Roundtable Roundup: Updates in Georgia, Florida, Ohio, Louisiana and Tennessee

Georgia

Last month, the Georgia Department of Agriculture proposed changes to existing rules for hemp products, as well as a proposed new rule for consumable hemp products. While many of the changes to the existing rules were minor, the new rule set THC limits for consumable hemp products that conflict with a new law enacted earlier this year. The Roundtable submitted written comments expressing concern and recommending revisions, as did many other hemp industry stakeholders. This week, the Department published amendments to the proposed rules. We are very pleased with some of the changes that were responsive to our comments—most importantly, THC caps on beverages were lifted to 10 mg/serving, and package THC caps on gummies will allow for 30 servings of 10/mg each. However, a number of our more technical comments were not implemented, and we will be providing additional written comments on the amendments, which the Department is accepting until November 21, 2024.

Ohio

Last year, the Ohio Senate passed a bill (HB 86) with bad language that was inserted during the Senate committee process. The language would have set low THC limits of 0.5mg serving/2mg package for hemp products. Thanks to strong coalition support across the hemp industry, the House chose not to concur with the Senate’s language and the low THC limits did not become law. But we’re hearing that the Senate is at it again—this time intent on banning all hemp products that have the potential to impair consumers. Earlier this week, we sent a letter urging the Senate to embrace a regulatory framework with stronger enforcement, licensing for manufacturers and sellers, independent testing of hemp products, adequate labeling which prohibits child-enticing images, and age restrictions for consumable hemp products. The framework would be a substitute for a complete ban against hemp products that have the potential to impair consumers.

Florida

The Florida Department of Agriculture and Consumer Services recently proposed rules for hemp and hemp extract products. While the proposed rules are meant to ensure that ingestible and inhalable products are not attractive to children, some aspects of the proposed rules will cause confusion and disruption and increase compliance costs. In written comments submitted last week, we recommended several changes, including that the Department add an exception for color additives in beverages and gummies, allow functional ingredients for coloration that are permitted under federal law, and remove marketing restrictions that are ambiguous and will be difficult to enforce. A hearing on the proposed rules could be held soon.

Louisiana

As we’ve seen in other states recently, a group of plaintiffs filed a lawsuit challenging Louisiana’s new hemp law, which took effect in June. The law redefines “hemp” using a total THC standard. The plaintiffs argue that the revised definition conflicts with the 2018 Farm Bill and violates the Supremacy Clause, Commerce Clause, and due process rights.  

Tennessee

Earlier this month, the Tennessee Department of Agriculture proposed permanent rules setting a “total THC” testing standard that is being seen as a ban against THC-A. The proposed rules follow the Department’s emergency rulemaking earlier this year, which is being challenged in court. The proposed rules are set to take effect December 26, 2024.