US State Legislature Reinstates THC Cap on Cannabis Flower After Bipartisan Pushback

The Cannabis Observer ·
US State Legislature Reinstates THC Cap on Cannabis Flower After Bipartisan Pushback

Connecticut's House and Senate voted Tuesday to restore a 35% cap on THC content in cannabis flower, reversing a change made weeks earlier when a bill passed in April had eliminated that limit.

House Majority Leader Jason Rojas said the cap was restored after Senate members raised objections. "I still think it doesn't make a whole lot of sense to have a cap. But if people felt strongly about it, we agreed to it," he said. Rojas added that he didn't expect the reinstatement to hurt the industry, since natural THC ceilings in flower are close to the statutory 35% limit.

Rep. Roland Lemar, D-New Haven, had supported removing the cap, arguing that cannabis plants impose their own concentration limits and that diluting the product with unregulated substances could pose greater health risks. He acknowledged the legislature was broadly willing to ease cannabis regulations to help business owners but said the flower cap proved a sticking point. "I think it puts [businesses] at a competitive disadvantage vis-à-vis some other states. But at the end of the day, the regulators and the legislators who were tasked with making the responsible choice didn't feel comfortable in that space moving to an uncapped system," he said.

Rep. David Rutigliano, R-Trumbull, had argued that higher THC concentrations raise addiction risk and cited public health testimony at committee hearings. Sen. James Maroney, D-West Haven, confirmed similar concerns in the Senate; the April bill removing the cap cleared that chamber only 18-17, with a commitment that a corrective bill would follow.

During the Senate debate, members from both parties warned of health consequences, particularly for children. Sen. Jason Perillo, R-Shelton, said: "This is not fun and games. This is life and death. This is life changing, family changing, family destroying when we eliminate these caps." Sen. Christine Cohen, D-Guilford, cited "strong reservations" about potency levels and mental health effects.

Other provisions from the April legislation remain in effect: THC caps on concentrates were removed; the THC limit in infused drinks rose from 3 mg to 5 mg, with dispensary and retail products allowed up to 10 mg; the market was expanded to include topicals, tablets, and capsules; and out-of-state patients may now purchase medical cannabis in Connecticut. Sen. Paul Cicarella, R-North Haven, said he hopes the legislature will take up THC limits for edibles and tinctures in the next session.