Hemp Product Restrictions Increasing Across the Nation

Delta 9 THC Warning Symbol | Image credit: © KP MEDIA - stock.adobe.com

On April 2nd, 2024, the Iowa Senate passed a bill, House File 2605, that created restrictions and penalties for hemp products sold in the state (1). The bill was sent to Governor Kim Reynold and if signed, will limit the amount of tetrahydrocannabinol (THC) to 4 mg per serving in a hemp product with a limit of 10 mg per container, restrict the sale of hemp products to individuals 21 and older, and create other restrictions such as on the sale of alcoholic beverages containing THC (1,2).

The Iowa Hemp Act was passed in 2019 and some argue it created loopholes for the sale of unregulated hemp products and could be taking away from the state’s medical cannabis program (1). “The medical cannabidiol program actually puts an individual with a doctor to get these products, that’s the biggest distinction,” stated Senator Dan Dawson (1). “The Iowa hemp program has none of those barriers there. So if we want to protect Iowans with these products...there has to be some type of guardrails on here, to make sure that the medical cannabidiol program is the program that we can direct Iowans to when they have one of these diagnosed conditions.”

The bill passed with a 31-18 vote (1).

Similarly, Georgia also recently passed a bill regulating hemp products. On April 4th, 2024, the Georgia Senate passed a bill, SB 494, that would create regulations for hemp products, including products containing cannabidiol (CBD) (3). The bill has been sent to Governor Brian Kemp and if signed, would require several changes to the sale of hemp products, though not ban them entirely (4). SB 494 would, among several other actions, (3,4):

• Require certificates of analysis and labelling for products
• Require a maximum level of contaminants in the products
• Restrict advertising and limit retail selling of products
• Prohibit sales to individuals under 21 years of age

The Department of Agriculture would also be authorized to enforce certain criminal laws (3).

Late last month, 21 attorneys general sent a letter to Congress requesting action be taken in the upcoming reauthorization of the Farm Bill concerning the ambiguities that inadvertently allow for intoxicating hemp-derived cannabinoids (5). The letter noted the products’ potency, risk to youth, and the limited action that can be taken to contain their effects on safety, health, and the regulated cannabis markets (5). “The definition of hemp should be amended to clarify that there is no federal hemp intoxicants loophole, and the 2023 reauthorization should reaffirm that members of Congress do not intent to limit states in restrictions or regulations related to cannabinoids or any other derivatives of hemp which are deemed intoxicating,” the letter read (5).

The attorneys general of Iowa and Georgia were among those who signed the letter (5).

Related: Read our coverage of a GMP Collective webinar on safeguarding consumers in the era of intoxicating hemp and synthetic cannabinoids.

References

1. Opsahl, R., Bill restricting consumable hemp products heads to governor’s desk. Iowa Capital Dispatch. https://iowacapitaldispatch.com/2024/04/02/bill-restricting-consumable-hemp-products-heads-to-governors-desk/ (accessed Apr 9, 2024).
2. House File 2605. The Iowa Legislature. https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=HF%202605 (accessed Apr 9, 2024).
3. Georgia Senate Bill 494 https://legiscan.com/GA/text/SB494/2023 (accessed Apr 9, 2024).
4. Wheatley, T. New rules for Delta-8 and other hemp-infused products https://www.axios.com/local/atlanta/2024/04/04/georgia-delta8-delta9-cbd-new-law (accessed Apr 9, 2024).
5. Hult, J., Jackley among attorneys general to call on Congress to restrict ‘diet weed’ in next farm bill https://southdakotasearchlight.com/2024/03/27/jackley-among-attorneys-general-to-call-on-congress-to-restrict-diet-weed-in-next-farm-bill/ (accessed Apr 9, 2024).