework across the United States that we believe is necessary to move the industry forward,” Garrett Bain, President of EcoGen BioSciences told High Times. “As California takes the lead on clarifying the requirements for hemp to be included in food products and dietary supplements, we anticipate seeing other states adopt this model as well. These requirements that span labeling, serving size, testing regulations, and sourcing will allow hemp products to gain mainstream legitimacy and increased safety. Only through regulatory consistency will we see this industry grow to eliminate unlicensed and potentially harmful products from non-compliant manufacturers.”

Other leaders in hemp celebrated the bill as well. “California has been an industry leader in both cannabis and hemp throughout the years but not without its shortcomings and challenges,” Blake Schroeder, CEO of Medical Marijuana, Inc. told High Times. “As pioneers of California’s legal hemp industry, we have witnessed the many back and forth debates with respect to hemp and CBD, even after its Federal legality was outlined by the 2018 Farm Bill. We welcome the new focus on safety and consistency set by AB-45. Our company created many of the testing standards that most major players in the industry still use today. We hope that this bill helps weed out the companies that are selling fake or inaccurately labeled products.” Medical Marijuana, Inc. is a holding company with subsidiaries making a wide range of hemp-based products.

The California Cannabis Industry Association (CCIA) issued a breaking update, early this morning—alerting hemp business owners who will inevitably be impacted by the news. Assembly Bill 45 explicitly allows the sale of hemp-derived extracts that comply with testing and labeling standards—notably CBD.

“We cannot thank the author enough for her tireless and unparalleled work to get comprehensive hemp regulations passed,” said CCIA Executive Director Assemblymember Lindsay Robinson. “Aguiar-Curry has been steadfast in her approach to create a level playing field between cannabis and hemp while protecting the health and safety of all Californians.”

Robinson continued, “AB 45 establishes a long overdue, comprehensive framework for the manufacture and sale of hemp products in California, but our work is not over. We look forward to working with the author on future legislation to establish a pathway for the incorporation of hemp into the cannabis supply chain.”

Politico described the momentum of the bill as the end of the “Wild West era” of CBD. Here’s why it matters: California’s CBD market hit $730 million in sales in 2019—two and a half times more than any other state. 

The bill was authored by Assemblymember Cecilia Aguiar-Curry, representing the 4th California Assembly District. “The product is everywhere. You can walk into a World Market, a health food store, a pet store, and you’ll see CBD there,” said Aguiar-Curry. “There’s no labeling, it doesn’t tell you if it’s safe. So, I want to make sure that people know what they’re purchasing.”

A series of mishaps of mislabeled CBD products in various states—some with alarming findings—highlighted the urgent need for better regulations. A sampling from the Minnesota Hemp Farmers and Manufacturers Association (MHFMA), for instance, found over two-thirds of CBD products deviated from what the labels claimed. If a product has more than 20 percent deviation of CBD content from what the label stated, the U.S. Department of Agriculture (USDA) can deem it “misbranded.”

JD Supra reports that hemp manufacturers must register with the California Department of Public Health (CDPH) and adhere with good manufacturing practices (GMP); test extracts to ensure total THC does not exceed 0.3 percent and maximum contaminant levels; link product labels to lab testing results for THC, avoiding unproven health-related claims; demonstrate their hemp is grown in a state or country that has an established industrial hemp program.

Last but not least—hemp manufacturers must avoid marketing to children or pregnant women.

Hemp-infused food and dietary supplements must demonstrate proper sourcing, and can’t be included alongside alcohol, tobacco or nicotine.

In charge of regulations, CDPH could do anything from regulating maximum serving doses to mandating tracking standards. The bill also directs CDPH to study the introduction of hemp-derived cannabinoids into the cannabis supply chain.

The regulations apply to hemp-derived food, beverages, dietary supplements, cosmetics, pet food, inhalable products. Interestingly, inhalable hemp products can be manufactured and sold outside of California, but may not be sold within California until a tax is implemented.

Once federal law regarding hemp-derived products is clarified, new regulations will likely be adopted as it would be necessary to comply with federal law. 

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Texans will have the ability to legally manufacture smokable hemp products after all. A judge in the Travis County District Court in Texas ruled that a ban on smokable hemp in the state is unconstitutional—siding with several hemp companies that filed a lawsuit, challenging the 2019 ban on smokable hemp products passed by Texas lawmakers.

Last year, four hemp businesses filed the lawsuit in a Travis County District Court against the Texas Department of State Health Services and its commissioner—John Hellerstedt. In the end, they prevailed. This follows a ruling last week that allows smokable hemp to be sold in Texas. With the latest ruling, smokable hemp products can also be manufactured in the state.

Judge Lora Livingston of the 261st District Court sent a letter dated August 23 with her ruling to toss out the ban in the case Crown Distributing LLC, et al. v. Texas Department of State Health Services, et al. The judge indicated in the letter that a final judgment should be prepared and submitted for her signature soon.

In the ruling, Judge Livingston ruled that Section 443.204(4) of the Texas Health and Safety Code and Section 122.301(b) of the Texas Agriculture Code violate the Texas Constitution.

Section 443.204(4) of the Health and Safety code reads “the processing or manufacturing of a consumable hemp product for smoking is prohibited.” Section 122.301(b) of the Agriculture Code clarifies that a state agency “may not authorize a person to manufacture a product containing hemp for smoking.”

Judge Livingston ruled that “25 Texas Administrative Code Section 300.104 is invalid in its entirety.” Section 300.104 regards the manufacturing and sale of hemp, specifically.

The judge also granted a permanent injunction against the Texas Department of State Health Services from enforcing the ban via the sections above.

According to locals, the ban didn’t apply to using smokable hemp—only manufacturing it—so Texas residents were routinely crossing state lines or going online to buy it.

Several months ago, the Dallas Observer reported that Texas law enforcement officers keep confiscated hemp-derived products in general, which are legal at the federal level under the 2018 Farm Bill. 

The Hemp Industry Rejoices Ban Lift on Smokable Hemp

Hemp industry insiders across the board were thrilled with the latest legal curveball—considering the vast potential of hemp cigarettes and similar products. As more people become interested in smoking cannabis during the day without it impacting workflow and motor skills, hemp cigarette products are booming.

Smokable hemp products are frequently a hot topic among opponents to cannabis reform because they are almost indistinguishable from cannabis products. They are favored by some consumers because they offer fast delivery of hemp-derived CBD. Due to their popularity, smokable hemp-derived CBD products represent a significant share of the overall CBD market.

“Today’s ruling is a major win for Texas’ hemp industry, and may set a new standard in similar cases across the country,” President of Texas Hemp Growers Zachary Maxwell said in a release. “The attorneys behind the Texas Hemp Legal Defense Fund fought hard, brought fact-based arguments to the courtroom and proved the undeniable financial harm caused by this cavalier ban.”

Hemp Industry Daily called it a “watershed decision” that unlocks Texas to a hemp market that could potentially generate $400 million in annual sales by 2025.

Several other states are moving in the same direction. A few years ago, a judge in Indiana also ruled that banning smokable hemp was unconstitutional. Earlier this year, a similar bill passed in Louisiana, allowing smokable forms of cannabis.

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