April 02, 2021

More Victories and Delta-8 Bills, too

Utah: Last week, we provided an update on bills that we’ve highlighted in prior weeks. Shortly after we went to print, Utah Governor Spencer Cox vetoed SB 39. The bill passed with large majorities in both chambers. The legislature has adjourned, but it can reconvene with a two-thirds’ majority to override the Governor’s veto. We encourage Utah Hemp Supporters to use our State Action Center to urge state legislators to reconvene to override the Governor’s veto of SB 39.

South Dakota: In positive news, South Dakota’s Governor signed HB 1203 and HB 1228 into law. These were two bills we urged you and South Dakota lawmakers to support. It’s almost as if Governor Noem knew your advocacy was imminent.

New York: In New York, A01248 legalizes cannabinoid hemp flower but restricts the sale of smokable hemp flower products to cannabis retail dispensaries. The bill has become law as part of the omnibus cannabis bill that Governor Cuomo signed on Wednesday.

Michigan: There’s been an encouraging development in Michigan. SB 0186 is Michigan’s attempt to align its hemp program with the 2018 Farm Bill and USDA Final Rule. However, the bill also contains sweeping liability provisions that would make a person who sells a product in violation of the law, whether knowingly or not, responsible for all of the purchaser’s damages, plus restitution. The bill was signed into law late last week, but behind the scenes, we’re working with a lobbyist and key legislative leaders to clean up the liability sections. Stay tuned for more soon.

Virginia: There’s also a victory to celebrate in Virginia. HB 2078 makes positive improvements to Virginia’s licensing and testing requirements and removes hemp held by a federally licensed producer from the definition of marijuana. It also redefines hemp to include intermediate and in-process hemp extracts, redefines hemp products to include raw materials used in food and beverages, caps license fees, and expands criminal liability protections. Governor Northam signed the bill into law earlier this month. Special thanks are extended to the Virginia Industrial Hemp Coalition for its important advocacy work on HB 2078.

Finally, we alert you to the following bills on the emerging issue of delta-8 THC:

Florida: SB 1766 would restrict delta-8 THC sales to persons 21 and older. The bill also establishes labeling and shipping requirements and creates criminal penalties for sales of delta-8 products to persons under 21.

North Dakota: HB1420 amends North Dakota’s controlled substances schedule by redefining THC to include delta-8 THC as part of delta 6 cis/trans THC.

OklahomaHB1961 defines marijuana to include delta-8 and delta-10 THC with a concentration in excess of 0.3% on a dry weight basis.

Oregon: In Oregon, lawmakers are considering a bill that would require the Oregon Liquor Control Commission to study delta-8 THC and submit a report to the legislature. Public testimony is underway for what is being described as a “delta-8 cleanup” effort. This follows OLCC’s announcement that it is moving ahead with rulemaking on delta-8.