Tag: hemp

Missouri AG Sends Cease And Desist Letters To 18 Hemp Companies, Warning More Are On The Way

Missouri Attorney General Andrew Bailey (R) has sent several cease-and-desist letters to companies selling a hemp product called THCA flower that looks exactly like marijuana flower sold at dispensaries.

Bailey’s letters threaten legal action, including injunctions, civil penalties and attorney’s fees if the companies continue to sell the products.

“When purchasing products, Missourians deserve to know if they are being exposed to dangerous side effects like psychotic episodes, hallucinations or other life-threatening risks,” said Attorney General Bailey in a statement to The Independent. “We have issued 18 cease and desist letters so far, and more are forthcoming.”

Cannabis lobbyist Eapen Thampy said about a dozen smoke shops in St. Louis received the letters, and in some cases, THCA flower makes up 60 percent to 80 percent of the companies’ inventories.

Thampy said he’s working with the companies to put together a response to the letters and preparing for potential litigation.

The action is the first major move since Bailey created a new specialized unit last fall, with the aim to assist the state’s alcohol and tobacco regulators in cracking down on intoxicating hemp products.

In September, Bailey vowed his new unit would work with the Missouri Alcohol and Tobacco Control (ATC) Division to bring legal action against licensees selling unregulated psychoactive cannabis products that violate the Missouri Merchandising Practices Act.

“The ATC will assist by making its investigators available as witnesses for legal proceedings resulting from actionable referrals,” Bailey said in September. “Our enforcement toolkit will be robust from cease-and-desist letters and investigations to subpoenas and lawsuits to referrals for criminal prosecution where appropriate.”

The letters that went out last month state that the companies are “directed to cease and desist from selling” hemp products that contain more than 0.3 percent THCA on a dry weight basis. THCA is a naturally abundant cannabinoid that transforms into Delta-9 THC when smoked or heated.

However, this is not what an official cease and desist order looks like, said Jefferson City-based attorney Chuck Hatfield.

“It is an informal cease and desist,” Hatfield said. “It is not a letter that has the force and effect of law. It’s more in the nature of a request to stop.”

Under state law, if Bailey wanted to issue an official cease and desist order—as he did for Planned Parenthood in March—Hatfield said Bailey would have to issue a notice of intent first. The company would have the right to appeal through an administrative hearing, as well as challenge the order in court.

“But he hasn’t done any of that,” Hatfield said.

Bailey could also file a lawsuit under Missouri Merchandising Practices Act, and that doesn’t require a cease and desist order, he said.

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Rhode Island Bills To Restrict Hemp THC Drinks Ignore Science And Current Regulations

As co-founder of Rhode Island’s only U.S. Department of Agriculture (USDA) organic hemp farm, and the largest outdoor cannabis farm in the state, I’ve spent the last eight years helping build the hemp industry from the ground up.

At Lovewell Farms, we’ve operated under one of the strictest regulatory frameworks in the country, subject to licensing, batch testing, tetrahydrocannabinol (THC) limits, secure packaging requirements and product traceability. Yet two recently proposed bills, H6056 and H6270, would cut licensed hemp farms like ours out of the very market we helped establish.

These bills, introduced by Democratic Reps. Jacquelyn Baginski of Cranston and Scott Slater of Providence, aim to regulate the sale of hemp-derived beverages containing delta-9 THC, the compound most commonly associated with cannabis intoxication.

Slater’s bill would specifically eliminate the sale of such beverages and drink mix powders in Rhode Island, unless these products are specifically included in the state’s cannabis laws. The bills misrepresent both the science behind these products and the legal infrastructure already in place.

During a recent House hearing, Rep. Baginski stated, “I was surprised to learn that hemp-based THC products are also available in the marketplace and largely sold unregulated…at any establishment with a retail sales permit. That could be a convenience store, a hair salon, a gas station, anywhere.”

Respectfully, this is inaccurate. In Rhode Island, consumable hemp products must be produced by licensed handlers and tested by certified labs. They are subject to strict limits on THC content, comprehensive labeling standards, and age restrictions. If some products are being sold outside these rules, that’s a failure of enforcement, not evidence of an unregulated system.

