The landscape of hemp regulation in the United States is rapidly evolving, with recent state actions showing a trend toward more stringent regulation. These actions have primarily cited keeping intoxicating products out of the hands of children as a regulatory goal, and many have aligned the regulation of intoxicating hemp products to more closely resemble the state’s marijuana policies. Here’s an overview of the recent developments.
Key Trends in State Regulations:
Stricter Regulations on Intoxicating Products: Many states are imposing tighter controls on “intoxicating” hemp products, although the term “intoxicating” varies from state to state. Some of these measures mirror regulations governing marijuana.
Age Restrictions: Several states have enacted regulations restricting the sale of intoxicating hemp products to individuals aged 21 and over.
Broad Prohibitions: Several states, for example, Wyoming and Louisiana, have enacted strict bans on certain hemp products.
Updates for Recent State Actions:
Ohio
Status: introduced in House.
Would require the Department of Agriculture to consult with the state’s Department of Safety and issue recommendations for synthetically produced hemp products.
Definition of hemp “captures all possible forms of hemp and hemp products that can be used for intoxicating purposes” and includes maximum THC levels for those products.
Status: referred to committee.
Restricts sales of adult-use hemp products to consumers 21 and over
Requires customers to present IDs
Requires retailers to keep the products behind the counter
Online sales of adult-use hemp products would not be allowed under this bill.
Would set a 0.3% total THC limit for hemp and hemp products.
New Jersey
Status: passed both houses, signed by the governor.
Caps the total of all forms of THC in consumable hemp products at 0.3%.
Businesses that sell intoxicating hemp products would require marijuana licenses.
Restricts sales of adult-use hemp products to consumers 21 and over.
Wyoming
Status – passed. A lawsuit challenging the statute (Green Room) was dismissed, so the law will go forward.
Redefined “hemp” as:
“...all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with no synthetic substance and with a THC concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis when using post-decarboxylation or another similarly reliable testing method.”
This re-defining of hemp is set to significantly curtail which hemp products are legal in the state.
Missouri
Status: delayed by Mo Secretary of State, implementation delayed until at least March of 2025.
Bans the sale of drinks, candy and other foods that contain delta-8 THC, delta-10 THC, THC-O, THCP, THCV, HHC, or similar substances
FAQs released with the order state that CBD, CBN, and similar substances that “do not have psychoactive effect” are not included in the EO’s ban.
Illinois
Status: bill did not pass in 2024 session.
Would have restricted sales of adult-use hemp-derived products to state-licensed marijuana dispensaries.
Status: bill did not pass in the 2024 legislative session.
Would have imposed 0.5mg total THC per serving/2mg total THC per package limits including for ointments and tinctures.
Iowa
Status: signed into law.
Following HF 2605’s enactment, the Iowa Department of Health and Human Services is planning to issue rules for hemp beverages.
HHS will consider a closed-container beverage as one serving per container, regardless of its ability to be resealed or the total fluid ounces it contains.
Florida
Status: vetoed by the governor.
Aim of bill to keep intoxicating hemp products out of the hands of children.
Would have banned all hemp-derived products containing delta-8 and delta-10 THC.
Would have prohibited cannabinoids such as THCV and THCP from being infused into hemp extracts
Bill was vetoed by Governor DeSantis – said that the bill would impose debilitating regulations on small businesses.
Louisiana
Connecticut
Status: signed into law.
Starting October 1, 2024, all manufactured hemp products will be limited to 1mg THC per serving/5mg THC per container, eliminating the prior 25mg allowance for hemp tinctures.
Georgia
Status: signed into law 4/30/2024.
Hemp-infused alcoholic beverages are prohibited.
Consumable hemp products as food are prohibited (excluding gummies, drinks, and non-alcoholic beverages).
All consumable hemp products will be limited to persons 21 or older.
Mississippi
Status: bill did not pass in the 2024 legislative session.
Bill would have set 0.5mg/serving and 2.5mg/package total THC limits for consumable hemp products.
New York
Status: never moved to a vote - bill did not pass in the 2024 legislative session.
Bill would have increased the current THC limit for beverages to 5mg THC.
California
DPH-24-005E-Emergency Regulation
Status: Approved by the California OAL, regulations have gone into effect.
Requires that all industrial hemp food, beverages, and dietary supplements intended for human consumption be free of “detectable Total THC.”
Expands the definition of THC to include 30 cannabinoids the California Dept. of Health deems intoxicating, including Delta-5, Delta-6, Delta-6a, Delta- 7, Delta-10a, Delta-11, HHC, HHCH, HHCP, THCH
Sets a minimum age to purchase “industrial hemp extracts” and “industrial hemp food products” at 21 years of age.
South Dakota
Status: passed.
Effective July 1, 2024, prohibits the practice of converting cannabinoids like CBD into Delta-8, Delta-10 THC, or any other THC isomer, analog, or derivative.
West Virginia
Status: passed.
Allows administrative sanctions against businesses for selling products imported from out of state that do not comply with in-state concentration limits.
Requires that the Commissioner of Agriculture approve labeling.
Conclusion
The trend towards stricter regulation of hemp products underscores the necessity for both consumers and producers to stay informed. The evolving legal landscape may pose challenges to small businesses and the hemp industry as it navigates the complexities of regulation in a market that is rapidly changing. Stay tuned for further updates as these policies develop and impact the hemp industry across the United States.
Have questions about federal or state-level hemp laws and regulations? Our expert team is happy to assist. Please email us at info@earthlawllc.com or give us a call at 541-632-3946 today!
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