We are five months into the new year, and more than ten states have already enacted laws with varying approaches to regulating products with hemp-derived cannabinoids. Some states are quite restrictive, banning or severely limiting THC content, while others have established a regulatory framework that allows the sale of higher THC hemp products subject to certain requirements. This roundup highlights some of the most impactful state hemp laws enacted in 2024 to date.

Connecticut

Governor Ned Lamont signed a series of bills significantly tightening regulations on hemp products in Connecticut. These new restrictions essentially undo the hemp product laws passed last year. Beginning July 1, 2024, online sales will be prohibited, and only licensed cannabis retailers and ‘package’ (liquor) stores will be permitted to sell THC beverages. After October 1, 2024, all products will be subject to one milligram/serving and five milligram/container limits except for infused beverages, which may contain 3 milligrams of THC per 12-ounce container. Beginning January 1, 2025, all products will be subject to THC limits of .5 milligrams/serving and 5 milligrams/container.

Florida

SB-1698, a bill that passed both houses in Florida, has yet to be considered by Governor Ron DeSantis for a veto or a signature. The legislature must formally present the bill to the Governor, who has 15 days to sign or veto it. The bill would limit THC concentration to 5 milligrams per serving and 50 milligrams per container and prohibit delta-8 THC, delta-10 THC, HHC, THC-O-acetate, THC-P, and THC-V.

Georgia

At the start of May, Georgia enacted SB 494, imposing a regulatory framework for the sale of hemp products. The new law closes the so-called THCA loophole by establishing a total THC limit for products. The law expressly allows the sale of "consumable hemp products," which include products intended to be ingested, absorbed, or inhaled by humans or animals. The primary provisions of the new law are effective October 1, 2024.

Iowa

HF-2605, signed by Iowa Governor Kim Reynolds on May 17, 2024, places a new milligram limit on hemp products of 4 milligrams/serving and 10 milligrams/container; prohibits the sale of synthetic cannabinoids (to be defined in future rulemaking); prohibits the sale of flower intended for inhalation; and imposes civil and criminal penalties for failure to register. The new law is effective July 1, 2024.

Kentucky

Kentucky solidified its regulatory framework by distinguishing between adult-use and non-adult-use products. “Adult-use” includes any cannabinoid with “intoxicating properties,” which expressly includes Delta-9 THC, Delta-8 THC, Delta-10 THC, Delta-9 THCA, HHC, and several other cannabinoids. Products that fall above 2.5 milligrams are adult-use products available to adults 21+ and subject to other restrictions.

Oregon

The Oregon omnibus cannabis/hemp bill, HB 4121, signed into law on March 20, 2024, establishes the authority for the Oregon Liquor and Cannabis Commission (OLCC) to set standards for approving products containing artificially derived cannabinoids (e.g., CBN). It also establishes a hemp product registration process, including online sales, which will go into effect on January 1, 2026. Minimum labeling requirements are also included in the legislation.

South Dakota

Legislation signed by Governor Kristi Noem in March and effective July 1, 2024, will prohibit the practice of converting cannabinoids like CBD into Delta-8, Delta-10 THC, or any other THC isomer, analog, or derivative. The new law specifically bans THC-0, THC-0-acetate, HHC, and THCP and is effective on July 1, 2024.

Tennessee

SB-2427, enacted earlier this month, allows beer permit holders to sell hemp products compliant with state law.

Utah

In a progressive move, Utah Governor Spencer J. Cox signed into law HB 52. The bill expressly allows for interstate transport of work-in-progress hemp material that spikes above 0.3% if certain conditions are met and adds a new requirement for tinctures, so-called “oil-based suspension” products. These provisions of the bill became effective on March 12, 2024, upon the Governor’s signature.

West Virginia

Senate Bill 679, enacted in April 2024, will allow administrative sanctions against licensees and require that the Commissioner of Agriculture approve labeling.

Wyoming

SF0032, effective July 1, 2024, prohibits adding a synthetic substance to hemp or hemp products. "Synthetic substance" means any synthetic THC, synthetic cannabinoid, or other drug or psychoactive substance.

States to Watch in 2024

California, Illinois, and Louisiana all have pending bills that would be among the most restrictive in the country. Ohio is considering a proposed regulatory framework that would impose a THC limit of 2.5 milligrams per serving and 50 milligrams per container.