Rep. Slater’s testimony in support of his bill, which would effectively ban all hemp-derived THC beverages unless sold through a dispensary, also included misleading claims. He asserted that “the hemp-derived THC products are now being sold outside the regulated cannabis system with minimal oversight, including limited testing, weak labeling, no seed-to-sale tracking as well as avoidance of cannabis taxes.”

This characterization erases the work of licensed hemp producers who follow every requirement the state imposes, many of whom, like us, already distribute specific products through dispensaries and operate with full compliance under existing cannabis laws.

Slater went on to say that allowing hemp beverages undermines Rhode Island’s cannabis cultivators, whom he described as his constituents. “I really find it unfair that as soon as this market has started that we’re trying to undermine them…and allowing folks that found kind of a loophole with this synthetically altered hemp in drinks…without going through the same framework that everyone else has.”

But our farm has always followed the framework. There is no loophole for us, just increasing restrictions on products we’ve made legally, safely and transparently for years.

Both bills ignore a crucial scientific fact: Not all hemp products are intoxicating.

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Key GOP Congressmen, Including Pro-Marijuana Legalization Member, Defend Effort to Ban Consumable Hemp Products

Key GOP congressional lawmakers—including one member who supports marijuana legalization—don’t seem especially concerned about provisions in a new spending bill that would put much of the hemp industry in jeopardy by banning most consumable products derived from the plant.

In interviews with Marijuana Moment, Congressional Cannabis Caucus co-chair Rep. Dave Joyce (R-OH) and House Agriculture Committee Chairman Glen Thompson (R-PA), as well as Rep. Lou Correa (D-CA), weighed in on the hemp language in the large-scale bill that cleared the the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies on Thursday.

Under the measure, hemp would be redefined under federal statute in a way that would prohibit cannabis products containing any “quantifiable” amount of THC or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals” as THC.

While Joyce backs legalizing and regulating cannabis for adult use, he said the language from the 2018 Farm Bill that federally legalized hemp and its derivatives “has been the stepping stone for the gas station delivery of intoxicants, whether that’s hemp or chemically manufactured [products] or whatever other shit it is that they sell at gas stations.”

“And there’s no age limit on it. So you’re handcuffing the regular cannabis industry that has strict standards that they have to meet everywhere, and yet this industry has flourished,” he said, adding that problems with the current law have been “exacerbated by people because there are some allegations that [intoxicating hemp products are] cannabis. It’s not hemp anymore.”

The congressman also seemed to endorse a push in Ohio to make it so intoxicating hemp products could only be sold to adults at licensed marijuana dispensaries. He said he told Gov. Mike DeWine (R) that, regardless of his views on the issue, the problem is the “gas station stuff that the kids are getting that all these people are up in arms about.”

That said, Joyce said while he does feel the 2018 Farm Bill’s hemp provisions included a “loophole” that’s been exploited, he hasn’t read the text of the latest legislation yet.

“I’m all for regulating the industry… It has to be regulated so that only adults are getting it,” he said.

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GOP Congressional Committee Proposes Ban On Hemp Products With THC That Advocates Say Would Have ‘Devastating’ Impact On Industry

A GOP-led House committee has unveiled a spending bill that contains provisions that hemp stakeholders say would devastate the industry, prohibiting most consumable cannabinoid products that were federally legalized during the first Trump administration.

The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies published the text of the legislation covering fiscal year 2026 just one day ahead of a scheduled Thursday markup.

The 138-page bill covers a wide range of issues, but for the hemp industry, there’s a section of particular concern that would redefine hemp under federal statute in a way that would prohibit cannabis products containing any “quantifiable” amount of THC or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals” as THC.

That would effectively eliminate the most commonly marketed hemp products within the industry, as even non-intoxicating CBD items that are sold across the country typically contain trace amounts of THC. Under current law, those products are allowed if they contain no more than 0.3 percent THC by dry weight.

But the proposed policy being taken up by the subcommittee helmed by anti-marijuana Rep. Andy Harris (R-MD) would drastically change that. It would instead maintain the legal status of “industrial hemp” under a revised definition that allows for the cultivation and sale of hemp grown for fiber, whole grain, oil, cake, nut, hull, microgreens or “other edible hemp leaf products intended for human consumption.”

