Tag: hemp

Alcohol Industry Groups Push Congress To Ban Intoxicating Hemp Products—At Least Until Federal Regulations Are Enacted

A coalition of major alcohol industry associations is throwing its weight behind a push to get Congress to ban intoxicating hemp products—at least on a temporary basis before the federal government creates a “robust regulatory framework” for the marketplace.

As lawmakers work to finalize appropriations legislation, they’ve felt pressure on both sides of the hemp debate, with some interests endorsing controversial proposals to outright prohibit intoxicating cannabinoids and others that have called for a comprehensive regulatory approach that could prevent significant economic fallout for the hemp industry.

A new letter from the American Distilled Spirits Alliance (ADSA), Beer Institute (BI), Distilled Spirits Council of the U.S. (DISCUS), Wine America and Wine Institute seems to promote a middle-ground solution—but one the begins with a ban on hemp THC products as championed by Sen. Mitch McConnell (R-KY) and Rep. Andy Harris (R-MD).

The letter, sent to congressional leaders on Tuesday, states that the alcohol associations are aligned with a group of 39 state and territory attorneys general who recently urged federal legislators to enact a ban on the hemp items.

“Our respective organizations produce virtually all the beer, distilled spirits, and wine available in every state and congressional district across the country, representing some of the world’s most valuable consumer brands,” the letter says.

“Unfortunately, the ambiguous language contained in the 2018 Farm Bill has been manipulated and exploited by certain actors, fueling the rapid growth of a largely unregulated market that is knowingly and willfully ignoring the [Food and Drug Administration, or FDA] position that the addition of intoxicating cannabinoids (like delta-8 THC and delta-9 THC) to food is illegal,” it says.

“The rhetoric surrounding this issue is unfortunate,” the coalition said, adding that “certain entities, including some within the beverage alcohol space, claim that any effort to rein in the sale of highly intoxicating hemp THC products is tantamount to ‘prohibition’ or a ‘ban’ that will adversely impact industrial hemp farmers or even products that contain non-intoxicating cannabidiol (CBD).”

Wine & Spirits Wholesalers of America (WSWA), a key player in the space, is among those alcohol interests that have pushed back against the proposed prohibition. WSWA also added a company that makes THC-infused drinks to its membership roster for the first time in September.

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39 Bipartisan State And Territory Attorneys General Push Congress To Ban Intoxicating Hemp Products

A bipartisan coalition of 39 state and territory attorneys general is calling on Congress to clarify the federal definition of hemp and impose regulations preventing the sale of intoxicating cannabinoid products.

In a letter sent to the Republican chairs of the House and Senate Appropriations and Agriculture Committees on Friday, members of the National Association of Attorneys General (NAAG) expressed concerns with provisions of the 2018 Farm Bill that legalized hemp, which they said has been “wrongly exploited by bad actors to sell recreational synthetic THC products across the country.”

They’re asking that lawmakers leverage the appropriations process, or the next iteration of the Farm Bill, to enact policy changes that “leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts.”

Arkansas Attorney General Tim Griffin (R), Connecticut Attorney General William Tong (D), Indiana Attorney General Todd Rokita (R) and Minnesota Attorney General Keith Ellison (D) led the letter, underscoring the bipartisan sentiment driving the call for congressional action.

“Intoxicating hemp-derived THC products have inundated communities throughout our states due to a grievously mistaken interpretation of the 2018 Farm Bill’s definition of ‘hemp’ that companies are leveraging to pursue profits at the expense of public safety and health,” they wrote. “Many of these products—created by manufacturers by manipulating hemp to produce synthetic THC—are more intoxicating and psychoactive than marijuana a Schedule I controlled substance and are often marketed to minors.”

While the debate over revising federal hemp laws has been a consistent talking point this year, with attempts in both chambers to enact a ban on products containing THC, so far such restrictions have only been implemented at the state level.

