Tag: hemp

Alabama Governor Faces Contrasting Calls To Sign Or Veto Hemp Regulation Bill On Her Desk

A bill aimed at regulating consumable hemp products has landed on Gov. Kay Ivey’s (R) desk, but its future is uncertain.

HB 445, sponsored by Rep. Andy Whitt (R-Harvest), would establish regulations for consumable hemp products in Alabama, but the bill’s language and potential consequences have led the hemp industry to suggest the possibility of litigation and led to uncertainty among lawmakers, business owners, patients and lobbyists.

“It is my hope that the governor signs the bill this week. I think it’s a good piece of legislation. I think it’s a bipartisan piece of legislation, and certainly, we have to get the guardrails up on this industry,” Whitt said in a phone interview Tuesday.

Key provisions of the bill include:

  • Testing and labeling requirements for all consumable hemp products.
  • Caps of 10 milligrams per individually wrapped product, with a cap of 40 milligrams per package.
  • Authorization for the Alcoholic Beverage Control (ABC) Board to license retailers of these products.
  • Restrictions on retail establishments selling hemp products.
  • Prohibition of sales to minors.
  • Prohibition of smokable hemp products and restrictions on online sales and direct delivery.
  • Imposition of an excise tax on consumable hemp products.

The bill defines “consumable hemp product” broadly as any finished product intended for human or animal consumption that contains any part of the hemp plant or its derivatives, but explicitly bans smokable hemp products and certain psychoactive cannabinoids.

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Florida Lawmakers Again Failed To Regulate Hemp Products This Session

A year ago, members of Florida’s hemp industry were lobbying Gov. Ron DeSantis (R) to veto a bill regulating hemp-derived THC products that many claimed if signed into law would be a devastating blow to their livelihoods.

Their mission was accomplished when he did in fact veto the proposal last June.

That won’t be required this year; the Legislature failed to pass anything on hemp before unofficially ending the legislative session on Friday night (although they are expected to return to Tallahassee later this month to deal exclusively with budget-related matters).

The central problem appeared to be the substantive differences between the Senate bill sponsored by Polk County Republican Colleen Burton (SB 438) and the House version (HB 7027) sponsored by Panhandle Republican Michelle Salzman.

The two measures would have capped the potency of hemp-derived THC products, placed advertising restrictions, and required hemp to be tested by a certified medical cannabis laboratory. But there were some big differences: The Senate bill (like its 2024 version) called for the outright ban of synthetic cannabinoids like Delta-8 and said that the newly popular hemp-infused drinks could only be sold through a retailer holding a liquor license.

Salzman’s bill in the House did not ban Delta-8. Neither did it call for retailers to have a liquor license, but it did include a 15 percent excise tax on all hemp purchases. Jonathan Miller, general counsel for the U.S. Hemp Roundtable, said the House bill was better for his industry than the Senate’s version, and said he appreciated the work that Rep. Salzman devoted to trying to find the right balance.

“In its final form, we said that it wasn’t perfect, but it was a significant improvement on the Senate bill and so in the end nothing passing was better than the Senate bill passing,” Miller said. He’s “hopeful,” he said, that between now and next year’s legislative session “people will realize that the House version is the model to start working from and hopefully produce something that really both protects farmers and consumers at the same time.”

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Massachusetts Lawmakers Consider Bills To Set Tighter Controls On Intoxicating Hemp-Derived Products

Massachusetts legislators this session are looking to take hemp-derived intoxicating products—which contain the same active ingredient as marijuana but are not regulated the same way—off shelves in gas stations, convenience stores and vape shops across Massachusetts.

The hemp products, which are generally edible and intoxicating like gummies or candies, have already been declared illegal in the state by several state agencies but continue to pop up in certain stores outside of dispensaries. Most of these products come from out of state.

Some business owners who sell the intoxicating products argue that the state agencies haven’t settled the matter because hemp is legal federally—through a loophole in the 2018 federal Farm Bill which legalized hemp. Hemp and marijuana are the same plant, but this law removed hemp from the classification of marijuana as long as it contains less than 0.3 percent THC— the psychoactive ingredient in cannabis—by volume.

