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State Legislators Eye Tighter Regulation For Hemp THC Category

June 4, 2024

With the continued rise of hemp-derived THC products, legislators in states across the U.S. are looking at ways to regulate the new category. State lawmakers in Texas, Illinois, and Florida are working to create a regulatory framework for hemp-derived THC products, claiming that many operators in the space are taking advantage of legal loopholes and operating in a gray market that is too easy for children to access.

In Texas, state Senator Charles Perry implored fellow lawmakers to address the unregulated hemp-derived THC market in the state’s 2025 legislative session. Perry, who sponsored the 2019 Texas Farm Bill that inadvertently created the hemp-derived THC market, says retailers are taking advantage of loopholes in the law to sell intoxicating products well beyond the intended scope of the bill. Despite his opposition to the current market, Perry does not support an outright ban, pointing to increased regulation as his chosen path to rein in Texas’s hemp-derived THC market.

Next year’s Texas legislation could also address loose rules around testing, add age restrictions to sales, and switch from a registration model to a license model for retailers seeking to sell hemp-derived THC products.

Lawmakers in Illinois are addressing similar issues, with both state senators and the governor supporting restrictions on hemp-derived THC sales. However, a measure was put up to a vote in the last legislative session and while it passed in the state Senate, the House never voted on the bill. The bill would have limited products to 0.3% THC, a level that industry advocates say is too low and makes production virtually impossible.

While Texas and Illinois are seeking to restrict and regulate the hemp-derived THC market, lawmakers in Florida are aiming for an outright ban, although it appears unlikely to succeed. While the ban has support in Florida’s state government, Governor Ron DeSantis has signaled that he will veto it. Local news sources say that DeSantis—who is opposed to the state’s cannabis legalization initiative, on which voters will decide this fall—is planning to veto the hemp ban to get the hemp industry to oppose cannabis legalization in the Sunshine State.—Shane English

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