“Unless Congress acts, this gross distortion of the 2018 Farm Bill’s hemp provision will continue to fuel the rapid growth of an under-regulated industry that threatens public health and safety and undermines law enforcement nationwide,” the letter says.

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Ohio House Passes Bill To Remove Voter-Approved Marijuana Legalization Protections And Restrict Hemp Market

The Ohio House of Representatives has passed a bill that would make significant changes to the state’s voter-approved marijuana legalization law by removing several protections for consumers while also adding a series of new restrictions on hemp products that are intended to align the two sectors of the cannabis industry.

After moving through several House committees this week, with substantive amendments, the full chamber approved the legislation from Sen. Stephen Huffman (R) in a 87-8 vote on Wednesday.

While the measure previously passed the Senate in earlier form it will need to return to that chamber for concurrence, or go to a bicameral conference committee, before potentially heading to the governor’s desk.

Certain controversial provisions of the bill as passed by the Senate were scaled back by the House, but advocates are concerned that it would still make major changes to the marijuana law voters approved in 2023.

Rep. Brian Stewart (R), who has shepherded the legislation through the House, argued ahead of the floor vote that the legislation effectively reaches a “carefully crafted compromise” between lawmakers with differing perspectives on cannabis issues.

“This bill has been very difficult to wrangle, but most of our substantive bills usually are. Rather than being some kind of mushy muddle of weak sauce tie-breakers, this bill does what we all claim that we wanted to come to Columbus to do,” he said. “It tackles the issue head-on. It makes tough decisions. It respects and implements the feedback from residents and advocates across the affected industries. This bill wisely balances between Ohioans’ individual liberties, their safety, the financial wellbeing of our local communities and the need to protect the health and safety of Ohio’s children.”

Rep. Jamie Callender (R), who sponsored marijuana legalization legislation ahead of voters’ approval of the reform at the ballot, said the bill is “not perfect” but argued that lawmakers “have to act” to address intoxicating hemp and other pending issues.

“This is the revised code we’re writing,” he said. “I anticipate there will be numerous other bills on these topics in the near- and long-term future, as there should be… I’ll keep working with everyone to make it better.”

While its supporters have described it as a less heavy-handed approach compared to the original Senate bill, the measure would make substantive changes to the existing legalization law—with several provisions that advocates say directly contradict the will of voters and represent overreach on the part of lawmakers.

For example, the proposal would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing.

It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan.

Additionally, it would ban smoking cannabis at outdoor public locations such as bar patios—and it would allow landlords to prohibit vaping marijuana at rented homes. Violating that latter policy, even if it involves vaping in a person’s own backyard at a rental home, would constitute a misdemeanor offense.

Karen O’Keefe, director of states policies at the Marijuana Policy Project (MPP), said in a letter to House lawmakers on Wednesday that SB 56 as currently drafted “eliminates essential protections from the voter-enacted law and recriminalizes innocuous conduct that voters legalized.”

“Please reject this erosion of freedoms enacted by voters,” she said.

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Ohio Lawmakers Advance Bill To Scale Back Voter-Approved Marijuana Law And Impose Hemp Regulations

Ohio House lawmakers on Tuesday approved an amended Senate-passed bill that would make significant changes to the state’s voter-approved marijuana legalization law while incorporating a series of regulations for hemp that are meant to align the two sectors of the cannabis industry.

Members of the House Judiciary Committee agreed to changes to the measure from Sen. Stephen Huffman (R) before advancing it to other panels and an expected floor vote on Wednesday. But while certain controversial provisions of the bill as passed by the Senate were scaled back, it would still make major changes to the marijuana law voters approved in 2023.

The measure will now go to the Rules Committee before being re-referred to the Finance Committee, after which point it’s expected to receive floor action.

“We’ve had years of testimony. We’ve heard from marijuana advocates, hemp advocates, public health advocates and everyone in between,” Rep. Brian Stewart (R) said. “We are generally going to take the feedback from the hemp industry, which said, ‘Treat us like marijuana,” he said. “They will have the same potency limitations, the same advertising restrictions, the same restrictions on quantities, serving size and how they operate.”

