States continue efforts to restrict intoxicating hemp as Congress weighs Farm Bill

States are continuing to press efforts to crack down on intoxicating hemp products in the USA, ramping up legislative efforts even as the delayed 2023 Farm Bill looms as a potential federal solution. Texas, Mississippi, Wisconsin, Alabama, and South Carolina all advanced measures this month to restrict or ban hemp-derived THC, citing public health risks and regulatory gaps left by the 2018 Farm Bill.

With concerns mounting over unregulated potency and purity, and accessibility to minors, state lawmakers are moving swiftly to plug a loophole in federal legislation – setting the stage for a nationwide showdown over the controversial substances.

In Texas, legislation backed by Lt. Gov. Dan Patrick has been filed in the State Senate that would ban all consumable hemp products containing any form of THC.

Under the bill, filed by Republican state Sen. Charles Perry, Lubbock, hemp license holders could process only non-intoxicating CBD or CBG, and would not be allowed to manufacture consumable hemp products containing any containing delta-8 or delta-9 THC – controversial synthetic substances that are made from non-psychoactive hemp flowers in the lab.

Patrick said he aims to correct regulatory confusion that has allowed the sale of high-potency intoxicating hemp products in convenience stores, smoke shops and other retail outlets. The products, often marketed as legal under the 2018 Farm Bill, have raised significant health concerns due to their accessibility to minors. Critics argue that the lack of stringent testing and labeling standards exacerbates public health risks, with some products containing THC levels far exceeding what is advertised.

Texas Agriculture Commissioner Sid Miller has highlighted the challenges in regulating the illicit products, citing insufficient funding for proper oversight.

Other states:

Mississippi: Among other states making moves this month to halt the proliferation of intoxicating hemp products, in Mississippi, the Senate Public Health and Welfare Committee plans to amend House Bill 1502 to include provisions from a previously stalled Senate bill. This legislation would mandate testing of hemp products intended for human consumption, ensuring they do not exceed the 0.3% THC limit.

Health officials in Mississippi have raised alarms over products labeled as low-THC or CBD, which, upon testing, have been found to contain significantly higher THC levels than advertised. These discrepancies are often due to the addition of the intoxicating hemp substances, leading to adverse health effects among consumers, health experts have said.

Wisconsin: In Wisconsin, Governor Tony Evers has included a marijuana legalization proposal in his biennial budget that would also regulate hemp-derived THC products. This initiative aims to establish a comprehensive framework for the sale and taxation of marijuana, while also addressing the unregulated market of hemp-derived THC products. The governor’s office said the proposal underscores the need for consumer safety and the importance of generating state revenue through proper regulation.

Alabama: Alabama is also considering stringent measures with Senate Bill 132, which seeks to classify all psychoactive cannabinoids derived from hemp as Schedule I controlled substances. If enacted, this legislation would effectively ban the sale of popular hemp-derived products, including THC-infused edibles and beverages. Proponents argue that such measures are necessary to prevent the distribution of unregulated and potentially harmful products, especially those accessible to minors.

South Carolina: Legislative efforts are also underway in South Carolina, to regulate the sale of THC-infused consumables made from hemp. Lawmakers said they are particularly concerned about the accessibility of these products to teenagers, especially in a state where marijuana remains illegal. Proposed bills aim to tighten regulations, ensuring that intoxicating hemp products are not readily available to minors and that consumers are adequately informed about the contents and potential effects of these products.

Worrisome background

Most intoxicating hemp compounds are made in the lab from CBD extracted from the hemp plant’s flowers. The synthetic process has raised concerns among health officials regarding the purity and safety of the substances. Reports have highlighted adverse effects, including anxiety, elevated heart rate, vomiting, dizziness, loss of consciousness, tremors, severe paranoia, and hallucinations.

The 2018 Farm Bill legalized hemp and its derivatives, provided they contain no more than 0.3% delta-9 THC. However, this legislation did not anticipate the emergence of synthetic cannabinoids like delta-8 THC, creating a legal loophole that manufacturers have exploited to market intoxicating products.

The upcoming 2023 Farm Bill, though delayed, presents an opportunity to address these ambiguities. Proposed amendments, such as the Miller Amendment, aim to redefine hemp to exclude intoxicating products, potentially rendering state-level actions unnecessary. These federal efforts seek to establish clear guidelines, ensuring that hemp products are safe for consumers and do not possess psychoactive effects that could pose public health risks.