Tag: hemp

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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Congressional Committee Invites Hemp Industry Expert To Testify At Hearing On How FDA ‘Failed’ To Regulate Products

A congressional committee has scheduled a hearing for next week focused on the Food and Drug Administration (FDA), inviting a hemp industry representative to testify on how the agency “failed” to approve certain products such as CBD.

The House Oversight Committee hearing—titled “Restoring Trust in FDA: Rooting Out Illicit Products”—is set to take place on Wednesday.

FDA “failed to approve products and take necessary enforcement actions resulting in a flood of illicit and counterfeit products entering the country,” a memo on the hearing says.

The meeting won’t exclusively focus on cannabis issues. But among the four listed witnesses selected to testify is Jonathan Miller of the U.S. Hemp Roundtable, an organization that has long criticized FDA’s inaction on CBD and other cannabinoid regulations since the crop was federally legalized under the 2018 Farm Bill.

Miller told Marijuana Moment on Friday that he expects the hearing to be “wide-ranging,” but his testimony will concentrate on “all the challenges the hemp industry has been having by the FDA’s failure to regulate our products.”

He said that his testimony will serve as an “update” on issues he outlined during a 2023 hearing before a subcommittee of the full panel, where lawmakers raised concerns about FDA’s refusal to establish rules allowing for the marketing of federally legal hemp as a food item or dietary supplement.

In the two years since that initial meeting, the hemp market has faced repeated regulatory challenges—with a growing number of states moving to enact bans on certain hemp products due to the lack of regulations around intoxicating cannabinoids such as delta-8 THC that have become widely available.

“Nothing has happened at the FDA” to resolve the issue, Miller said. “And we think these ban efforts have a lot to do with the fact that we’re not regulated. So if we can get regulated, hopefully people will drop the efforts to ban our products.”

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Texas Lieutenant Governor Says He’ll Push For Special Session To Pass Hemp Product Ban

Texas Lt. Gov. Dan Patrick (R) said he will move to force an overtime session of the Legislature if lawmakers fail to ban THC or tighten Texas’s bail laws—two of his top priorities—before the current session ends in early June.

The power to order lawmakers back to Austin for a special session is reserved for Gov. Greg Abbott (R), who also gets to set the agenda for such overtime rounds. But in his role presiding over the Texas Senate, Patrick can block any bill from passing, giving him leverage to compel special sessions by killing must-pass legislation.

Patrick did exactly that in 2017, thwarting passage of a “sunset” bill that would have extended the life of several state agencies, including the Texas Medical Board, after the House declined to take up measures curbing property tax rates and requiring transgender people to use public restrooms based on “biological sex” rather than their gender identities.

In an interview, Patrick affirmed that he would go a similar route this session if the House declines to get on board with his priority bill to clamp down on the state’s exploding hemp market by banning products that contain tetrahydrocannabinol, or THC.

“There aren’t many things you go down that path for, but the life and health of people is one,” Patrick told The Texas Tribune on Wednesday. “I couldn’t, in good conscience, leave here knowing if we don’t do something about it in the next two years—how many kids get sick?”

Patrick and Senate lawmakers are taking aim at the roughly 8,300 Texas retailers that sell a range of hemp products—from gummies to beverages to flower buds—under a 2019 state law that authorized the sale of consumable hemp. Patrick and Sen. Charles Perry, the Lubbock Republican who carried the 2019 law, say the hemp industry has exploited a loophole in a bill that was intended to boost agriculture by allowing non-consumable products with small amounts of delta-9 THC.

While hemp products are not allowed to contain more than a 0.3 percent concentration of THC—anything higher is classified as marijuana—Patrick and Perry contend that the industry has endangered public health by putting products on the shelf with dangerously high levels of THC well beyond the 0.3 percent threshold.

Perry’s proposal this session, known as Senate Bill 3, would effectively shutter the hemp industry by making it illegal to possess or manufacture products containing THC outside the state’s limited medical marijuana program.

It’s already passed in the Senate, but it awaits action in the lower chamber, where industry leaders are hopeful House members will push for stricter oversight and licensing requirements in lieu of banning THC products altogether.

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Ohio CBD Retailers Push Back Against Effort To Limit Hemp Products To Marijuana Dispensaries

Ohio CBD store owners are concerned about a bill that would regulate intoxicating hemp and drinkable cannabinoid products something that could potentially put them out of business.