Rep. Jamie Callender (R), who has led the charge on marijuana policy in the House, said ahead of the vote that the revised bill would be “very thoughtful and targeted.” But at the hearing, he added that the legislation is “not perfect” or what he would have drafted.

“It’s a bill that can get passed that will help us implement some of the elements of Issue 2 that have been held up and give clarity to the rulemakers on some of the points that are outstanding,” he said, referring to the voter-approved legalization measure. “It also clarifies and cements a few of the gains that were gained over the years: Sharing, home grow, no new prosecutions [and] the taxes going to the local governments.”

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Three In Four American Voters Want Hemp To Stay Legal, With Enhanced Regulations, Poll Finds

American voters across the political spectrum are broadly supportive of keeping consumable hemp products legal and implementing certain regulations to ensure public safety and prevent youth access, according to a new poll.

The survey from McLaughlin & Associates, which was commissioned by the Hemp Industry & Farmers of America (HIFA), comes amid increased debate in Congress and state legislatures around the country about how to navigate laws around consumable hemp products, which were federally legalized under the 2018 Farm Bill that President Donald Trump signed in his first term.

Overall, 72 percent of respondents said they want to see hemp maintain its legal status under federal law, along with “new safety and licensing regulations.” Notably, Republicans were most supportive at 77 percent, compared to Democrats (71 percent) and independents (68 percent).

The question posed to voters didn’t simply ask about keeping hemp legal, however, so it’s unclear what percentage back the status quo or are swayed by the possible addition of new regulations. It asked: “Would you support or oppose a federal law continuing to allow the sale and possession of consumable hemp-based products with new safety and licensing regulations to protect children and adult consumers, including age restrictions for adult use only, school free zones, and increased transparency like clear health and warning labels.”

Given that those are generally popular regulatory policies, it’s less surprising that such strong bipartisan majorities would voice support for a legal framework for the cannabis crop.

Asked about the specific regulatory proposals individually, 87 percent said they want child-proof packaging, 86 percent want to limit sales to adults 21 and older, 81 percent said there should be marketing restrictions to prevent appealing to youth and 71 percent said hemp products shouldn’t contain any “unnatural psychoactive substances.

The survey “illustrates big support to pass federal legislation to continue to allow the sale and possession of consumable hemp-based products with new, commonsense safety regulations,” a polling memo says.

Further, the poll found that 55 percent of respondents would be more likely to support a political candidate who voted in favor of maintaining the legal status of hemp with enhanced regulations. That includes 62 percent of Republicans, 53 percent of Democrats and 48 percent of independents.

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Ohio Judge Blocks Governor’s Hemp Product Ban From Taking Effect

Ohio stores can temporarily resume to selling intoxicating hemp products—for now.

Franklin County Court of Common Pleas Judge Carl Aveni granted a 14-day temporary restraining order on Gov. Mike DeWine’s (R) executive order banning the sale of intoxicating hemp products on October 14.

DeWine announced last week a 90-day executive order that bans the sale of intoxicating hemp products that also started on October 14. The next hearing in this case is scheduled for October 28.

Intoxicating hemp products are items that contain THC that are sold anywhere other than licensed marijuana dispensaries including gas stations, smoke shops and CBD stores, among others.

Marijuana is not considered an intoxicating hemp product and is legal in Ohio. This ban does not affect the marijuana law passed by voters in 2023.

“While we continue to fight in court, today’s developments underscore our continued desire to work with the General Assembly to pass permanent legislation regarding intoxicating hemp,” DeWine said in a statement.

Titan Logistic Group, Fumee Smoke and Vape and Invicta Partners—all members of the Ohio Healthy Alternatives Association—filed a lawsuit last week against the ban, arguing DeWine is breaking federal and state law by restricting access to these products.