Four bills have been filed on Beacon Hill to bring any consumable hemp-derived products like edibles, concentrates, tinctures, oils and capsules, under the purview of the Cannabis Control Commission or give local boards of health oversight to remove these products from stores other than dispensaries. Hemp products that are sold in dispensaries like CBD gummies are already regulated by the commission. These bills would specifically target intoxicating products being sold outside of dispensaries.

“[Hemp products] face no additional tax impositions, no host community agreements, no recall process, no FDA testing requirements, no age limits,” said Rep. Dawne Shand, a Newburyport Democrat, at a Joint Committee on Cannabis Policy hearing on Wednesday. “The intoxicating hemp industry makes a mockery of cannabis laws.”

Shand, a member of the committee, is pushing a bill that would prohibit intoxicating hemp products from being sold without an endorsement from the Cannabis Control Commission.

Rep. Michael Soter, a Republican from Bellingham, has two bills that would address hemp-derived products.

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Nebraska Lawmakers Advance ‘De Facto Ban’ On Wide Range Of Consumable Hemp Products

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.

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Florida Bills To Regulate And Tax Hemp Products Advance To House Floor Votes

A measure that would regulate hemp-derived THC products in Florida passed unanimously in its second and final committee in the Florida House on Tuesday, but only after hemp entrepreneurs expressed their strongest criticism of such regulations this legislative session.

The bills (HB 7027 and HB 7029), sponsored by Panhandle Republican Rep. Michelle Salzman, are different in some respects to the Senate version that passed unanimously in that chamber two weeks ago—most significantly in that it puts a 15 percent excise tax on the sale of all such products.

Another difference with the Senate version is that it doesn’t ban consumption of delta-8, the hemp-derived THC product that has grown in popularity since hemp was legalized in the United States through the 2018 U.S. Farm Bill.

The House bill would limit the amount of THC in derived products. Regarding hemp-infused drinks, beverages cannot contain more than 5 milligrams of THC hemp per 6-ounce contains. The bill limits “inhalables” (such as joints and vaping machines) and edibles to 5 milligrams per serving (an increase of 2.5 milligrams from last week’s version).

Another provision would prohibit anyone from receiving more than 100 milligrams of hemp-derived THC in a single 24-hour period.

The bill would prohibit any individual from ingesting hemp consumable THC products within 1,000 feet of a public or private elementary, middle or secondary school between 6 a.m. and midnight. A violator would be subjected to a $25 fine or 50 hours of community service.

Salzman amended her bill from last week in two key respects: It would now allow places like gas stations to sell hemp-infused THC drinks, and it would not place any limitations on non-intoxicating CBD products.

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Hemp Farmers Say Texas Bill To Rein In Intoxicating Cannabinoid Products Could Destroy State Industry

Andrew Hill, who studied and farmed hemp in California before it was legal in Texas, was a keynote speaker at the state’s first-ever agricultural hemp expo in Dallas in 2019. Amid considerable hype and excitement that followed the recent federal legalization of hemp, Hill tried to warn farmers that the industry wasn’t as profitable as state officials and seed vendors were pitching.

“There were guys running around telling farmers they could make $2,500 to $3,000 an acre on hemp. Being an actual farmer, not trying to sell seeds or clones, I couldn’t help but burst out laughing,” Hill said. “Everyone looked at me and asked what was so funny, and they gave me the mic and I said, ‘Ladies and gentlemen, I’ll tell you right now—I haven’t seen over $1,000 an acre since 2015.’”

Still, Texas lawmakers embraced the opportunity hemp presented in 2019, legalizing hemp products of the cannabis plant with less than 0.3 percent THC, the psychoactive component in marijuana. Hill’s Texas Star Hemp Farms was among those to make the investment necessary to profit from hemp, including owning almost all the means of production and sales and spending millions on seeds, licenses and facilities.

Six years after that initial rush, industrial hemp farming in Texas stands on the brink. Senate Bill 3, which would ban any consumable hemp products that contain even trace amounts of THC, could destroy what farmers like Hill have built.

“Now, considering things like hemp hearts, hemp seed oils, salad dressings and those health products that don’t have any cannabinoids in them to get you high, [they] will still be illegal under this law,” Hill said.

