Hemp is Heating Up in the South

MC Nutraceuticals is committed to driving positive change in the hemp industry by elevating awareness and advocating for fair regulations to support businesses and consumers. Amid an eventful legislative week, here are some key updates on the regulatory landscape in a few states impacted by the Farm Bill’s varied interpretations.

Georgia

On April 30, 2024, Georgia Governor Brian P. Kemp and other state and local officials signed a package of legislation focused on supporting Georgia’s ever growing agricultural industry. Of particular importance to readers of this blog, was the Governor’s signing of SB 494. This Senate Bill was sponsored by Senator Sam Watson and carried in the House by Representative John Corbett. SB 494 makes changes to the framework for hemp regulation in Georgia to allow the Georgia Department of Agriculture to have greater oversight and enforcement power of hemp and hemp-derived products. In addition, it adds labeling, packaging, and marketing requirements to protect children from misleading and dangerous marketing practices. In addition to the new requirements mentioned above, SB 494 imposes a ban on THCA hemp flower, a product that has gained traction across the country in recent years. 

South Carolina

In a recent turn of events (and fresh on the heels of a timely announcement by the DEA to reschedule marijuana) the South Carolina General Assembly has revived its attempt to legalize medical marijuana for citizens of the Palmetto State. Interestingly enough, South Carolina’s medical marijuana bill also includes regulations for hemp and hemp-derived products in the form of House Bill 4628. Hemp businesses and consumers of hemp-derived products have longed for regulations for their industries and a public hearing on Thursday, May 2nd, provides interested parties an opportunity to discuss these much-needed regulations and how they will impact their ability to consume hemp-derived products. The bill limits ingestible products to twenty-five milligrams per serving and restricts marketing practices around hemp-derived products in the state. Given South Carolina’s legislative session ends on May 9th, it remains unlikely that any meaningful changes will be made to South Carolina’s hemp regulations until 2025.

North Carolina

North Carolina’s House Bill 563 gained traction during last year’s legislative session, passing through the house shortly before the session ended. With a short session this year, there seems to be a strong appetite to pass a similar version of last year’s bill through the Senate chamber. Recent news stories allude to marrying up the hemp regulations with medical marijuana regulations like South Carolina, however, it remains to be seen whether that will actually happen. North Carolina’s language balances consumer safety with market demands in the form of packaging and labeling regulations, testing requirements, and product size restrictions. 

Kentucky

The Kentucky Department for Public Health has filed new administrative regulations with the Legislative Research Commission. These administrative regulations have been filed as both an emergency and an ordinary administrative regulation. These regulations govern hemp-derived cannabinoid products, including sampling and testing requirements. The regulations also discuss the ability to sell hemp-derived cannabinoid products at food establishments, the requirements for retail sale of hemp-derived cannabinoid products, and methods for use of hemp-derived cannabinoid products as an additive to food ingredients. Chief among these requirements is discussion surrounding the need to register hemp-derived cannabinoid products. Public comments for the emergency regulations are due by June 30, 2024 and July 31 for the ordinary regulations. 

Help Protect the Hemp Industry!

We encourage all hemp supporters to write to their local legislators to inform them of how bills in your state will impact your business, livelihood, and access to hemp wellness products. Additionally, contributing to groups such as American Healthy Alternatives Association (and their state specific chapters) can amplify the resources dedicated to lobbying & fair rule-making, which is critical in protecting the interests of the hemp industry.

byPhilip Snow

As an attorney in the cannabis space since 2011, Philip dedicates most of his time utilizing his broad experience to help inform and drive sensible regulations and policy movement within the industry. Since starting with the nation's first marijuana only law firm and taking part in the passage of Colorado's historic Amendment 64, Philip has focused his efforts helping small businesses succeed amid rapidly evolving regulatory landscapes in the cannabis industry. More recently, Philip has focused his practice on the nascent hemp and cannabinoid industry. As a solutions-oriented attorney, he works with clients to comply with rules and regulations governing all aspects of the hemp supply chain. In addition to this, Philip regularly advises state legislators, state agencies, and Members of Congress on the drafting and creation of policies that balance consumer safety with market demand. His work builds upon existing foundations while advocating for responsibility and legitimacy within the hemp industry across the country.