Tag: hemp

Nebraska Lawmakers Move Forward With Plan To Outlaw Most Consumable Hemp And THC Products

A legislative proposal that would ban most consumable hemp and other THC products in Nebraska advanced Tuesday without amendments as opponents blocked changes.

Throughout a four-hour debate on Legislative Bill 316, from state Sen. Kathleen Kauth (R) of the Millard area, only a handful of senators spoke. That’s because of pointed opposition from state Sen. John Cavanaugh (D) of Omaha, who filed nearly 30 motions or amendments throughout the bill’s life, largely to push senators toward considering regulations instead of a ban.

LB 316 advanced 32–15 with 32 of the 33 Republicans voting for it and all 15 Democrats voting against. The Legislature’s one nonpartisan progressive was not in attendance.

State Sen. Dan McKeon (R) of Amherst, who was “present, not voting” on advancing the bill, said he did so to wait for possible future changes. He said he recently toured a consumable hemp shop in his district and has concerns about whether the bill could freeze those operations.

LB 316 would prohibit raw hemp above 0.3 percent tetrahydrocannabinol (THC) of any concentration and for processed hemp the lesser of 0.3 percent THC on a total weight basis or 10 milligrams per package, effective January 1. The mature stalks of Cannabis sativa and its fiber, oil, cake and any other naturally derived products would not be considered hemp, leaving a narrow legal path for some products such as fibers and textiles.

If the bill passed, it would include a “consumer safe harbor period” through the end of 2025 to give consumers time to discard any “illegal hemp” as newly defined under LB 316. Legal products would face an additional 10 percent wholesale tax at the time of purchase.

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USDA Trade Committee That Promotes Hemp Internationally To Be Closed Under Trump Executive Order

The Trump administration is moving to terminate trade advisory committees under the U.S. Department of Agriculture (USDA), including one that had been expanded to include hemp industry representatives to promote the crop internationally.

In a notice published in the Federal Register on Monday, USDA advised that it will be going forward with the termination of the committees in compliance with an executive order President Donald Trump signed in February that’s meant to reduce the size of the federal government across multiple agencies. The plan has been paused, however, as USDA is now asking the White House to advise on how to most efficiently facilitate the terminations.

This means the Agricultural Technical Advisory Committee (ATAC) for Trade in Tobacco, Cotton, Peanuts, and Hemp—among six other committees focused on different crops—will be shuttered. 

“It’s certainly a concern,” Jonathan Miller, general counsel at the U.S. Hemp Roundtable, told Marijuana Moment on Wednesday. “You know, the irony has been, for the past decade, we’ve wanted to be treated like every other commodity—and we got that when it comes to this commission. Now, with this broad focus we’re potentially being penalized.”

However, he said that in light of certain policy reversal amid the Trump administration’s efforts to cut spending, he remains “hopeful” that after a review, there will be “a real focus going forward on what’s meaningful and what’s not. And we think this is a meaningful program.”

The ATAC didn’t always have hemp in its title, nor representatives of the industry. But following the federal legalization of low-THC forms of the cannabis crop under the 2018 Farm Bill that Trump signed into law during his first term, USDA got to work incorporating hemp into its various policies and programs, which included its elevation within the ATAC in order to encourage international trade deals.

USDA and the U.S. Trade Representative (USTR) have been gradually building up hemp industry representation within the ATAC. The first members were appointed in 2020, and the most recent joined this January, shortly before Trump took office for the second time. The name of the ATAC was changed to explicitly include hemp in 2023.

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Texas Democrats Slam GOP Lieutenant Governor For Championing Hemp Product Ban That Has Now Passed The House

Lawmakers in the Texas House of Representatives have passed a measure to establish a statewide ban on consumable hemp products that contain any detectable amount of THC.

The House approved the bill, SB 3, on third reading vote of 87–54 on Thursday.

Under the latest version of the proposal, championed by Lt. Gov. Dan Patrick (R), who presides over the Senate, adults could face a $500 fine for possessing a hemp product containing any THC—a penalty that would climb to up to 180 days in jail for subsequent offenses.

Earlier this week, Patrick wrote on social media that “we cannot in good conscience leave Austin without banning THC.”

“I’ve been here for 17 years at the Texas Capitol—10 years as your lieutenant governor,” he said in a video Monday evening. “I’ve never been more passionate about anything.”

Democrats have attacked the bill as an assault on personal liberty and gone after Patrick for his zeal around the ban.

“Dan Patrick is coming for your THC,” the party posted on social media. “Why doesn’t he bring this kind of energy to fully funding our public schools and raising teacher pay?”

“In the so-called ‘freedom state’,” it added, “adults should have the right to use cannabinoid products. We allow alcohol and tobacco—why not a gummy or oil to relax and ease pain?”

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Texas House Approves Bill To Ban Consumable Hemp-Derived THC Products

The Texas House late Wednesday gave initial approval to a bill that would ban all products containing tetrahydrocannabinol, or THC, likely spelling the end for the state’s short-lived hemp industry.

Under the legislation, which is nearing the governor’s desk for approval, adults would face up to a year in jail for possessing hemp products with any amount of THC—a stricter penalty than what is on the books for possessing up to 2 ounces of marijuana.

