Tag: hemp

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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Gavin Newsom Wants California To Have More Restrictive Drug Laws Than Florida

Last week, California Gov. Gavin Newsom proposed strict new rules on intoxicating substances derived from hemp. The crackdown would give the Golden State more punitive drug laws than even Florida.

Newsom, who was floated as a potential replacement for Joe Biden on the Democratic presidential ticket, announced new “emergency regulations” on Friday. Under the new rules, any “industrial hemp final form food product intended for human consumption” must contain “no detectable amount of total THC,” and “each package shall have no more than five servings.” The new regulations would also prohibit anyone under the age of 21 from purchasing any hemp-derived food products.

Newsom sold the new regulations as necessary to protect children from accessing intoxicating products. “The industry bears full responsibility for not policing itself for the proliferation of these intoxicating products that are hurting our children,” Newsom said at a press conference announcing the new regulations.

THC is the psychoactive compound that occurs naturally in cannabis. Typically, this refers to delta-9-tetrahydrocannabinol, which creates the “high” from smoking marijuana, though there are other variations as well: Delta-8-THC occurs in hemp—derived from the same plant as marijuana—and presents a similar, though milder, response compared to delta-9.

In the 2018 farm bill, Congress legalized industrial hemp by defining it as a cannabis byproduct with “not more than 0.3 percent” delta-9-THC concentration. As a result, an entire industry emerged in which companies manufactured intoxicating products containing delta-8, which could be synthesized from hemp.

But Newsom’s “emergency” rules define THC to include both delta-8 and delta-9, as well as numerous other cannabis byproducts. While federal law allows a hemp-derived substance to be up to 0.3 percent delta-9, Newsom would prefer the limit be zero percent, and he would make manufacturers “provide documentation that includes a certificate of analysis from an independent testing laboratory to confirm the amount of total THC…does not exceed the total THC per serving size limits.”

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Beer Industry Trade Group Applauds California Governor’s Crackdown On Hemp Products With THC

A major alcohol trade association is applauding California Gov. Gavin Newsom’s (D) newly proposed emergency regulations to outlaw intoxicating hemp-derived cannabinoids and require all CBD products be completely free of THC.

The head of the Beer Association, which represents American brewers, importers and industry suppliers, touted its “longstanding commitment to responsible drinking” in comments issued Monday morning and said Newsom’s proposal will close “an unintended loophole” created with the passage of the 2018 Farm Bill, which legalized hemp federally.

“The Beer Institute thanks Governor Newsom for his leadership in closing an unintended loophole that has enabled the proliferation of unregulated intoxicating hemp products,” Brian Crawford, the group’s president and CEO, said in a statement. “Intoxicating hemp products are being sold as food and beverages, despite not being deemed safe for the U.S. food supply by federal regulators, and in some cases without age restrictions.”

“The beer industry is proud of our longstanding commitment to responsible drinking,” added Crawford, “and to operating in full compliance with a multitude of state and federal regulations.”

The Beer Institute said in an email that its position “aligns with a bipartisan coalition of 21 state attorneys general” who wrote a letter in March urging Congress to amend federal law so that intoxicating cannabinoids are not included in the federal definition of hemp.

More broadly, the Beer Institute has kept its distance from marijuana. It says on a policy page that while members “strongly believe voters should determine whether their state should legalize the sale of marijuana,” the group itself remains neutral on legalization. It further argues that it’s “misleading to compare marijuana to beer.”

“Beer is distinctly different, both as a product and as an industry,” the trade association contends. “Americans welcome beer at nearly every occasion because beer’s moderate alcohol content means it can be enjoyed sensibly. Brewers and beer importers are committed to responsible consumption, advertising, community service and working with law enforcement to promote public safety.”

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Nebraska Attorney General Announces Crackdown On Illegal THC Product Sales

Saying he was stepping up Nebraska’s fight against “mislabeled” and “dangerous” delta-8 products, Attorney General Mike Hilgers (R) on Wednesday announced the start of citywide crackdowns on retailers who sell the items.

He said that while his escalated effort started in Norfolk, other cities should expect similar blanket investigations.

“We are ramping up our efforts to clean up Nebraska,” Hilgers said. “For the first time, we have sued every store in a community. The stores are misleading Nebraskans.”

Four new lawsuits

Flanked at a media event by U.S. Rep. Mike Flood (R-NE) of Norfolk, Hilgers told reporters of four new lawsuits covering five Norfolk stores. Filed Wednesday in Madison County District Court, they allege violations of the Consumer Protection Act, Uniform Deceptive Trade Practices Act and Nebraska’s Pure Food Act.

The latest suits joined legal actions filed since last year against a dozen other vape shops and businesses across the state. Some cases have been settled, with retailers agreeing not to sell prohibited hemp products that contain or have been modified with synthetic THC.

THC is the compound in the cannabis plant most commonly associated with getting a person high. Some of the THC-containing products in question were packaged and made to look like candy and snacks.

A spokesperson for two of the Norfolk stores said, however, they were unaware there was any problem with the products they buy from a wholesaler distributor.

Tiffany Colsden, general manager of NP Mart stores in Norfolk, said her team learned of the investigation Wednesday, when a reporter came knocking.

By noon, she said, the two stores had pulled the items in question off the shelves.

“All they had to do was tell us,” Colsden said. “If Nebraska doesn’t want us to sell it, we won’t. It’s that simple.”

She described NP Mart, which has two locations in Norfolk, as a convenience store that sells gas.

Lawsuits also were filed against Smokin’ Deals, Smokes R. Less and Vapor Hutt.

A person at Smokes R. Less hung up the phone when a reporter called.

Vapor Hutt officials could not be reached.

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