August 12, 2022

Updates in ID, KY, MI, and VA

State Alert


As we reported last month, Virginia convened a task force to make recommendations for the manufacture and sale of hemp extracts, pursuant to recently-passed HB 30. This week, the Roundtable’s General Counsel, Jonathan Miller, testified at the task force’s second meeting. His remarks (beginning at 1:27:14) and the entire meeting can be viewed online. In both his testimony and written comments, Jonathan praised policymakers’ mission to regulate intoxicating compounds as adult-use cannabis, but raised objections to the treatment of hemp products—with any amount of THC—with burdensome restrictions, such as age limits. Here’s some local coverage of the hearing.


Michigan’s Cannabis Regulatory Agency recently proposed a rule setting 1 mg per serving and 10 mg per container THC limits for edible, inhalable, and other hemp-infused products. The rule does not apply to topical products, but it would treat as marijuana most full and broad spectrum hemp products. We shared our concerns with the regulators and had a productive meeting about the proposed rule. The regulators were receptive and asked for our written comments, which we submitted and hope will be considered in the development of a final rule.


A Kentucky court issued a permanent injunction prohibiting the Kentucky State Police from taking any criminal action against hemp products with 0.3% delta-9 THC or less, including delta-8 THC products. The permanent injunction follows a temporary injunction issued in the same case earlier this year. The case relates to the Kentucky Department of Agriculture’s April 2021 letter stating that delta-8 THC is illegal and warning that actions involving delta-8 THC could result in administrative and criminal penalties. The court’s decision will likely inspire another legislative effort next year to regulate delta-8 THC in Kentucky, perhaps something similar to SB 170—a bill that passed the state Senate in 2022 but failed to pass the House.


Lastly, on July 20, the Idaho Department of Agriculture announced its intention to, beginning November 1, take enforcement action against hemp and hemp-derived animal feeds and remedies, products which the Department considers illegal. The National Animal Supplement Council (NASC) quickly reached out to the Department to raise concerns and request a meeting. According to NASC, it is unclear whether the Department’s policy will apply to dosage form animal health products, which are not typically regulated as animal food or feed products. Additionally, NASC pointed out that robust data shows that properly manufactured hemp food and feed products do not pose high risk to animals for negative health consequences. We thank NASC for its leadership on this important issue and will monitor its discussions with the Department.