Alert: US Hemp Roundtable: Hemp Under Fire in Three States: Nebraska, Florida, and Tennessee

Nebraska

Nebraska is wasting no time to wage a war against hemp products—and action is needed NOW. LB999 would upend Nebraska’s hemp laws as we know it. First, the bill would eliminate protections for hemp-derived products that contain any cannabinoids other than CBD, including non-intoxicating broad spectrum and full spectrum products. Second, the bill redefines marijuana to include hemp, except when hemp is lawfully possessed pursuant to the Nebraska Hemp Farming Act. Third, the bill limits processed hemp to 0.3% delta-9 THC on a weight basis (not dry weight), while maintaining the 0.3% delta-9 THC dry weight standard for raw hemp. Fourth, the bill transitions Nebraska’s state hemp plan into a USDA plan by requiring hemp producers to have a USDA license.

These changes would be devastating and cause immediate uncertainty for Nebraska hemp farmers and businesses. According to its sponsors, the bill is intended to ban delta-8 products, which is bad enough, but the bill goes much farther.

We encourage Hemp Supporters in Nebraska to use our State Action Center to urge legislators to oppose the bill.

Florida

In Florida, two companion bills—HB 1613 and SB 1698—would limit hemp products to 0.3% total delta-9 THC on a wet-weight basis or 2mg THC per serving/10mg THC per container, whichever is less. The bills would prohibit ingestible or inhalable hemp extracts from containing synthetic or natural controlled substances, including delta-8 THC, delta-10 THC, HHC, THCA, THCP, and THCV. Also, the bills would expand advertising and packaging restrictions and place conditions on organized events where hemp products are sold or marketed.

A wholesale ban on consumable products that contain delta-8 THC or similar substances is inappropriate.

We encourage Florida Hemp Supporters to urge legislators to follow the Kentucky model—rather than outright prohibition, let’s regulate intoxicating products and make sure that they are unavailable to minors.

Tennessee

In Tennessee, regulations proposed by the Tennessee Department of Agriculture’s Division of Consumer & Industry Services would swap hemp’s delta-9 THC standard for a total THC standard that includes both delta-9 THC and THCA concentration. The change could effectively ban products that are currently legal in Tennessee, such as CBD and THCA flower. A hearing is scheduled for February 6, 2024. If finalized, the regulations would take effect July 1, 2024.  

We encourage Tennessee Hemp Supporters to urge regulators to reconsider this plan which could undermine the Tennessee hemp industry.