More states that allow hemp THC beverages and other popular 2018 Farm Bill-compliant products are moving to tighten state rules ahead of a looming federal ban.
The Rhode Island Cannabis Control Commission (CCC) wants to halt the sale of THC-infused beverages at establishments with a liquor license, the Rhode Island Current reported.
Separately, if a proposal to legalize adult-use cannabis in Pennsylvania advances, lawmakers want it to include a new, tighter definition of hemp that would ban most intoxicating hemp-derived THC products, according to CNHI News.
US hemp industry in federal jeopardy, but states also tightening rules
From farmers to retailers and everywhere in between, the U.S. hemp industry is in a state of flux ahead of a redefinition of hemp under federal law that takes effect in November.
Most hemp-derived THC products – including THCA flower and products containing delta-8 THC – will become controlled substances after a budget bill signed by President Donald Trump closed the so-called “loophole” created by the 2018 Farm Bill.
Amid pressing, unanswered questions about enforcement – and whether states will allow hemp THC sales after the federal ban – state lawmakers and regulators are adjusting their own rules.
Are hemp THC drinks legal in Rhode Island?
In Rhode Island, more than 100 retailers obtained a permit from the state’s former Office of Cannabis Regulation to sell THC beverages, the Current reported.
THC beverages are limited to no more than 1 milligram of THC per drink and a maximum of 5 milligrams “per package.”
But more recently, the state CCC sent a recommendation to the state General Assembly that THC drinks be banned at bars, restaurants and other businesses with a liquor license.
“All retailers selling intoxicating hemp products should be held to similar high safety standards as cannabis retailers,” Carla Aveledo, the CCC’s chief of policy, told the Current.
That’s being cheered on by the state’s existing cannabis operators, who view hemp THC as an unwelcome competitor.
And it’s opposed by lobbyists for the hospitality industry, for whom hemp drinks are seen as a necessary new revenue stream amid declining alcohol consumption.
The CCC sent its recommendation to state lawmakers on March 1. But reviewing rules could take until 2027 – and may hinge on what happens at the federal level, a spokesperson told the Current.
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Pennsylvania cannabis regulation proposal now includes hemp THC ban
One of the nation’s biggest medical-only markets, along with Florida, Pennsylvania has failed several years running to legalize adult-use cannabis despite popular support and urging from Gov. Josh Shapiro.
But if a regulatory bill sponsored by Republican state Sen. Dan Laughlin becomes law, intoxicating hemp products will be banned, CHNI reported.
Laughlin’s Senate Bill 49, which proposes a new cannabis regulatory agency, was amended on Monday to add a state redefinition of hemp, CHNI reported.
“As the federal government updates its definition of hemp, Pennsylvania needs to make sure our laws remain consistent and enforceable,” Laughlin said, according to CHNI.
“Amending Senate Bill 49 to mirror these federal changes helps close the same loopholes that allowed intoxicating hemp products to flood the marketplace with little oversight.”
Which states have moved to ban or restrict hemp THC?
Other states that have recently adjusted their statutes to tighten rules around hemp include:
- Texas, which will ban THCA flower starting March 31
- Ohio, where a ban on hemp-derived THC products sold outside of cannabis retailers takes effect March 20
