9th August 2024
IHDC
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Global business and regulatory news covering the cannabis industry
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Daily regulatory updates of legal changes in the cannabis sector, including monthly compilations
26th August 2024
- US - Missouri: Missouri secretary of state Jay Ashcroft blocked governor Michael Parson’s emergency order banning unregulated hemp-derived intoxicating food products, saying that the proposed order did not meet legal requirements. Recreational and medical marijuana are both legal in Missouri, but the governor’s executive order was aimed at particular THC compounds that are not regulated, including delta-8. The order was supposed to take effect on 1st September, pending Ashcroft’s approval of the emergency rules, and now that will likely be delayed for at least six months, Parson said in a letter. Parson has said a ban on hemp-derived THC products is necessary because children have mistaken them for candy. He further said that he ordered the Missouri Division of Alcohol and Tobacco Control to resubmit the emergency rule on hemp-derived THC.
19th August 2024
- US - Wyoming: Wyoming’s ban on the sale of hemp products containing delta-8 THC or any synthetic substances will remain in place after a federal judge granted the state’s motion to dismiss the case. The lawsuit was brought by several hemp companies in the state claiming that Senate File 32 is preempted by the federal 2018 Farm Bill. The judge reiterated in his ruling that the plaintiffs did not prove the statute is unconstitutional, including claims the ban violates interstate commerce law. “The fact that the plaintiffs are unhappy with the substances (the ban) prohibits does not make the law vague,” judge Rankin said, according to local media. The plaintiffs have filed an appeal to the 10th Circuit Court of Appeals.
19th August 2024
- Slovakia: At a meeting in Brno (Czech Republic), the Slovak commissioner for children and the Czech defender of public rights discussed the need for greater protection of children and adolescents from addiction to substances such as HHC and HHCP (hexahydrocannabiphorol), media reports. Slovakia is looking for ways to address the issue. The bill amending the list of prohibited substances is late, so the Slovak commissioner is currently working on implementing a ban on the sale of foods containing HHC and HHCP.
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.
27th June 2024
- US - Nebraska: State attorney general Mike Hilgers announced that two settlements have been reached in lawsuits against vendors of delta-8 THC products in the state. Hilgers sued ten delta-8 vendors last year, claiming that the products they were selling were misleading to consumers and not properly labelled. According to the settlement, one vendor is shutting down while another agrees to no longer sell THC products, and the parties agreed to turn over remaining THC products for destruction. However, the vendors will face no financial sanctions as long as they do not breach the settlement agreement.
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.
10th June 2024
- US - Florida: Governor Ron DeSantis has vetoed Senate Bill (SB) 1698, which would have prohibited most products containing intoxicating hemp-derived cannabinoids (IHDCs) like delta-8 THC and limited the amount of total delta-9 THC in hemp products. In explaining the veto, DeSantis warned against the effect that the bill would have had on small businesses and encouraged the legislature to focus on regulating hemp products in the areas of quality control, packaging and retail sales instead of banning products.
31st May 2024
- US - Florida: Governor Ron DeSantis is moving towards vetoing Senate Bill (SB) 1698, which would prohibit most products containing intoxicating hemp-derived cannabinoids (IHDCs) like delta-8 THC and limit the amount of total delta-9 THC in hemp products, press reports. SB 1698 was passed by the legislature in March, but has not yet been transmitted to DeSantis for his assent. A potential veto could come as a shock to many, as DeSantis is actively campaigning against a ballot measure in November that could legalise recreational cannabis in the state.
29th May 2024
- Ireland: The Health Service Executive (HSE) has shown its concern about the use of vaping products containing HHC among teenagers, press reports. According to the HSE, 20% of young people attending adolescent addiction services presented issues related to the consumption of HHC-containing vaping products. The HSE’s clinical lead on addiction, Eamon Keenan, has said that he aims to propose the inclusion of HHC in the list of banned substances. As of today, since HHC is not considered a banned substance, vaping products containing HHC can be sold legally.
6th May 2024
- Czech Republic: The lower chamber of Parliament has passed the proposal to regulate hemp extracts with a THC content of up to 1% and HHC, among other psychoactive substances, media reports. The proposal would restrict sales, prohibit advertising, and introduce registration requirements for such substances. The bill is subject to approval by the European Commission and will need to be approved by the Senate.
3rd May 2024
- US - Federal: Democrats on the Senate Agriculture, Nutrition, and Forestry Committee, who hold the majority, have released their summary of proposals for the next Farm Bill. In the section addressing hemp, the summary notes defining “industrial hemp” to lower “regulatory barriers for farmers who are growing industrial hemp for grain and fiber” and eliminating the prohibition on “persons who were previously convicted of a felony relating to a controlled substance from participating in the program or producing hemp”. Notably, the summary does not include amending the hemp definition to prohibit deriving intoxicating cannabinoids from hemp.
22nd April 2024
- US - Missouri: In response to concerns over the safety of certain hemp products, Missouri attorney general Andrew Bailey has launched a consumer protection investigation. His office has issued civil investigative demands (CIDs) to a handful of businesses, with two targeting hemp manufacturers and retailers alleging that the companies may have engaged in illegal means to market and sell these products to Missourians. “This investigation will inquire into the activities and representations of certain sellers in connection with the manufacturing, sale, marketing, advertisement, promotion, and/or distribution of products containing CBD, Delta-8, and Delta-9 THC,” the CID reads. Bailey believes that these companies have used deception, fraud, false promise, misrepresentation and unfair practice in connection with the sale or advertisement of CBD and delta-8 and delta-9 THC products.
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