A conservative’s view of Florida’s recreational marijuana amendment | Column

It is common for conservatives to consider hemp good and marijuana bad. There’s a long and growing list of products that are made from hemp, which conservatives can generally support so long as it doesn’t involve anyone getting high.

It can also be easy for conservatives to follow the advice of former First Lady Nancy Reagan and “just say no” to anything involving marijuana. Hemp good, marijuana bad. The problem with that perspective is that hemp and marijuana are two varieties of the same plant: cannabis. If we were talking about 80 proof vodka, then would it matter whether it was distilled from small or large potatoes? No, it wouldn’t. The resulting product would be the same.

The edible cannabis industry relies on a process of extracting oil from cannabis plants. That process removes water, fat, and fiber resulting in a golden oil that looks very much like corn oil, olive oil or most any other oil derived from plants. If that cannabis oil is heated sufficiently, then any tetrahydrocannabinol (“THC”) cannabinoids in it become psychoactive. Once activated, those specific cannabinoids are what cause people to get high.

Activated cannabis oil can then be blended with other ingredients to make edible candies, cookies, drinks, vape cartridges and other infused products. Regardless of whether the oil was extracted from hemp or marijuana plants, consuming products that contain activated THC cannabinoids can cause a person to get high and, days or weeks later, to test positive for cannabis use.

The 2018 Farm Bill legalized industrial hemp nationally. A big focus at that time was on hemp as a commodity like clothing and rope as well as a non-intoxicating cannabinoid called cannabidiol, better known as CBD. Whether intentional or as an unintended consequence, that federal legislation has led to a thriving intoxicants market across the country based on lesser-known aspects of hemp.

The Agricultural Marketing Act of 1946 defined hemp as a cannabis plant that contains no more than 0.3% delta-9 THC on a dry weight basis. Since then, our federal government has distinguished hemp from marijuana based on the quantity of that one cannabinoid. Delta-9 THC is the commonly understood psychoactive cannabinoid. Today, we know that there are at least three cannabinoids that can cause psychoactive euphoric effects: delta-8 THC, delta-9 THC, and delta-10 THC. Science now allows for those unique cannabinoids to be isolated and collected. It might require more hemp plants than marijuana plants to extract a given quantity of THC, but that amount can be achieved from either type of cannabis plant.

As a result of the 2018 Farm Bill, you or possibly your kids can now go online or visit a local gas station or convenience store to purchase products that contain psychoactive cannabinoids, just so long as those cannabinoids were extracted from hemp plants. Some of those products can get you high, but you might find delta-8, delta 10, or THC-0 printed on the label instead of delta 9-THC.

As a conservative, I prefer less government regulation. However, given the consequences of the 2018 Farm Bill, I want my new home state of Florida to treat all psychoactive cannabinoids the same, regardless from which type of cannabis plant they were extracted. In my opinion, regulation of non-psychoactive cannabinoids such as CBD can be far less stringent, but not products that contain any of the activated THC variations.

That’s one reason why I support Amendment 3 which would legalize recreational marijuana for adults in Florida and why I want the state Legislature to follow up on hemp regulation next session. In my opinion, all psychoactive cannabinoids, whether for medical or recreational purposes, should be sold only in licensed and regulated dispensaries. As with liquor, age verification should be required to purchase such products. Unlike a gas station or convenience store, photo identification and age verification might even be required to enter a licensed dispensary.

Amendment 3 would also provide important public safety protection. It has become increasingly common for illicit cannabis dealers to lace their products with deadly and highly addictive fentanyl, which kills people in our nation every day. While I have no interest in smoking anything or getting high myself, I support giving cannabis consumers the option to purchase fentanyl-free, lab tested, branded and labeled products from licensed, insured, regulated and accountable Florida businesses.

Rather than just say no, I encourage conservatives to better understand cannabis and the challenges of regulating it effectively.

Chris Holbert served as a state representative (2011-2014) and state senator (2015-2022) in Colorado, which began state-licensed retail sales of marijuana in 2014. During his time in the Colorado Senate, he was elected as Senate Majority Leader (2017-2018) and was twice elected unanimously as Senate Minority Leader (2019-2020 & 2021-2022). Subject to term limits, he left the legislature and moved with his wife to Manatee County in 2022.