The hemp industry took a step forward as one state expanded its hemp program and one non-hemp program state created a hemp task force. On the other hand, the Department of Defense has announced a ban on service members using hemp-derived CBD products; one state passed a CBD excise tax; one state killed a favorable hemp bill; a governor published an anti-hemp op-ed; and a state agency announced hemp may not be sold in foods or dietary supplements. Below is a review of the latest hemp legal changes listed state-by-state.
California’s Senate Appropriations Committee has held Assembly Bill 228, effectively killing the bill for the remainder of the session. AB 228 would have explicitly permitted the retail sale of hemp-derived CBD as a food, dietary supplement, and topical product. The bill had unanimously passed the California Assembly, Senate Health Committee, and Senate Business and Professions Committee.
Louisiana has authorized a 3% excise tax for hemp-derived CBD products beginning in 2020.
Mississippi has created a Hemp Cultivation Task Force to study the hemp industry’s potential in Mississippi. This could be an important step toward making Mississippi the 48th state with a hemp program.
Nevada passed two bills expanding and improving its hemp program. Notably, the retail sale of hemp-derived CBD will be explicitly authorized in July 2020 for products meeting testing and labeling requirements.
The South Carolina Department of Agriculture issued a guide stating it is unlawful to sell food or dietary supplements containing hemp-derived CBD, apparently relying on the FDA’s guidance.
Governor Kristi Noem published an op-ed in the Argus Leader arguing that “[l]egalizing industrial hemp legalizes marijuana by default” and is a step backward, casting further doubt on hemp-derived CBD’s future in the Mount Rushmore State.