Louisiana’s senators introduced three notable bills during this legislative session: HB 952, SB 237, and SB 495. These proposed bills are set to create significant changes within the local hemp landscape. While reputable hemp businesses support measures to identify bad actors and endorse fair regulations, there’s concern that certain bills could threaten the industry’s survival, or worse, completely eliminate it. Let’s explore the outlines and potential impact of each of these bills on Louisiana hemp.
HB 952: Refining Louisiana’s Current Hemp Regulations
HB 952 is making its way through the legislative process, having already passed the Health and Welfare Committee. This bill is an effort to update existing legislation and address public safety concerns while working closely with Alcohol and Tobacco Control (ATC). HB 952 represents a comprehensive attempt to refine the hemp regulatory framework. If enacted, it is scheduled to become effective on January 1, 2025.Â
Key Highlights:
- THC Serving Size Precision Dosing Tools: Beverages can only contain one serving (8mg) of THC per container and for tinctures and extracts, measuring devices will be required to ensure accurate dosing. All other products would need each serving to be separate & unattached in the package.
- ATC Oversight and Compliance: More rigorous ATC licensing standards, with detailed protocols and repercussions for violations concerning the production & sale of hemp.
- Age Verification & Access Restrictions: All hemp products must be sold behind counters to enforce age verification processes and limit consumer direct access, further safeguarding against underage purchases.
- Restriction of THC homologues: Products are required to contain only THC compounds naturally derived from hemp, for example THCp.
- Hemp Flower Prohibited: The sale of hemp flower will be banned entirely.
- Enhanced Labeling: Products must now include clearer labeling with easy access to Certificates of Analysis (COAs), fostering transparency and informed choices.
SB 237: The Push to Prohibit THC and Limit Hemp to Industrial Use Only
SB 237 focuses strictly on industrial hemp while prohibiting all other hemp, setting a zero-tolerance stance. This bill would eliminate the hemp manufacturer, distributor, & retail sectors in Louisiana. The implications of SB 237 are profound with a potential loss of 2800+ jobs and mid range estimate of $250 million in revenue (2023 National Cannabinoid Report). If passed, the enforcement of this legislation would initiate on August 1, 2024.Â
Central points outlined in SB 237:
- Complete Prohibition of THC: A sweeping ban on the sale of any consumable hemp products containing traceable amounts of THC.
- Industrial Hemp Focus: Centers exclusively around industrial hemp, completely eliminating hemp consumables.
SB 495: Tightening the Reins on Hemp Distribution in Louisiana
Louisiana’s SB 495 takes a stringent stance on the hemp consumables market with a set of new prohibitions and licensing demands that could reshape the industry’s retail and distribution networks. If enacted, these changes look to centralize power within the distribution sphere. However, the provisions carry sizable implications for current and future market participants, underscoring the need for industry adaptation and compliance by the specified effective dates.Â
SB 495 Highlights:
- Hemp Beverage Ban: Prohibit all beverages containing CBD/THC, despite their widespread popularity in Louisiana.
- Retail Restrictions: Remove hemp consumables from convenience stores that also sell gasoline or diesel, limiting points of consumer access.
- Rigorous Licensing & Central Distribution Requirements: Applies to all entities within the production and distribution chain. Eligibility contingent upon those who were licensed prior to December 31, 2021, and those with pending ‘Good Manufacturing Practices’ certification applications by December 31, 2023. The proposed law requires all hemp inhalable & ingestible products to be manufactured and distributed solely by licensed consumable food manufacturing distributors.
- Synthetic Cannabinoid Definitions: The language leaves some ambiguity about what constitutes a ‘synthetic cannabinoid’, which could complicate legal interpretations and enforcement.
- Physical Presence and Licensing: Any person or entity dealing in wholesale or retail hemp product sales must have a registered physical business within Louisiana and obtain licensing from the Louisiana Department of Health.
Conclusion: Impact To Louisiana Hemp
The outcome of Louisiana’s impending hemp legislation—HB 952, SB 237, and SB 495—could be far-reaching, risking substantial job losses and a severe financial hit. Potentially eroding over $250 million in revenue and tax contributions that fund critical services like early childhood education. There’s also a real risk of fueling the black market as restrictions drive consumers to seek hemp products from out-of-state sources, harming local farmers and undermining the integrity of the hemp market. It’s crucial that upcoming regulations strike a balance that maintains industry health and safeguards public interest without stifling economic growth.
Louisiana Hemp Enthusiasts: Write To Your Senator!
At MC Nutraceuticals, we’re calling on Louisiana hemp advocates to make their case to their local senator regarding HB 952, SB 237, and SB 495. It’s critical to express how these bills will impact you, the livelihoods of thousands of hemp workers & business owners, those who count on hemp for their well-being, and the fate of our industry. Reach out to your representatives now—every message helps shape the outcome for our hemp community!
