The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Health Policy
BILL: SPB 7050
INTRODUCER: For consideration by the Health Policy Committee
SUBJECT: Adult Personal Use of Marijuana
DATE: February 5, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Looke Brown Pre-meeting
I. Summary:
SPB 7050 creates s. 381.9861, F.S., to limit the potency of personal use marijuana to 30 percent
tetrahydrocannabinol (THC) for marijuana in a form for smoking, 60 percent THC in all other
forms except for edibles, and 200 milligrams of THC for whole edibles and 10 milligrams of
THC per serving of an edible.
The bill also repeals a provision of ch. 2017-232, L.O.F.,
1
which would automatically cause that
chapter of Florida law to expire six months after the effective date of a constitutional amendment
that alters the current constitutional authority for medical marijuana or is related to marijuana or
cannabis.
The bill provides an effective date 30 days after the passage of a state constitutional amendment
allowing the adult personal use of marijuana.
II. Present Situation:
Research on the Health Effects of THC
Although there are more than 100 cannabinoids in a marijuana plant, the two main cannabinoids
are Delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD).
2
THC is a mind-altering
chemical that increases appetite and reduces nausea and may also decrease pain, anxiety, and
muscle control problems.
3
Though CBD may also have an effect on the mind, it does not produce
the “high” or sense of euphoria associated with THC. CBD has been shown to help with anxiety,
1
Chapter 2017-232, L.O.F., is the act creating the majority of the statutory authority for Florida’s medical marijuana
program.
2
U.S. Department of Health & Human Services, National Center for Complementary and Integrative Health, Cannabis
(Marijuana) and Cannabinoids: What You Need To Know, available at https://www.nccih.nih.gov/health/cannabis-marijuana-
and-cannabinoids-what-you-need-to-know (last visited Feb. 4, 2024).
3
Healthline, CBD vs. THC: What’s the Difference?, https://www.healthline.com/health/cbd-vs-thc (last visited Feb. 4, 2024).
REVISED: BILL: SPB 7050 Page 2
depression, reducing pain and inflammation, controlling epileptic seizures, and possibly treating
psychosis or mental disorders.
4
Marijuana has changed over time. The THC concentration in commonly cultivated marijuana
plants increased three-fold between 1995 and 2014 (4 percent and 12 percent respectively).
5
Conversely, the CBD content decreased from 0.28 percent in 2001 to 0.15 percent in 2014. In
1995, the level of THC was 14 times higher than its CBD level. In 2014, the THC level was 80
times the CBD level.
6
The marijuana available today is much stronger than previous versions.
A 2014 New England Journal of Medicine study warned that long-term marijuana use can lead to
addiction and that adolescents are more vulnerable to adverse long-term outcomes from
marijuana use.
7
Specifically, the study found that, as compared to persons who begin to use
marijuana in adulthood, those who begin in adolescence are approximately two to four times as
likely to have symptoms of marijuana dependence within two years after first use.
8
The study
also found that marijuana-based treatments with THC may have irreversible effects on brain
development in adolescents as the brain’s endocannabinoid system undergoes development in
childhood and adolescence.
9
Heavy use of marijuana by adolescents is associated with impairments in attention, learning,
memory, poor grades, high drop-out rates, and I.Q. reduction.
10
Though the full extent of the
health impact of consuming products with high concentration of THC is unknown, research
indicates that use of such products significantly increases the risk of marijuana-associated
psychosis,
11
regardless of age at first use or the type of marijuana used.
12
A 2019 European study
showed that the use of high-potency marijuana (greater than 10 percent THC) only modestly
increased the odds of a psychotic disorder compared to never using it; however, individuals who
4
Id.
5
U.S. Surgeon General’s Advisory: Marijuana Use and the Developing Brain, https://www.hhs.gov/surgeongeneral/reports-
and-publications/addiction-and-substance-misuse/advisory-on-marijuana-use-and-developing-brain/index.html (last visited
Feb. 4, 2024).
6
ElSohly, M.A., Mehmedic, Z., Foster, S., Gon, C., Chandra, S. and Church, J.C. Changes in Cannabis Potency Over the
Last 2 Decades (1995-2014): Analysis of Current Data in the United States, Biological Psychiatry. April 1, 2016; 79(7):613-
619.
7
Volkow, N.D., Baler, R.D., Compton, W.M. and Weiss, S.R., Adverse Health Effects of Marijuana Use, NEW ENG. J.
MED., June 5, 2014, available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4827335/ (last viewed on Feb. 4, 2024).
8
Id.
9
Id.
10
Supra note 7. See also The Influence of Marijuana Use on Neurocognitive Functioning in Adolescents, Schweinsburg AD,
Brown SA, Tapert SF, Curr Drug Abuse Rev. 2008;1(1):99-111, available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2825218/ (last viewed on Feb. 4, 2024).
11
Robin Murray, Harriet Quigley, Diego Quattrone, Amir Englund and Marta Di Forti, Traditional Marijuana, High-Potency
Cannabis and Cannabinoids: Increasing Risk for Psychosis, World Psychiatry, 2016 Oct; 15(3): 195–204, available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5032490/ (last viewed Feb. 4, 2024).