“Today’s decision allows thousands of hardworking Ohio entrepreneurs to continue supporting their families and serving consumers who rely on access to safe, legal, and properly regulated hemp products,” Ohio Healthy Alternatives Association said in a statement.

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

“The Executive Order is overly broad in that it applies to all hemp and hemp products including those that are legal under the 2018 Farm Bill and Ohio’s current laws,” the lawsuit says.

“It is also vague because there is no definition of ‘intoxicating hemp’ in the Ohio Revised Code or Ohio Administrative Code.”

DeWine—who has been calling on lawmakers to regulate or ban delta-8 THC products since January 2024—spent much of last week’s press conference where he announced the ban talking about the need to protect children from these products.

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As Ohio’s Intoxicating Hemp Product Ban Takes Effect, Business Owners Brace For Impact

Ohioans who sell intoxicating hemp products are worried what the 90-day ban that goes into effect on Tuesday will mean for their businesses and customers.

Ohio Gov. Mike DeWine (R) recently announced a 90-day executive order that bans the sale of intoxicating hemp products that starts October 14.

Intoxicating hemp products are items that contain THC that are sold anywhere other than licensed marijuana dispensaries including gas stations, smoke shops and CBD stores, among others.

Todd Hicks opened his new CBD store in Columbus days before DeWine announced the ban.

“It’s been heartbreaking,” he said. “Honestly, it’s been totally heartbreaking. I don’t know which direction to go.”

Hicks said he will likely have to close his new shop and let go of his three employees.

“I can’t afford them,” he said. “Well, there’s nothing for them to do, right? They can’t sell the product. There’s no one going to be answering the door or coming to the door to actually buy the product. So I don’t need them.”

Children getting ahold of intoxicating hemp products is a parental issue, Hicks said.

“They’re digging it out of their parents’ purse or something like that,” he said. “It’s not a sale issue.”

Mark Fashian, president of hemp product wholesaler Midwest Analytical Solutions in Delaware, Ohio, said the ban will put him out of business. He works with more than 500 stores around Ohio that sell intoxicating hemp products.

“We typically will sell to smoke shops or gas stations or convenience stores or drive-thrus, and every one of those have a mechanism for carding anyone,” Fashian said. “There is definitely carding happening all over the place.”

He said those shops are worried about how the ban will impact them.

“They’re just worried,” Fashian said. “They don’t know what to do. They don’t know what to do with their products.”

Jim Higdon, co-founder of Cornbread Hemp in Kentucky, which sells its products in more than 300 Ohio retail stores, said the intoxicating hemp ban has caused lots of confusion.

“Our retailer and distributor partners are very unhappy,” he said. “It’s really frustrating to watch the Republican Party be an anti-business party… To see the governor and members of the legislature be anti-business on this front is very concerning when other states have been able to figure this out.”

Kim Bryant, a salesperson at Your CBD Store Marion, said the average age of their customer is 50 years old.

“They want gummies for pain and gummies for sleep,” she said. “People want that instead of opioids or prescription drugs… The older people, they have no desire to go to a medical marijuana or recreational marijuana facility.”

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Ohio Governor Issues Order Banning Intoxicating Hemp Product Sales For 90 Days

Ohio Gov. Mike DeWine (R) has issued a 90-day executive order banning the sale of intoxicating hemp products starting this coming Tuesday.

Intoxicating hemp products are items that contain THC that are sold anywhere other than licensed marijuana dispensaries including gas stations, smoke shops and CBD stores, among others. This ban includes THC-infused beverages.

“I am taking action today…to get these products off the streets and to have them taken off our shelves,” DeWine said Wednesday during a press conference. “Intoxicating hemp is dangerous, and we need to better protect our children… We believe this is the right thing to do.”

The 90-day executive order ends on January 12, 2026, and then it will be up to the lawmakers to decide if they want to see further action taken on intoxicating hemp.

“I’m not going to tell them what to do, but we have to have some control of this product,” DeWine said. “We can’t have a situation where it is legal for people to sell this to underage kids.”

