INDUSTRY UPDATES

February 11, 2022

New Bills in HI & KS, and Bills Moving in MI


Two new bills caught our attention this week—one good and one very, very bad.

Hawaii

Hawaii is prioritizing hemp sustainability. SB 2865 authorizes $40 million in bonds for the construction of a platform that will recover carbon dioxide and convert it into food grade liquid carbon dioxide. Food grade liquid carbon dioxide has many important uses, including hemp carbon sequestration, hemp soil remediation, hemp building material, hemp wellness, the farming of crops to support food security, and the creation of other agricultural products. We applaud Hawaii for incentivizing hemp sustainability and we encourage Hawaii Hemp Supporters to use our State Action Center to urge lawmakers to support SB 2865.


Kansas

But in Kansas, HB 2604 is a step backward. The bill prohibits the manufacture, distribution, or sale of any final hemp product that is intended for food, seed, seed meal, or seed oil and contains any THC. By definition, hemp contains THC, even if only trace amounts. The bill threatens all ingestible hemp products, including popular broad-spectrum and full-spectrum products. Kansas Hemp Supporters are encouraged to use our State Action Center to urge lawmakers to defeat HB 2604.


Michigan

Four important bills in Michigan are on the move! The bills are:

HB 5058 provides that food is not adulterated for containing hemp.

HB 5059 removes the requirement that a hemp grower be licensed as a hemp or marijuana processor to sell finished hemp products.

HB 5060 is a clean-up bill. In 2021, Michigan enacted a law stating, “A person that violates this act is liable for all damages sustained by a purchaser of a product sold in violation of this act.” This kind of strict liability provision is unique to Michigan and, unfortunately, is not limited in any way. In response, HB 5060 does two important things. First, it amends the law to maintain the right of a person to bring a civil action for hemp sold in violation of state law, but it creates a civil action against a grower who sells hemp in violation of state law—not against any person who sells hemp products. Second, the bill recognizes a civil action but does not automatically provide for liability or unlimited damages, unlike the law from 2021.

HB 5061 is the most critical—it provides explicit protection for hemp products, including topicals and consumable food and dietary supplements.

Collectively, the bills will strengthen Michigan’s hemp laws and create a more favorable legal landscape for hemp and hemp products. Each bill deserves your complete support.

The bills have been reported out of committee and are now on the House floor awaiting a vote. The vote is expected next week, so your quick action is critical! Michigan Hemp Supporters are encouraged to use our State Action Center to urge state legislators to pass HB 5058, 5059, 5060, and 5061.