Intoxicating Hemp Products Face Regulatory Crackdown Across Multiple States

Zinger Key Points
  • Several states crack down on intoxicating hemp products like delta-8 THC, delta-9 THC and others.
  • South Dakota, Louisiana, Iowa and Nebraska lead this effort, implementing strict regulations.

Several states have recently enacted stringent measures to curb the sale of intoxicating hemp-derived products.

South Dakota, Louisiana, Iowa and Nebraska are at the forefront of this crackdown, each implementing laws aimed at restricting the availability of substances like delta-8 THC, delta-9 THC and other psychoactive compounds derived from hemp, Hemp Today reported.

See Also: How South Dakota Became The US’s Top Hemp Producer In Just Three Years

South Dakota: Court Upholds Ban On Intoxicating Hemp Products

South Dakota’s new legislation, signed into law by Governor Kristi Noem, has taken effect amidst legal challenges. The law prohibits the production, sale and distribution of chemically modified or converted industrial hemp products that mimic the effects of marijuana. This includes popular items like gummies, vape pens, and smokable hemp flowers.

U.S. District Judge Eric C. Schulte recently ruled against a challenge to the law’s constitutionality, asserting that the state’s actions were within its rights to protect public health.

Despite ongoing legal battles, the law remains enforceable, prompting retailers such as Pierre-based Hemp Quarters 605 to weigh their legal options carefully.

Louisiana: Stricter Regulations On Hemp Products

In Louisiana, Governor Jeff Landry signed House Bill 952, tightening regulations on hemp-derived products. The new law prohibits the sale of intoxicating hemp products in gas stations and licensed alcohol retailers, targeting substances that could potentially yield psychoactive effects.

Notably, products containing THC are limited to trace amounts unlikely to produce a high, with stringent packaging and marketing restrictions enforced to prevent appeal to minors.

Iowa: Ban On Intoxicating Hemp Compounds

Iowa has also taken steps to curb the availability of intoxicating hemp compounds. Under new legislation, products containing THC, whether natural or synthetic, are strictly regulated.

This includes bans on dried hemp flowers intended for smoking and limits on THC content in consumable hemp products. The state has faced legal challenges from local hemp beverage companies, highlighting ongoing tensions surrounding the regulation of THC in consumables.

Nebraska: Legal Actions And Consumer Protection

Meanwhile, Nebraska’s Attorney General Mike Hilgers has pursued legal actions against vape shop owners accused of deceptive advertising and violating consumer protection laws.

These efforts underscore concerns over the safety and mislabeling of intoxicating hemp products sold across the state.

In a statement, Hilgers said: "I am proud to announce these settlements, which represent important steps towards getting these untested, mislabeled, and dangerous THC products off the shelves in Nebraska.

Federal Oversight And Industry Response

The regulatory landscape for intoxicating hemp products remains unsettled at the federal level, leaving states to address consumer protection concerns independently.

With Congress deliberating on amendments to the next Farm Bill, stakeholders across the hemp and marijuana industries advocate for clarity in regulations to level the competitive playing field.

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Photo: Courtesy of Creativan via Shutterstock 

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