TALLAHASSEE, Fla. — Florida Republicans began a push Tuesday to cap the strength of recreational marijuana, a consequential move that is drawing mixed reactions in the Florida Capitol. 

What You Need To Know

  •  The proposal would cap TCH levels in recreational marijuana

  •  Supporters say high potency marijuana is harmful

  •  Critics say caps may push consumers into black markets

  • Voters will decide whether to legalize recreational marijuana in November

The GOP effort to limit THC potency comes at a notable time. Voters will decide whether to legalize recreational marijuana in November.

Proponents of the cap say they’re concerned about marijuana’s strength and impact. Further, they say, lawmakers must establish early guardrails, that way voters can make a more informed choice at the ballot box.

“There is no doubt that this high potency cannabis has a real risk of psychosis for many, many people, especially young people,” Republican State Sen. Gayle Harrell said.

Under the measure, smoke able weed is maxed at 30% THC while edibles must remain under 200 THC milligrams per 10 milligram serving. All other recreational products, meanwhile, are capped at no higher than 60% THC.

“When you look at other drugs out on the market today, we clearly have over-the-counter drugs that are also sold in prescription strength,” said Lakeland Republican Sen. Colleen Burton, the bill sponsor. “We will have medical strength as well as personal use strength.”

Critics, however, contend the legislation is premature. They say legislative action should wait until after a vote on the ballot initiative. 

“It feels like a preemptive strike to regulate a future ballot initiative,” said Will Clark, representing the Libertarian Party of Florida.“Is that really what we want to do? Gov. DeSantis says this is the Free State of Florida.”

Further, critics worry that setting caps may do more harm than good, such as steering some residents toward an illegal market.

“With a cap, now maybe we push a consumer to go in a different direction to find something higher on a market that is not safe or legal,” Jacksonville Democratic Sen. Tracie Davis said.

The Senate Health Policy proposed and advanced the legislation Tuesday with a party-line vote. A Senate spokesperson said that Senate President Kathleen Passidomo will decide now whether to slate the proposal for more committee or send it out for a final senate vote.

Meanwhile, the fate of the constitutional amendment is in the hands of the Florida Supreme Court. Attorney General Ashley Moody is petitioning the High Court to strike down the amendment, saying it is unclear and confusing to voters.

“Floridians are entitled to know clearly and concisely what they are voting for or against,” Moody wrote in a 2023 op-ed. 

However, Safe Smart Florida, the group spearheading the initiative, is fighting Moody’s complaint.

“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,” the group wrote in a statement.

According to the National Conference of State Legislatures, 24 other states allow recreational marijuana use.