What’s happening across the United States with hemp and cannabis regulations? Let’s dive into the latest updates.

Introduction

Hi, I’m Morgan Davis, a business attorney based in Raleigh, North Carolina, focusing on cannabis and wellness. Let’s talk about how to keep your business protected and thriving.

Navigating the complexities of cannabis compliance is crucial, especially as regulations tighten. Non-compliance is not an option anymore, with enforcement becoming increasingly stringent. Here’s a roundup of significant regulatory changes from the past 60 days.

State-by-State Updates

South Dakota

As of March 26, 2024, South Dakota has passed a law banning products made from chemically altered or converted hemp. The law is broad, but it does carve out exceptions for:

• Products produced by decarboxylation from naturally occurring cannabinoids without chemical catalysts.
• Non-psychoactive cannabinoids in topical products.

If your products involve chemical conversion, South Dakota now presents compliance challenges.

Wyoming

Wyoming’s new law, effective July 1, 2024, bans synthetic cannabinoids and all psychoactive substances. This comprehensive ban means Wyoming is no longer a friendly market for most hemp products.

Florida

Florida, a significant market for hemp products, has passed a new bill awaiting the governor’s signature. Key changes include:

• New labeling and packaging requirements.
• A cap of 5 mg per serving and 50 mg per package, effective October 1, 2024.
• A shift from dry weight to wet weight measurements, benefiting the beverage industry.

High milligram products will soon face restrictions in Florida.

Arizona

Arizona’s Attorney General has issued a memo targeting delta-8 products and synthetic cannabinoids, emphasizing that the state’s hemp definitions are more restrictive than federal standards. The AG’s letter suggests that all intoxicating hemp products might be prohibited under current Arizona law, although enforcement remains to be seen. Proposed legislation could make hemp-derived manufactured cannabinoids controlled substances, further restricting the market.

Georgia

Senate Bill 494 in Georgia introduces significant changes, effective in stages from July 1, 2024:

• A ban on selling consumable hemp products within 500 feet of schools.
• Restrictions on sales to individuals under 21.
• Total Delta-9 THC limitation on all products.
• Requirement for certificates of analysis (COA) obtained within the last 12 months from certified labs.
• New licensing structure for growers, manufacturers, wholesalers, and retailers.

Conclusion

Stay informed and compliant with these updates to protect your business and ensure continued success in the evolving cannabis industry. Join us next month for the latest regulatory changes impacting your business.