Legal Landscape Shifting As Hemp-Derived THC Brands Proliferate
March 12, 2024The legal landscape for delta-8 and other forms of hemp-derived THC continues to shift in states across the U.S. Some states, like Florida, are moving to ban delta-8, as well as reduce the potency of all hemp-derived THC products through legislative measures, where in other states, like New York, hemp-derived THC producers are pushing back against new regulations through the courts. Delta-8 products—a particularly popular target for legislation—are banned in 17 states and heavily regulated in seven more, according to the National Cannabis Industry Association.
In Florida, legislators have moved to ban delta-8 THC production and cap the amount of hemp-derived THC in products throughout the state. The limit would make any products containing more than 5-mg. of THC per serving or 50-mg. per package illegal. The move, which passed the Florida Senate unanimously and succeeded despite considerable opposition in the House, is now headed to Governor DeSantis’s desk. If signed into law, delta-8 THC products would be banned and the new THC cap would go into effect on November 1.
While the 5-mg./50-mg. limit is higher than the originally proposed 2-mg./10-mg., companies operating in the state say that it won’t be enough to sustain the state’s industry. In addition, the industry, along with individuals, have pleaded with Florida politicians not to ban delta-8 THC, which proponents say offers a range of medical benefits.
Meanwhile, producers operating in the Empire State are attempting to loosen restrictions on hemp-derived THC products, with 10 companies coming together to file a lawsuit against the New York Cannabis Control Board, CCB’s chair Tremaine Wright, the Office of Cannabis Management, and OCM’s executive director Chris Alexander. The suit claims the November 2023 regulations issued by the state violate that companies’ constitutional rights. The regulations include a mandatory 15-to-1 ratio of CBD to THC in all hemp-derived products.
One of the plaintiffs—Washington state’s Cycling Frog—has successfully sued New York State over hemp-derived THC in the past, which influenced the current regulations.—Shane English
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