INDUSTRY UPDATES
February 17, 2023
Epicenters of Bill Activity: IN, MA, HI, ND & GA
Check out the latest legislative updates across the states and take action today!
About a month into most states’ legislative sessions, there’s a lot going on—particularly in three states where we’ve seen developments in recent years.
Indiana
In Indiana, SB 0293 creates important protections for in-process hemp extract and, beginning July 1, 2023, would limit the sale of low THC hemp extract products that contain delta-8, delta-10, HHC, or similar cannabinoids to persons 21 or older. We encourage Hemp Supporters in Indiana to use our State Action Center to urge legislators to support the bill as an example of distinguishing between non-intoxicating hemp products and intoxicating products and strictly regulating the latter so that they are kept out of the hands of children.
SB 0293 is an apparent response to an Attorney General Opinion issued earlier this year concluding that non-delta-9 THC variants like delta-8 are controlled substances under state law. Under the opinion, products containing these cannabinoids, even hemp products, cannot be possessed or sold in any form and are subject to criminal prosecution as Schedule I controlled substances.
Massachusetts
In Massachusetts, two bills follow unsuccessful efforts from prior years to fully legalize hemp products. HD 1509 defines hemp products broadly to include topical and consumable products, including CBD; makes clear that dietary supplements, food, and food products that contain hemp or hemp cannabinoids are not adulterated; and would allow the sale of hemp products and derivatives in dietary supplements, food, and beverages.
Similarly, SB 598 would clarify that hemp and hemp extracts may be added to food, food products, and dietary supplements and sold, whether or not manufactured in Massachusetts. Hemp Supporters in Massachusetts are encouraged to use our State Action Center to urge legislators to support both HD 1509 and SB 598.
Hawaii
Hawaii has emerged as an epicenter of bill activity—some of it encouraging, some of it not. Two bills, HB 1424 and SB 516, would require hemp product labels to state the origin and percentage of hemp in the product that is grown in Hawaii and the percentage of hemp that is grown in another state. As far as we know, this label requirement would be unique to Hawaii.
HB 70 adds delta-8 to Hawaii’s list of controlled substances, criminalizing delta-8 and banning hemp products from containing it.
Like HB 70, SB 651 would criminalize delta-8, and also would impose the unique label requirement from HB 1424 and SB 516. However, this bill would also allow the sale of hemp and hemp extracts as food.
While we support reasonable requirements for hemp products, we encourage Hemp Supporters in Hawaii to use our State Action Center to urge legislators to oppose the unduly burdensome and costly label requirement in HB 1424, HB 516, and HB 70. Legislators should also be urged to oppose the blanket criminalization of delta-8 in HB 70 and SB 651.
North Dakota
In North Dakota, SB 2096 would prohibit the sale of a hemp commodity or product that contains a chemically modified hemp extract or chemically derived cannabinoid, effectively banning products like delta-8. Hemp Supporters in North Dakota are encouraged to use our State Action Center to urge legislators to oppose SB 2096’s complete prohibition of delta-8. Instead, chemically derived cannabinoids like delta-8 should be allowed but strictly regulated and kept out of the hands of minors.
Georgia
And in Georgia, SB 22 would limit consumable hemp products to persons 21 or older, whether or not the product is potentially intoxicating. Hemp Supporters in Georgia are encouraged to use our State Action Center to urge legislators to reject a uniform age restriction for consumable hemp products.
