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US: States continue to tighten hemp regulations

Although the weather is (finally) cooling down, states around the country are turning up the heat on hemp products.

On the East Coast, New Jersey Gov. Phil Murphy signed into law legislation that classifies hemp products with more than 0.5 milligrams (mg) of total THC per serving or 2.5 mg per package as "intoxicating hemp products" that can only be sold by licensed cannabis retailers, with 21-plus age restrictions for products containing any detectable THC. However, a last-minute amendment to the bill introduced confusion as to whether it applies to products produced outside the Garden State, which the governor noted would thwart the intent of the bill.

In the Midwest, Missouri Gov. Michael Parson's attempt to ban intoxicating hemp products also faced a battle, while legal challenges have been filed in several states, including Arkansas, Iowa, Maryland, New York, Virginia, and Wyoming (with the hemp industry successfully in only a few of these). State attorneys general have also stepped in, issuing a variety of legal opinions and even filing lawsuits against distributors of allegedly illegal hemp products.

Regulators in these more restrictive states point to public health concerns associated with potentially intoxicating products and synthetically-derived cannabinoids such as delta-8 THC, and in particular minors' access to such products. While sales-related age restrictions can help address this issue, one important player (the marijuana industry) has raised concerns about the equity of state laws related to cannabis — especially in states where the adult-use cannabis/marijuana industry is struggling.

Read more at SupplySide Supplemental Journal.

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