Tag: hemp

Kansas Attorney General And Law Enforcement Sued Over Raids On Hemp Businesses

A McPherson County lawsuit filed by a Kansas business owner challenges “unconstitutionally vague” enforcement operations leading to seizure of cash and hemp-derived products at direction of the state’s attorney general and director of the Kansas Bureau of Investigation.

KBI director Tony Mattivi and Attorney General Kris Kobach said in October law enforcement officers raided CBD and vape shops to serve more than a dozen search warrants on businesses suspected of not complying with state drug law.

In a statement, Mattivi said targeted stores were “nothing but weed dealers” and the state must “enforce our controlled-substance laws when we have these substances causing bad effects on Kansas kids.”

Barry Grissom and Jake Miller, of a law firm based in Kansas City, Missouri, responded Monday by seeking on behalf of Mike Ballinger, owner of the McPherson CBD store Hanging Leaf, a court injunction to stop comparable raids and to compel return of seized property.

“The pleadings speak for themselves,” said Grissom, a former U.S. attorney for the District of Kansas and advocate for legalizing marijuana sales and consumption in Kansas.

Both Mattivi and Kobach, in their official capacity, were named in the filing requesting injunctive relief from “recent enforcement actions involving hemp products legally permitted under Kansas law.”

On October 1, Mattivi and Kobach disclosed their statewide “marijuana enforcement operation” focused on vape shops and CBD dispensaries. This law enforcement effort resulted in execution of at least 15 search warrants across Kansas.

The lawsuit said authorities seized $7,000 in inventory as well as cash from Hanging Leaf. A portion of cash taken into custody at Hanging Leaf was property of an unrelated business operated by the plaintiff, the suit said.

Attorneys for the plaintiff said Kansas law permitted hemp products with no more than 0.3 percent Delta-9 THC or tetrahydrocannabinol. The plaintiff alleged KBI testing with gas chromatography was capable of detecting “only the presence of THC and cannot determine the origin” of the substance. The suit says the KBI testing regimen improperly resulted in seizure of compliant goods.

In addition, the plaintiff asserted unconstitutional vagueness of Kansas law fostered “arbitrary enforcement that chills protected business activities.” The filing requested raids to be forbidden until the state adopted legal protection for products under 0.3 percent hemp derived from Delta-9 THC.

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Alabama Regulators Approve Hemp Product Rule Despite Opposition From Key Lawmaker

The Alabama Alcohol Beverage Control (ABC) Board Thursday approved an emergency, temporary rule regulating the sale of consumable hemp products, over the opposition of a state representative who sponsored the law leading to the regulation.

The rule creates the Responsible Consumable Hemp Product Program and establishes warnings and fees for violations of the rule.

David Peacock, chief general counsel for the ABC Board, told board members that on first violation of the rule, retailers would receive a warning, and distributors would be fined $1,000 on first offense for selling a product that is not approved by the board.

“If the distributor were to purchase a product from a supplier that was violative a second time, they would no longer be able to use that supplier unless they provide to us a corrective action plan that we approve,” Peacock said.

Peacock did not say what products would be prohibited or allowed, but that there would be a list of products published on the ABC Board’s website.

Peacock said the rule is needed in accordance with HB 445, sponsored by Rep. Andy Whitt, R-Harvest, which passed the Legislature this spring. The law, which goes into effect on January 1, requires testing and labeling for all consumable hemp products and caps THC at 10 milligrams per individually wrapped product and 40 milligrams per package.

It also requires the ABC Board to license retailers of these products; restrict retail establishments selling hemp products and impose an excise tax on consumable hemp products. In October, the ABC Board passed a rule to implement the law.

The emergency rule passed 2-1 with board member John Knight, a former state representative, voting against it.

“I’m opposed to it only because I have a problem with the way it was done,” Knight said.

Whitt, who did not attend Thursday’s meeting, sent the board a letter Wednesday expressing his opposition to the emergency rule.

“In addition to my concerns about the non-compliance with statutory guidelines about emergency rules, there are other areas of the proposal that bother me,” the letter said. “Nowhere in the authorizing legislation does it provide for a Responsible Consumable Hemp Product Program, such as that legislatively authorized by Alabama Code Section 28-10-4 in connection with alcoholic beverages. Therefore, it seems that this proposed regulation goes beyond statutory authority.”