12
Di Forti et al. The Contribution of Cannabis Use to Variation in the Incidence of Psychotic Disorder Across Europe (EU-
GEI): A Multicenter Case-control Study. Lancet Psychiatry. 2019; 6:427-36, available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7646282/ (last viewed on Feb. 4, 2024); High-Potency Cannabis and
Incident Psychosis: Correcting the Causal Assumption, The Lancet, Volume 6, Issue 6, June 2019, available at
https://doi.org/10.1016/S2215-0366(19)30174-9 (last viewed Feb. 4, 2024); High-Potency Cannabis and Incident Psychosis:
Correcting the Causal Assumption – Author’s Reply, The Lancet, Volume 6, Issue 6, June 2019, available at
https://doi.org/10.1016/S2215-0366(19)30176-2 (last viewed Feb. 4, 2024). BILL: SPB 7050 Page 3
started using high-potency marijuana by age 15 showed a doubling of risk.
13
The European study
also found that daily use of high-potency cannabis increased the risk of psychotic disorder nearly
five times compared with never having used marijuana.
14
Another study found that frequent use of marijuana or use of marijuana with high THC potency
increased the risk of schizophrenia six-fold.
15
According to a literature review of studies on the
impact of marijuana use on mental health published in the Journal of the American Medical
Association Psychiatry, there is strong physiological and epidemiological evidence supporting a
link between marijuana use and schizophrenia.
16
High doses of THC can cause acute, transient,
dose-dependent psychosis, which are schizophrenia-like symptoms.
17
Additionally, prospective,
longitudinal, and epidemiological studies have consistently found an association between
marijuana use and schizophrenia in which marijuana use precedes psychosis, independent of
alcohol consumption, and even after removing or controlling for those individuals who had used
other drugs.
18
Even though marijuana use may have been discontinued long before the onset of psychosis,
studies have found that the age at which marijuana use begins appears to correlate with the age
of onset of psychosis, which suggests that early marijuana use plays a role in initiating psychosis
that is independent of actual use.
19
Overall, studies have found that the association between
marijuana use and chronic psychosis (including a schizophrenia diagnosis) is stronger in those
individuals who have had heavy or frequent marijuana use, use marijuana during adolescence, or
use marijuana with high THC potency.
20
While studies have not shown that marijuana use alone is either necessary or sufficient for the
development of schizophrenia, studies suggests that marijuana use may initiate the emergence of
a lasting psychotic illness in some individuals, especially those with a genetic vulnerability to
develop a psychotic illness.
21
13
Id. at 430.
14
Id. at 431. The odds were lower for those who use low-potency marijuana daily.
15
Nora D. Volkow, MD; James M. Swanson, PhD; A. Eden Evins, MD; Lynn E. DeLisi, MD; Madeline H. Meier, PhD;
Raul Gonzalez, PhD; Michael A. P. Bloomfield, MRCPsych; H. Valerie Curran, PhD; Ruben Baler, PhD., Effects of
Cannabis Use on Human Behavior, Including Cognition, Motivation, and Psychosis: A Review. JAMA Psychiatry. 2016;
73(3):292-297, available at https://core.ac.uk/reader/79505094?utm_source=linkout (last viewed Feb. 4, 2024).
16
Id.
17
Id.
18
Id.
19
Id.
20
Id.
21
Id. BILL: SPB 7050 Page 4
State Legalization of Adult Use of Marijuana
Currently, 24 states and the District of Columbia (depicted as green in the illustration below)
have legalized the adult use of marijuana:
22, 23
State Potency Limits for Adult Use Marijuana
Two states, Connecticut and Vermont, currently have potency limits for adult use marijuana
products. Both states prohibit cannabis flower with a total THC concentration greater than 30
percent and solid or liquid concentrate cannabis products with a total THC concentration of
greater than 60 percent from being cultivated, produced or sold in the adult use market.
24
Both
states provided an exception to these potency limits for pre-filled cartridges for vape pens.
25
Florida: Adult Personal Use of Marijuana
Adult personal use of marijuana is not legal in Florida. However, there is a pending ballot
initiative to authorize adult personal use. The proponents of the initiative were required to obtain
891,523 valid signatures to qualify the initiative for the ballot. The proponents have met this
22
California, Alaska, Nevada, Oregon, Washington, Maine, Colorado, Montana, Vermont, Rhode Island, New Mexico,
Michigan, Arizona, New Jersey, Delaware, Connecticut, Massachusetts, Illinois, Maryland, Minnesota, New York, Ohio,
Missouri, Virginia.
23
More Than Half of Americans Live in Places Where Recreational Marijuana is Legal, Tim Meko and Adrian Blanco, The
Washington Post, Nov. 8, 2023, available at https://www.washingtonpost.com/politics/2023/legal-weed-states-map/ (last
viewed Feb. 4, 2024).
24
See CT ST s. 21a-421j and VT ST T.7 s. 868.
25
Id. BILL: SPB 7050 Page 5
requirement as there are currently 1,033,770 valid signatures for the initiative, according to the
Florida Secretary of State’s Division of Elections.
