Most observers believe federal cannabis legalization is inevitable, but legalization opponents might have better luck in the brewing fights over potency caps and taxes.
The AP reports: “Virginia’s new legalization law gives its future Cannabis Control Authority the power to set THC limits, and a proposal to cap THC in medical marijuana has gotten some attention in Florida’s Legislature. Nationally, the U.S. Senate’s bipartisan Caucus on International Narcotics Control suggested last month that federal health agencies study whether pot potency should be limited.”
Most advocates for potency caps say they don’t support a return to prohibition but want to protect consumers, while many businesses consider it an attack on the industry. Amber Littlejohn, executive director of the Minority Cannabis Business Association, told the AP she worries small businesses will “lose out if THC taxes drive customers to underground dealers or to big, multistate firms that may be able to trim prices.”
For neo-prohibitionists who’ve struggled to gain traction in recent years, calls for potency caps might attract more supporters.
- New York’s new REC law taxes products based on THC content.
- For states, potency taxes may be a more reliable revenue sources than sales taxes.
- The only state potency limit I’m aware of is in Vermont which imposes a not so stringent 30% THC for flower and 60% for concentrates.