States tackle intoxicating hemp cannabinoids. Kentucky eyes beverage regulation, Maryland expands licensing, and Missouri faces a sales shift. What's next?
Lawmakers at statehouses around the country continue to grapple with hemp policy, and policies around hemp-derived intoxicating cannabinoids in particular. Here, thanks largely to the US Hemp Roundtable's regular state policy updates, is a look at the latest on the hemp front:
Kentucky
Senate Bill 223 would allow for the licensed sale of beverages containing hemp-derived cannabinoids by integrating them into the state's framework for regulating alcohol. It would also create a supplemental license to allow for the sales of such beverages at hemp stores. And it would ban open containers of THC beverages in vehicles.
The bill has passed the Senate but appears stalled in the House. Still, the US Hemp Roundtable is urging members to contact its Kentucky Action Center to remind lawmakers of the importance of creating a workable framework for regulating hemp-derived cannabinoids in the state.
Maryland
Introduced in February, Senate Bill 994 would create a new hemp manufacturing license under the state Department of Agriculture. While the bill is limited in scope, it creates new licensing structures and gives significant authority to the department to define regulatory requirements.
The bill is currently before the Senate Rules Committee and could move because its sponsor, Sen. Brian Feldman (D-Baltimore) is a powerful member of the Senate Legislative Policy Committee. As currently written, the bill contains several undefined elements that could be implicated by the way regulations are ultimately structured.
The US Hemp Roundtable is monitoring the bill's progress but is requesting no action at this time.
Missouri
Senate Bill 904, which would define hemp-derived intoxicating cannabinoid products as marijuana and allow them to be sold only at licensed marijuana retailers has been stalled by a state senator's Tuesday filibuster and is now listed on the legislature's "Informal Calendar S Bills for Perfection," which means it has been reported out of committee but is currently set aside and could be taken up later.
The bill from Sen. David Gregory (R-St. Louis) mirrors federal legislation taking effect in November that tightens the definition of hemp from cannabis containing less than 0.3 percent delta-9 THC to cannabis containing less than 0.3 percent total THC, effectively moving most intoxicating hemp products into the marijuana category. The measure would also force an end to sales by CBD stores, health and wellness retailers, convenience stores, and other non-licensed retailers.
Sen. Karla May (D-St. Louis) took to the Senate floor Tuesday afternoon in opposition to the bill, the Intoxicating Cannabinoid Control Act, and filibustered the bill for the rest of the day. She has filed her own measure, Senate Bill 1086, that would regulate intoxicating cannabinoids to protect minors but otherwise allow the industry to operate.
The US Hemp Roundtable has taken no position on the Missouri bills.
Ohio
Senate Bill 56, which significantly modifies the state's voter-approved marijuana legalization law and tightly regulates intoxicating hemp products, went into effect on March 20, but only after Gov. Mike DeWine (R) vetoed a section of the bill that would have allowed hemp beverages containing up to 5 milligrams of THC (10 in some cases) to remain on the market through the end of the year. Now, the new law imposes strict THC limits on all hemp products, creating a de facto ban that will wipe out most hemp-derived products sold in the state.
The law went into effect after an initiative from Ohioans for Cannabis Choice failed to come up with enough signatures to qualify for the ballot. That referendum would have repealed the law.
There is still time for the legislature to try to override the governor's veto, which would require a three-fifths vote in each chamber. The US Hemp Roundtable is calling on Ohioans to contact legislators and urge them to override the veto at this link.
South Carolina
House Bill 3924 is up for a final vote in the House after being approved with changes in the Senate. It would severely restrict the sale of hemp-derived cannabinoids by banning all full spectrum hemp products except THC beverages containing less than 10 milligrams of THC and gummies containing less than 10 milligram THC. These products could only be sold at licensed liquor stores
Under this bill, existing hemp retailers would have to obtain liquor licenses and meet all other regulatory requirements for alcohol retailers, and they would be limited to selling only the permitted intoxicating products. That would block them from selling non-intoxicating wellness items such as tinctures, topicals, creams, and similar products. Direct-to-consumer sales would also be prohibited.
The practical effect would be a significant contraction of South Carolina’s hemp market, including the loss of existing retail operations and reduced consumer access to regulated products.
The US Hemp Roundtable is opposing this bill as currently written and is calling on South Carolinians to use the South Carolina Action Center to urge their representatives to amend or kill this bill.