Whitt said in an interview Thursday afternoon that he had a great relationship with the board but reiterated his opposition to the rule.

“I think when it comes down to the emergency rulings, it serves a different purpose than maybe what’s transparent to begin with, maybe a self-serving group,” he said. “I want to make sure that it doesn’t and that the legislative process works.”

Curtis Stewart, the board’s administrator, explained that the rule’s intention is to protect retailers.

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Ohio Governor Signs Bill To Recriminalize Some Marijuana Activity, Vetoing Provision To Allow THC Drinks For A Year

Ohio Gov. Mike DeWine (R) signed a bill into law Friday that bans intoxicating hemp products and makes various changes to the state’s voter-passed marijuana law, including adding crimes such as making it illegal to bring legally purchased marijuana from another state back to Ohio.

DeWine signed Ohio Senate Bill 56, which will take effect in 90 days. He has been urging Ohio lawmakers to do something about intoxicating hemp products for the past nearly two years.

Ohio’s bill complies with recent federal changes by banning intoxicating hemp products from being sold outside of a licensed marijuana dispensary.

In November, Congress voted to ban products that contain 0.4 milligrams of total THC per container earlier this month when they voted to reopen the government.

Those who work in the intoxicating hemp industry are worried this will put thousands of people out of business.

DeWine line-item-vetoed the THC-infused beverage provision in the bill that would have allowed five milligram THC beverages to be manufactured, distributed, and sold in Ohio until December 31, 2026.

“My veto means that they cannot be sold,” DeWine said during a Friday press conference. “The simplest thing, frankly, to do is to stop it right now instead of going until the date in November set by federal law.”

DeWine said he does not think THC beverages are a good idea.

“I think they create extra problems,” DeWine said.

Ohio S.B. 56 had a provision that said if the federal government legalizes THC beverages, Ohio will consider “a more robust regulatory framework of these products,” according to the bill’s language.

“We got to this point because of poorly drafted federal legislation and people taking advantage of it,” Ohio House Speaker Matt Huffman, R-Lima, said.

“So speculating about what the federal government may do in the future and what we may do as a result, I think, adds to the same problem that has already been created.”

On the marijuana side, the bill would reduce the THC levels in adult-use marijuana extracts from a maximum of 90 percent down to a maximum of 70 percent, cap THC levels in adult-use flower to 35 percent, and prohibit smoking in most public places.

Part of the probable cause portions were removed from the bill, but some of it still remains.

The bill prohibits possessing marijuana in anything outside of its original packaging and criminalizes bringing legal marijuana from another state back to Ohio. It also requires drivers to store marijuana in the trunk of their car while driving.

Ohio S.B. 56 would give 36 percent of adult-use marijuana sale revenue to municipalities and townships that have recreational marijuana dispensaries.

The bill also maintains the 10 percent tax rate on recreational marijuana and keeps home grow the same at six plants per adult and 12 per residence. It also places a cap on 400 marijuana dispensaries in the state.

Ohioans passed a citizen-initiated law to legalize recreational marijuana in 2023 with 57 percent of the vote. Sales started in August 2024 and exceeded $702.5 million in the first year.

Ohio lawmakers can change the law since it passed as a citizen initiative not a constitutional amendment, something they have been trying to do since late 2023.

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Bill On Ohio Governor’s Desk Will Put Hemp Companies Out Of Business, Owners Say

Ohioans in the intoxicating hemp industry fear a bill heading to Ohio Gov. Mike DeWine’s (R) desk will put them out of business.

Ohio Senate Bill 56 is on its way to DeWine after Ohio Senate Republicans passed the bill Tuesday. The Ohio House passed the bill last month after it went to conference committee.

Ohio’s bill complies with recent federal changes by banning intoxicating hemp products from being sold outside of a licensed marijuana dispensary. If DeWine signs the bill into law before the new year, the ban could take effect as soon as March.

“This bill is going to put businesses like me and families like me out of business,” said Ahmad Khalil, one of the owners of Hippie Hut Smoke Shop, with locations in Ohio and Washington.

“Overnight, we’re going to see tens of thousands of people directly impacted, which will ripple effect into 50,000 of families that are also dependent on this person.”

Khalil has been in the hemp industry for nine years.

“This was my American dream, so to see it get taken away from you, kind of hurts,” he said.

