Tag: hemp

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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Florida Senate Panel Takes Up Bill To Restrict Hemp Products

For the third year in a row, Florida lawmakers have begun debating a proposal to regulate THC-derived hemp products, which have evolved into a multibillion-dollar industry in the Sunshine State.

In addition to banning Delta-8 products and restricting the amount of Delta-9 THC levels in hemp products to 5 milligrams per serving and 50 milligrams per package, the latest proposal from Polk County Republican Sen. Colleen Burton (SB 438) includes for the first time regulations on hemp-infused drinks, which have surged in popularity over the past year.

The proposal would restrict the amount of THC per bottle or cans to no more than 5 milligrams. It would ban those drinks being sold at any locations other than ones already licensed to sell alcoholic beverages, adding additional prohibitions and requirements.

“Liquor stores and restaurants that would like to sell these products, they have come to us and asked us to provide some regulations so that they know that the products that they are selling have gone through the rigor of the testing and will all be held to the same standards,” Burton said in introducing the bill to the Senate Agriculture Committee on Monday afternoon.

But that provision received some pushback.

“Requiring us to carry a liquor license when we’re a non-alcoholic bottle shop kind of goes against what we built,” said Caitlyn Smith, co-owner of Herban Flow in St. Petersburg, which bills itself as Florida’s first non-alcoholic bottle shop.

Her husband and co-founder, Michael Smith, said that he is five years’ sober and the last thing that he wants is for his store to be regulated as a liquor store when it isn’t one.

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Missouri Lawmakers Reject Bill To Regulate Hemp Drinks And Edibles

A second proposal backed by Missouri’s hemp industry to regulate products like hemp-THC seltzers and edibles was defeated in a House committee Thursday morning, after the hemp-beverage distributor who helped draft the bill emailed committee members that morning asking them to kill it.

The 5-7 vote in the House General Laws committee came after state Rep. Dave Hinman of O’Fallon (R), the bill sponsor, spent hours last week trying to come up with a compromise among the splintered hemp industry leaders on regulations.

The same committee voted down a bill backed by the Missouri Hemp Trade Association last week in a 1-13 vote.

After that defeat, Hinman incorporated a number of the hemp association’s requests into an amended version of his bill, which he presented Thursday. State Rep. Ben Keathley (R) of Chesterfield, the chair of the committee, applauded Hinman’s attempt to bring the hemp leaders together.

“A lot of interests are working against each other in this bill, and it’s very difficult to come up with something that everyone’s going to be happy with,” Keathley said. “I think the bill sponsor put together a good package that allows us to do the most important thing of protecting Missouri children.”

Hinman’s amended bill addressed some of the concerns committee members had about costs of testing and increased the sales tax on these products to be the same as marijuana products, 6 percent. The bill also addressed concerns by hemp companies, he said, by allowing small-scale beverage manufacturers to self distribute and increased the maximum amount of THC per container.

But the fatal flaw that bill drafter Steven Busch, owner of Krey Distributing, could not support was allowing the continued sale of THC-A flower, which looks and acts very similar to marijuana buds.

Busch said he’s had discussions with Hinman previously about his concerns that THC-A is an unstable compound of the cannabis plant that becomes intoxicating when heated. And that process can happen when it sits on the shelf too long, he told committee members in emails and text messages Thursday morning.

Hinman told the committee he spoke with several industry experts who advised him the instability could be addressed by proper packaging requirements, which the bill included.

Earlier this week, Busch had told Hinman, whom he says he still highly respects, that he was pulling his support for the bill.

“It would really jeopardize the whole industry if they keep trying to push THC-A as hemp,” Busch told The Independent in an interview Thursday. “If somebody wants a product like that, they can very easily get it at a dispensary and that’s where it should be obtained.”

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Ohio Bill Seeks To Regulate Intoxicating Hemp And Limit Sales To Marijuana Dispensaries

A pair of Ohio Republican state senators want intoxicating hemp products to be sold only at adult-use dispensaries—not convenience stores, smoke shops or gas stations.

Ohio state Sens. Steve Huffman (R-Tipp City) and Shane Wilkin (R-Hillsboro) introduced Senate Bill 86, which would also impose a 15 percent tax on intoxicating hemp products sold at dispensaries and ban the sale of intoxicating hemp products to anyone under 21.

“Currently, intoxicating hemp products are untested, unregulated psychoactive products that can be just as intoxicating, if not more intoxicating, than marijuana,” Wilkin said in his sponsor testimony to the Senate General Government Committee on Tuesday.

The 2018 U.S. Farm Bill says hemp can be grown legally if it contains less than 0.3 percent THC.

Ohio is one of about 20 states that does not have any regulations around intoxicating hemp products, according to an Ohio State University Drug Enforcement and Policy Center study from November 2024. Fifteen states ban these products. Seven states, including Michigan, regulate it like cannabis, while seven other states regulate it like consumer goods, according to the study.

“Given the lack of regulations, the intoxicating hemp industry has been able to confuse Ohio consumers and law enforcement by marketing themselves as ‘dispensaries’ with ‘recreational marijuana,’” Huffman said in his testimony.

Under the bill, intoxicating hemp products would only be sold at dispensaries if the products have been tested and comply with standards for packaging, labeling and advertising. The bill would only apply to products that can be ingested or inhaled.

“To suppress the illicit market, this bill prohibits hemp products that are not sold in dispensaries from marketing the products as marijuana, using any terms associated with the sale of the product that would cause a consumer to infer the product is marijuana or that the entity selling the product is a marijuana dispensary,” Huffman said in his testimony.

He had a bill in the last General Assembly that would have banned the sale of all intoxicating hemp products, but it wasn’t able to make it out of committee. Hemp business owners testified against the bill since it would end their livelihood, but they spoke in favor of regulations.

SB 86 would also regulate drinkable cannabinoid products.

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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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