Tag: hemp

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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Ohio Would Ban Intoxicating Hemp Product Sales Under GOP Senator’s New Bill

State Sen. Steve Huffman, R-Tipp City, introduced a bill that would ban the sale of intoxicating hemp products in Ohio.

The Republican lawmaker introduced Senate Bill 326 on Thursday. State lawmakers are set to return to the Ohio Statehouse next week for the start of lame duck.

S.B. 326 defines intoxicating hemp products as containing more than 0.5 of a milligram of delta-9 THC per serving, two milligrams of delta-9 THC per package, or 0.5 of a milligram of total non-delta-9 THC per package, according to the bill’s language.

“This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety,” the bill said. “The reason for such necessity is to protect Ohioans, especially Ohio’s youth, from untested, unregulated dangerous tetrahydrocannabinol (THC) products. Therefore, this act shall go into immediate effect.”

Marijuana, which is legal in Ohio, is not included as an intoxicating hemp product, according to the bill’s language. Ohio recreational marijuana sales recently topped $143.4 million since sales started three months ago, according to the the Ohio Department of Commerce Division of Cannabis Control.

The 2018 Farm Bill says hemp can be grown legally if it contains less than 0.3 percent THC. Intoxicating hemp products can come in many forms including edibles, beverages, vaping cartridges or oils, among other things.

Delta-9 THC is the main naturally occurring intoxicating part of the cannabis plant and people typically experience a high after consuming or smoking delta-9 THC beyond a certain threshold.

Under S.B. 326, the Ohio Investigative Unit would enforce this piece of legislation if it were to become law, with the assistance of the Ohio Department of Public Safety.

The Ohio Department of Commerce Director (who is currently Sheryl Maxfield) could impose an administrative penalty against someone who sells intoxicating hemp products—$10,000 for a first violation, $25,000 for a second violation and $50,000 for a third violation.

Violating the proposed law would be a first degree misdemeanor on a first offense and a fifth degree felony for a second offense, according to the bill’s language. It would be a fifth degree felony if someone sold intoxicating hemp to someone under 21.

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Dallas Voters Nix an All-Purpose Excuse for Police Harassment: ‘I Smelled Marijuana’

The U.S. Supreme Court recently agreed to hear a case involving a Texas police officer, Roberto Felix Jr., who shot and killed a motorist, Ashtian Barnes, after stopping him for toll violations tied to the rental car he was driving. The issue in Barnes v. Felix is whether that use of deadly force, which happened after Felix leaped onto the car as Barnes began driving away, should be assessed based solely on “the moment of the threat” or based on an analysis that includes the circumstances that produced the threat. But another detail of the encounter reflects the role that the purported odor of marijuana plays in police stops that may lead to humiliating searches, cash seizures, arrests, or, as in this case, potentially lethal violence.

When Felix asked Barnes for his driver’s license and proof of insurance, a federal judge noted in 2021, “Barnes informed him that he did not have his license and that he had rented the vehicle a week earlier in his girlfriend’s name.” Barnes started “reaching around the vehicle and rummaging through papers.” Felix told him to stop “digging around” and “asked Barnes whether he had anything in the vehicle he should know about, claiming he smelled marijuana.” Although a search conducted after Felix killed Barnes found no marijuana, the alleged odor helped escalate the encounter, indicating that Felix suspected Barnes of criminal activity as well as toll violations.

A ballot initiative that Dallas voters overwhelmingly approved this week aims to avoid such escalation. In addition to generally barring local police from arresting people for marijuana possession misdemeanors, Proposition R says “Dallas police shall not consider the odor of marijuana or hemp to constitute probable cause for any search or seizure.” That seemingly modest restriction undercuts an excuse that in practice gives cops the discretion to stop, harass, and search pretty much anyone by claiming to smell pot.

Proposition R reflects an ongoing controversy over marijuana odor and probable cause. In states that have legalized marijuana for medical or recreational use, some courts have held that the smell of cannabis, whether detected by a human or a police dog, can no longer justify a search, since it does not necessarily constitute evidence of a crime. And while Texas has not legalized marijuana for any use, it has legalized hemp, which comes from the same plant species and cannot be distinguished from marijuana without a laboratory test to measure THC content.

In 2019, Texas Gov. Greg Abbott signed House Bill 1325, which changed the state’s definition of “marihuana” to exclude “hemp, as that term is defined by Section 121.001” of the Texas Agriculture Code. Consistent with federal law, Section 121.001 defines “hemp” as “the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

The difference between legal “hemp” and prohibited “marihuana,” in other words, is the THC concentration, which cannot be measured by smell or even by a field test. “Before H.B. 1325,” Dallas attorney Jon McCurley notes, “marijuana’s distinct and readily recognizable odor often [led] law enforcement to believe that a criminal act was occurring.” But after H.B. 1325, “simply detecting the odor of marijuana may not be enough to justify a search or seizure under the Fourth Amendment because in order to search or get a warrant, law enforcement officials must have probable cause that a crime has been committed or is about to be committed.”

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Legalizing Natural Marijuana Is The Pathway To Protect Public Health, Not Pretending Synthetic THC Products Are Hemp

In a recent op-ed by the Reason Foundation titled “Banning Hemp Products Isn’t The Way to Protect Public Health,” the author correctly makes the case that bans are often ineffective and can push consumers toward more dangerous, unregulated markets. However, the Reason Foundation overlooks a crucial distinction in this case: that most “hemp products” referred to in the piece are in fact synthetic THC products, and they are sold as substitutes for natural—but federally illegal—marijuana.

