The developments in six states this month reflect the growing national movement to crack down on hemp-derived delta-8 THC and other intoxicating hemp compounds that have thrived because of a loophole in federal law.
All seven Virginia, Illinois, Indiana, Louisiana, Texas and Connecticut have enacted or are considering outright bans or strictly regulating the substances, which are widely available at common retail outlets without age restrictions and are often marketed in packaging that appeals to children
“This loophole soon led to an alarming public health crisis,” according to a brief written by attorneys representing the state of Virginia, where the number of calls to poison control centers involving children under 5 who had consumed edibles containing the substances rose from about 200 in 2017 to more than 3,000 in 2021. The National Network of Poison Control Centers said nearly 8,000 people reported adverse effects after consuming products containing intoxicating hemp compounds between 2021-2023.
“lots of trouble”
“Without doing anything, there’s just this huge legal gray area and it creates a lot of problems,” said Indiana State Representative Jake Teshka, who authored an unsuccessful attempt to regulate hemp intoxicants last session. legislature of your state.
The products are sold as an alternative to marijuana, which contains the psychoactive compound delta-9 THC. In addition to delta-8 THC, the most popular of hemp’s intoxicating compounds, the high-production nuisance substances in question include THCA, delta-10 THC, THC-O-acetate, HHC, THCP, and others. Most substances start with CBD base material derived from hemp which then goes through a synthetic process.
US states are working to crack down on the runaway market for products called diet weed, marijuana light or gas pot sold at convenience stores, wineries, CBD shops and other retail outlets . jelly beans and other edibles. Online ads also boost e-commerce sales, fueled by online forums and social media, where growers and bloggers suggest hemp products help relieve chronic pain, an unproven claim.
Serious security issues
The US Food and Drug Administration (FDA) has done this repeatedly warned consumers on intoxicants derived from hemp, noting that unregulated and often insecure Products may contain harmful chemicals and should therefore be kept away from children and pets. The FDA has done it too warned the producers that the products are not classified under GRAS (generally recognized as safe) guidelines and that therefore any food containing the compounds is also adulterated. Labs that analyze cannabis say they have found up to 30 undesirable byproducts, chemical compounds that are accidentally made during the synthesis process in intoxicating hemp products.
“There are legitimate uses for hemp products, from biofuels to plastics, from fiber to food and building materials. I have no objection to these products,” said Senator Thomas Pressly, who sponsored legislation in Louisiana. “It’s the intoxicating, synthetic, lab-created products with THC that my bill focuses on.”
Federal action stalled
The US Farm Bill of 2018 legalized industrial hemp as any part of this plant, including its seeds and all its derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, with a content not higher than 0.3% THC. But the legislation did not foresee the emergence of synthetic intoxicants based on CBD from the flowers of the hemp plant.
After the market for over-the-counter CBD extract health aids boomed and then exploded starting in 2019, companies behind on CBD stocks began selling them to unreliable producers of psychoactive compounds, which quickly spread into what are estimated to be billions. dollar subsector in the US
Congress has a chance to clarify the legality of intoxicating hemp products by amending the next US farm bill, delayed since last year. Congressional farm policy briefs so far do not address the issue, and a new farm bill likely won’t emerge until 2025. That leaves it up to states to protect consumers from unregulated products.
Evolution state by state
virginia: Hemp companies challenge restrictions in court
A federal appeals court last week heard arguments against state restrictions on a 2023 Virginia law that would ban intoxicating hemp products. The central issue revolves around states’ rights to regulate hemp products beyond the federal definition. Virginia argues that the 2018 farm bill does not prevent states from enacting stricter regulations, especially when public health is at stake. Virginia hemp companies say they’ve seen a 90 percent drop in revenue since the ban went into effect. An appeals court judge questioned the irreparable harm argument, suggesting that any regulation of illegal activities would cause such consequences. The three-judge panel hearing the case, appointed by the presidents of both sides, gave no immediate indication of its final decision.
Illinois: Lawmakers propose regulations as the market moves forward
Illinois Democrats are pushing for regulations that would limit sales of intoxicating hemp products to customers 21 and older, and ban candy and packaging aimed at children. Their proposal would also establish licensing and testing requirements and establish a tax regime that they say could bring in $1.5 billion annually for the state. Sponsors of a bill that would include those regulations hope to pass it before the end of the spring legislative session. Marijuana interests support a rule that would impose a $10,000 fine on companies that sell delta-8 or other intoxicating hemp products.
Indiana: Consumers at risk as lawmakers debate policy
After the states’ top attorney ruled that intoxicating hemp is illegal, a group of growers filed a federal lawsuit, citing raids and other repercussions that have hurt their businesses. The interested parties were dealt a blow in late March when the judge in the case denied their request for an injunction. Indiana’s estimated $1.8 billion unregulated market for intoxicating hemp remains in limbo as lawmakers clash over plans for an outright ban versus legislation that would bring strict regulations. The Indiana State Police (ISP) says state law classifies all types of THC, both natural and synthetic, as Schedule I controlled substances. Several attempts to regulate or ban the substances have failed in the state legislature, where Republicans control both chambers but disagree on the approach.
Louisiana: Senate bill calling for ban clears key committee
A Senate bill that would shut down the state’s fast-growing market for intoxicating hemp products has cleared a key committee and now heads to the House of Representatives for a vote. The bill, sponsored by state Sen. Thomas Pressly, seeks a complete ban, while a proposal in the House would allow sales to continue with stricter regulations, including age restrictions, packaging requirements and mandatory measuring devices for extracts.
Texas: Lt. Governor, Agriculture Commissioner Urges Ban
Lt. Gov. Dan Patrick has asked the Texas Senate to review a decision that allowed the sale of products containing intoxicating hemp compounds in 2019, calling for an outright ban on the products. Critics say the lack of comprehensive regulations has led to a “hot mess” with unclear legalities and a proliferation of high-production cannabinoids hitting the market, confusing consumers about what is legal. Texas Agriculture Commissioner Sid Miller supports the proposed ban
Connecticut: Redefined products, ordered from convenience stores
Governor Ned Lamont has signed legislation that redefines THC-rich hemp products and bans the sale of products containing intoxicating hemp substances at gas stations and convenience stores. The law also strengthens the enforcement capabilities of both municipalities and the Department of Consumer Protection (DCP). The law received near-unanimous support in the state legislature.
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