Hill is one of about 450 licensed hemp producers in the Texas Industrial Hemp Program at risk of losing a chunk of their livelihoods as Texas lawmakers have prioritized banning tetrahydrocannabinol, or THC, products. Farmers say there is no way they can produce hemp without traces of THC, even for non-consumable products like clothing and paper, meaning SB 3 could deliver a death blow to the industry.

The GOP-controlled Legislature authorized the sale of consumable hemp a year after it was legalized nationwide to boost Texas agriculture by allowing the commercialization of hemp containing trace amounts of delta-9 THC.

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Florida House Committee Approves Hemp Regulatory Bill That Would Impose 15% Tax On All THC Products

All hemp-derived THC products would be taxed at 15 percent under a proposal passed in a Florida House committee on Wednesday.

The measure is one of two regarding regulation of hemp-derived THC products sponsored by Panhandle Republican Rep. Michelle Salzman that were approved unanimously in the House Budget Committee.

The main bill (HB 7027) is a companion to a Senate bill (SB 438) that has already passed unanimously in that chamber, although they do contain significant differences. Among them is that Salzman’s bill would not ban delta-8, the hemp-derived THC product that has grown in popularity since hemp was legalized in the United States through the 2018 U.S. Farm Bill.

Like its Senate companion, the House bill limits the amount of delta-9 THC in hemp-derived products such as beverages and gummies. It says edibles must contain no more than 2 milligrams, be individually wrapped and be sold in containers with no more than 20 edibles.

That raised objections from Patrick Shatzer of Sunmed/Your CBD Store, who says his company is the largest CBD brick-and-mortar business in the country, with 260 locations nationwide and 42 in Florida.

“The size of the gummies—limited to 2 grams—that’s just a tiny little pinkie size wide,” he said to the committee. “That’s not the industry standard. The industry standard is anywhere from 5 to 8 grams.”

Shatzer also objected to the provision limiting 20 servings per container, saying the average dietary supplements permit 30 gummies in a container. And he raised objections to a prohibition on selling, delivering, bartering, giving or furnishing hemp consumables that total more than 100 milligrams of THC to a person in a 24-hour period, saying it would be unenforceable.

Rep. Salzman replied that, while she is open to changing some of those limits, she is holding firm on limiting personal consumption of such products to 100 milligrams of THC a day.

“If somebody knows that they can’t buy more than 100 milligrams in that day, it’s going to give them a warning subconsciously, ‘Maybe I shouldn’t have more than 100 milligrams of this stuff in a day,’” she said. “And if you want more than 100 milligrams of this stuff a day, you probably need to get a medical cannabis card.”

Regarding the proposed 15 percent excise tax on hemp products, Jodi James of the Florida Cannabis Action Network said that not all hemp products are intoxicating, and that those that aren’t should not be taxed at all.

“In the state of Florida, we don’t tax vitamins, we don’t tax supplements,” she said.

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Indiana Lawmakers Approve Bill To Regulate Hemp Products

Contentious regulations for marijuana-like products advanced through the Indiana House of Representatives on Tuesday, but will have to survive closed-door negotiations before crossing Gov. Mike Braun’s (R) desk.

“I filed a dissent,” Sen. Travis Holdman, the measure’s author, told the Capital Chronicle.

“We’ve got some clean-up to do,” the Markle Republican said. “We’ll be working on it.”

Products with legally low concentrations of delta-9 tetrahydrocannabinol have proliferated in Indiana, alongside those containing delta-8 THC and other isomers. Attempts to regulate the nascent industry, which is booming on shaky legal footing, have failed repeatedly—but are nearing law, in the form of Senate Bill 478.

“These products, being legal under federal law, but having no regulatory structure here in the state, means that technically, it’s not illegal to sell these products to minors [or] to target youth with advertising or packaging, and that there’s no testing requirements to protect consumers from potentially dangerous adulterants,” said Rep. Jake Teshka, the House sponsor, on the chamber’s floor Tuesday.

The measure sets out advertising, age-limit, licensing, packaging, testing and other requirements over the currently unregulated substances. It authorizes the Indiana Alcohol and Tobacco Commission to oversee the industry, including approving up to 20,000 retail permits.

