Regulating hemp and associated products, providing penalties, and including effective date provisions

BACKGROUND —— CONSUMABLE HEMP PRODUCTS.2(9)). This includes a consumable hemp product.2(2)). _____ skin. Finally, the consumable hemp product must meet a maximum quantity limit not to exceed milligrams per serving and milligrams per container measured on a dry weight basis.14A). BACKGROUND —— CONSUMABLE HEMP PRODUCTS REGULATION. 156).14C). A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. BACKGROUND —— CHANGES IN FEDERAL LAW. Congress enacted Pub. L. 119-37, Division B, which revised provisions regulating hemp first enacted in the federal Agricultural Improvement Act of 2018.3 percent delta-9 THC on a dry weight basis to a total THC standard that includes delta-9 THC, tetrahydrocannabinolic acid (THCA), delta-8 THC, and all other tetrahydrocannabinols. The new federal law excludes from the definition of “hemp” a cannabinoid that is not naturally produced by the cannabis plant.4 milligrams of total THC. The effective date of the new federal law is November 12, 2026. BILL’S PROVISIONS —— ORGANIZATION. The bill includes three Code chapters regulating hemp and hemp products. The bill amends Code chapter 204A by recognizing the production and transportation of raw hemp under federal license (a hemp plant produced and harvested and raw hemp stored and transported by a USDA licensee). _____ provides for the general regulation of a hemp product by DALS as an article under Code chapter 189. The bill amends Code chapter 204 by providing that regulation by HHS is limited to a consumer hemp product. The provisions in Code chapter 204 are transferred to Code chapter 204C. BILL’S PROVISIONS —— CHANGES IN FEDERAL LAW (CODE CHAPTER 204A, NEW CODE CHAPTER 204B, AND TRANSFERRED CODE CHAPTER 204C). The bill does not refer to changes in federal law. BILL’S PROVISIONS —— HEMP (CODE CHAPTER 204A). The bill specifically excludes from the definition of hemp a synthetic cannabinoid (not derived from a raw naturally occurring cannabinoid) and a semisynthetic cannabinoid (extracted or derived from raw hemp but chemically altered). The bill provides that the lawful status of a hemp flower cannot be determined solely by the quantity possessed, stored, transported, or transferred, if the hemp flower complies with an acceptable hemp THC level. The bill also provides that when testing a hemp plant or raw hemp, compliance with an acceptable hemp THC level as applicable is determined in accordance with the federal and state law in effect at the time that the hemp plant is produced. BILL’S PROVISIONS —— HEMP PRODUCTS GENERALLY. The bill provides that the provisions in new Code chapter 204B do not apply to a synthetic cannabinoid or semisynthetic cannabinoid. The bill provides that a hemp product is considered to be an article that may be processed, stored, transferred, transported, or distributed in commercial channels as provided in Code chapter 189.1). _____ DALS, (3) the hemp product must have a use limited to ingestion or absorption, and (4) the hemp product must have a total THC concentration established by DALS by rule that is less than the maximum allowed for a consumable hemp product. The bill does not specify a specific milligrams per serving or per container limit. A person who violates a provision of new Code chapter 204B is subject to a civil penalty of not less than $500 and not more than $2,500. A person who distributes an on-farm minimally processed hemp product to a person under years of age is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. An underage person who consumes an on-farm minimally processed hemp product is subject to a scheduled fine ranging from $70 to $325. The bill provides that a state agency cannot act to regulate the production, processing, marketing, transfer, or distribution of a hemp product that complies with the requirements of new Code chapter 204B and transferred Code chapter 204C. The provisions of new Code chapter 204B and transferred Code chapter 204C preempt local legislation adopted by a local governmental entity regulating the production, processing, marketing, transfer, or distribution of a hemp product. The bill provides that new Code chapter 204B and transferred