The change in federal law has led to an explosion of unregulated intoxicating products in the marketplace that masquerade as “hemp” products.

Synthetically converted THC such as delta-8, HHC, THC-O, THC-P etc. are lab-created and do not exist naturally in large enough quantities for mass production. Yet, these molecules are being commercialized at scale in labs and sold outside the purview of regulation as “hemp.”

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Army Updates Drug Policy To Explicitly Ban Delta-8 THC Hemp Products And Warn Soldiers Against Eating Poppyseed Bagels

The U.S. Army has updated its drug policy to clarify that soldiers are prohibited from using intoxicating hemp cannabinoid products like delta-8 THC. It is further cautioning servicemembers against eating foods containing poppyseeds, which can produce false positives when testing for opioids.

The update to the Army’s substance misuse guidance took effect on October 4. And with respect to the delta-8 THC components, it represents one of the latest examples of how government and private institutions are attempting to navigate the legal grey area that’s emerged since hemp and its derivatives were legalized under the 2018 Farm Bill.

The military branch’s prior policy enacted in 2020 made clear that the “use of products made or derived from hemp,” even if it’s legal for civilians, is prohibited for soldiers. But that guidance came before delta-8 and other intoxicating cannabinoids became a mainstream feature of the largely unregulated cannabis market.

Instead, the Army at the time focused on non-intoxicating CBD, which servicemembers are also barred from using. It remains the rule that prohibited cannabis products include those that are “injected, inhaled, or otherwise introduced into the human body; food products; transdermal patches, topical lotions and oils; soaps and shampoos; and other cosmetic products that are applied directly to the skin.”

“This provision is punitive, and violations may be subject to punishment,” it says.

Congress and state legislatures have been paying closer attention to the intoxicating cannabinoid market in recent years, with various proposals to regulate or outright ban such products. The language of the earlier Army guidance would seem to apply to delta-8, even if it’s not explicitly mentioned, but now the branch is putting the policy more clearly into writing.

The new regulations, first reported by Task & Purpose, specify that soldiers are banned from using controlled substance analogues, which include “synthetic cannabis and other tetrahydrocannabinol (THC) substitutes that have no known application other than mimicking the effects of THC in the human body.”

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California Governor Unveils Emergency Ban On Hemp Products With THC

California Gov. Gavin Newsom last week proposed an emergency ban on intoxicating hemp products, saying the new regulations are needed to protect the safety of children. The governor issued the proposed emergency regulations, which prohibit sales of consumable hemp products that contain intoxicating cannabinoids including THC after they were drafted by the California Department of Public Health (CDPH).

“We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores,” Newsom said in a September 6 statement. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”

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Hemp And CBD Groups Threaten To Sue California Over Governor’s New Rules Restricting Cannabinoid Products

California Gov. Gavin Newsom’s (D) plan to crack down on hemp-derived cannabinoids in the state is rankling some in hemp industry, who now say they’re exploring lawsuits to challenge the governor’s proposed emergency rules unveiled last week.

On Friday, the advocacy group One Hemp said it’s considering a court challenge “with the intent to hold Newsom accountable to the normal democratic process.”

The organization, which has ties to the hemp CBD industry, notes the governor’s proposal was never approved by the state legislature and would severely restrict access to hemp products already legal under federal law.

“These are products that the disabled, chronically ill and veteran communities cannot live without to help support seizures, pain and mobility management, sleep and more,” One Hemp said in a press release about the possible lawsuit.

Jared Stanley, a founding member of One Hemp and a co-founder of the CBD company Charlotte’s Web, said Newsom’s plan to target hemp-derived cannabinoids is overbroad and would severely harm families who rely on CBD products.

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Missouri Regulators Launch ‘Raids’ Of Nearly 50 Stores, Looking For Intoxicating Hemp Edibles

State health regulators walked into the busy Prime Fuel gas station in Sedalia on Tuesday morning and asked the clerk if there were any intoxicating hemp-derived THC edibles in the store—products the governor banned as of September 1.

The two employees of the Missouri Department of Health and Senior Services (DHSS) learned the store had already taken the products off the shelves, according to the regulators’ report on the visit, and they were being stored in a box in the office.

The report says regulators called the owner and he voluntarily agreed to destroy the products.

But that’s not how the owner describes the incident, said Craig Katz, spokesman for the Missouri Hemp Trade Association.

“He seemed to be forced into it,” Katz said.

Katz said the owner had boxed up the products so he could return them to the wholesaler for a refund, and he explained this to the regulators. Instead, they told him his manager had to pour bleach over about $5,000 worth of product, Katz said, a process that took two hours.

On Wednesday, the Missouri Hemp Trade Association’s attorney Chuck Hatfield sent a letter to the department’s general counsel saying the regulators deprived the owner of his right to tell his side of the story to a judge.

“The law is extremely clear that DHSS is not authorized to destroy product, or to demand that others do so, without a court order,” Hatfield wrote.

State regulators had visited 44 establishments as of 4 p.m. Thursday to inspect for the banned products, said Lisa Cox, spokesperson for the department.

Of the 44 facilities, regulators found “unregulated psychoactive cannabis products” during inspections at 23 of them, Cox said.

“Four facilities have refused to embargo or discard products,” she said. “The remaining facilities agreed to embargo and/or discard products. At this time, we have taken no court action.”

Cox declined comment on Hatfield’s letter.

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