US Hemp Roundtable Update: Bill Updates in California, Georgia, New Jersey, North Carolina, Ohio & Federal & State Enforcement Action

California

As AB 2223 continues to pose an existential threat to the hemp products industry in California — capping hemp products at 0.25mg total THC per serving or 1mg total THC per package – the Roundtable is launching a new campaign to complement our current campaign targeting state legislators: We now are asking Hemp Supporters to reach out to Governor Gavin Newsom to intervene in these discussions.

California Hemp Supporters are encouraged to use our State Action Center to email both the Governor and your legislators to block these industry-killing caps and support hemp farmers and small businesses.

Georgia

The Governor signed Georgia SB 494. Not perfect but far better than we had feared, the bill does not contain per serving/per package THC caps, instead restricting consumable hemp products to 0.3% total delta-9-THC, which is measured using the delta-9-THC x 0.877 formula that takes THCA into account. Other notable provisions are that consumable hemp products as food are prohibited, excluding gummies, drinks, and beverages (except for alcoholic beverages). The bill establishes labeling and packaging requirements and all consumable hemp products would be limited to persons 21 or older, including products intended to be ingested, absorbed, or inhaled. The bill goes into effect July 1.

New Jersey

The situation in New Jersey worsens, as the legislature has added more amendments to bills we’ve previously reported on. Of note, they’ve added an amendment requiring any “intoxicating hemp product” must use hemp grown in NJ and manufactured in NJ, effectively killing the whole market.  This language significantly harms not only New Jersey hemp businesses, but also businesses in the other 49 states that want to sell into The Garden State.

New Jersey Hemp Supporters are encouraged to use our State Action Center in opposition of the bill today.   

North Carolina

Since last week’s update, the North Carolina Senate passed H563 with more amendments. The Senate’s version limits non-liquid ingestible products to 25mg per serving of delta-9, delta-7, delta-8, or delta-10 THC in the aggregate and liquid ingestible products to 10mg per serving and 100mg per package in the aggregate. Inhalable products would be restricted to 3ml of the same cannabinoids in the aggregate. The House, whose version contained lower cannabinoid limits, must now agree to the Senate’s version.

North Carolina Hemp Supporters should continue urging lawmakers to support the Senate version.

Ohio

In Ohio this week, legislative leaders and Governor DeWine continued to negotiate potential changes and new regulations with regard to Ohio’s hemp laws. Proposals floated include creating an adult hemp products category that would require such products to be sold only to individuals over 21 years of age and to be locked or stored behind a counter in a retail setting. Our lobbyists continued to promote sensible retail access, including a beverage exemption for any behind the counter requirements if those survive. In the end, the legislature did not pass any new hemp law amendments as they recessed for a summer break. The topic is sure to return to negotiations before the end of this year’s legislative session.

Federal & State Enforcement Action

Federal and state enforcement efforts are ramping up. Following an investigation into one company’s products containing kava and psychedelic substances, the FDA issued an alert warning consumers about adverse reports. The alert identifies the products as being sold in hemp products stores, raising concerns that the FDA may intensify its scrutiny of hemp products, including CBD and delta-8 THC.

That’s partly what’s happening in Colorado. The state’s Attorney General recently filed a lawsuit against a company for selling high-THC products that the Attorney General alleges are “marijuana.” We’re also hearing that local law enforcement have warned other companies that their hemp-derived products are illegal.