Delta 8 could be banned in Florida under new bill

Florida politicians, faced with the idea that legal recreational marijuana could become a reality if the Florida Supreme Court allows it on the 2024 ballot in November, are now doing everything they can to knee cap hemp-derived products.

One bill that has already landed on Gov. Ron DeSantis's desk would limit the potency of recreational weed and now another bill that would effectively ban hemp-derived products like delta 8 is heading there as well.

While it seems that Florida lawmakers are all but certain the recreational marijuana legalization measure will appear on the ballot, its fate still rests with the Florida Supreme Court, which has until April 1 to make a decision.

Florida Attorney General Ashley Moody challenged the measure last year, calling into question the amendment's language and raising its potential to violate a requirement that ballot initiatives must stick to a single subject.

Here's what to know about the latest bill.

New Florida bill (SB 1698) would effectively ban delta 8

Florida's SB 1698 changes the legal definition of “hemp extract” to exclude synthetic and naturally occurring substances like delta 8 THC, delta 10 THC and more. More importantly, the bill 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.

●

●

What is THC?

Delta 9 tetrahydrocannabinol (THC) is a compound found in marijuana that can be impairing or mind-altering, according to the U.S. Centers for Disease Control and Prevention. It is the main psychoactive ingredient in the cannabis plant that makes users feel "high" when smoked or ingested as an edible.

What is Delta 8?

Delta 8 THC is the psychoactive substance found in the Cannabis sativa plant. Marijuana and hemp are derivatives of the plant, and it's just one of over 100 cannabinoids produced naturally by the cannabis plant, according to the FDA.

Delta 8 isn't found in large quantities in the plant, which is why most concentrated amounts of delta 8 THC are typically manufactured from hemp-derived cannabidiol (CBD).

Manufacturers are packaging and selling delta 8 products in products such as gummies, chocolates, cookies, candies, and these products may be purchased online, as well as at a variety of retailers, including convenience stores and gas stations, according to the FDA.

"It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context," the FDA wrote in May 2022. "They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets."