Developments in IL and VT, and a CBD Lawsuit in AL

Illinois

In positive news, the war on hemp suffered a major defeat. We were preparing for a bill to be introduced in the closing days of the session in Illinois (and passed quickly) that would have completely banned intoxicating hemp products, including delta-8. The bill would have also limited consumable hemp products to 0.5mg of THC per serving and 2.5mg per package, created licensing and testing requirements for hemp-derived cannabinoid products, and significantly broadened the state Department of Agriculture’s authority to impose labeling and packaging requirements. 

Thankfully, the Senate adjourned last night without passing the bill and without including restrictive legislative language into a must-pass omnibus bill. Although it is an important victory, the effort is certain to be taken up again next year. In fact, we’re hearing that marijuana industry groups are encouraging law enforcement to ramp up enforcement activities this summer and pressuring lawmakers to pass the bill next session. We’ll be working with Hemp Supporters on the ground to encourage the adoption of the regulatory framework that we’ve been advocating in Kentucky.  

Vermont

In Vermont, the Cannabis Control Board issued an emergency rule for ingestible hemp products. The rule prohibits intoxicating cannabinoids like delta-8 and delta-10, and synthetic cannabinoids. The rule also prohibits a consumable hemp product that exceeds 0.3% total THC or 1.5mg of THC per serving, or 10mg of THC per package (unless the product has at least 20:1 CBD-to-THC).

Industry stakeholders had been led to believe that the rule would be developed over several months, with industry input sought. Instead, regulators issued the rule without comment. The rule will remain in effect for at least 180 days. Vermont Hemp Supporters, please use our state action center to email the Governor to urge withdrawal of this misguided rule and use this form to provide public comments.

Alabama

Earlier this year in Alabama, the Department of Public Health (ADPH) issued a “Do Not Sell” order to TSTL Holdings d/b/a Boro Hempfor manufacturing and selling edible hemp products that contain CBD and other cannabinoids. According to ADPH, food or food products that contain CBD or CBD derivatives may not be manufactured or sold in Alabama. Its position apparently extends to any edible product that contains delta-8, delta-9, or any THC, including beverages. TSTL Holdings is fighting back in court and recently won a temporary restraining order barring ADPH from enforcing the “Do Not Sell” order. We’re watching the lawsuit closely. To help support the lawsuit, please consider contributing here.

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