In an effort to encourage the development and use of sustainable hemp products, the 2018 federal Farm Bill created a carve-out for a wide range of items that previously would have been banned because of the plant’s close relationship with marijuana.
In fact, hemp and marijuana are the same plant species, but classified differently due to their relative levels of THC, the naturally occurring chemical responsible for marijuana’s intoxicating effects.
However, the federal legislation inadvertently created a regulatory gap, allowing the unregulated marketing of hemp-derived products containing less than a certain threshold amount of THC. Operating within the law, countless manufacturers and retailers began marketing a wide range of intoxicating hemp-derived products.
Federal law was tightened last year, and new standards are set to take effect this November. However, that has not stopped Delaware state legislators from wading into the debate.
On Wednesday, the House Health & Human Development Committee considered House Bill 395. The measure would largely shut down the sale of hemp-derived cannabinoids, requiring products containing them to be distributed through state-licensed marijuana businesses and subject to the same regulations applying to that industry.
Supporters of the bill argue that unregulated hemp-derived cannabinoids (e.g., delta-8, delta-9, delta-10) are often as potent as marijuana, yet are sold in gas stations and other retail establishments without age restrictions, safety testing, or proper packaging.
However, at the committee hearing, hemp-product retailers argued that the state is fear-mongering, noting that they have operated throughout the state for years without any major issues. They say state officials are using scare tactics to eliminate established competitors, as state-licensed marijuana businesses struggle to launch and find their footing in the marketplace.
House Bill 395 contains no provisions for current hemp product retailers, so its enactment would immediately force these establishments to close.
The sponsors of Senate Bill 298 and House Bill 401 are taking a different approach.
The former bill would draw a legal, definable distinction between legal hemp-derived cannabinoid products and marijuana and controlled substances. The latter measure, called the Delaware Hemp Regulation Act, seeks to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products in the state.
House Bill 395 has been released from committee and is on the House Ready List for possible action by the chamber. Senate Bill 298 and House Bill 401 are pending consideration in separate committees.
