Tag: hemp

Kentucky Senate Passes Hemp Drinks Bill With Amendment Regulating, Instead Of Banning, Them

The Kentucky Senate advanced a bill Friday that would regulate intoxicating hemp-derived beverages but without banning their sales as first proposed.

The bill’s sponsor, Sen. Julie Raque Adams, R-Louisville, amended Senate Bill 202 after Republicans and Democrats alike expressed skepticism about the ban when the measure was approved by a committee earlier this week.

Adams’s floor amendment removed the temporary sales ban and would instead impose a cap of 5 milligrams of tetrahydrocannabinol, or THC, on cannabis-derived drinks. The bill adds regulation of the intoxicating beverages to state laws that regulate alcoholic beverages, giving the Kentucky Department of Alcoholic Beverage Control the authority to oversee their distribution and sale.

Raque Adams said her floor amendment provided a “really solid starting point to put guardrails around this product so it doesn’t get in the hands of our children, guardrails for public health and guardrails for safety while maintaining the small business interests that we have seen across the commonwealth.”

“We are treating cannabis-infused beverages exactly like we’re treating alcohol,” Adams said.

As canned hemp-derived beverages containing THC have been gaining popularity across the country and popping up in convenience stores, state governments have increasingly sought to regulate them.

SB 202 passed the Senate by a vote of 29-6 with the minority of Democrats opposing the legislation, arguing that, while they agreed with regulating the beverages, the legislation was rushed and that senators and the public were not given enough time to understand the changes.

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Georgia Senate Passes Bills To Expand Medical Marijuana Access And Limit THC In Hemp Beverages

Three bills changing the way Georgia regulates hemp and medical cannabis have cleared the Senate ahead of Thursday’s Crossover Day deadline. The votes on the bills are some of the only ones this session that didn’t fall cleanly along party lines, with Senate Republicans divided over expanding medical access to cannabis and members of both parties split over new regulations on recreational hemp products.

Medical cannabis

Senate Bill 220, also known as the “Putting Georgia’s Patients First Act,” passed in a contentious 39–17 vote after more than an hour of debate in the Senate. Like its counterpart in the other chamber, House Bill 227, the bill replaces the term “low-THC oil” with “medical cannabis” in Georgia code, removes requirements that certain medical diagnoses like cancer or Parkinson’s disease be “severe or end stage” and adds lupus to the list of qualifying health conditions.

Unlike the House version, SB 220 removes an existing prohibition against vaping cannabis oil and raises the percentage of THC that medical cannabis products may contain from 5 percent to 50 percent.

The bill was amended on the floor to include a provision allowing caregivers to pick up medical cannabis from pharmacies. Three other amendments aimed at reducing the amount of THC allowed in medical cannabis, removing the provision that allows for vaping, and removing PTSD and intractable pain from the list of approved diagnoses failed during a series of floor votes.

Hemp bills

Two bills aimed at strengthening hemp regulations in Georgia passed the Senate in decisive votes on Crossover Day, seeking to limit recreational use of marijuana as the chamber simultaneously eased restrictions for medical use.

Marietta Republican Sen. Kay Kirkpatrick’s SB 33 subjects chemical compounds like delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC) and other cannabinoids to testing and labeling regulations that were added last year under SB 494. It passed in a 50–6 vote.

In her speech from the well, Kirkpatrick said her bill is aimed at cutting down on unregulated hemp products from China and other countries.

“This bill is not a ban,” Kirkpatrick said. “It’s a consumer protection bill that is not intended to impact processors that are already testing and labeling their products appropriately. It’s intended to make sure that consumers buying these products are clear on what they’re buying.”

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Kentucky Senate Panel Votes To Ban Sale Of Hemp-Derived Beverages On A Temporary Basis

Kentucky lawmakers advanced a “shell” bill Wednesday evening to ban the sale of hemp-derived beverages in the state until summer of 2026, a move supporters say will allow time to understand how intoxicating versions of the beverages are impacting consumers.

But those involved in the hemp industry decried the proposed moratorium on the sale of hemp-derived beverages as hampering, or even crippling, small businesses trying to market, distribute or sell the canned beverages that are gaining popularity across the country and popping up in places including convenience stores.

