Florida and California have both made major moves in regulating intoxicating hemp products, continuing a wave of state-level action to address concerns over the rise of THC-infused hemp goods.
In Florida, new rules that aim to prevent marketing to children and tighten packaging standards are now in effect, while in California, Gov. Gavin Newsom’s emergency ban on intoxicating hemp products has been extended for another 90 days.
Florida’s new regulations, which took effect Wednesday, are aimed at preventing access to hemp products by minors. The rules require child-resistant packaging for consumable hemp products and clearer labeling guidelines, including requirements for QR codes that lead consumers to product websites with detailed information.
Politics here
The Florida Department of Agriculture and Consumer Services is also tightening rules on how products can be marketed, ensuring that the packaging doesn’t appeal to children – a common complaint by the products’ detractors.
In Florida, last year’s defeat of Amendment 3 in a referendum, which sought to legalize recreational marijuana, has led to a political shift where Gov. Ron DeSantis, backed by producers of intoxicating hemp products, has effectively created a two-track market for high-producing cannabis, allowing unregulated hemp-derived intoxicants to thrive in convenience stores and gas stations, with medical marijuana available only by prescription.
Politics there
In California, Gov. Newsom’s administration has extended an emergency ban on hemp products containing THC following the initial ban in September 2024. The move comes after state lawmakers failed to pass a comprehensive regulatory framework for intoxicating hemp products. Proponents, including the state’s cannabis industry, argue that the ban is crucial to protect public health and safety, particularly to keep such products away from children.
However, the hemp industry has raised concerns about the impact of the ban on legitimate businesses offering non-intoxicating CBD products.
The rise of intoxicating hemp products has led to severe regulatory crackdowns in California, where new restrictions on THC levels and packaging are undermining the legitimate CBD market, blurring the lines between hemp and marijuana, and eroding public trust.
Developments in other states:
Georgia: State lawmakers this month embarked on a discussion about new rules to address concerns over the safety and marketing of THC-infused hemp goods, with a particular focus on the growing number of products, which some criticize are being marketed to minors. Despite these concerns, the state’s approach to regulating these products is still in the early stages, with no comprehensive plan yet in place.
Kentucky: The state Senate this week approved a bill to regulate hemp-derived THC beverages, providing a legal framework for these products while ensuring consumer safety. The new bill is seen as a positive move by the hemp industry, which has been pushing for clearer guidelines. Kentucky has avoided a full ban on THC beverages, as some lawmakers had proposed, and the focus is now on creating robust regulations that balance safety and industry growth.
Ohio: The state is looking to regulate intoxicating hemp products more strictly through a new bill currently under consideration. The proposed legislation aims to limit the sale of these products to licensed marijuana dispensaries, a move that could bring more uniformity to the state’s regulatory environment. Advocates argue that this approach would help ensure that hemp-derived intoxicants are regulated similarly to cannabis products, with appropriate oversight.
Farm Bill resolution?
As states are forced to take the lead in protecting consumers from unregulated intoxicating hemp products, the looming reauthorization of the U.S. Farm Bill could provide a federal solution to the issue. The bill is expected to include provisions that would clarify the legal status of hemp-derived cannabinoids, including those with psychoactive effects. Industry leaders are advocating for more uniform regulations across the country, hoping that federal action will resolve the confusion and inconsistency at the state level.