Governor Ron DeSantis is set to veto legislation banning Delta-8 THC, according to multiple sources within the governor’s office.
If enacted, Senate Bill 1698 would limit the sale of hemp products containing Delta-9 THC while placing a complete ban on the production and sale of products containing Delta-8 and Delta-10 THC. Those in the hemp industry argue that if the bill passes, it would devastate the industry and lead to thousands of job losses.
Florida’s Senate gave final approval to Senate Bill 1698 in a unanimous 39 to 0 vote, meaning they have well more than the two-thirds required to override a governor’s veto. However, the measure’s passage was much closer in the House of Representatives, with the final vote being 64 to 48.
Delta-8 THC is derived from hemp, which was legalized nationwide in 2018. The compound interacts with the body in a way similar to marijuana-derived Delta-9 THC, despite the latter being illegal for recreational use in Florida. This has led some lawmakers to consider it a loophole, allowing consumers to legally get a marijuana-like high.
The bill modifies the definition of “attractive to children” to include containers displaying toys, novel shapes, animations, promotional characters, licensed characters, or other features that specifically target children. It would also prohibit other cannabinoids such as THCV and THCP from being infused into hemp extracts, and it would place a cap on delta-9 THC products to 5 milligrams per serving or 50 milligrams per package.
If enacted into law, Florida would become the 18th state to ban Delta-8 THC.