The bill’s expected passage portends a minor earthquake for the state’s economy, effectively shuttering a field that, by one estimate, accounts for roughly 50,000 jobs and generates $8 billion in tax revenue annually.

THC products, now a ubiquitous presence at gas stations, convenience stores and thousands of other retailers across Texas, are now poised to be taken off the shelves. The about-face comes six years after the Legislature inadvertently touched off a massive boom in hemp-based products when lawmakers, intending to boost Texas agriculture, authorized the sale of consumable hemp.

Though that 2019 law does not allow products to contain more than trace amounts of delta-9 THC, it did not establish that same threshold for other hemp derivatives. Critics say the hemp industry has exploited that loophole to the tune of more than 8,000 retailers now selling THC-laced edibles, drinks, vapes and flower buds.

The vote ended months of suspense over how the House would handle competing calls to ban or regulate THC, the psychoactive element in marijuana.

This session, Lt. Gov. Dan Patrick (R), who oversees the Senate, has led the charge to eradicate the industry, which he accuses of preying on susceptible minors by setting up stores near schools and marketing products to children. The Senate passed legislation in March to ban all THC products, and the Republican leader threatened to force an overtime session of the Legislature if the House did not get on board.

“I’ve been here for 17 years at the Texas Capitol—10 years as your lieutenant governor. I’ve never been more passionate about anything,” Patrick said in a video posted on social media Monday evening. “I’m not gonna leave Austin until we get this done.”

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One Out Of Four Indian Tribes In The U.S. Is Now Involved In Marijuana Or Hemp Programs, New Map Shows

A new infographic from an advocacy group representing Native American tribes in the legal cannabis industry shows that more than a fourth of Indigenous communities in the continental United States are now involved with marijuana or hemp programs.

The map, created by the Indigenous Cannabis Industry Association (ICIA) in collaboration with the law firm Vicente, shows the locations of more than 100 tribal marijuana and hemp programs across the country.

Overall, approximately 26 percent of the 358 federally recognized Indigenous communities in the continental U.S. are now involved in some sort of cannabis program, the groups said.

The data, they said in a press release, “shows that the Indigenous cannabis industry is trending upward in terms of jobs, community development, and overall industry growth, with many Tribes currently scaling to meet demands for global cannabis distribution.”

“Since the first regulated Indigenous cannabis storefront opened almost 10 years ago in Washington State,” the groups said, “dozens of sovereign Indigenous communities have created their own unique regulatory systems to govern cannabis cultivation, production and sales.”

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Marijuana And Alcohol Businesses Should Join The Hemp Industry In The Fight For Regulation Instead Of Prohibition

In recent months, leading organizations and companies in the alcohol and marijuana space have jumped into the hemp sector, offering their support for clear federal legalization and robust oversight of hemp products.

The U.S. Hemp Roundtable, the hemp industry’s national advocacy organization, welcomes them—but asks them to join us in a framework that rejects prohibition, embraces regulation, prevents access by minors and protects retail and e-commerce for all elements of the diverse hemp industry.

Since the 2018 Farm Bill federally legalized hemp, it’s been a rollercoaster ride. After a brief gold rush, the Food and Drug Administration’s (FDA) refusal to regulate CBD led to a crash in prices and widespread disruption. But with a hemp industry as resilient as its stalk, innovators pioneered direct-to-consumer (DTC) sales and developed a new market for adult health and wellness products–including a hemp beverage boom which now meets growing demand for non-alcoholic options.

Today, the hemp extract market has surged to $28.4 billion, creating 328,000 agriculture and retail jobs, with a $13.2 billion employment impact and $1.5 billion generated in state tax revenues. Its popularity is not surprising—hemp products are made in the USA, harvested from crops grown by American farmers, manufactured by innovative U.S. entrepreneurs and sold by small businesses dotting the nation.

Competing interests have taken note of hemp’s success. A few marijuana multi-state operators (MSOs) have led efforts at the state and federal level to ban hemp products, and/or seek monopoly control over distribution. But the majority of marijuana advocates support regulation, not prohibition. In fact, many cannabis companies have found new life via hemp. We’re excited to join an emerging new effort to bring the entire cannabis family together in a united policy-making venture.

More recently, the alcohol industry is weighing in as hemp beverages have gained space on shelves previously reserved for liquor. Leading organizations such as the Wine & Spirits Wholesalers of America and the American Beverage Licensees have called for Congress and state legislators to explicitly legalize and regulate hemp beverages, which in 2024 boasted $380 million in revenues.

But warning clouds loom. In some states, efforts to regulate beverages include bans on other types of hemp products, such as edibles or CBD tinctures fully 85 percent of the hemp product marketplace). In others, there is a rush to ban DTC sales—a lifeline to hundreds of thousands of adult consumers.

Texas has emerged as a key battleground. In response to Lt. Gov. Dan Patrick’s (R) crusade to criminalize all hemp products, HB 28 was introduced as a hemp beverage carveout. Unfortunately, that bill would ban nearly all non-beverage hemp products, criminalize DTC and dramatically reduce the number of retailers who can sell these products.

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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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