Article Contributors

Jonathan Miller
Jonathan Miller

Member | Lexington, KY
859.244.3218
jmiller@fbtlaw.com

Nolan Jackson
Nolan Jackson

Associate | Lexington, KY
859.244.3202
njackson@fbtlaw.com

Jason Halligan
Jason Halligan

Associate | Lexington, KY
859.244.3208
jhalligan@fbtlaw.com

 

By: Hemp Industry Team

Two states established hemp growth programs, two states expanded their programs, and legislation awaits the governor’s signature in two states in the month of June. Two other states advanced legislation approving the retail sale of hemp-derived CBD. The United States Postal Service (USPS) also approved hemp products for mailing. Despite this progress, officials in several states opined that hemp may not be sold as food additives or dietary supplements. Below is a review of the latest hemp legal changes listed state-by-state.

CALIFORNIA

The Senate Committee on Business, Professions and Economic Development approved legislation that would explicitly permit the retail sale of CBD as a food or dietary supplement this week, re-referring it to the Committee on Appropriations, with hopes of final passage in August. The House unanimously passed the bill in May.

FLORIDA

Governor Ron DeSantis signed Senate Bill 1020 into law, dramatically expanding Florida’s hemp program and explicitly legalizing the retail sale and possession of hemp-derived CBD. Individuals can now carry CBD on their person without arrest. This issue became a headline in May when a great grandmother was arrested for carrying CBD at Walt Disney World. The charges were later dropped. In anticipation of this signing, Florida’s Agriculture Commissioner has already issued draft rules for implementation.

LOUISIANA

Governor John Bel Edwards signed House Bill 491 into law, bringing the Bayou State into the hemp growing party. The law provides protection for the retail sale of CBD. Yet, it imposes significant labeling and registration requirements and bans the addition of CBD to foods without the FDA’s formal approval.

MASSACHUSSETS

The Massachusetts Department of Agricultural Resources issued guidanceclaiming that CBD could not be sold as a food additive or a dietary supplement, while the Department of Public Health issued guidance that CBD could not be added to foods. House Docket 4339 was recently introduced to expand protections of hemp-derived products and clarify that CBD may be sold at retail.

MICHIGAN

Attorney General Dana Nessel opined that CBD cannot be added to foods and beverages until the FDA establishes formal regulations, however, CBD tinctures and oils can be sold if both the retailer and the product manufacturer are registered with the Department of Agriculture.

MINNESOTA

A new law permits hemp-derived products to be sold at retail for human or animal consumption if they meet testing and labeling requirements.

NEW JERSEY

The legislature unanimously passed a law explicitly authorizing the possession, transportation, retail sale, purchasing, and human and animal consumption of hemp-derived CBD products and removing hemp-derived CBD’s classification as a controlled substance. Governor Phil Murphy is expected to sign the bill in the coming weeks.

NEW YORK

State legislators passed a bill which would dramatically impair the hemp industry, particularly the retail sale of hemp-derived CBD, treating CBD akin to a controlled substance such as marijuana. Efforts are underway to improve the bill with chapter amendments.

OHIO

Senate Bill 57, which would make hemp and hemp products, like CBD, legal in Ohio, was approved by the Ohio House Agriculture and Rural Development Committee and now awaits a vote on the floor of the Ohio House. The Senate already unanimously passed the bill.

TEXAS

Governor Greg Abbott signed a law that established Texas as the 46th state to authorize a hemp growth program, explicitly permitting the retail sale of hemp products.

For more information please contact Jonathan Miller, Nolan Jackson, Jason Halligan or any attorney in Frost Brown Todd’s Hemp Industry Team.