3rd July 2024
Hemp
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Daily regulatory updates of legal changes in the cannabis sector, including monthly compilations
26th July 2024
- US - Wyoming: A court has denied a preliminary injunction to prevent the state from enforcing the recently passed Senate File (SF) 32. SF 32 bans the sale of hemp products containing delta-8 THC or any synthetic substances and applies a post-decarboxylation calculation for THC in hemp products. The lawsuit was brought by several hemp companies in the state, who claimed that SF 32 is preempted by the federal 2018 Farm Bill. The new law took effect on 1st July and will now remain in effect while the underlying lawsuit is litigated.
25th July 2024
- Canada: Health Canada has released a new webpage with contact information for cannabis and industrial hemp licence holders, applicants and the industry.
22nd July 2024
- Italy: The government-proposed amendment to a security bill, which aimed to restrict hemp to industrial uses only and prohibit the cultivation and sale of hemp flowers regardless of their THC content, has been set aside following the efforts of several industry associations.
12th July 2024
- US - Florida: The Florida Department of Agriculture and Consumer Services (FDACS) has banned two hemp companies from doing business in the state for allegedly selling products that unlawfully appeal to children. As part of the enforcement action, Just Brands agreed to a five-year ban on selling food or hemp products in the state, while High Roller Private Label agreed to a two-year ban on manufacturing hemp gummies. The FDACS alleges the companies violated Section 581.217(7) of Florida statutes, which prohibits hemp products that are “attractive to children”, and posted pictures of some of the products at issue on X.
9th July 2024
- Germany: The Federal Ministry of Food and Agriculture has published the Industrial Hemp Liberalisation Act. The act would allow indoor cultivation of industrial hemp and eliminate the “intoxication clause”, which states that industrial hemp usage for commercial purposes must exclude the abuse of intoxication. The draft bill will later be sent to the Bundestag.
1st July 2024
- US - Iowa: A federal court has denied a preliminary injunction to prevent House File (HF) 2605, a new law that limits the amount of THC in hemp products, from taking effect, press reports. While the court denied the injunction, the presiding judge indicated serious concern that the new law could be unconstitutionally vague over what constitutes a serving – an issue not raised by the plaintiffs as grounds for the injunction. However, the plaintiffs have now filed a new complaint to include this claim. A separate lawsuit filed by several CBD companies also seeks to stop the law due to its vagueness.
1st July 2024
- US - New Jersey: Senate Bill (SB) 3235 has been passed by the legislature and now heads to the governor for final approval. SB 3235 would require a licence from the Cannabis Regulatory Commission or certain liquor licences to sell intoxicating hemp products and would ban cannabis products “not derived from naturally occurring biologically active chemical constituents”. The bill defines intoxicating hemp products as any hemp product with a total THC concentration greater than 0.5 mg per serving or 2.5 mg per package.
25th June 2024
- US - North Carolina: House Bill (HB) 563 has been amended and passed by the Senate and must now be sent back to the House. HB 563 was originally a bill to regulate hemp-derived and kratom products, but the Senate added an amendment that would legalise medical cannabis. The Senate version still contains several restrictions on hemp products, such as limiting the total amount of THC contained in liquid products and restricting sales to adults (21+). The medical cannabis amendment is similar to the Compassionate Care Act that was passed by the Senate last year but failed to pass in the House.
25th June 2024
- US - Louisiana: House Bill (HB) 952 has been signed into law by governor Jeff Landry. HB 952 sets several restrictions on the sale of consumable hemp products, including setting an age limit (21+) and prohibiting sales in fuel stations. The new law also sets limits on the total amount of THC that hemp products may contain, such as limiting beverages to 5 mg of THC, tinctures to 1 mg of THC per ml, and other products to 5 mg per serving and 40 mg per package. A portion of HB 952 that requires retail permits is effective immediately, while the rest becomes effective on 1st January 2025.
13th June 2024
- US - Massachusetts: Legislation aimed at enforcement against intoxicating hemp-derived products will not be addressed until 2025, press reports. Although Massachusetts authorities have issued interpretations that products containing hemp-derived cannabinoids like delta-8 THC are illegal, they say that enforcement must be carried out by local health boards, which in turn say they do not have the resources to do so.
12th June 2024
- Thailand: The Ministry of Public Health (MOPH) has issued draft regulations to re-list cannabis flower as a category 5 narcotic beginning 1st January 2025, press reports. Other parts of the cannabis plant would not be listed as a narcotic. The MOPH will receive public feedback on the proposal until 25th June. However, the draft regulations do not yet appear to be available online.
12th June 2024
- Lithuania: The Seimas (parliament) has approved the amendments to the Fibrous Hemp Law, which create more favourable conditions for the import of fibrous hemp products, media reports. Among other things, the proposed changes seek to specify that the maximum THC content of exported fibre hemp products is determined according to the requirements of the export country. The bill needs to be voted on one more time.
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