What the Florida Delta 8 Ban Means for Your Smoke Shop

Let’s start off with a bit of a rhetorical question, what’s more dangerous, the eponymous Florida Man or the relief of delta 8 products? Well before you can say police chase ends with a gator bite, the Florida Government has already answered; it’s delta 8. Yes, the stellar collection of geniuses that make up Florida’s two legislative bodies recently decided to plug their ears, start screaming “lalalala”, and moved forward to ban delta 8 and hemp derived products that exceed a ludicrously low threshold of any trace amounts of THC. Let your friends over at Got Vape Wholesale clue you in on the down low about what this legal battle means for the future of your Smoke Shops and the sale of hemp derived delta 8.

Table of Contents

What Does this Mean for Your Smoke Shop?
Why is the Argument for Banning Delta 8 Wrong?
Hope Arrives by Way of an Arkansas Legal Ruling
Recreational Marijuana Legalization on the Florida Ballot in November 2024
Keep Fighting, No Matter What

What Does this Mean for Your Smoke Shop?

Despite the protest of actual hemp farmers, Florida is going ahead with their complete ban of all delta-8 products from retail stores and the limiting of THC in any hemp product to 5 milligrams per serving and 50 milligrams per container on a wet-weight basis. While the measurements of potency per pound may seem a bit opaque to consumers, the long and short of it is that the limit for thc from hemp products is going to be drastically reduced from current levels. The reality of this is that in the immediate term products will be dropping like flies, but just as with the previous regulations on packaging to reduce minor usage, manufacturers will take into account the current rules and adapt their products to fit the new legal criteria. So make sure to keep a keen eye out to see when new legally compliant products are rolled out to the Florida market and be ready to adjust your inventory accordingly.

Why is the Argument for Banning Delta 8 Wrong?

Despite public perception our laws are actually not made by a collection of ghouls scrawling down delusional prophecies while hanging out in the crypt. No, instead they are drafted by human beings just like you and me that eat, breath, and have their own bad ideas. It would be one thing if this ban was to appease an Alien nation lightyears away but in reality it is the result of fear mongering and callousness of the heart. During a recent house floor meeting the Florida Phoenix quotes bill sponsor Tommy Gregory as saying “And yes, if we say if you can’t buy them, and you’re a drug user, then sure, maybe you’ll go to a drug dealer. Maybe you’ll do the right thing and stop using drugs.” You see in the eyes of Florida lawmakers citizens looking to ease their seizure symptoms are not doing the right thing by consuming delta-8, despite the life changing benefits. When moral platitudes of “right and wrong” are spoken you can almost assuredly discount the rest of the opinion, there is no “correct” way to treat your medical ailments and the Government has no mandate to infringe on your right to a safer life. Instead of embracing the benefits of delta-8 they wish to steer people towards risky prescription pills and expensive medical marijuana programs, in order to siphon more money from the average citizen into the hands of big business. Simply put the argument for banning delta-8 is flimsy, flawed, and ultimately a misguided push in the opposite direction of progress.

Hope Arrives by Way of an Arkansas Legal Ruling

No, that's not a Florida Man flying through the air strapped to a rocket, it’s actually the state of Arkansas coming to the rescue by standing up to corrupt State overregulation of hemp courtesy of the 2018 federal Farm Bill. While courts are still debating the implications of this law and the ruling currently only applies to the state of Arkansas, the precedent has been established that state laws restricting the sale and use of hemp derivatives is unconstitutional. This is a massive win for delta 8 enjoyers because while the mechanisms of the legal system operate painfully slowly, it means that Judges see the conflict between these laws and are clearly siding with the federal ruling. For once, federal laws actually help the hemp industry stand up to states, so don’t give up hope just yet because there is a chance this case is used as a jumping off point for legal challenges around the country.

Recreational Marijuana Legalization on the Florida Ballot in November 2024

Now let's take a brief second to look on the bright side of life and realize that it is always darkest before the dawn. Despite the approach of this law, Florida has a get out of jail card so to speak with the upcoming November ballot initiative to legalize recreational marijuana state wide. This would obviously open the flood gates to a whole new ecosystem of products but more importantly it would allow for Delta 8 to return to the market as THC caps would have to be eliminated or raised. If you're feeling particularly motivated, why not throw up some signs in your shop about the ballot vote or even reach out to other local smoke shops to band together and raise awareness of the issue.

Keep Fighting, No Matter What

If there's one thing we can all admire about the ludicrous headlines featured from Florida is that these guys commit. So if there's one take away from all of this is to take a page from the Florida Man book and never give up even if the odds are increasingly stacked against you. The Delta 8 will probably end up going into effect but with the right attitude the setbacks will be just a temporary annoyance and not a show stopper. Stay tuned to this spot for more thoughts and tips from the Got Vape Crew by making sure to check out our weekly blog postings here!