Happy New Year – Hemp & CBD Bills Already on the Move

Many state legislatures are back in session, so it’s time to restart our weekly alerts of hemp and CBD bills worth your attention. We anticipate a lot of legislative activity in 2022—on topics like CBD in food and dietary supplements, total THC concentration and serving size limits, and artificial cannabinoids. This week, we’re focused on two bills and a rule that are already on the move, plus a looming battle in Washington State over the regulation of intoxicating products.

Delaware

Proposed Rule 801 relates to police training and certification standards. It requires police officer applicants to pass a drug-screening test for several “drugs,” including CBD. We’re concerned the rule confuses CBD for a drug or marijuana because it does not include an exception for hemp or hemp-derived CBD. While we support Delaware’s interest in recruiting and training a police force, we’ve worked hard to educate law enforcement, legislators, and policymakers on the key differences between hemp and marijuana. Delaware Hemp Supporters are encouraged to use our State Action Center to urge regulatory officials to create an exception in Proposed Rule 801 for hemp and hemp-derived CBD products.

Indiana

HB 1043 is a reintroduced version of a bill that Hemp Supporters backed in 2021 and that earned the support of the Midwest Hemp Council. The bill allows the production and distribution of hemp craft flower to persons 21 and older and creates an exception for hemp craft flower from the definitions of marijuana, hashish, and low THC hemp extract. Further, the bill makes clear that food is not considered adulterated due to containing craft flower or low THC hemp extract. Indiana Hemp Supporters are encouraged to use our State Action Center to urge state legislators to pass HB 1043.

Pennsylvania

HB 2050 legalizes marijuana, but the bill defines cannabis to include marijuana and industrial hemp. Our worry is that if the bill becomes law, hemp will be subject to the same regulations as marijuana. Pennsylvania Hemp Supporters are encouraged to use our State Action Center to urge state legislators to amend HB 2050 so that hemp is removed from the definition of cannabis and hemp and marijuana are treated differently.

Washington

Finally, following a rulemaking last year, the Washington Liquor and Cannabis Board is promoting legislation to prohibit the sale of intoxicating products that are sold under the guise of the hemp name, such as Delta-8 THC products. The legislation reflects the fight between hemp producers that are selling intoxicating products under the guise of hemp, and marijuana producers that argue that all intoxicating products should be subject to the same regulatory requirements as marijuana. As one former lawmaker put it, “This is going to be the big battle royale this year.” We will continue to track developments, and will be vigilant to ensure that non-intoxicating hemp products are not swept in unintentionally with these efforts.