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Texas Hemp Advocates Deliver 100,000+ Petitions To Governor’s Office, Urging Him To Veto THC Ban Bill

Texas hemp advocates and stakeholders are rallying in opposition to a bill the legislature passed to outlaw all consumable hemp-derived cannabinoid products containing any detectable THC—delivering more than 100,000 petition signatures asking Gov. Greg Abbott (R) to veto the measure.

“Senate Bill 3 was designed to destroy a vibrant and legitimate industry,” Cynthia Cabrera, president of Texas Hemp Business Council, which represents the state’s roughly $8 billion hemp industry, said in a press release. “The bill now awaits review by Governor Abbott. We respectfully urge him to consider the facts, listen to our appeal and make the logical decision to veto SB 3.”

At a press conference on Monday, Cabrera said she wanted to “address the misinformation, misdirection and maligning of this industry” by the bill sponsor, Sen. Charles Perry (D), and Lt. Gov. Dan Patrick (R), who serves as presiding officer of the Senate and strongly advocated for the legislation.

“SB 3 violates the very principles Texas prides itself on: small government, individual freedom and free enterprise,” she said. “Governor Abbott, we ask that you keep your promise to small businesses, to women entrepreneurs and to every Texan who values freedom.”

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Federal Judge Rules Alaska Didn’t Violate Constitution When Restricting Intoxicating Hemp Products

A federal magistrate judge has ruled that the state of Alaska did not violate the U.S. Constitution when it acted to limit intoxicating hemp products in 2023.

In an order published May 23, Magistrate Judge Kyle Reardon granted summary judgment in favor of the state and against the Alaska Industrial Hemp Association, which sued two years ago in an attempt to overturn regulations imposed by the Alaska Department of Natural Resources.

The court order means intoxicating hemp products, common in many other states, will remain illegal in Alaska unless sold through a licensed marijuana retailer.

“It was rewarding to be part of the process developing the regulations, and I was happy when we successfully defended against the motion for a preliminary injunction in 2023,” said Assistant Attorney General Kevin Higgins, by email. Higgins represented the state in the case.

“I’m not patting myself on the back too hard though,” he said. “The Division of Agriculture was motivated by public safety concerns when it took measured action to regulate an emerging industry. This was an easy case to make, which is probably why the plaintiffs didn’t file an opposition to the motion for summary judgment.”

An attorney representing the plaintiff did not answer a request for comment on Wednesday.

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Texas Military Veterans Call On Governor To Veto Proposed Hemp THC Ban That Critics Say Would Harm Patients And Consumers

Veterans advocates in Texas are calling on Gov. Greg Abbott (R) to veto legislation that would outlaw all hemp-derived cannabinoid products containing any detectable THC, saying loss of access to the products would harm veterans, seniors, medical patients and everyday consumers.

“Banning legal hemp would cause irreversible harm to communities across the state,” the organization Texas Veterans of Foreign Wars said on social media on Wednesday, drawing attention to a petition urging Abbott to reject the measure that was sent to him early this week. “Stand up for your rights and livelihoods.”

The petition itself is from the Texas Hemp Business Council, a trade group representing the state’s roughly $8 billion hemp industry, which critics of the bill say would be decimated if the measure becomes law. Texas’s hemp industry employs 53,000 people, the group said.

“We, the undersigned citizens of Texas, call on Governor Abbott to reject SB 3 and any proposals banning products containing legal hemp,” the petition says. “Hemp is not a threat but a resource that helps countless Texans lead healthier, more fulfilling lives.”

“SB 3 would deprive Texans of natural alternatives for treating chronic pain, anxiety, and sleep disorders throughout the state,” it adds. “A hemp ban also threatens small businesses and farmers in Texas who depend on hemp production for their livelihoods.”

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Nebraska Lawmakers Move Forward With Plan To Outlaw Most Consumable Hemp And THC Products

A legislative proposal that would ban most consumable hemp and other THC products in Nebraska advanced Tuesday without amendments as opponents blocked changes.

Throughout a four-hour debate on Legislative Bill 316, from state Sen. Kathleen Kauth (R) of the Millard area, only a handful of senators spoke. That’s because of pointed opposition from state Sen. John Cavanaugh (D) of Omaha, who filed nearly 30 motions or amendments throughout the bill’s life, largely to push senators toward considering regulations instead of a ban.

