DeSantis veto may mean help for hemp. Here’s why that could hurt marijuana legalization efforts in Florida
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Hemp growers and sellers across Florida are letting out a small collective sigh of relief. For now.
Gov. Ron DeSantis is reportedly expected to veto a bill that would ban hemp-derived products and "decimate the hemp industry" if it passed, according to CBS News.
A move that confuses many as DeSantis has not been shy about his disapproval for a constitutional amendment to legalize marijuana in the state. Yet, some theorize that this unexpected move from the governor might have ulterior motives.
What is hemp?
According to Florida Statutes, it defines as “Hemp” as coming from the plant, Cannabis sativa L., and any part of that plant, including:
Seeds;
Derivatives;
Extracts;
Cannabinoids;
Isomers;
Acids;
Salts;
and salts of isomers.
They also highlight, whether growing or not, that the total delta-9-tetrahydrocannabinol (THC) concentration can not exceed 0.3% on a dry-weight basis, with the exception of hemp extract, which may not exceed 0.3% total delta-9-tetrahydrocannabinol on a wet-weight basis.
Wondering what THC is? It's the major psychoactive component in cannabis. It works with receptors in the body to release neurotransmitters in your brain and provide a euphoric feeling, called a "high."
Due its low concentration of THC, hemp does not produce the typical "high" associated with marijuana.
What is CBD? What does CBD stand for?
CBD (cannabidiol) has the same chemical formula as THC, according to WebMD, but has different effects on the body and does not provide the euphoric feeling associated with marijuana. CBD supporters say it helps with anxiety, insomnia, chronic pain, arthritis, Crohn's disease and even more serious conditions.
More on CBD, THC: Recreational marijuana could be on Florida ballots in 2024. But you can already use CBD
It is produced from the cannabis plant but can come from either hemp or marijuana.
How does hemp compare to marijuana?
Despite the different names, hemp and marijuana are both varieties of the same species — Cannabis sativa. They just have different concentrations of THC, with marijuana legally referring to cannabis that has more than 0.3% THC by dry weight.
Healthline notes that the law does differentiate between the two. The 2018 Farm Bill made it legal to grow hemp, or cannabis containing less than 0.3 percent THC, throughout the country. They write it also made hemp-derived CBD products federally legal.
However, marijuana is not federally legal and state laws differ on its usage.
Why are Florida lawmakers attempting to restrict hemp products? What is Senate Bill 1698?
Earlier this year, Florida lawmakers sought to ban Delta 8 THC and regulate CBD. According to SB 1698's bill analysis, it seeks to change the legal definition of “hemp extract” to exclude synthetic and naturally occurring substances like delta 8 THC, delta 10 THC and more.
It also adds to the requirements regarding the regulation of the distribution and sale of hemp extract.
Under the bill, hemp extract would only be distributed and sold in Florida if the product has a certificate analysis prepared by an independent testing laboratory that states:
The hemp extract is the product of a batch tested by the independent testing laboratory.
The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent pursuant to the testing of a random sample of the batch.
The batch does not contain contaminants unsafe for human consumption.
The batch was processed in a facility that meets certain human health or food safety requirements.
Has DeSantis vetoed the bill?
As of June 5, DeSantis has not officially vetoed SB 1698.
CBS Miami reported that they learned DeSantis's chief of staff, James Uthmeier, called the sponsor of the hemp bill, Senator Colleen Burton, to inform her the Governor was going to veto the bill.
However, there have not been any reports on when he will officially veto it. Before the Governor can either sign or veto a Senate bill, the legislature states it must be formally "transmitted" to him by Senate President Kathleen Passidomo.
How will this possibly affect recreational marijuana amendment?
While it's not totally clear what impact this could have on Amendment 3 overall, some news outlets have reported a veto on SB 1698 could possibly "keep the people using Delta 9 and Delta 8 happy," which could possibly make them less motivated to vote for the marijuana amendment.
A recent USA Today/Ipsos poll shows that 56% of registered voters in Florida say they would vote in favor of legalizing recreational cannabis on the 2024 ballot measure. Two in five say they would vote against it, and just 4% say they are unsure.
However, the amendment still needs a supermajority or 60% of the vote to pass come November. Sources within the political sphere told CBS that the governor is trying to do the calculation that would "help him kill the amendment."
When will recreational marijuana possibly be legalized?
Florida voters will see recreational marijuana on the ballot in Florida as an initiated constitutional amendment, known as Amendment 3, on Tuesday, Nov. 5, the same day as the presidential election.
Amendment 3 seeks to legalize recreational marijuana, allowing those 21 and older to have up to 3 ounces and up to 5 grams of cannabis concentrate. Even if Amendment 3 passes, marijuana won't instantly become legal in Florida.
The process of enacting a successful referendum into law can take several months. The Florida legislature has to decide on how to implement the law, including specific regulations around how much marijuana could be purchased at one time, potency limits, rules around marketing, and any other concerns that arise during the process.
Potential legal challenges could also interrupt its codification and tie up implementation in the courts.
Amendments need to receive a supermajority or 60% of the vote. Early voting for the 2024 general election begins Monday, Oct. 21.
This article originally appeared on Fort Myers News-Press: DeSantis reportedly planning to veto bill that restricts hemp products
