April 11, 2023
We’re Still Fighting The War On Hemp!
The War On Hemp rages on, as new battlegrounds across the country continue to emerge.
In Virginia, where we’ve been active all year, Governor Glen Youngkin exercised his unique powers to make amendments to SB 903. We appreciate the Governor’s efforts to try to improve the legislation – especially eliminating the ridiculous requirement to add bittering agents to topical products. However, his bill substitute falls short. His amendments would require hemp products to be limited to 2 mg of total THC per package or have at least a 25:1 CBD-to-THC ratio, a ratio that is nearly impossible for most non-intoxicating full spectrum extracts to meet. And the Governor kept the 21 or older age restriction for non-intoxicating hemp products and hemp extracts. The per package THC limit is arbitrary and would be a national outlier, and the CBD-to-THC ratio could easily be exploited by bad actors and potentially lead to products with toxins and unsafe cannabinoid amounts. Now that Virginia’s regular legislative session has adjourned, The Governor’s substitute to SB 903 is it—or nothing. Please use our State Action Center to urge legislators to oppose the Governor’s amendments.
In Arkansas, SB 358 allows the manufacture and sale of consumable hemp-derived products, subject to permit, testing, and other requirements. Hemp-derived products exclude cosmetics, dietary supplements, raw products, and products intended for animals, and would be limited to persons under 21. Additionally, the bill sets a 0.3% total THC limit, to include delta-8, delta-10, and similar THCs. The bill passed the legislature in the closing days of the session and is on its way to the Governor. We encourage Hemp Supporters in Arkansas to use our State Action Center to urge the Governor to veto the bill.
Georgia HB 458, which has passed the state House, would limit consumable hemp products to persons 21 or older. The bill sets delta-9 THC limits of 25mg per dose and 500mg per package, and its age restriction applies across the board regardless of THC content. Please use our State Action Center to urge legislators to amend the bill to remove the adult-only requirement for non-intoxicating hemp products.
In Maryland, SB 516 is a cannabis bill that includes protections for hemp tinctures. While the bill would require a dispensary license in order to sell a consumable or inhalable hemp product with more than 0.5 mg of THC per serving or 2.5mg per package (and limit these products to persons 21 or older), tinctures appear to be excluded. We’re hearing from legislators that the exception is intended to allow the sale of tinctures at regular retail, as long of the tinctures have 2.5mg of THC or less per serving, 100mg or less per package, and at least a 15:1 CBD-to-THC ratio. The bill has passed the state Senate and appears poised to pass the state House today.
In West Virginia, SB 220 was recently signed into law. The new law prohibits the distribution or sale of hemp-derived cannabinoid products to persons under 21. Also, the law sets criminal penalties for several violations involving hemp-derived cannabinoid products, including selling such products without a permit, and requires the development of certain advertising, labeling, packaging, and testing regulations.
In Washington, the legislature passed SB 5367, which limits consumable hemp products to 0.5mg of THC per unit and 1.5mg per package. Any hemp product that exceeds these limits would be treated as cannabis. The bill now moves to the Governor, who is expected to sign it. Promises were made to regulat full-spectrum products and hemp consumables in the next General Assembly.
In Colorado, the intoxicating products bill we’ve been anticipating was recently introduced. SB 23-271 follows the Colorado Task Force’s recommendations last year for the regulation of intoxicating hemp and THC products [link to 1/31/2023 alert]. We’ll be watching the bill closely, so stay tuned for updates.
Urge Your Legislators to Support Fair Laws for Delta-8
Lastly, even if you don’t live or work in these states, we need your help championing fair delta-8 laws. Kentucky has the right approach—let’s strictly regulate these products and make sure that they are unavailable to minors. Please use our State Action Center and urge your lawmakers to follow the Kentucky model.