Jason Friedman, owner of Ohio CBD Guy in Cincinnati, said this is extremely frustrating.

“My tentative plan will involve eventually closing my East Walnut Hills location resulting in less hours and likely loss of jobs for some of my employees,” he said.

Instead of a ban, Friedman wants regulations for the hemp industry such as age-gating, packaging restrictions, and testing requirements.

“For the state to say that they are changing their stance to banning from regulating because of what the federal government has done in banning intoxicating hemp in the recent spending bill, makes no sense because marijuana has been illegal federally the whole time,” he said.

Mark Fashian, president of hemp product wholesaler Midwest Analytical Solutions in Delaware, Ohio, said this will put him, and hundreds of others out of business, if this becomes law.

He works with more than 500 stores around Ohio that sell intoxicating hemp products.

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Ohio Lawmakers Pass Bill To Roll Back Voter-Approved Marijuana Law And Impose Hemp Restrictions, Sending It To Governor

The Ohio Senate has voted to concur with a House-amended bill to scale back the state’s voter-approved marijuana law and ban the sale of hemp products that fall outside of a recently revised federal definition for the crop unless they’re sold at licensed cannabis dispensaries.

The measure from Sen. Stephen Huffman (R) was substantively revised in the House last month, but the originating chamber voted 22-7 on Tuesday to accept those changes and send the legislation to Gov. Mike DeWine’s (R) desk.

The legislation now pending the governor’s signature would recriminalize certain marijuana activity that was legalized under a ballot initiative that passed in 2023  as well as remove anti-discrimination protections for cannabis consumers that were enacted under that law.

After the House revised the initial Senate-passed legislation, removing certain controversial provisions, the Senate quickly rejected those changes in October. That led to the appointment of a bicameral conference committee to resolve outstanding differences between the chambers. That panel then approved a negotiated form of the bill, which passed the House last month and has now cleared the Senate.

To advocates’ disappointment, the final version of the measure now heading to the governor’s desk would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing.

It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan.

Additionally, it would ban smoking cannabis at outdoor public locations such as bar patios—and it would allow landlords to prohibit vaping marijuana at rented homes. Violating that latter policy, even if it involves vaping in a person’s own backyard at a rental home, would constitute a misdemeanor offense.

The legislation would also replace what had been a proposed regulatory framework for intoxicating hemp that the House had approved with a broad prohibition on sales outside marijuana dispensaries following a recent federal move to recriminalize such products.

“In short, this bill leaves the crux of Issue 2 and marijuana access intact, while providing for several important public safety concerns and also regulations that protect Ohio children,” Huffman argued on the Senate floor ahead of Tuesday’s vote.

Sen. Bill DeMora (D), however, said the legislation undermines the will of voters.

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Amid Raging Drug War Trump’s Hemp Ban Will Further Empower Cartels

During his first term, the Trump Administration’s legalization of hemp in the 2018 Farm Bill was seen as a fantastic win in the crusade to legalize cannabis across the country. Thanks to the bill, not only was hemp cultivation legalized for industrial use, but an additional loophole also paved the way for the legalization of a psychoactive cannabinoid known as Delta-8-THC, which has received high praise for its numerous medicinal uses without the accompanying intensity that comes with a typical cannabis high.

According to the National Cancer Institute, delta-8-THC can be defined as:

“An analogue of tetrahydrocannabinol (THC) with antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties. [Delta-8-THC] binds to the cannabinoid G-protein coupled receptor CB1, located in the central nervous system…This agent exhibits a lower psychotropic potency than [delta-9-THC], the primary form of THC found in cannabis.”

Hemp cultivation has a long history in the United States marred by restrictive prohibition at the behest of industrial tycoons of the early 20th century who were threatened by hemp’s capability to replace the petrochemical industry due to its potential to create more effective, cleaner, and safer alternatives for thousands of products; capable of replacing oil, plastic, lumber, paper, and cotton.

The passage of the 2018 bill presented a promising future for the cultivation of hemp in the United States to potentially revolutionize domestic infrastructure, in addition to serving as a victory for advocates of personal freedom. However, new legislation threatens to change all of that.

The recently passed federal spending bill includes a provision intended to close the aforementioned loophole, banning hemp derived THC products in a move that CNBC notes threatens a growing 28 billion dollar industry.

