INDUSTRY UPDATES

November 10, 2023

New Lawsuit in AK and Delta-8 THC Updates in AR, CT, GA, NY and KY

Check out the latest legislative updates across the states and take action today!

Alaska

A lawsuit has been filed against the state of Alaska challenging the new regulations on hemp products that we reported on last month. The regulation, which went into effect on November 3rd, prohibits the regular retail sale of an industrial hemp product that contains any amount of delta-9 THC or any non-naturally occurring cannabinoid, even non-intoxicating products. Such products must now be approved by Alaska’s marijuana control board and sold subject to regulations for marijuana cannabis products. 

High Times covered the litigation, featuring a statement from our General Counsel, Jonathan Miller. The Roundtable will be working with Hemp Supporters on the ground to attempt to redress this troubling development. Read the full article here. 

Arkansas

Earlier this fall, we covered the landmark court ruling in Arkansas. In a complete win for the plaintiffs, the federal district court issued a temporary injunction that prevents Arkansas officials from enforcing SB 358—the state’s new hemp law prohibiting delta-8 THC and similar products. The Arkansas officials filed an appeal to the Eight Circuit. In the meantime, the district court scheduled the case for a bench trial to begin August 27, 2024. 

Connecticut

Connecticut is warning consumers and businesses about unregulated intoxicating hemp-derived products. State officials issued a warning on Monday stating that products sold at unlicensed outlets are unregulated and are often being purchased by minors. 

“We are working with law enforcement to protect public health and safety, particularly for young people who may be targeted by these illegal products,” said Connecticut Department of Consumer Protection Commissioner Bryan T. Cafferell in the statement. 

Both high-THC hemp products and synthetic cannabinoids may only be sold in Connecticut by licensed cannabis establishments to adults who are 21 years old and older.

Georgia

In a written opinion published earlier this week, the Georgia Court of Appeals ruled that edible delta-8 and delta-10 THC products are not controlled substances under Georgia law. The appellate court reversed the trial court’s decision that the products were controlled substances because they did not fall within the Georgia Controlled Substances Act’s exception for “hemp products.” The lawsuit arose from Georgia law enforcement’s seizure of the products in February 2022. The appellate court’s ruling confirms that both food and non-food hemp-derived products are legal in Georgia when the products meet the definition of “hemp” or “hemp products” or do not contain any controlled substances.

New York

Like the federal court in Arkansas, a New York state court granted an injunction against emergency hemp regulations issued in August. The Roundtable submitted comments to the regulations, noting its concern with the 1mg/serving 10mg/package limits for total THC. In determining that the regulations should be enjoined, the judge found that state officials failed to follow proper rulemaking procedures, including failing “to cite evidence or studies that New Yorkers have been misled or harmed by hemp infused products.” We will continue to follow the case, as there’s a possibility of an appeal.

Kentucky

On Thursday, our very own Director of Operations, Katelyn Meckes (Wiard), testified before the Administrative Regulation Review Subcommittee regarding the Kentucky Department of Public Health’s emergency regulations concerning intoxicating cannabinoids, such as delta-8 THC. USHR Member, Jim Higdon, also testified supporting USHR feedback during the hearing.

The Administration has been very responsive to our concerns so far, and we were pleased to hear their willingness to continue working with us during the hearing to address some of the outstanding concerns we have raised. Katelyn expressed these issues during her testimony, to which both leaders of the state legislature and the department of health agreed that ongoing collaboration with the U.S. Hemp Roundtable is essential to ensure the final regulation accomplishes consumer safety and fair market participation. Access our written comments here. 

Watch the testimony starting at 58:45 here or above!

Visit our State Action Center to see active campaigns across the country!

State Action Center

Check out the latest hemp and CBD updates from across the states!