Senate Bill 202 sponsor Sen. Julie Raque Adams (R-Louisville) said the goal of her bill is to better understand and regulate intoxicating hemp-derived beverages similar to how the state regulates other intoxicating beverages such as beer or liquor.

She spoke to lawmakers alongside Rep. Matthew Koch (R- Paris) with a line of cans on a desk featuring various flavors and amounts of infused non-intoxicating cannabidiol, known as CBD, and other cannabinoids, which can include intoxicating tetrahydrocannabinol, or THC.

“We are simply placing a moratorium on their sale until such time as we can establish robust regulations that protect Kentucky consumers and, most importantly, Kentucky children,” Adams said. “We have a real, I think, consumer protection issue going on right now. We need to make sure that Kentucky gets this right.”

Legislative concerns about regulating hemp-derived beverages sprang into public view on the 22nd day of this year’s 30-day session. The deadline for filing bills in the Senate was February 18.

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Committee In Tennessee Signs Off On Proposal To Tighten Restrictions On Hemp Industry

Despite warnings that the hemp industry would be decimated, the House Judiciary Committee passed a measure Wednesday that would put stricter regulations in place.

Sponsored by House Majority Leader William Lamberth (R) of Portland, House Bill 1376 would place the industry under the Alcoholic Beverage Commission instead of the Department of Agriculture and remove products from convenience and grocery stores. Only vape and liquor stores would be allowed to sell some hemp products.

The House bill is set to be heard next in the Commerce Committee, where agreements with the industry could be reached.

“It does ban [derivatives] THCA and THCP. The reason for that is we have not legalized marijuana in this state,” Lamberth said.

Hemp is distinguished from marijuana in that it contains a compound called delta-9 THC. Cannabis with a concentration of less than 0.3 percent delta-9 THC is defined as legal hemp in Tennessee—and federally. Cannabis with concentrations greater than 0.3 percent is classified as marijuana and is illegal to grow, sell or possess in Tennessee.

Hemp flowers also contain THCA, a nonintoxicating acid that would be banned in Tennessee under this bill. When heated or smoked, the THCA in the plant converts into delta-9 THC—an illegal substance in Tennessee in greater than trace amounts.

Clint Palmer, a representative of the hemp industry, told lawmakers the bill is similar to one passed in 2023 that led to a lawsuit against the Department of Agriculture that remains in litigation.

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Wisconsin Governor Puts Marijuana Legalization In Budget Request, Along With Provisions To Regulate Hemp-Derived THC

The governor of Wisconsin has once again included a proposal to legalize marijuana in his biennial budget request.

“Legalize, regulate, and tax the sale of marijuana for recreational use, much like Wisconsin already does with alcohol,” a budget brief that the office of Gov. Tony Evers (D) released on Tuesday says, adding that it will result in “$58.1 million in revenue in fiscal year 2026-27 and growing amounts in future years.”

Under current Wisconsin law, cannabis is illegal for both recreational and medical purposes.

The governor’s proposal would additionally “create a process for individuals serving sentences or previously convicted of marijuana-related crimes to have an opportunity to repeal or reduce their sentences for nonviolent minor offenses.”

“The Governor further recommends the imposition of a 15 percent wholesale excise tax and a 10 percent retail excise tax on the sale of marijuana for recreational use by department-issued permit holders,” it says.

Identical bills to facilitate the budget requests have been filed in both the Senate and Assembly.

In addition to legalizing cannabis for adult use, Evers is proposing to include delta-8, delta-10 THC and other intoxicating hemp-derived cannabinoids in the definition of marijuana to “ensure their production, processing and sale is regulated and not available to individuals under 21.”

Further, the governor is calling for the the Department of Revenue the enter into agreements with tribal territories “for the refund to tribes of marijuana excise taxes estimated to be collected from sales on tribal lands,” similar to current policy with tobacco products.

The companion bills that were filed in tandem with the governor’s budget request stipulate that all revenue collected from the proposed cannabis taxes will be deposited into the state general fund.

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Florida Bill Would Let Medical Marijuana Patients Grow At Home And Crack Down On Hemp-Derived Cannabinoids

A Florida lawmaker has introduced legislation that would allow medical marijuana patients in the state to grow up to two cannabis plants at home while also outlawing certain hemp-derived cannabinoids.