Lawmakers have put it through a whopping seven rounds of edits. But critics—including Indiana’s attorney general and anti-marijuana groups—still have objected, arguing the language would expand existing loopholes.

“With Senate Bill 478, I think we finally have an opportunity to rein in this market,” Teshka, R-North Liberty, said. “We have the opportunity to provide real clarity to law enforcement, to protect Hoosier youth, to empower our farmers and to protect our consumers.”

Members of Teshka’s own caucus remained skeptical.

“I recognize that…the General Assembly should take action on the current state of this product,” said Rep. Tim Wesco, R-Osceola. “[But] I don’t feel like this is the appropriate action.”

Instead, it’s “moving us further down a path of increasing—dramatically increasing—access to these products that are known to have adverse and negative effects,” Wesco continued. “We’re setting up a framework that we’re likely not going to go back on, that is just going to expand from here.”

Lawmakers from both parties crossed sides in the 60-37 vote.

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North Carolina Lawmakers Are Considering At Least Nine Bills To Regulate Intoxicating Hemp-Derived Products

North Carolina lawmakers have proposed at least nine bills this year that seek more regulation on the sale and purchase of gummies, drinks and vaping products containing compounds from hemp.

Most of the bills seek to make it illegal for youth to buy snacks, drinks and vape products containing hemp-derived cannabinoids or to keep them off school property. Legislators and sheriffs talked about one of the bills, House Bill 680, The Protect Children from Cannabis Act, at a Wednesday news conference.

The bill would make it illegal for shops to sell consumables containing hemp compounds without a permit, and would make it illegal for people under 21 to buy them. The Alcohol Beverage Control Commission and Alcohol Law Enforcement (ALE) would have investigative and enforcement powers.

“Currently, there’s no age restriction on purchasing these intoxicating cannabinoids, and children do use these and buy these every day,” said Rep. Timothy Reeder (R-Pitt), one of the bill’s primary sponsors.

Onslow County Sheriff Chris Thomas said vape shops have opened near schools in his county to take advantage of the young customer base.

It appears sellers are focusing on young customers, he said, “because the young clientele is a customer for a long time.”

An effort to regulate snacks containing hemp cannabinoids and banning the products from schools faltered last year when the state Senate attached medical marijuana legalization to a House bill. The House and Senate have been at an impasse over medical marijuana for several years.

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Florida Senate Passes Bill To Restrict Hemp Products Like Delta-8 THC

For the second year in a row, the Florida Senate has approved new regulations on hemp-derived THC products in Florida, although this time the proposal includes limitations on the industry’s hottest new product, THC-infused beverages.

Polk County Republican Sen. Colleen Burton has led the charge in attempting to place some restrictions on these intoxicating products, which have emerged since the state legalized hemp in 2019. Since then, some states have banned all such products, while others have heavily regulated them.

Burton said that people have asked her why is she trying to regulate an industry that has been established in Florida for years. She said hemp-derived THC products are “causing harm to Floridians.”

“We have retailers in the state of Florida that are selling products that are intoxicating,” she said. “They are selling products that are putting adults and children in the hospital. And, sadly, they are selling products that are causing the deaths of Floridians.”

She alluded to a Jacksonville television station’s website, which reported this week on a Georgia woman who  believes her 25-year-old son’s death from heart disease was caused by ingesting Delta-8 gummies. “That young man did not know that what he was ingesting was going to hurt him,” Burton said.

The bill (SB 438) bans all Delta-8 products and limits the amount of Delta-9 hemp-derived products to no more than five milligrams per serving or 50 milligrams per container. It limits the amount of THC in hemp-infused drinks to five milligrams per container. Such drinks could only be sold through a retailer holding a liquor license.

It requires that each final batch of hemp extract must be tested in a certified marijuana testing laboratory before it may be sold in the state, with results verified and signed by two laboratory employees. The lab would determine whether the product meets the definition of hemp and hemp extract.

During a combined Florida House workgroup formed to study the hemp industry earlier in the session, the owner of a Lakeland testing lab that contracted with the Florida Department of Agriculture to test cannabis and hemp products appeared. He testified that his lab tested 50 out of 53 flower hemp samples from different smoke/hemp shops across the state that were over the legal 0.3 percent Delta 9 THC limit, and found contaminants in these products.

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