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Louisiana House Bill to Regulate Hemp Products Advances Along With Senate Bill to Ban

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In one of the most recent efforts in the U.S. taking a closer look at the hemp-derived cannabinoid market and associated products, Louisiana lawmakers have turned their attention to THC consumables in the state.

Specifically, the House recently advanced a proposal that would further regulate the hemp industry in Louisiana while the Senate advanced a proposal of its own that would outright ban hemp-derived products, according to a NOLA.com report.

The Louisiana House passed House Bill 952 in a 75-23 vote, which would keep consumable hemp products legal while introducing more stringent restrictions. Specifically, if passed, the bill would allow just one serving per containing for THC beverages, maxing out at 8 mg of THC. As it stands, products can be sold in larger containers with up to 100 mg intended for multiple doses.

It would also set the buying age for THC products to 21 and older and move these products, except seltzers, behind the counter of retailer establishments mirroring the sale of tobacco products. The bill would also require manufacturers to test every batch of consumable hemp products.

Additionally, the state Office of Alcohol and Tobacco Control commissioner would have authority to ban manufacturers from creating consumable hemp products upon first violation of the law, should the violation be found as “egregious,” according to sponsor Rep. Dustin Miller (D).

“At the end of the day, they don’t want to have to come here every year fighting to keep this going,” Miller said. “They would like some stability so that they can move on and focus on producing their products and running their business.”

Rep. Laurie Schlegal (R) made an amendment to the bill in an attempt to ban the products altogether, though it failed in a 40-56 vote. Still, another effort looking to do just that has advanced in the Senate.

The bill, Senate Bill 237, also recently advanced and would outright ban consumable hemp products. The vote was mostly along party lines, with most Republicans voting in favor and most Democrats voting against it.

The bill is sponsored by Sen. Thomas Pressly (R), who said in March that he expects to work with stakeholders to change the bill and work out a compromise, though he still supports a full ban.

“I think the right spot is somewhere between this bill which completely outlaws it, and where we are currently where it’s free market galore,” he said at the time.

Rep. Danny McCormick was an unlikely supporter of the House bill, who noted on the legislative floor that lawmakers can’t dictate morality of human behavior. He referenced alcohol’s legal status, despite dangers of drunk driving, addiction and alcohol-related violence, noting that lawmakers should find a way to keep hemp products legal too.

“Are we really going to come in this room and we’re going to pass a law to make this illegal instead of regulating it, and then we’re going to all walk across the street and drink alcohol?” McCormick asked.

The Bayou State joins the handful of other states that have introduced policy to further regulate or ban hemp products, as the 2018 Farm Bill effectively legalized the crop and related cannabinoids—so long as it does not contain more than 0.3% THC by dry weight.

Since its passing, myriad producers have introduced products with psychoactive amounts of THC, but since the original crop meets the definition for hemp from the Farm Bill, they are technically legal under federal law and in states that have yet to legalize adult-use cannabis (so long as they have not banned these products specifically).

However, some lawmakers claim that producers took advantage of a loophole in creating THC-rich, hemp-derived products and are looking to tighten the reins. Some are also hoping that the upcoming iteration of the Farm Bill will address the production of psychoactive hemp-derived cannabinoid products.