Those shops who violate the executive order could be subject to a $500 fine for each day intoxicating hemp products remain on their shelves.

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

“After these laws were passed, chemists began manipulating compounds in the legal, non-intoxicated hemp plant, turning these compounds into intoxicating THC, including Delta-8 and Delta-9, which are found in marijuana,” DeWine said. “It’s a totally different product.”

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Tennessee Alcohol Wholesalers Are Grabbing Control of the State’s Hemp Market

Few things are more difficult to eradicate in our system of modern governance than a government-sanctioned monopoly or oligopoly. A recently passed bill in Tennessee, which will allow the state’s alcohol wholesalers to take over hemp distribution in the state, shows that these monopolies are not only difficult to eliminate but also often attempt to expand their reach.    

The new law sets up a distribution system for hemp—which was legalized at the federal level in the 2018 Farm Bill—that mirrors the notorious three-tier system for alcohol distribution, which requires producers, wholesalers, and retailers to be legally separate entities. The three-tier system restricts producers and suppliers from selling directly to their customers and mandates that they work through a wholesaler to reach the market. This allows wholesalers to operate as functional monopolies or oligopolies in certain parts of states where only one or two wholesalers operate.

The law, which takes effect on January 1, 2026, also requires all wholesalers and retailers of hemp products to maintain a physical presence within the state. Out-of-state hemp suppliers will be prohibited from engaging in direct-to-consumer shipping to customers in Tennessee, and instead will be forced to work through the state’s wholesaler and retailer tiers. While in-state Tennessee hemp suppliers cannot ship their products to Tennesseans either, they are able to sell on-site directly to their customers, providing a workaround to avoid the three-tier system.

Cornbread Hemp, a Kentucky hemp supplier that recorded $1 million in Tennessee-based sales last year, is challenging the new law in federal court. Cornbread Hemp argues that Tennessee’s law unconstitutionally discriminates against out-of-state competitors in favor of in-state businesses, which is a violation of the Constitution’s Dormant Commerce Clause.

Supreme Court observers will recognize how closely the case mirrors Tennessee Wine and Spirits Retailers Association v. Thomas (2019). In the case, the majority struck down Tennessee’s requirement that applicants for alcohol wholesaling or retailing licenses must have resided in the state for over two years, finding it to be unconstitutional discrimination against out-of-state economic interests.

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New Ohio Senate Bill Would Ban Sale Of Intoxicating Hemp Products To People Under 21

Ohio state Sen. Bill DeMora (D) recently introduced a bill that would ban the sale of intoxicating hemp products to people under 21. Unlike some others that have been introduced, this bill would focus solely on hemp and not on changing voter-passed marijuana law.

Ohio Senate Bill 266 would also ban the sale of intoxicating hemp products that have not been tested under the same rules as marijuana and would prevent selling intoxicating hemp products that are “considered attractive to children,” according to the bill’s language.

This bill would prohibit selling an intoxicating hemp product “that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings,” according to the bill’s language.

“I put this bill in to get rid of the stuff that everybody agrees is bad,” Columbus Democratic state Sen. DeMora said. “Everybody agrees [intoxicating hemp products are] targeted to children to look like Skittles and Oreo cookies and that it’s unregulated… We need to act because this stuff is poisoning kids [and] making kids sick.”

Ohio Gov. Mike DeWine (R) has previously asked lawmakers to regulate or ban delta-8 THC products.

“It’s a huge problem,” DeWine said talking to reporters on Monday. “There’s really no regulation at all. We need regulation. We need the legislature to take action on this. We’re also looking, frankly, at some things that I might be able to do without legislative action.”

DeMora thinks marijuana and hemp products should be dealt with separately.

“Hopefully this bill will, if nothing else, we can all agree on one thing—to get the bad stuff out of the hands of kids and stop the marketing toward kids,” he said.

The 2018 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.

This is one of a handful of bills in the Ohio legislature that are trying to regulate intoxicating hemp products.

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