“What this ban is going to do is it’s going to force all those little players right now into the illegal market. Companies have got way too much money invested in this and the demand is still there and growing. They [companies] aren’t just going to go away, they’re just going to go into the illicit market and put more people at risk.” Said Boris Jordan, CEO of cannabis company Curaleaf.

The move, spearheaded by Kentucky senator Mitch McConnell, who led the charge to pass the original 2018 bill and said to be his final major act in Congress before his retirement next year has been sharply criticized by colleagues such as senator Rand Paul, who worked with McConnell on the original legislation.

“This is the most thoughtless, ignorant proposal to an industry that I’ve seen in a long, long time,” Paul said after the ban was passed. 

This move represents the latest ridiculous folly in the failed war on drugs, as Congress attempts to legislate morality over the rights of individuals self ownership, prohibition will only continue to do what it has always done and fuel the growth of illicit market industry.

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It’s ‘Unclear’ How Feds Will Enforce Hemp THC Product Ban, Congressional Researchers Say, Citing Limited FDA And DEA Resources

Congressional researchers say it “remains unclear” how the federal government might enforce a newly enacted law that takes effect next year banning hemp THC products—flagging concerns about a potential lack of resources on the part of the Food and Drug Administration (FDA) and Drug Enforcement Administration (DEA).

After President Donald Trump signed appropriations legislation late last month that included language that effectively “reimposes” hemp criminalization, the Congress Research Service (CRS) published an analysis about the policy change on Wednesday.

“While the change to the hemp definition will seemingly alter the legal status of many hemp products currently available on the market, it remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect,” the researchers said.

Part of the uncertainty around hemp is related to the federal approach to marijuana, which has been legalized in some form in the vast majority of states but remains federally illegal as a Schedule I drug under the Controlled Substances Act (CSA).

“In marijuana’s case, the federal response has largely been to allow states to implement their own marijuana laws despite the fact that state-regulated activities may violate the [Controlled Substances Act],” CRS said. “If intoxicating hemp products persist on the market after the change to their legal status, it is possible they could be subject to the same criminal and collateral issues as marijuana.”

The analysis added, however, that it “remains to be seen” whether FDA will “pursue additional options to remove these [hemp] items from the market.

FDA and the Drug Enforcement Administration “may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market,” it said, adding that congressional lawmakers may also “choose to exercise oversight over federal enforcement priorities regarding state-regulated cannabis activities.”

FDA and DEA, “in coordination with the Department of Justice, have a range of civil and criminal remedies they may use in efforts to exercise control over these activities,” the report says.

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Chicago Council Committee to Consider Ordinance Restricting Hemp THC Sales to Licensed Dispensaries

On Wednesday, a Chicago council committee will discuss and potentially vote on an ordinance that would prohibit all non-dispensary businesses from selling hemp-derived cannabinoid products, limiting sales exclusively to state-licensed cannabis stores.

The measure, sponsored by Alderman Marty Quinn, would repeal the city’s existing cannabinoid ordinance and replace it with a stricter framework. The proposal creates a broad definition of “hemp-derived cannabinoid product,” covering any intermediate or final product made from hemp that contains cannabinoids of any kind, whether natural, synthetic, or manufactured. It includes items intended for inhalation, ingestion, or topical use. It also defines “concealment” as knowingly hiding or preventing the discovery of these products.

Under the proposed language, no licensed business—except for state-licensed cannabis establishments—would be allowed to possess, sell, give away, barter, exchange, or furnish any hemp-derived cannabinoid product on their premises. The ordinance also bans any act of concealment involving these products. Violations would carry fines between $2,000 and $5,000 per offense, with each day the violation continues counted as a separate offense. Repeated violations could trigger license suspension or revocation.

The Illinois Healthy Alternatives Association announced its opposition ahead of Wednesday’s hearing, arguing that the measure goes too far and would disrupt businesses offering non-intoxicating hemp products.

“We all recognize the importance of implementing responsible regulations to prevent these products from reaching minors,” said Craig Katz, President of the Board for the Illinois Healthy Alternatives Association. “Our members are actively collaborating at both the state and federal levels to create a regulatory framework that safeguards minors and ensures product safety. We can achieve these objectives while still enabling our members to offer their customers the healthy alternatives they require. We are eager to partner with the City Council to find effective solutions.”