SB 334, sponsored by Sen. Joe Gruters (R)—who endorsed last year’s ultimately unsuccessful ballot measure that would have legalized marijuana for adults 21 and older—would require that homegrown cannabis be cultivated out of public view, “including a view from another private property,” and in an “enclosed, locked space to prevent access by unauthorized persons and persons younger than 21.”

The two-plant limit would apply to a household regardless of how many qualified patients live in the residence. Violations would be a first degree criminal misdemeanor, punishable by up to a year in jail and a $1,000 fine.

The proposal would expand the rights of medical marijuana patients in Florida while at the same time trying to rein in the state’s largely unregulated hemp-derived cannabinoid market. Specifically, it would ban from hemp products the cannabinoids delta-8 THC, delta-10 THC, tetrahydrocannabinol acetate (THCA), tetrahydrocannabivarin (THCV), tetrahydrocannabiphorol (THCP) and hexahydrocannabinol (HHC).

Delta-9 THC, meanwhile—the chief psychoactive component in marijuana—would be capped at 2 milligrams per serving and 20 mg per package. Further, the bill clarifies that a product’s delta-9 THC content would be determined through a combination of delta-9 itself and THCA, which converts into delta-9 THC when heated.

The new bill would also impose certain additional restrictions on the sale and advertising of hemp extracts, for example banning street retail stalls, sales at festivals and businesses within 500 feet of a school, day care facility or other hemp business. Public advertisements would also be generally prohibited.

Gruters, a former chair of the Florida Republican Party, was a proponent of the backed legalization measure Amendment 3 last November, appearing in an ad alongside Sen. Shevrin Jones (D) to argue that the reform would be “good for Florida” despite strong pushback from Gov. Ron DeSantis (R).

Gruters and Kim Rivers—the CEO of Trulieve, a medical marijuana company that provided the bulk of funding for Amendment 3—also met with Trump ahead of his endorsement of the constitutional amendment, as well as federal rescheduling and industry banking access.

Notably, Amendment 3 would not have legalized home cultivation of marijuana—a detail seized on by some critics of the industry-backed proposal.

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Illinois Governor ‘Tremendously Disappointed’ By Failure Of Hemp Product Restriction Bill Amid Democratic Infighting

A bill that would have imposed regulations on new types of intoxicating substances derived from hemp stalled in the Illinois House Tuesday, dealing a political setback to Gov. JB Pritzker (D) after he strongly supported the legislation.

“I was tremendously disappointed,” Pritzker said at an unrelated news conference Tuesday, after it became clear the bill would not be called for a vote in the House. “This is a demonstration, from my perspective, of the power of special interests and the money that they spread around to thwart health and safety of the public.”

But the bill also created rifts within the House Democratic caucus. According to several sources, the hemp regulation bill was the focus of a three-hour, closed-door caucus meeting Monday that some House members described afterwards as “spirited” but others described as “raucous.”

Pritzker also called Democratic House Speaker Emanuel “Chris” Welch’s decision not to call the bill “irresponsible,” saying he believed it would have passed with a bipartisan majority had he done so. And he criticized House Democrats for the treatment of members of his staff who appeared at Monday’s caucus meeting.

But Welch’s spokesperson noted that he is a cosponsor of the bill and would continue working to pass it in the new legislative session that begins Wednesday.

“A lengthy caucus discussion found that the bill in its current form did not have enough support within the House Democratic Caucus,” the spokesperson said. “He is committed to continuing discussions so that when the bill ultimately passes, it is the best possible piece of legislation for the state of Illinois.”

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Tennessee Officials Will Pay $735,000 To Settle Lawsuit Over Seizure Of Legal Hemp Products

The state of Tennessee and the city of Spring Hill will jointly pay two businesses $735,000 to settle a lawsuit alleging state and local law enforcement wrongfully seized 231 pounds of legal hemp products earlier this year, according to a statement from an attorney representing the businesses.

The settlement follows the Spring Hill police department’s seizure of legal hemp products from Old School Vapor and SAK Wholesale in Columbia, Tennessee last May.

Days later, the businesses filed a federal suit seeking the return of products they said were valued at $1.35 million. The lawsuit named Spring Hill Police Chief Don Brit and 11 other officers and employees of the local district attorney’s office, including District Attorney Brent Cooper, whom—the lawsuit claims—articulated the position that legal hemp was “the same damn thing” as marijuana.