26
The ballot summary of the initiative states:
27
Allows adults 21 years or older to possess, purchase, or use marijuana products
and marijuana accessories for non-medical personal consumption by smoking,
ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other
state licensed entities, to acquire, cultivate, process, manufacture, sell, and
distribute such products and accessories. Applies to Florida law; does not
change, or immunize violations of, federal law. Establishes possession limits for
personal use. Allows consistent legislation. Defines terms. Provides effective
date.
The Florida Attorney General requested an advisory opinion from the Florida Supreme Court as
to the validity of the initiative, specifically seeking guidance on whether the initiative and the
ballot title and summary comply with applicable Florida law.
28
Oral arguments occurred in
November 2023, and the issue remains pending before the court.
29
Florida Potency of Medical Marijuana Products
Although Florida does not have an adult personal use program, it does have a well-established
medical marijuana program. Section 381.986, F.S., authorizes patients with any of the following
debilitating medical conditions to legally obtain medical marijuana from licensed medical
marijuana treatment centers (MMTC):
Cancer
Epilepsy
Glaucoma
Positive status for human immunodeficiency virus
Acquired immune deficiency syndrome
Post-traumatic stress disorder
Amyotrophic lateral sclerosis
Crohn’s disease
Parkinson’s disease
Multiple sclerosis
Medical conditions of the same kind or class as or comparable to those enumerated above
26
Adult Personal Use of Marijuana 22-05, Florida Division of Elections, available at
https://dos.elections.myflorida.com/initiatives/initdetail.asp?account=83475&seqnum=2 (last viewed Feb. 5, 2024).
27
Constitutional Amendment Full Text, available at
https://initiativepetitions.elections.myflorida.com/InitiativeForms/Fulltext/Fulltext_2205_EN.pdf (last viewed January 31,
2024).
28
Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana, SC2023-0682, 2023, available at
https://acis.flcourts.gov/portal/court/68f021c4-6a44-4735-9a76-5360b2e8af13/case/85dca015-d108-4595-8cdb-
d4488890aa88 (last viewed Feb. 4, 2024).
29
Id. BILL: SPB 7050 Page 6
To obtain marijuana for medical use from an MMTC, and maintain the immunity from criminal
prosecution, the patient must obtain a physician certification from a qualified physician
30
and an
identification card from the Department of Health.
As of February 2, 2024, there are 872,376 qualified patients, 2,781 qualified physicians, and 25
MMTCs with 618 dispensing locations.
31
Currently-licensed MMTCs would be eligible to acquire, cultivate, process, manufacture, sell,
and distribute adult personal use marijuana products if the ballot initiative were to pass. The
THC concentration of the products offered by MMTCs varies based on the route of
administration as evidenced by the table below.
32
Edibles are the only medical marijuana products currently subject to THC potency limits under
Florida law.
III. Effect of Proposed Changes:
SPB 7050 creates s. 381.9861, F.S., to provide limitations on the potency of marijuana for
personal use. The bill defines the terms:
"Edibles" to mean commercially produced food items made with marijuana oil, but no other
form of marijuana
“Marijuana” to mean all parts of any plant of the genus Cannabis, whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin,
including low-THC cannabis.
30
To certify patients for medical use of marijuana, a physician must hold an active, unrestricted license as an allopathic
physician under chapter 458 or as an osteopathic physician under chapter 459 and comply with certain physician education
requirements. See ss. 381.986(1)(m), F.S. and 381.986(3)(a), F.S.
31
Office of Medical Marijuana Use Weekly Updates, Feb. 2, 2024, DOH, Office of Medical Marijuana Use, available at
https://knowthefactsmmj.com/wp-content/uploads/ommu_updates/2024/020224-OMMU-Update.pdf (last visited on Feb. 4,
2024).
32
Florida’s Medical Marijuana Program Update, Office of Medical Marijuana Use, presented to the Florida House Health
Care Regulation Subcommittee on December 13, 2023. BILL: SPB 7050 Page 7
“Marijuana delivery device” to mean an object used, intended for use, or designed for use in
preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human
body.
“Personal use” to mean possession, purchase, or use of marijuana or a marijuana delivery
device by an adult 21 years of age or older for nonmedical consumption.
"Potency" to mean 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.
The bill provides that an MMTC may not sell, deliver, or distribute marijuana for personal use
that has a potency, by weight or volume, of greater than 30 percent THC for marijuana in a form
for smoking or greater than 60 percent THC in the final product for all other forms of marijuana,
other than edibles. For edibles, a total edible may not contain more than 200 milligrams of THC
and a single serving may not exceed 10 milligrams of THC.
The bill also amends s. 1 of ch. 2017-232, L.O.F., to repeal a provision that would cause that
chapter of Florida law (which contains significant portions of the statutory authority for Florida’s
medical marijuana program) to expire six months after the effective date of any constitutional
amendment which amends s. 29, Art. X, of the State Constitution or is related to cannabis or
marijuana.
The bill provides that its provisions will take effect 30 days after passage of an amendment to the
State Constitution authorizing adult personal use of marijuana.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: SPB 7050 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends chapter 2017-232 of the Laws of Florida.
This bill creates section 381.9861 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.