LB 316 advanced 32–15 with 32 of the 33 Republicans voting for it and all 15 Democrats voting against. The Legislature’s one nonpartisan progressive was not in attendance.

State Sen. Dan McKeon (R) of Amherst, who was “present, not voting” on advancing the bill, said he did so to wait for possible future changes. He said he recently toured a consumable hemp shop in his district and has concerns about whether the bill could freeze those operations.

LB 316 would prohibit raw hemp above 0.3 percent tetrahydrocannabinol (THC) of any concentration and for processed hemp the lesser of 0.3 percent THC on a total weight basis or 10 milligrams per package, effective January 1. The mature stalks of Cannabis sativa and its fiber, oil, cake and any other naturally derived products would not be considered hemp, leaving a narrow legal path for some products such as fibers and textiles.

If the bill passed, it would include a “consumer safe harbor period” through the end of 2025 to give consumers time to discard any “illegal hemp” as newly defined under LB 316. Legal products would face an additional 10 percent wholesale tax at the time of purchase.

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USDA Trade Committee That Promotes Hemp Internationally To Be Closed Under Trump Executive Order

The Trump administration is moving to terminate trade advisory committees under the U.S. Department of Agriculture (USDA), including one that had been expanded to include hemp industry representatives to promote the crop internationally.

In a notice published in the Federal Register on Monday, USDA advised that it will be going forward with the termination of the committees in compliance with an executive order President Donald Trump signed in February that’s meant to reduce the size of the federal government across multiple agencies. The plan has been paused, however, as USDA is now asking the White House to advise on how to most efficiently facilitate the terminations.

This means the Agricultural Technical Advisory Committee (ATAC) for Trade in Tobacco, Cotton, Peanuts, and Hemp—among six other committees focused on different crops—will be shuttered. 

“It’s certainly a concern,” Jonathan Miller, general counsel at the U.S. Hemp Roundtable, told Marijuana Moment on Wednesday. “You know, the irony has been, for the past decade, we’ve wanted to be treated like every other commodity—and we got that when it comes to this commission. Now, with this broad focus we’re potentially being penalized.”

However, he said that in light of certain policy reversal amid the Trump administration’s efforts to cut spending, he remains “hopeful” that after a review, there will be “a real focus going forward on what’s meaningful and what’s not. And we think this is a meaningful program.”

The ATAC didn’t always have hemp in its title, nor representatives of the industry. But following the federal legalization of low-THC forms of the cannabis crop under the 2018 Farm Bill that Trump signed into law during his first term, USDA got to work incorporating hemp into its various policies and programs, which included its elevation within the ATAC in order to encourage international trade deals.

USDA and the U.S. Trade Representative (USTR) have been gradually building up hemp industry representation within the ATAC. The first members were appointed in 2020, and the most recent joined this January, shortly before Trump took office for the second time. The name of the ATAC was changed to explicitly include hemp in 2023.

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Texas Democrats Slam GOP Lieutenant Governor For Championing Hemp Product Ban That Has Now Passed The House

Lawmakers in the Texas House of Representatives have passed a measure to establish a statewide ban on consumable hemp products that contain any detectable amount of THC.

The House approved the bill, SB 3, on third reading vote of 87–54 on Thursday.

Under the latest version of the proposal, championed by Lt. Gov. Dan Patrick (R), who presides over the Senate, adults could face a $500 fine for possessing a hemp product containing any THC—a penalty that would climb to up to 180 days in jail for subsequent offenses.

Earlier this week, Patrick wrote on social media that “we cannot in good conscience leave Austin without banning THC.”

“I’ve been here for 17 years at the Texas Capitol—10 years as your lieutenant governor,” he said in a video Monday evening. “I’ve never been more passionate about anything.”

Democrats have attacked the bill as an assault on personal liberty and gone after Patrick for his zeal around the ban.

“Dan Patrick is coming for your THC,” the party posted on social media. “Why doesn’t he bring this kind of energy to fully funding our public schools and raising teacher pay?”

“In the so-called ‘freedom state’,” it added, “adults should have the right to use cannabinoid products. We allow alcohol and tobacco—why not a gummy or oil to relax and ease pain?”

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