Hemp is distinguished from marijuana under federal and state law based on the concentration of a compound known as delta-9 THC. Hemp products with a concentration of less than .3 percent delta-9 THC are legal to sell, buy and consume in Tennessee—and federally. Cannabis with concentrations greater than .3 percent is classified as marijuana and is illegal in Tennessee.

The appearance of hemp flowers and marijuana are virtually indistinguishable, requiring laboratory testing to differentiate legal from illegal substances.

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Texas Should Ban All THC Products—Including Delta-8—In 2025, Lieutenant Governor Says

Lt. Gov. Dan Patrick (R) announced Wednesday that lawmakers in the state Senate would move to ban all forms of consumable tetrahydrocannabinol, or THC, in Texas.

Patrick, who presides over the Senate and largely controls the flow of legislation in the chamber, said the THC ban would be designated as Senate Bill 3—a low bill number that signals it is among his top priorities for the upcoming legislative session.

The Republican-controlled Legislature was widely expected to take aim at Texas’s booming hemp market, which has proliferated with thousands of cannabis dispensaries since lawmakers authorized the sale of consumable hemp in 2019.

That law, passed one year after hemp was legalized nationwide, was intended to boost Texas agriculture by permitting the commercialization of hemp containing trace amounts of non-intoxicating delta-9 THC. But Patrick contends the law has been abused by retailers using loopholes to market products with unsafe levels of THC, including to minors.

“Dangerously, retailers exploited the agriculture law to sell life-threatening, unregulated forms of THC to the public and made them easily accessible,” Patrick said in a statement announcing the measure late Wednesday. “Since 2023, thousands of stores selling hazardous THC products have popped up in communities across the state, and many sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased from a drug dealer. ”

Texas has not legalized marijuana in any form for broad use.

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Beer Lobby Wants Restrictions and Higher Taxes on Intoxicating Hemp Products

A trade group representing the American brewing industry released proposals on how Congress should regulate its competitors. Unsurprisingly, they recommend a heavy hand.

The Beer Institute is a trade organization that “represents the beer industry before Congress, state legislatures and public forums across the country…as the recognized and authoritative source of information on aspects of the industry.” Last week, it released a list of “guiding principles” calling for restrictions on intoxicating CBD products.

“The Beer Institute supports efforts underway by lawmakers to close an unintended federal loophole that is enabling the proliferation of unregulated intoxicating hemp products across the country, including those containing synthetically derived THC,” the statement said. “Intoxicating hemp and cannabis products are fundamentally different than beer and the taxation of them by government entities should reflect these stark differences just as governments at all levels in the United States have consistently reaffirmed the different tax treatment between beer, wine and hard liquor.”

While marijuana remains illegal at the federal level, Congress inserted a provision into the 2018 farm bill legalizing hemp by defining it as part of the cannabis plant containing “not more than 0.3 percent” delta-9 THC, the psychoactive ingredient in marijuana. Soon thereafter, chemists began to manufacture intoxicating products with CBD derived from hemp that contained delta-8, a milder form of THC not mentioned in the farm bill.

The industry for intoxicating hemp-derived products exploded, and state laws have struggled to catch up. “State regulations governing hemp products vary widely and are unevenly enforced, creating a patchwork of rules that can change dramatically from one state to the next,” according to a policy brief by Geoffrey Lawrence and Michelle Minton of the Reason Foundation, the nonprofit that publishes this magazine. There are currently no federal laws that specifically address these products, including their legality—they are simply assumed to be legal based on the phrasing of the farm bill, and Congress has struggled to pass an updated version for more than a year.

In its guidelines, the Beer Institute takes no position on marijuana’s legality, merely allowing that “the legalization of consumable cannabis products is for American voters, state legislatures and Congress to decide.” But if and when Congress does get around to addressing intoxicating hemp products, the group recommends it pull no punches.

“If legalized, the Beer Institute supports the establishment of a federal excise tax rate on intoxicating hemp and cannabis, with the tax rate set higher than the highest rate for any beverage alcohol product,” the guidelines stipulate. “Regulators at the federal, state, and local levels should prohibit co-location of the sale of alcohol beverages in the same retail venues as intoxicating hemp and cannabis products, if legalized, and further, to avoid consumer confusion, intoxicating hemp and cannabis products, if legalized, should only be sold in dispensaries.”

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