Over the past few years, there has been a huge increase in the number of hemp products being sold in the United States. Customers have been purchasing products that contain any variety of cannabinoids, not only in brick and mortar stores, but also online. This increased popularity and availability, combined with the FDA’s refusal to regulate hemp products, has led to many states creating their own laws and regulations concerning hemp. In fact, some states have introduced new legislation this year, in an attempt to regulate the sale of hemp products. Continue reading to find out which states will be taking action on cannabinoids this year.
Are Hemp Products Federally Regulated?
Although hemp-derived products that contain 0.3 percent or less of delta-9 THC have been federally legal since the Farm Bill was passed in 2018, the FDA still has not approved any CBD or THC products. The FDA’s explanation for this lack of regulation is that cannabinoids are not classified as “dietary supplements.” This means that if state legislatures have concerns about the purchase and sale of hemp products, they need to take it into their own hands.
It’s no surprise then, that there is a lack of consistency when it comes to hemp regulation across the United States. While, according to the 2018 Farm Bill, CBD products may legally contain up to 0.3% THC, some states like Idaho insist that CBD products contain no traceable amount of THC.
What States Are Introducing New Hemp Legislation This Year?
Four states are poised to implement new legislation concerning hemp products in 2024. Here is a brief overview of these new laws and regulations:
Florida
Last year, Florida filed Senate Bill 1698 which, combined with this year’s House Bill 1613, seeks to limit the amount of delta-9 THC in hemp products to either 10 mg per container or 2 mg per serving, whichever is less. Under the new legislation, legal hemp products may not contain any form of delta-8 THC, delta-10 THC, HHC, THCP, or THCV. The bills would also place more restrictions on packaging and advertising for hemp products.
Nebraska
Senator Teresa Ibach introduced Nebraska Legislative Bill 999 on January 5, 2024. This bill would turn over regulation of hemp cultivation from the Nebraska Department of Agriculture to the U.S. Department of Agriculture. This would require Nebraska hemp producers to apply for a license to produce hemp under the USDA production program. The bill would also confirm that CBD products which contain more than 0.3% delta-9 THC or delta-8 THC, would be illegal under state law.
South Dakota
Earlier this year, South Dakota introduced House Bill 1125 which seeks to ban the sale of chemically converted or modified hemp products. The bill coins a new term, “chemically derived cannabinoid”and defines it as “a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant.” This means that compounds such as delta-8 and delta-10 THC would be illegal under this new bill.
California
Last month, Assembly member Cecilia Aguiar-Curry introduced Assembly Bill 2223 which also seeks to define some new terms. The bill would alter the definition of “industrial hemp” to state that no hemp-derived product may legally contain “any synthetically derived cannabinoid.” This is intended to strengthen California’s regulation of cannabinoids like delta-10, delta-8, and THCA.
Stay Up to Date with Hemp Legality at Real Tested CBD!
Check out the Real Tested CBD blog on our website to learn more about CBD legality. As state above, a lack of federal oversight is forcing states to implement their own laws concerning hemp products. As a result, the legal landscape of the CBD industry is constantly evolving. Read our other articles about CBD legality at Real Tested CBD!
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