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They Built a Hemp Business in Good Faith but Washington Is About To Crush It

As the Senate prepared to vote on the funding bill to reopen the federal government earlier this month, Sen. Rand Paul (R–Ky.) warned that passing the legislation would “regulate the hemp industry to death.” Buried deep inside the continuing resolution was a provision that would completely reverse nearly seven years of industry progress—and potentially wipe out small hemp-based businesses.

In 2019, after the 2018 Farm Bill removed hemp from the Controlled Substances Act, cousins Jim Higdon and Eric Zipperle founded Cornbread Hemp. The Kentucky-based company manufactures and sells hemp-related products directly to consumers nationwide, and it stands out in a highly competitive market thanks to the quality of its organic hemp.

Cornbread pioneered a flower-only production model that uses only cannabis flowers in extraction, yielding higher-quality products. It also enforces a strict set of growing standards.

“We’re farming land that has not had pesticides on it for three years—verified. We’re using non-GMO seeds, no pesticides, and no synthetic fertilizers,” said Higdon. “The only fertilizer input we use is chicken litter…from a certified organic chicken farm.”

That quality has earned Cornbread a loyal and growing customer base, 60 percent of whom are over 66 years old and rely on these products to relieve chronic pain.

It is estimated that the number of licensed growers rose from about 3,500 in 2018 to over 21,000 in 2020. The rush subsided, and by 2021, the market steadied and licenses fell to about 9,700. Even with that correction, the economic impact of industrial hemp is undeniable. Industry estimates suggest the hemp market supports hundreds of thousands of jobs, with one model putting the number at roughly 325,000 workers in farming, biomass processing, product manufacturing, distribution, and retail nationwide. According to Department of Agriculture data, the value of U.S. industrial hemp production was about $824 million in 2021 and approximately $445 million in 2024.

And yet, even before the most recent move by Congress, many small companies, including Cornbread, have been hit by a wave of new state regulations threatening their survival. In 2025, Tennessee passed a law placing the hemp industry under the jurisdiction of the state’s Alcoholic Beverage Commission. The state’s longstanding three-tier system for policing liquor sales now extends to hemp products as well.

Beginning in January 2026, out-of-state hemp companies, such as Cornbread, wanting to do business in Tennessee must first sell their product to a Tennessee-licensed wholesaler, which must then sell it to a Tennessee retail shop. Only then can customers visit the physical store and purchase the product.

While Cornbread can set up its own wholesaler and retail facilities in Tennessee, doing so would be impractical and prohibitively expensive.

Beyond its practical business burdens, Tennessee’s law infringes on Cornbread and other companies’ fundamental right to earn a living. The law also violates the U.S. Constitution’s Commerce Clause by discriminating against out-of-state businesses and shielding in-state interests from legitimate competition. 

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Tennessee Officials Reach Agreement With Hemp Industry To Temporarily Allow THCA Sales

Tennessee’s hemp industry has reached an agreement with state agencies, dismissing a lawsuit and enabling some businesses to keep selling hemp-derived products such as THCA for a short time after new restrictions take effect.

The Tennessee Healthy Alternatives Association announced it entered an order with the state Agriculture and Revenue Departments allowing businesses with licenses issued before December 31, 2025 to continue using a 2023 regulatory framework until their licenses expire June 30, 2026. Such a move allows stores to keep selling many products that will be banned after a new law takes effect January 1.

Because of the agreement, a pending declaratory judgment against the Agriculture and Revenue departments has been dismissed, the association said in a statement.

Part of the new law adopted by the legislature this year transfers regulatory authority over hemp products and beverages from the state Agriculture Department to the Tennessee Alcoholic Beverage Commission.

The new law also bans the hemp derivative, THCA, which converts into delta-9 THC–an illegal substance in Tennessee in greater than trace amounts–when smoked or heated. The synthetic cannabinoid, THCP, is also banned under the law.

Hemp industry representative Clint Palmer, who testified before lawmakers this year, said about 75 percent of the market will be considered illegal under the new ban, which includes THCA flower and vapes. The new law will push consumers to synthetic cannabinoids, he said.

“If you ask your typical consumer, they’re gonna say gross,” Palmer said.

Palmer told lawmakers early this year hemp businesses will be forced to shut down despite spending millions of dollars to comply with state regulations.

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