Fourteen people submitted opponent testimony and four people submitted supporter testimony for Ohio Senate Bill 86 during Tuesday’s Senate General Government Committee meeting. No supporters showed up at the meeting to testify in person.

“Should these restrictions pass, they would eliminate 90 percent of the non-intoxicating full-spectrum hemp products we currently offer,” said Jaimee Courtney, owner of Bellefontaine’s Sunmed Your CBD Store. “This would drive consumers to unregulated online markets, creating potential safety risks and diverting significant tax revenue out of Ohio.”

The bill would require intoxicating hemp products to be sold only at adult-use marijuana dispensaries instead of allowing them to be sold at CBD stores, convenience stores, smoke shops or gas stations.

The bill would also impose a 15 percent tax on intoxicating hemp products, ban sales to anyone under 21 and only allow intoxicating hemp products to be sold at dispensaries if the products have been tested and comply with standards for packaging, labeling and advertising.

Ohio state Sens. Steve Huffman (R-Tipp City) and Shane Wilkin (R-Hillsboro) introduced SB 86. Eleven people submitted testimony in support of the bill last week—including people in the marijuana business, poison control workers and religious organizations.

“The people walking into our stores are not looking to get high, they are looking for relief,” said Robert McClure, owner of Centerville and Deerfield Township’s Sunmed Your CBD Store. “Most of our customers will not go to a dispensary for a multitude of reasons.”

He said his store requires customers to be at least 21 years old to buy their products, which are all third-party tested.

“We have concerns that the language in SB 86 would ban most of all other types of hemp products from retail sales and driving them to an unsafe, illicit environment with no age restrictions,” said Kristin Mullins, president of the Ohio Grocers Association.

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Nebraska AG Warns Of Coming Crackdown On Hemp-Derived Products, Including Delta-8 THC

Nebraska Attorney General Mike Hilgers (R) said Thursday that he is done negotiating with smoke and vape shop retailers he says are breaking state law by selling candy and other products with delta-8 THC, a synthetic version of THC.

Hilgers has spent the past year and a half trying to persuade and sue retailers into pulling off the shelves what he calls a dangerous, unregulated drug before more people than the half-dozen or so complaints his office has received get hurt.

In some of those cases, he has worked with retailers selling the gummies, pouches and other ways to consume delta-8 products to avoid using the full extent of potential state civil penalties and fines. He’s also avoided referring them for prosecution.

No longer, he said Thursday.

He said his civil attorneys in the AG’s Office are sending letters to 35 to 37 owners of 104 stores in the Omaha area demanding the products be pulled from store shelves or the state will sue for maximum pain.

In cases where delta-8 THC sales continue or where harder drugs were offered or sold, he said his office would refer any relevant investigative reports to local county attorneys for the filing of possible criminal charges.

“We gave them plenty of warning,” Hilgers said. “We thought criminal prosecution was not the right tool. They have decided not to change. Now criminal prosecutions are on the table as well… What they should do is take it off the shelf.”

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Federal Judge In Indiana Dismisses Hemp Industry Lawsuit Over Legality Of Delta-8 THC

A nearly two-year-old legal battle is over—for now—after a federal judge dismissed a lawsuit over the legality of delta-8 tetrahydrocannabinol (THC) goods and other low-THC hemp products.

Judge James R. Sweeney II, of the U.S. District Court for Indiana’s Southern District, wrote the suit is “fundamentally” a “question for consideration by Indiana’s courts.”

Delta-8 is an isomer of delta-9 THC, the active ingredient in marijuana.

Plaintiffs 3Chi, Midwest Hemp Council and Wall’s Organics filed suit in 2023, several months after an opinion from Indiana Attorney General Todd Rokita (R) found the products are illegal.

The opinion was a direct response to a request by now-former Indiana State Police Superintendent Doug Carter and the Indiana Prosecuting Attorneys Council. Local law enforcement agencies took note, with some notifying retailers they could get in trouble or even raiding retailers, according to the complaint.

The plaintiffs argued that Rokita’s opinion violates the 2018 federal Farm Bill—which removed hemp from the definition of marijuana—and similar provisions in Indiana law by “unilaterally” reclassifying their products as Schedule I controlled drugs. They also sought an injunction.

The judge determined the plaintiffs had standing to sue. But in an order filed Tuesday, Sweeney found they “have not met their burden of demonstrating that their alleged injury is redressable by the Court.”

The “problem,” Sweeney wrote, is that Rokita’s opinion isn’t binding and isn’t law.

