A legislative proposal to crack down on “synthetic” consumable hemp or other THC products advanced Monday over some opponents’ preference for regulations and not a “de facto ban.”
Legislative Bill 316, from state Sen. Kathleen Kauth (R) of the Millard area, would redefine most “hemp” products to mean “marijuana,” putting them legally in line with existing enforcement and penalties. It advances a key priority of Nebraska Attorney General Mike Hilgers (R) to restrict products that exceed 0.3 percent tetrahydrocannabinol (THC) concentrations, the compound most commonly associated with getting a person high.
“These compounds are masquerading as hemp but are in fact dangerous synthetic chemicals that have never been tested for consumption in humans,” Kauth said during debate.
‘We need to do something’
The bill advanced 33-13, though at least two supporters—state Sens. Tom Brandt (R) of Plymouth and Ben Hansen (R) of Blair—said the bill would need to be amended to maintain their support and overcome the 33-vote threshold for a filibuster. Three more centrist Democratic lawmakers declined to take a position on the bill: state Sens. Eliot Bostar of Lincoln, Jason Prokop of Lincoln and Dan Quick of Grand Island.
Multiple opponents said they preferred the regulatory regime proposed in LB 16 by state Sen. John Cavanaugh (D) of Omaha, the lead opponent to Kauth’s bill. Cavanaugh’s bill would need to hitch a ride on a different bill, or “co-opt” LB 316. Cavanaugh filed more than a dozen amendments to LB 316 to try.
“I’m opposed to hijacking other people’s bills, but I put it on here because I think people in this body will agree that we need to do something,” Cavanaugh said.
Cavanaugh described the goal of attacking only “synthetic” products as a “red herring,” “misnomer” and “misdirection” in part because chemical “synthetic marijuana”—K-2 or “spice”—has already been banned for more than a decade. Kauth’s broader bill on hemp-derived products, he said, would cost more than $1.6 million, at least, in state tax revenue, at a time the state faces a major projected budget deficit.
However, he said his bill could generate $7.7 million with an improved regulatory system.