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Company Behind Edible Arrangements Enters Cannabis Industry With New Hemp Delivery Service—And A Different Kind Of Edible

The company behind Edible Arrangements is entering the cannabis market, launching a new delivery service for hemp products.

Edible Brands, best known for its line of ornate fruit arrangements, announced on Thursday that it was expanding to start selling different kinds of edibles: hemp gummies, drinks and supplements.

The products can be purchased for delivery from a new site, Edibles.com.

“Edible Brands’ wellness-driven approach aligns with the evolving future of this category,” Thomas Winstanley, the executive vice president of Edibles.com, said in a press release. “With our robust infrastructure and nationwide footprint, we are uniquely positioned to accelerate industry growth.”

“Joining an organization that prioritizes consumers, advocacy, and innovation allows us to strengthen and shape this emerging market,” he said.

That emerging market—which proliferated after hemp was federally legalized under the 2018 Farm Bill—has been facing challenges in recent years, as more states and Congress have pushed to reign in business selling intoxicating cannabinoid products.

Edibles.com isn’t currently servicing California, where the governor recently signed an emergency order banning hemp-derived products containing any traces of THC. However, the company didn’t reference the policy and simply said it was “unable to offer our products to California residents at this time, but stay tuned as we expand.”

It is launching hemp deliveries in Texas, though. But that would likely be complicated if a bill that passed the state Senate on Wednesday is ultimately enacted into law, similarly prohibiting any consumable hemp products that don’t exclusively contain non-intoxicating CBD or CBG.

It’s relatively rare to find cannabis products with no THC at all, and federal law provides that hemp is legal as long as it contains no more than 0.3 percent THC by dry weight.

In any case, Edible Brands evidently sees an opportunity even amidst the shifting policy landscape. And after Texas, it said it will be expanding to serve consumers in Florida and Georgia. Certain products will be available for shipping nationwide, depending on the state laws.

“The hemp industry is evolving rapidly, but consumers still face challenges with perception, education, and accessibility,” Somia Farid Silber, CEO of Edible Brands, said. “We’re making it easier than ever for consumers to access premium, vetted products with the convenience they expect today.”

Jake Bullock, CEO of the cannabis drink company Cann, which is part of Edible.com’s product offerings, called this market development “a defining moment for the hemp industry.”

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Texas Senate Passes Bill To Ban Hemp-Derived THC Products As New Poll Shows Voters Support Keeping Market Legal

The Texas Senate has approved a bill that cannabis advocates and stakeholders say would effectively eradicate the state’s hemp industry, prohibiting consumable products derived from the plant that contain any amount of THC.

This comes as a new poll shows overwhelming public support for keeping consumable hemp products legal, while strictly regulated.

With the backing of Lt. Gov. Dan Patrick (R)—who held a press conference criticizing the hemp market on Wednesday after visiting stores that sell cannabinoid products—the hemp ban legislation from Sen. Charles Perry (R) passed the full chamber in a 24-7 vote.

Under the bill, only non-intoxicating CBD and CBG items could be sold, even though hemp with up to 0.3 percent THC by dry weight was legalized at the federal level in 2018. Supporters argue that re-criminalizing cannabis with any traces of THC is necessary to close a loophole in the state’s own hemp law that’s allowed for the proliferation of businesses selling intoxicating products.

“For those that argue that this should just be more regulation and tax, there’s not enough tax that we can collect that will deal with the behavioral health issues and the addictions that we currently face,” Perry said on the Senate floor. “It would be in the billions. It’s unenforceable because every day a new product hits the shelf that was at the whim of a chemist.”

“What they have created and what they’re doing is akin to K2 and Spice and bath salts of the past that we as a legislature voted out of existence as soon as possible,” he said. “The effect of what this drug is doing to the people that are involved in it—contrary to what you hear—is devastating lives. It’s generational. It is creating psychosis. It’s creating paranoia.”

Senators approved a series of amendments from the sponsor on the floor on Monday, including one that would require all consumable hemp products to be tested and federal Drug Enforcement Administration- (DEA) certified labs based in Texas.

Another Perry amendment that was adopted mandates that consumable hemp products be registered with the state Department of State Health Services (DSHS). Each product registration would carry a $500 fee, and they could not could not contain any non-cannabinoid mood-altering ingredients or additives. It would be a Class B misdemeanor to sell an unregistered product.

The body also passed an amendment to make it a felony offense for to operate a hemp manufacturing or retail business without a license or permit.

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